As Passed by the Senate 1
123rd General Assembly 4
Regular Session H. B. No. 471 5
1999-2000 6
REPRESENTATIVES HARRIS-THOMAS-EVANS-METZGER-GOODMAN-TIBERI- 8
CALLENDER-CATES-SENATORS GARDNER-RAY-JOHNSON-KEARNS-WATTS- 9
WHITE-SPADA-MUMPER-DRAKE-HORN-FINAN-ARMBRUSTER-BLESSING 10
_________________________________________________________________ 12
A B I L L
To amend sections 9.55, 101.39, 109.65, 109.85, 15
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 17
122.19, 122.23, 123.01, 124.11, 124.14, 124.324,
125.30, 126.07, 131.11, 131.41, 135.81, 135.96, 19
145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 20
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 22
307.441, 307.98, 329.01, 329.02, 329.021,
329.022, 329.023, 329.03, 329.041, 329.042, 23
329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 24
331.06, 742.41, 1347.08, 1553.10, 1701.86, 25
1702.47, 1703.17, 1729.55, 1743.05, 1751.01, 26
1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 27
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 28
2113.06, 2151.152, 2151.232, 2151.281, 2151.353, 29
2151.36, 2151.39, 2151.412, 2151.413, 2151.416, 30
2151.421, 2151.43, 2151.49, 2151.86, 2301.35,
2301.356, 2301.358, 2301.36, 2301.37, 2301.371, 32
2301.372, 2301.373, 2301.374, 2301.375, 2301.43,
2305.26, 2317.56, 2705.031, 2715.041, 2715.045, 33
2716.13, 2744.05, 2913.40, 2949.26, 2950.11, 34
2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 35
3107.031, 3107.032, 3107.051, 3107.062, 3107.063,
3107.064, 3107.065, 3107.071, 3107.081, 3107.082, 36
3107.083, 3107.09, 3107.091, 3107.10, 3107.12, 37
3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 38
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 39
2
3111.06, 3111.07, 3111.09, 3111.20, 3111.21,
3111.211, 3111.22, 3111.23, 3111.231, 3111.24, 40
3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 41
3113.09, 3113.16, 3113.21, 3113.211, 3113.212,
3113.213, 3113.214, 3113.215, 3113.216, 3113.99, 42
3115.21, 3115.31, 3301.15, 3301.32, 3301.53, 43
3301.57, 3301.581, 3301.59, 3304.231, 3307.21,
3309.22, 3313.714, 3313.715, 3314.08, 3317.029, 44
3317.06, 3317.064, 3317.10, 3319.089, 3321.18, 45
3323.021, 3331.04, 3335.24, 3354.21, 3501.01, 47
3599.45, 3701.023, 3701.241, 3701.78, 3701.80,
3702.55, 3702.74, 3705.07, 3705.09, 3705.091, 48
3705.10, 3721.011, 3721.022, 3721.071, 3721.08, 49
3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 50
3721.56, 3721.57, 3721.58, 3722.04, 3722.15, 51
3722.16, 3724.12, 3727.13, 3727.17, 3729.02,
3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 53
3729.26, 3729.61, 3733.49, 3737.22, 3737.65,
3750.02, 3770.071, 3781.06, 3781.10, 3793.051, 56
3793.07, 3793.15, 3923.50, 3924.42, 3924.47,
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 57
4109.12, 4109.13, 4109.21, 4111.01, 4111.03, 58
4111.04, 4111.05, 4111.06, 4111.07, 4111.08,
4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 59
4111.26, 4111.27, 4111.28, 4111.29, 4111.30, 60
4112.02, 4115.03, 4115.031, 4115.032, 4115.034, 61
4115.04, 4115.05, 4115.07, 4115.071, 4115.08,
4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 63
4115.131, 4115.132, 4115.133, 4115.14, 4115.15,
4115.16, 4115.32, 4121.69, 4123.038, 4123.27, 64
4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 65
4141.07, 4141.09, 4141.11, 4141.131, 4141.14, 67
4141.17, 4141.18, 4141.20, 4141.23, 4141.231, 69
3
4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 70
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 72
4141.321, 4141.33, 4141.35, 4141.38, 4141.39,
4141.40, 4141.41, 4141.42, 4141.43, 4141.431, 73
4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 75
4167.10, 4167.11, 4167.12, 4167.14, 4167.15,
4167.16, 4167.17, 4167.19, 4303.292, 4582.37, 77
4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 78
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 79
5101.15, 5101.16, 5101.161, 5101.162, 5101.18, 80
5101.181, 5101.182, 5101.183, 5101.184, 5101.19, 81
5101.212, 5101.26, 5101.27, 5101.28, 5101.29, 82
5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 83
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 84
5101.321, 5101.322, 5101.323, 5101.324, 5101.325, 85
5101.326, 5101.327, 5101.33, 5101.34, 5101.341,
5101.36, 5101.44, 5101.45, 5101.46, 5101.48, 87
5101.49, 5101.50, 5101.502, 5101.51, 5101.512,
5101.513, 5101,515, 5101.516, 5101.517, 5101.518, 88
5101.52, 5101.53, 5101.54, 5101.541, 5101.542, 89
5101.543, 5101.544, 5101.572, 5101.58, 5101.59,
5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 90
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 91
5101.75, 5101.751, 5101.752, 5101.754, 5101.80, 92
5101.81, 5101.83, 5101.851, 5101.852, 5101.853,
5101.854, 5101.93, 5103.03, 5103.031, 5103.032, 93
5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 94
5103.151, 5103.152, 5103.154, 5103.16, 5103.17, 95
5103.22, 5103.23, 5104.01, 5104.011, 5104.012, 96
5104.013, 5104.014, 5104.015, 5104.02, 5104.021, 97
5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 98
5104.07, 5104.08, 5104.081, 5104.09, 5104.10,
5104.11, 5104.12, 5104.13, 5104.21, 5104.22, 99
5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 100
4
5104.34, 5104.341, 5104.35, 5104.36, 5104.37,
5104.38, 5104.39, 5104.40, 5104.41, 5104.42, 101
5104.43, 5104.44, 5107.03, 5107.05, 5107.10, 102
5107.12, 5107.14, 5107.16, 5107.161, 5107.162,
5107.18, 5107.20, 5107.22, 5107.24, 5107.26, 103
5107.28, 5107.282, 5107.283, 5107.284, 5107.286, 104
5107.287, 5107.30, 5107.40, 5107.41, 5107.42,
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 106
5107.541, 5107.58, 5107.60, 5107.62, 5107.64,
5107.65, 5107.66, 5107.68, 5107.69, 5107.70, 107
5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 108
5108.08, 5108.09, 5108.10, 5111.01, 5111.011, 109
5111.012, 5111.013, 5111.014, 5111.015, 5111.016, 111
5111.017, 5111.018, 5111.019, 5111.02, 5111.021,
5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 112
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 113
5111.11, 5111.111, 5111.112, 5111.113, 5111.12,
5111.121, 5111.13, 5111.14, 5111.16, 5111.17, 114
5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 115
5111.202, 5111.203, 5111.204, 5111.205, 5111.21,
5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 116
5111.24, 5111.241, 5111.25, 5111.251, 5111.252, 117
5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 118
5111.27, 5111.29, 5111.291, 5111.30, 5111.31,
5111.33, 5111.34, 5111.341, 5111.35, 5111.36, 119
5111.37, 5111.38, 5111.41, 5111.42, 5111.45, 120
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 121
5111.51, 5111.52, 5111.53, 5111.54, 5111.55,
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 122
5111.61, 5111.62, 5111.74, 5111.81, 5111.87, 123
5111.88, 5112.01, 5112.03, 5112.04, 5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 124
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 125
5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 126
5
5112.37, 5112.38, 5112.39, 5112.99, 5115.01,
5115.011, 5115.012, 5115.02, 5115.03, 5115.05, 127
5115.061, 5115.07, 5115.10, 5115.13, 5115.15, 128
5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 129
5123.191, 5123.604, 5126.31, 5139.08, 5139.34,
5139.39, 5153.01, 5153.02, 5153.10, 5153.111, 130
5153.121, 5153.14, 5153.15, 5153.16, 5153.163,
5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 132
5153.29, 5153.30, 5153.32, 5153.35, 5153.36, 133
5153.38, 5153.49, 5153.52, 5502.01, 5505.04,
5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 134
5747.01, 5747.121, 5747.122, and 5902.02 and to 135
amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 136
4111.25 (4139.01), 4111.26 (4139.02), 4111.27 137
(4139.03), 4111.28 (4139.04), 4111.29 (4139.05),
and 4111.30 (4139.06) of the Revised Code to 138
replace references to the Bureau or Administrator
of Employment Services with the Department or 139
Director of Job and Family Services and the 140
Department or Director of Commerce, to replace
references to the Department or Director of Human 141
Services with the Department or Director of Job 142
and Family Services, to replace references to a 143
county department of human services with the 144
county department of job and family services, to
replace references to human services with family 145
services, and to maintain the provisions of this 146
act on and after January 1, 2001, by amending the 147
versions of sections 3109.15, 3109.16, and
3109.18 of the Revised Code that take effect on 148
that date, on and after April 1, 2001, by 149
amending the version of section 4141.14 of the
Revised Code that takes effect on that date, and 150
6
on and after April 1, 2002, by amending the
version of section 4141.14 of the Revised Code 151
that takes effect on that date. 152
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 154
Section 1. That sections 9.55, 101.39, 109.65, 109.85, 157
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 122.19, 122.23, 159
123.01, 124.11, 124.14, 124.324, 125.30, 126.07, 131.11, 131.41, 161
135.81, 135.96, 145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 162
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 307.441, 307.98, 164
329.01, 329.02, 329.021, 329.022, 329.023, 329.03, 329.041, 165
329.042, 329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 331.06, 166
742.41, 1347.08, 1553.10, 1701.86, 1702.47, 1703.17, 1729.55, 168
1743.05, 1751.01, 1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 169
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 2113.06, 2151.152, 171
2151.232, 2151.281, 2151.353, 2151.36, 2151.39, 2151.412, 172
2151.413, 2151.416, 2151.421, 2151.43, 2151.49, 2151.86, 2301.35,
2301.356, 2301.358, 2301.36, 2301.37, 2301.371, 2301.372, 174
2301.373, 2301.374, 2301.375, 2301.43, 2305.26, 2317.56, 175
2705.031, 2715.041, 2715.045, 2716.13, 2744.05, 2913.40, 2949.26, 176
2950.11, 2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 3107.031, 177
3107.032, 3107.051, 3107.062, 3107.063, 3107.064, 3107.065, 178
3107.071, 3107.081, 3107.082, 3107.083, 3107.09, 3107.091, 179
3107.10, 3107.12, 3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 180
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 3111.06, 3111.07, 181
3111.09, 3111.20, 3111.21, 3111.211, 3111.22, 3111.23, 3111.231, 182
3111.24, 3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 3113.09, 183
3113.16, 3113.21, 3113.211, 3113.212, 3113.213, 3113.214, 184
3113.215, 3113.216, 3113.99, 3115.21, 3115.31, 3301.15, 3301.32, 185
3301.53, 3301.57, 3301.581, 3301.59, 3304.231, 3307.21, 3309.22, 186
3313.714, 3313.715, 3314.08, 3317.029, 3317.06, 3317.064, 187
3317.10, 3319.089, 3321.18, 3323.021, 3331.04, 3335.24, 3354.21, 188
3501.01, 3599.45, 3701.023, 3701.241, 3701.78, 3701.80, 3702.55, 190
7
3702.74, 3705.07, 3705.09, 3705.091, 3705.10, 3721.011, 3721.022, 191
3721.071, 3721.08, 3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 3721.56, 3721.57, 192
3721.58, 3722.04, 3722.15, 3722.16, 3724.12, 3727.13, 3727.17, 193
3729.02, 3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 3729.26, 195
3729.61, 3733.49, 3737.22, 3737.65, 3750.02, 3770.071, 3781.06, 197
3781.10, 3793.051, 3793.07, 3793.15, 3923.50, 3924.42, 3924.47, 198
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 4109.12, 4109.13, 199
4109.21, 4111.01, 4111.03, 4111.04, 4111.05, 4111.06, 4111.07, 200
4111.08, 4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 4111.26, 201
4111.27, 4111.28, 4111.29, 4111.30, 4112.02, 4115.03, 4115.031, 203
4115.032, 4115.034, 4115.04, 4115.05, 4115.07, 4115.071, 4115.08,
4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 4115.131, 4115.132, 205
4115.133, 4115.14, 4115.15, 4115.16, 4115.32, 4121.69, 4123.038, 206
4123.27, 4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 4141.07, 208
4141.09, 4141.11, 4141.131, 4141.14, 4141.17, 4141.18, 4141.20, 210
4141.23, 4141.231, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 212
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 4141.321, 4141.33, 214
4141.35, 4141.38, 4141.39, 4141.40, 4141.41, 4141.42, 4141.43, 215
4141.431, 4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 4167.10, 217
4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 4167.17, 4167.19, 218
4303.292, 4582.37, 4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 220
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 5101.15, 221
5101.16, 5101.161, 5101.162, 5101.18, 5101.181, 5101.182, 222
5101.183, 5101.184, 5101.19, 5101.212, 5101.26, 5101.27, 5101.28, 224
5101.29, 5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 225
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 5101.321, 226
5101.322, 5101.323, 5101.324, 5101.325, 5101.326, 5101.327, 227
5101.33, 5101.34, 5101.341, 5101.36, 5101.44, 5101.45, 5101.46, 229
5101.48, 5101.49, 5101.50, 5101.502, 5101.51, 5101.512, 5101.513,
5101,515, 5101.516, 5101.517, 5101.518, 5101.52, 5101.53, 230
5101.54, 5101.541, 5101.542, 5101.543, 5101.544, 5101.572, 231
5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 232
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 5101.75, 5101.751, 233
8
5101.752, 5101.754, 5101.80, 5101.81, 5101.83, 5101.851, 234
5101.852, 5101.853, 5101.854, 5101.93, 5103.03, 5103.031, 235
5103.032, 5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 5103.151, 236
5103.152, 5103.154, 5103.16, 5103.17, 5103.22, 5103.23, 5104.01, 238
5104.011, 5104.012, 5104.013, 5104.014, 5104.015, 5104.02, 239
5104.021, 5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 5104.07, 240
5104.08, 5104.081, 5104.09, 5104.10, 5104.11, 5104.12, 5104.13, 241
5104.21, 5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 242
5104.34, 5104.341, 5104.35, 5104.36, 5104.37, 5104.38, 5104.39, 243
5104.40, 5104.41, 5104.42, 5104.43, 5104.44, 5107.03, 5107.05,
5107.10, 5107.12, 5107.14, 5107.16, 5107.161, 5107.162, 5107.18, 245
5107.20, 5107.22, 5107.24, 5107.26, 5107.28, 5107.282, 5107.283,
5107.284, 5107.286, 5107.287, 5107.30, 5107.40, 5107.41, 5107.42, 246
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 5107.541, 5107.58, 248
5107.60, 5107.62, 5107.64, 5107.65, 5107.66, 5107.68, 5107.69, 249
5107.70, 5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 5108.08, 251
5108.09, 5108.10, 5111.01, 5111.011, 5111.012, 5111.013,
5111.014, 5111.015, 5111.016, 5111.017, 5111.018, 5111.019, 253
5111.02, 5111.021, 5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 254
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 5111.11, 5111.111, 255
5111.112, 5111.113, 5111.12, 5111.121, 5111.13, 5111.14, 5111.16, 256
5111.17, 5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 5111.202, 257
5111.203, 5111.204, 5111.205, 5111.21, 5111.22, 5111.221, 258
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 259
5111.251, 5111.252, 5111.255, 5111.257, 5111.26, 5111.261, 260
5111.263, 5111.27, 5111.29, 5111.291, 5111.30, 5111.31, 5111.33, 261
5111.34, 5111.341, 5111.35, 5111.36, 5111.37, 5111.38, 5111.41, 262
5111.42, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 263
5111.51, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 264
5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.74, 5111.81, 265
5111.87, 5111.88, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 266
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18, 267
5112.19, 5112.21, 5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 268
5112.37, 5112.38, 5112.39, 5112.99, 5115.01, 5115.011, 5115.012, 269
9
5115.02, 5115.03, 5115.05, 5115.061, 5115.07, 5115.10, 5115.13, 270
5115.15, 5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 5123.191, 271
5123.604, 5126.31, 5139.08, 5139.34, 5139.39, 5153.01, 5153.02, 272
5153.10, 5153.111, 5153.121, 5153.14, 5153.15, 5153.16, 5153.163,
5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 5153.29, 5153.30, 274
5153.32, 5153.35, 5153.36, 5153.38, 5153.49, 5153.52, 5502.01, 275
5505.04, 5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 5747.01, 276
5747.121, 5747.122, and 5902.02 be amended, and sections 4111.25 278
(4139.01), 4111.26 (4139.02), 4111.27 (4139.03), 4111.28 279
(4139.04), 4111.29 (4139.05), and 4111.30 (4139.06) of the
Revised Code be amended for the purpose of adopting new section 280
numbers as indicated in parentheses, to read as follows: 281
Sec. 9.55. (A) As used in this section, "state agency" 290
means the house of representatives, the senate, the governor, the 291
secretary of state, the auditor of state, the treasurer of state, 292
the attorney general, the department of human services, the 293
bureau of employment JOB AND FAMILY services, THE DEPARTMENT OF 294
COMMERCE the department of mental retardation and developmental 295
disabilities, the department of education, the department of 296
health, the department of aging, the governor's office of
advocacy for disabled persons, and the civil rights commission. 297
(B) Each state agency shall install in its offices at 299
least one teletypewriter designed to receive printed messages 300
from and transmit printed messages to deaf or hearing-impaired 301
persons.
Sec. 101.39. (A) There is hereby created the joint 310
legislative committee on health care oversight. The committee 312
may review or study any matter related to the provision of health 314
care services that it considers of significance to the citizens 315
of this state, including the availability of health care, the 316
quality of health care, the effectiveness and efficiency of 317
managed care systems, and the operation of the medical assistance 318
program established under Chapter 5111. of the Revised Code or 321
other government health programs. 322
10
The department of human JOB AND FAMILY services, department 324
of health, department of aging, department of mental health, 326
department of mental retardation and developmental disabilities, 327
department of alcohol and drug addiction services, and other 328
state agencies shall cooperate with the committee in its study 329
and review of health care issues. On request, the departments 330
shall provide the committee with reports and other information 331
sufficient for the committee to fulfill its duties. 332
The committee may issue recommendations as it determines 334
appropriate. The recommendations may be made to the general 335
assembly, state agencies, private industry, or any other entity. 336
(B) The committee shall consist of the following members 338
of the general assembly: the chairperson of the senate's 339
standing committee with primary responsibility for health 340
legislation, the chairperson of the house of representatives' 341
standing committee with primary responsibility for health
legislation, four members of the house of representatives 342
appointed by the speaker of the house of representatives, and 344
four members of the senate appointed by the president of the 346
senate. Not more than two members appointed by the speaker of 347
the house of representatives and not more than two members
appointed by the president of the senate may be of the same 348
political party. Except in 1995, appointments shall be made not 349
later than fifteen days after the commencement of the first 350
regular session of each general assembly. The chairpersons of 351
the standing committees with primary responsibility for health 352
legislation shall serve as co-chairpersons of the committee.
Each member of the committee shall hold office during the 354
general assembly in which the member is appointed and until a 355
successor has been appointed, notwithstanding the adjournment 356
sine die of the general assembly in which the member was 357
appointed or the expiration of the member's term as a member of
the general assembly. Any vacancies occurring among the members 358
of the committee shall be filled in the manner of the original 359
11
appointment.
The committee shall meet at least quarterly and at the call 361
of the co-chairpersons. The co-chairpersons shall determine the 362
time, place, and agenda for each meeting of the committee. 363
The committee has the same powers as other standing or 365
select committees of the general assembly. The committee may 366
request assistance from the legislative service commission and 367
the legislative budget office of the legislative service 368
commission.
Sec. 109.65. (A) As used in this section, "minor," 377
"missing child," and "missing children" have the same meanings as 378
in section 2901.30 of the Revised Code. 379
(B) There is hereby created within the office of the 381
attorney general the missing children clearinghouse. The 382
attorney general shall administer the clearinghouse. The 383
clearinghouse is established as a central repository of 384
information to coordinate and improve the availability of 385
information regarding missing children, which information shall 386
be collected and disseminated by the clearinghouse to assist in 387
the location of missing children. The clearinghouse shall act as 388
an information repository separate from and in addition to law 389
enforcement agencies within this state. 390
(C) The missing children clearinghouse may perform any of 392
the following functions: 393
(1) The establishment of services to aid in the location 395
of missing children that include, but are not limited to, any of 396
the following services: 397
(a) Assistance in the preparation and dissemination of 399
flyers identifying and describing missing children and their 400
abductors; 401
(b) The development of informational forms for the 403
reporting of missing children that may be used by parents, 404
guardians, and law enforcement officials to facilitate the 405
location of a missing child; 406
12
(c) The provision of assistance to public and private 408
organizations, boards of education, nonpublic schools, 409
preschools, child care facilities, and law enforcement agencies 410
in planning and implementing voluntary programs to fingerprint 411
children. 412
(2) The establishment and operation of a toll-free 414
telephone line for supplemental reports of missing children and 415
reports of sightings of missing children; 416
(3) Upon the request of any person or entity and upon 418
payment of any applicable fee established by the attorney general 419
under division (H) of this section, the provision to the person 420
or entity who makes the request of a copy of any information 421
possessed by the clearinghouse that was acquired or prepared 422
pursuant to division (E)(3) of this section; 423
(4) The performance of liaison services between 425
individuals and public and private agencies regarding procedures 426
for handling and responding to missing children reports; 427
(5) The participation as a member in any networks of other 429
missing children centers or clearinghouses; 430
(6) The creation and operation of an intrastate network of 432
communication designed for the speedy collection and processing 433
of information concerning missing children. 434
(D) If a board of education is notified by school 436
personnel that a missing child is attending any school under the 437
board's jurisdiction, or if the principal or chief administrative 438
officer of a nonpublic school is notified by school personnel 439
that a missing child is attending that school, the board or the 440
principal or chief administrative officer immediately shall give 441
notice of that fact to the missing children clearinghouse and to 442
the law enforcement agency with jurisdiction over the area where 443
the missing child resides. 444
(E)(1) The attorney general, in cooperation with the 446
department of human JOB AND FAMILY services, shall establish a 447
"missing child educational program" within the missing children 449
13
clearinghouse that shall perform the functions specified in 450
divisions (E)(1) to (3) of this section. The program shall 451
operate under the supervision and control of the attorney general 452
in accordance with procedures that the attorney general shall 453
develop to implement divisions (E)(1) to (3) of this section. 454
The attorney general shall cooperate with the department of 455
education in developing and disseminating information acquired or 456
prepared pursuant to division (E)(3) of this section. 457
(2) Upon the request of any board of education in this 459
state or any nonpublic school in this state, the missing child 460
educational program shall provide to the board or school a 461
reasonable number of copies of the information acquired or 462
prepared pursuant to division (E)(3) of this section. 463
Upon the request of any board of education in this state or 465
any nonpublic school in this state that, pursuant to section 466
3313.96 of the Revised Code, is developing an information program 467
concerning missing children issues and matters, the missing child 468
educational program shall provide to the board or nonpublic 469
school assistance in developing the information program. The 470
assistance may include, but is not limited to, the provision of 471
any or all of the following: 472
(a) If the requesting entity is a board of education of a 474
school district, sample policies on missing and exploited 475
children issues to assist the board in complying with section 476
3313.205 of the Revised Code; 477
(b) Suggested safety curricula regarding missing children 479
issues, including child safety and abduction prevention issues; 480
(c) Assistance in developing, with local law enforcement 482
agencies, prosecuting attorneys, boards of education, school 483
districts, and nonpublic schools, cooperative programs for 484
fingerprinting children; 485
(d) Other assistance to further the goals of the program. 487
(3) The missing child educational program shall acquire or 489
prepare informational materials relating to missing children 490
14
issues and matters. These issues and matters include, but are 491
not limited to, the following: 492
(a) The types of missing children; 494
(b) The reasons why and how minors become missing 496
children, the potential adverse consequences of a minor becoming 497
a missing child, and, in the case of minors who are considering 498
running away from home or from the care, custody, and control of 499
their parents, parent who is the residential parent and legal 500
custodian, guardian, legal custodian, or another person 501
responsible for them, alternatives that may be available to 502
address their concerns and problems; 503
(c) Offenses under federal law that could relate to 505
missing children and other provisions of federal law that focus 506
on missing children; 507
(d) Offenses under the Revised Code that could relate to 509
missing children, including, but not limited to, kidnapping, 510
abduction, unlawful restraint, child stealing, interference with 511
custody, endangering children, domestic violence, abuse of a 512
child and contributing to the dependency, neglect, unruliness, or 513
delinquency of a child, sexual offenses, drug offenses, 514
prostitution offenses, and obscenity offenses, and other 515
provisions of the Revised Code that could relate to missing 516
children; 517
(e) Legislation being considered by the general assembly, 519
legislatures of other states, the congress of the United States, 520
and political subdivisions in this or any other state to address 521
missing children issues; 522
(f) Sources of information on missing children issues; 524
(g) State, local, federal, and private systems for 526
locating and identifying missing children; 527
(h) Law enforcement agency programs, responsibilities, and 529
investigative techniques in missing children matters; 530
(i) Efforts on the community level in this and other 532
states, concerning missing children issues and matters, by 533
15
governmental entities and private organizations; 534
(j) The identification of private organizations that, 536
among their primary objectives, address missing children issues 537
and matters; 538
(k) How to avoid becoming a missing child and what to do 540
if one becomes a missing child; 541
(l) Efforts that schools, parents, and members of a 543
community can undertake to reduce the risk that a minor will 544
become a missing child and to quickly locate or identify a minor 545
if he becomes a missing child, including, but not limited to, 546
fingerprinting programs. 547
(F) Each year the missing children clearinghouse shall 549
issue a report describing its performance of the functions 550
specified in division (E) of this section and shall provide a 551
copy of the report to the speaker of the house of 552
representatives, the president of the senate, the governor, the 553
superintendent of the bureau of criminal identification and 554
investigation, and the director of human JOB AND FAMILY services. 555
(G) Any state agency or political subdivision of this 557
state that operates a missing children program or a clearinghouse 558
for information about missing children shall coordinate its 559
activities with the missing children clearinghouse. 560
(H) The attorney general shall determine a reasonable fee 562
to be charged for providing to any person or entity other than a 563
state or local law enforcement agency of this or any other state, 564
a law enforcement agency of the United States, a board of 565
education of a school district in this state, a nonpublic school 566
in this state, a governmental entity in this state, or a public 567
library in this state, pursuant to division (A)(3) of this 568
section, copies of any information acquired or prepared pursuant 569
to division (E)(3) of this section. The attorney general shall 570
collect the fee prior to sending or giving copies of any 571
information to any person or entity for whom or which this 572
division requires the fee to be charged and shall deposit the fee 573
16
into the missing children fund created by division (I) of this 574
section. 575
(I) There is hereby created in the state treasury the 577
missing children fund that shall consist of all moneys awarded to 578
the state by donation, gift, or bequest, all other moneys 579
received for purposes of this section, and all fees collected 580
pursuant to this section or section 109.64 of the Revised Code. 581
The attorney general shall use the moneys in the missing children 582
fund only for purposes of the office of the attorney general 583
acquiring or preparing information pursuant to division (E)(3) of 584
this section. 585
(J) The failure of the missing children clearinghouse to 587
undertake any function or activity authorized in this section 588
does not create a cause of action against the state. 589
Sec. 109.85. (A) Upon the written request of the 598
governor, the general assembly, the auditor of state, the 599
director of human JOB AND FAMILY services, the director of 600
health, or the director of budget and management, or upon the 602
attorney general's becoming aware of criminal or improper 603
activity related to Chapter 3721. and the medical assistance 604
program established under section 5111.01 of the Revised Code, 605
the attorney general shall investigate any criminal or civil 606
violation of law related to Chapter 3721. of the Revised Code or 607
the medical assistance program. 608
(B) When it appears to the attorney general, as a result 610
of an investigation under division (A) of this section, that 611
there is cause to prosecute for the commission of a crime or to 612
pursue a civil remedy, he THE ATTORNEY GENERAL may refer the 613
evidence to the prosecuting attorney having jurisdiction of the 615
matter, or to a regular grand jury drawn and impaneled pursuant 616
to sections 2939.01 to 2939.24 of the Revised Code, or to a 617
special grand jury drawn and impaneled pursuant to section 618
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 619
initiate and prosecute any necessary criminal or civil actions in 621
17
any court or tribunal of competent jurisdiction in this state. 622
When proceeding under this section, the attorney general, and any 623
assistant or special counsel designated by him THE ATTORNEY 624
GENERAL for that purpose, have all rights, privileges, and powers 626
of prosecuting attorneys. The attorney general shall have 627
exclusive supervision and control of all investigations and
prosecutions initiated by him THE ATTORNEY GENERAL under this 629
section. The forfeiture provisions of sections 2933.71 to 630
2933.75 of the Revised Code apply in relation to any such 631
criminal action initiated and prosecuted by the attorney general. 632
(C) Nothing in this section shall prevent a county 634
prosecuting attorney from investigating and prosecuting criminal 635
activity related to Chapter 3721. of the Revised Code and the 636
medical assistance program established under section 5111.01 of 637
the Revised Code. The forfeiture provisions of sections 2933.71 638
to 2933.75 of the Revised Code apply in relation to any 639
prosecution of criminal activity related to the medical 640
assistance program undertaken by the prosecuting attorney. 641
Sec. 109.86. (A) The attorney general shall investigate 650
any activity he THE ATTORNEY GENERAL has reasonable cause to 651
believe is in violation of section 2903.34 of the Revised Code. 653
Upon written request of the governor, the general assembly, the 654
auditor of state, or the director of health, human JOB AND FAMILY 655
services, aging, mental health, or mental retardation and 657
developmental disabilities, the attorney general shall 658
investigate any activity these persons believe is in violation of 659
section 2903.34 of the Revised Code. If after an investigation 660
the attorney general has probable cause to prosecute for the 661
commission of a crime, he THE ATTORNEY GENERAL shall refer the 662
evidence to the prosecuting attorney, director of law, or other 663
similar chief legal officer having jurisdiction over the matter. 664
If the prosecuting attorney decides to present the evidence to a 665
grand jury, he THE PROSECUTING ATTORNEY shall notify the attorney 667
general in writing of the decision within thirty days after 668
18
referral of the matter and shall present the evidence prior to 669
the discharge of the next regular grand jury. If the director of 670
law or other chief legal officer decides to prosecute the case, 671
he THE DIRECTOR OR OFFICER shall notify the attorney general in 673
writing of the decision within thirty days and shall initiate 674
prosecution within sixty days after the matter was referred to 675
him THE DIRECTOR OR OFFICER.
(B) If the prosecuting attorney, director of law, or other 677
chief legal officer fails to notify the attorney general or to 678
present evidence or initiate prosecution in accordance with 679
division (A) of this section, the attorney general may present 680
the evidence to a regular grand jury drawn and impaneled pursuant 681
to sections 2939.01 to 2939.24 of the Revised Code, or to a 682
special grand jury drawn and impaneled pursuant to section 683
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 684
initiate and prosecute any action in any court or tribunal of 686
competent jurisdiction in this state. The attorney general, and 687
any assistant or special counsel designated by him THE ATTORNEY 688
GENERAL, have all the powers of a prosecuting attorney, director 690
of law, or other chief legal officer when proceeding under this 691
section. Nothing in this section shall limit or prevent a 692
prosecuting attorney, director of law, or other chief legal 693
officer from investigating and prosecuting criminal activity 694
committed against a resident or patient of a care facility. 695
Sec. 117.10. The auditor of state shall audit all public 704
offices as provided in this chapter. The auditor of state also 705
may audit the accounts of private institutions, associations, 707
boards, and corporations receiving public money for their use and 709
may require of them annual reports in such form as the auditor of 710
state prescribes.
The auditor of state may audit the accounts of any provider 712
as defined in section 5111.06 of the Revised Code, if requested 713
by the Ohio department of human JOB AND FAMILY services. 715
If a public office has been audited by an agency of the 717
19
United States government, the auditor of state may, if satisfied 718
that the federal audit has been conducted according to principles 720
and procedures not contrary to those of the auditor of state, use 721
and adopt the federal audit and report in lieu of an audit by the 722
auditor of state's own office.
Within thirty days after the creation or dissolution or the 724
winding up of the affairs of any public office, that public 725
office shall notify the auditor of state in writing that this 726
action has occurred.
Sec. 117.45. (A) The auditor of state shall draw warrants 735
against the treasurer of state pursuant to all requests for 736
payment that the director of budget and management has approved 737
under section 126.07 of the Revised Code. 738
(B) Unless the director of human JOB AND FAMILY services 740
has provided for the making of payments by electronic benefit 742
transfer, if a financial institution and account have been 743
designated by the participant or recipient, payment by the 744
auditor of state to a participant in the Ohio works first program 745
pursuant to Chapter 5107. of the Revised Code or a recipient of 746
disability assistance pursuant to Chapter 5115. of the Revised 748
Code shall be made by direct deposit to the account of the 749
participant or recipient in the financial institution. Payment
by the auditor of state to a recipient of benefits distributed 751
through the medium of electronic benefit transfer pursuant to
section 5101.33 of the Revised Code shall be by electronic 752
benefit transfer. Payment by the auditor of state as 753
compensation to an employee of the state who has, pursuant to 754
section 124.151 of the Revised Code, designated a financial 755
institution and account for the direct deposit of such payments 756
shall be made by direct deposit to the account of the employee. 757
Payment to any other payee who has designated a financial 758
institution and account for the direct deposit of such payment 759
may be made by direct deposit to the account of the payee in the 760
financial institution as provided in section 9.37 of the Revised 761
20
Code. The auditor of state shall contract with an authorized 762
financial institution for the services necessary to make direct 763
deposits or electronic benefit transfers under this division and 764
draw lump sum warrants payable to that institution in the amount 765
to be transferred. Accounts maintained by the auditor of state 766
or the auditor of state's agent in a financial institution for 767
the purpose of effectuating payment by direct deposit or 769
electronic benefit transfer shall be maintained in accordance 770
with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be 772
made by paper warrants or by direct deposit payable to the 773
respective payees. The auditor of state may mail the paper 775
warrants to the respective payees or distribute them through 776
other state agencies, whichever the auditor of state determines 777
to be the better procedure.
(D) If the average per transaction cost the auditor of 779
state incurs in making direct deposits for a state agency exceeds 780
the average per transaction cost the auditor of state incurs in 782
drawing paper warrants for all public offices during the same 783
period of time, the auditor of state may certify the difference 784
in cost and the number of direct deposits for the agency to the 786
director of administrative services. The director shall 787
reimburse the auditor of state for such additional costs and add 788
the amount to the processing charge assessed upon the state 789
agency.
Sec. 121.37. (A)(1) There is hereby created the Ohio 798
family and children first cabinet council. The council shall be 799
composed of the superintendent of public instruction and the 800
directors of youth services, human JOB AND FAMILY services, 801
mental health, health, alcohol and drug addiction services, 803
mental retardation and developmental disabilities, and budget and 804
management. The chairperson of the council shall be the governor 805
or the governor's designee and shall establish procedures for the 806
council's internal control and management. 807
21
(2) The purpose of the cabinet council is to help families 809
seeking government services. This section shall not be 810
interpreted or applied to usurp the role of parents, but solely 811
to streamline and coordinate existing government services for 812
families seeking assistance for their children. 813
In seeking to fulfill its purpose, the council may do any 815
of the following: 816
(a) Advise and make recommendations to the governor and 818
general assembly regarding the provision of services to children; 819
(b) Advise and assess local governments on the 821
coordination of service delivery to children; 822
(c) Hold meetings at such times and places as may be 824
prescribed by the council's procedures and maintain records of 825
the meetings, except that records identifying individual children 827
are confidential and shall be disclosed only as provided by law; 828
(d) Develop programs and projects, including pilot 830
projects, to encourage coordinated efforts at the state and local 831
level to improve the state's social service delivery system; 833
(e) Enter into contracts with and administer grants to 835
county family and children first councils, as well as other 837
county or multicounty organizations to plan and coordinate 838
service delivery between state agencies and local service 839
providers for families and children; 840
(f) Enter into contracts with and apply for grants from 842
federal agencies or private organizations; 843
(g) Enter into interagency agreements to encourage 846
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may 847
include provisions regarding the receipt, transfer, and 848
expenditure of funds.
(3) The cabinet council shall provide for the following: 851
(a) Reviews of service and treatment plans for children 854
for which such reviews are requested;
(b) Assistance as the council determines to be necessary 858
22
to meet the needs of children referred by county family and 860
children first councils;
(c) Monitoring and supervision of a statewide, 864
comprehensive, coordinated, multi-disciplinary, interagency 865
system for infants and toddlers with developmental disabilities 866
or delays and their families, as established pursuant to federal 867
grants received and administered by the department of health for 868
early intervention services under the "Education of the 869
Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 870
U.S.C.A. 1471, as amended. 871
(B)(1) Each county shall establish a county family and 874
children first council. A county may invite any local public or 875
private agency or group that funds, advocates, or provides 876
services to children and families to have a representative become 877
a permanent or temporary member of its county council. Each 878
county council must include the following individuals: 880
(a) At least three individuals whose families are or have 882
received services from an agency represented on the council or 883
another county's council. Where possible, the number of members 884
representing families shall be equal to twenty per cent of the 885
council's membership.
(b) The director of the board of alcohol, drug addiction, 888
and mental health services that serves the county, or, in the 889
case of a county that has a board of alcohol and drug addiction 890
services and a community mental health board, the directors of 891
both boards. If a board of alcohol, drug addiction, and mental 892
health services covers more than one county, the director may 893
designate a person to participate on the county's council. 894
(c) The health commissioner, or the commissioner's 896
designee, of the board of health of each city and general health 898
district in the county. If the county has two or more health 900
districts, the health commissioner membership may be limited to 901
the commissioners of the two districts with the largest 902
populations.
23
(d) The director of the county department of human JOB AND 904
FAMILY services; 905
(e) The executive director of the county agency 908
responsible for the administration of children services pursuant 909
to section 5153.15 of the Revised Code; 910
(f) The superintendent of the county board of mental 913
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service or 916
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge, 917
by the judge senior in service; 918
(h) The superintendent of the city, exempted village, or 921
local school district with the largest number of pupils residing 922
in the county, as determined by the department of education, 923
which shall notify each county of its determination at least 924
biennially;
(i) A school superintendent representing all other school 927
districts with territory in the county, as designated at a 928
biennial meeting of the superintendents of those districts; 929
(j) A representative of the municipal corporation with the 932
largest population in the county; 933
(k) The chair of the board of county commissioners, or an 936
individual designated by the board;
(l) A representative of the regional office of the 938
department of youth services; 940
(m) A representative of the county's head start agencies, 943
as defined in section 3301.31 of the Revised Code; 944
(n) A representative of the county's early intervention 947
collaborative established pursuant to the federal early 948
intervention program operated under the "Education of the 949
Handicapped Act Amendments of 1986"; 950
(o) A representative of a local nonprofit entity that 953
funds, advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public 955
24
members of a county council are not prohibited from serving on 957
the council and making decisions regarding the duties of the 958
council, including those involving the funding of joint projects 959
and those outlined in the county's service coordination mechanism 960
implemented pursuant to division (C) of this section. 961
The cabinet council shall establish a state appeals process 963
to resolve disputes among the members of a county council 964
concerning whether reasonable responsibilities as members are 965
being shared. The appeals process may be accessed only by a 966
majority vote of the council members who are required to serve on 967
the council. Upon appeal, the cabinet council may order that
state funds for services to children and families be redirected 968
to a county's board of county commissioners. 969
(2) A county council shall provide for the following: 971
(a) Referrals to the cabinet council of those children for 974
whom the county council cannot provide adequate services; 975
(b) Development and implementation of a process that 977
annually evaluates and prioritizes services, fills service gaps 979
where possible, and invents new approaches to achieve better 980
results for families and children; 981
(c) Participation in the development of a countywide, 984
comprehensive, coordinated, multi-disciplinary, interagency 985
system for infants and toddlers with developmental disabilities 986
or delays and their families, as established pursuant to federal 987
grants received and administered by the department of health for 988
early intervention services under the "Education of the 989
Handicapped Act Amendments of 1986"; 990
(d) Maintenance of an accountability system to monitor the 994
county council's progress in achieving results for families and 995
children;
(e) Establishment of a mechanism to ensure ongoing input 999
from a broad representation of families who are receiving
services within the county system. 1,000
(3)(a) Except as provided in division (B)(3)(b) of this 1,003
25
section, a county council shall comply with the policies, 1,004
procedures, and activities prescribed by the rules or interagency 1,005
agreements of a state department participating on the cabinet 1,006
council whenever the county council performs a function subject 1,008
to those rules or agreements.
(b) On application of a county council, the cabinet 1,011
council may grant an exemption from any rules or interagency 1,012
agreements of a state department participating on the council if 1,013
an exemption is necessary for the council to implement an 1,014
alternative program or approach for service delivery to families 1,015
and children. The application shall describe the proposed 1,016
program or approach and specify the rules or interagency 1,017
agreements from which an exemption is necessary. The cabinet 1,019
council shall approve or disapprove the application in accordance 1,020
with standards and procedures it shall adopt. If an application 1,021
is approved, the exemption is effective only while the program or 1,023
approach is being implemented, including a reasonable period 1,024
during which the program or approach is being evaluated for 1,025
effectiveness.
(4) Each county council shall designate an administrative 1,028
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services, 1,029
including a board of alcohol and drug addiction or a community 1,030
mental health board if the county is served by separate boards; 1,031
the board of county commissioners; any board of health of the 1,032
county's city and general health districts; the county department 1,033
of human JOB AND FAMILY services; the county agency responsible 1,034
for the administration of children services pursuant to section 1,035
5153.15 of the Revised Code; the county board of mental 1,037
retardation and developmental disabilities; any of the county's 1,038
boards of education or governing boards of educational service
centers; or the county's juvenile court. Any of the foregoing 1,039
public entities, other than the board of county commissioners, 1,040
may decline to serve as the council's administrative agent. 1,041
26
A county council's administrative agent shall serve as the 1,043
council's appointing authority. The council shall file an annual 1,044
budget with its administrative agent, with copies filed with the 1,045
county auditor and with the board of county commissioners, unless 1,046
the board is serving as the council's administrative agent. The 1,047
council's administrative agent shall ensure that all expenditures 1,048
are handled in accordance with policies, procedures, and
activities prescribed by state departments in rules or 1,049
interagency agreements that are applicable to the council's 1,050
functions.
The administrative agent for a county council may do any of 1,052
the following on behalf of the council: 1,053
(a) Enter into agreements or administer contracts with 1,055
public or private entities to fulfill specific council business. 1,056
Such agreements and contracts are exempt from the competitive 1,057
bidding requirements of section 307.86 of the Revised Code if 1,059
they have been approved by the county council and they are for 1,060
the purchase of family and child welfare or child protection 1,061
services or other social or human JOB AND FAMILY services for 1,062
families and children. The approval of the county council is not 1,063
required to exempt agreements or contracts entered into under 1,064
section 5139.34, 5139.41, or 5139.43 of the Revised Code from the 1,066
competitive bidding requirements of section 307.86 of the Revised 1,067
Code.
(b) As determined by the council, provide financial 1,069
stipends, reimbursements, or both, to family representatives for 1,070
expenses related to council activity; 1,071
(c) Receive by gift, grant, devise, or bequest any moneys, 1,073
lands, or other property for the purposes for which the council 1,074
is established. The agent shall hold, apply, and dispose of the 1,075
moneys, lands, or other property according to the terms of the 1,076
gift, grant, devise, or bequest. Any interest or earnings shall 1,077
be treated in the same manner and are subject to the same terms 1,078
as the gift, grant, devise, or bequest from which it accrues.
27
(5) Two or more county councils may enter into an 1,080
agreement to administer their county councils jointly by creating 1,082
a regional family and children first council. A regional council
possesses the same duties and authority possessed by a county 1,084
council, except that the duties and authority apply regionally 1,085
rather than to individual counties. Prior to entering into an 1,086
agreement to create a regional council, the members of each 1,087
county council to be part of the regional council shall meet to 1,088
determine whether all or part of the members of each county 1,089
council will serve as members of the regional council. 1,090
(6) A board of county commissioners may approve a 1,092
resolution by a majority vote of the board's members that 1,094
requires the county council to submit a statement to the board 1,095
each time the council proposes to enter into an agreement, adopt 1,096
a plan, or make a decision, other than a decision pursuant to 1,098
section 121.38 of the Revised Code, that requires the expenditure 1,100
of funds for two or more families. The statement shall describe 1,101
the proposed agreement, plan, or decision. 1,102
Not later than fifteen days after the board receives the 1,104
statement, it shall, by resolution approved by a majority of its 1,106
members, approve or disapprove the agreement, plan, or decision. 1,107
Failure of the board to pass a resolution during that time period 1,108
shall be considered approval of the agreement, plan, or decision. 1,109
An agreement, plan, or decision for which a statement is 1,111
required to be submitted to the board shall be implemented only 1,112
if it is approved by the board. 1,113
(C) Each county shall develop a county service 1,116
coordination mechanism. The mechanism shall be developed and 1,118
approved with the participation of the county entities 1,119
representing child welfare; mental retardation and developmental 1,120
disabilities; alcohol, drug addiction, and mental health 1,121
services; health; juvenile judges; education; the county family 1,122
and children first council; and the county early intervention 1,124
collaborative established pursuant to the federal early 1,125
28
intervention program operated under the "Education of the 1,126
Handicapped Act Amendments of 1986." The county shall establish 1,128
an implementation schedule for the mechanism. The cabinet
council may monitor the implementation and administration of each 1,129
county's service coordination mechanism. 1,130
Each mechanism shall include all of the following: 1,134
(1) A procedure for assessing the needs of any child, 1,136
including a child who is an abused, neglected, dependent, unruly, 1,137
or delinquent child and under the jurisdiction of the juvenile 1,138
court or a child whose parent or custodian is voluntarily seeking 1,139
services; 1,140
(2) A procedure for assessing the service needs of the 1,142
family of any child, including a child who is an abused, 1,143
neglected, dependent, unruly, or delinquent child and under the 1,144
jurisdiction of the juvenile court or a child whose parent or 1,145
custodian is voluntarily seeking services; 1,146
(3) A procedure for development of a comprehensive joint 1,148
service plan designating service responsibilities among the 1,151
various state and local agencies that provide services to 1,152
children and their families, including children who are abused, 1,153
neglected, dependent, unruly, or delinquent children and under 1,154
the jurisdiction of the juvenile court and children whose parents 1,155
or custodians are voluntarily seeking services;
(4) A local dispute resolution process to serve as the 1,158
process that must be used first to resolve disputes among the 1,159
agencies represented on the county council concerning the 1,160
provision of services to children, including children who are 1,163
abused, neglected, dependent, unruly, or delinquent children and 1,164
under the jurisdiction of the juvenile court and children whose 1,165
parents or custodians are voluntarily seeking services. The 1,166
local dispute resolution process shall comply with section 121.38 1,168
of the Revised Code. The cabinet council shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing an 1,169
administrative review process to address problems that arise 1,171
29
concerning the operation of a local dispute resolution process. 1,172
Sec. 121.40. (A) There is hereby created the governor's 1,181
community service council consisting of twenty-one members 1,182
including the superintendent of public instruction or the 1,183
superintendent's designee, the chancellor of the Ohio board of 1,184
regents or the chancellor's designee, the director of natural 1,185
resources or the director's designee, the director of youth 1,186
services or the director's designee, the director of aging or the 1,188
director's designee, the director of human JOB AND FAMILY
services or the director's designee, the chairperson of the 1,191
committee of the house of representatives dealing with education 1,192
or the chairperson's designee, the chairperson of the committee 1,193
of the senate dealing with education or the chairperson's 1,194
designee, and thirteen members who shall be appointed by the 1,196
governor with the advice and consent of the senate and who shall 1,197
serve terms of office of three years. The appointees shall 1,198
include educators, including teachers and administrators;
representatives of youth organizations; students and parents; 1,199
representatives of organizations engaged in volunteer program 1,200
development and management throughout the state, including youth 1,201
and conservation programs; and representatives of business, 1,202
government, nonprofit organizations, social service agencies, 1,203
veterans organizations, religious organizations, or 1,204
philanthropies that support or encourage volunteerism within the 1,205
state. Members of the council shall receive no compensation, but 1,206
shall be reimbursed for actual and necessary expenses incurred in 1,208
the performance of their official duties.
(B) The council shall appoint an executive director for 1,210
the council, who shall be in the unclassified civil service. The 1,212
executive director shall supervise the council's activities and 1,213
report to the council on the progress of those activities. The 1,215
executive director shall do all things necessary for the 1,216
efficient and effective implementation of the duties of the 1,217
council.
30
The responsibilities assigned to the executive director do 1,219
not relieve the members of the council from final responsibility 1,220
for the proper performance of the requirements of this division. 1,221
(C) The council or its designee shall do all of the 1,225
following:
(1) Employ, promote, supervise, and remove all employees 1,228
as needed in connection with the performance of its duties under 1,230
this section and may assign duties to those employees as
necessary to achieve the most efficient performance of its 1,231
functions, and to that end may establish, change, or abolish 1,232
positions, and assign and reassign duties and responsibilities of 1,233
any employee of the council. Personnel employed by the council 1,234
who are subject to Chapter 4117. of the Revised Code shall retain 1,236
all of their rights and benefits conferred pursuant to that 1,237
chapter. Nothing in this chapter shall be construed as 1,238
eliminating or interfering with Chapter 4117. of the Revised Code 1,240
or the rights and benefits conferred under that chapter to public 1,241
employees or to any bargaining unit. 1,242
(2) Maintain its office in Columbus, and may hold sessions 1,245
at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary 1,247
to house the council, its employees, and files and records under 1,248
its control, and to discharge any duty imposed upon it by law. 1,249
The expense of these acquisitions shall be audited and paid for 1,250
in the same manner as other state expenses. For that purpose, 1,251
the council shall prepare and submit to the office of budget and
management a budget for each biennium according to sections 1,252
101.532 and 107.03 of the Revised Code. The budget submitted 1,254
shall cover the costs of the council and its staff in the 1,255
discharge of any duty imposed upon the council by law. The 1,256
council shall not delegate any authority to obligate funds. 1,257
(4) Pay its own payroll and other operating expenses from 1,259
line items designated by the general assembly; 1,260
(5) Retain its fiduciary responsibility as appointing 1,262
31
authority. Any transaction instructions shall be certified by 1,263
the appointing authority or its designee. 1,264
(6) Establish the overall policy and management of the 1,266
council in accordance with this chapter; 1,267
(7) Assist in coordinating and preparing the state 1,269
application for funds under sections 101 to 184 of the "National 1,270
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 1,271
U.S.C.A. 12411 to 12544, and amendments thereto, assist in 1,272
administering and overseeing the "National and Community Service 1,273
Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the 1,274
americorps program in this state, and assist in developing 1,275
objectives for a comprehensive strategy to encourage and expand 1,276
community service programs throughout the state;
(8) Assist the state board of education, school districts, 1,278
the board of regents, and institutions of higher education in 1,279
coordinating community service education programs through 1,280
cooperative efforts between institutions and organizations in the 1,281
public and private sectors; 1,282
(9) Assist the departments of natural resources, youth 1,284
services, aging, and human JOB AND FAMILY services in 1,285
coordinating community service programs through cooperative 1,287
efforts between institutions and organizations in the public and 1,288
private sectors;
(10) Suggest individuals and organizations that are 1,290
available to assist school districts, institutions of higher 1,291
education, and the departments of natural resources, youth 1,292
services, aging, and human JOB AND FAMILY services in the 1,293
establishment of community service programs and assist in 1,295
investigating sources of funding for implementing such programs; 1,296
(11) Assist in evaluating the state's efforts in providing 1,298
community service programs using standards and methods that are 1,299
consistent with any statewide objectives for such programs and 1,300
provide information to the state board of education, school 1,301
districts, the board of regents, institutions of higher 1,302
32
education, and the departments of natural resources, youth 1,303
services, aging, and human JOB AND FAMILY services to guide them 1,304
in making decisions about these programs; 1,306
(12) Assist the state board of education in complying with 1,308
section 3301.70 of the Revised Code and the board of regents in 1,309
complying with division (B)(2) of section 3333.043 of the Revised 1,310
Code. 1,311
(D) The department of aging shall serve as the council's 1,313
fiscal agent. Beginning on July 1, 1997, whenever reference is 1,314
made in any law, contract, or document to the functions of the 1,315
department of youth services as fiscal agent to the council, the 1,316
reference shall be deemed to refer to the department of aging. 1,317
The department of aging shall have no responsibilty
RESPONSIBILITY for or obligation to the council prior to July 1, 1,319
1997. Any validation, cure, right, privilege, remedy, 1,320
obligation, or liability shall be retained by the council.
As used in this section, "fiscal agent" means technical 1,322
support and includes the following technical support services: 1,323
(1) Preparing and processing payroll and other personnel 1,325
documents that the council executes as the appointing authority. 1,326
The department of aging shall not approve any payroll or other 1,327
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account 1,329
balances, and monitoring budgets and allotment plans in 1,330
consultation with the council. The department shall not approve 1,331
any biennial budget, grant, expenditure, audit, or fiscal-related 1,332
document.
(3) Performing other routine support services that the 1,334
director of aging or the director's designee and the council or 1,335
its designee consider appropriate to achieve efficiency. 1,336
(E) The council or its designee has the following 1,338
authority and responsibility relative to fiscal matters: 1,339
(1) Sole authority to draw funds for any and all federal 1,341
programs in which the council is authorized to participate; 1,342
33
(2) Sole authority to expend funds from their accounts for 1,344
programs and any other necessary expenses the council may incur 1,345
and its subgrantees may incur;
(3) Responsibility to cooperate with and inform the 1,347
department of aging as fiscal agent to ensure that the department 1,348
is fully apprised of all financial transactions. 1,349
The council shall follow all state procurement 1,351
requirements.
The department of aging shall determine fees to be charged 1,353
to the council, which shall be in proportion to the services 1,354
performed for the council.
The council shall pay fees owed to the department of aging 1,356
from a general revenue fund of the council or from any other fund 1,357
from which the operating expenses of the council are paid. Any 1,358
amounts set aside for a fiscal year for the payment of such fees 1,359
shall be used only for the services performed for the council by 1,360
the department of aging in that fiscal year.
Sec. 122.16. (A) As used in this section: 1,369
(1) "Distressed area" means either a municipal corporation 1,371
that has a population of at least fifty thousand or a county, 1,372
that meets two of the following criteria: 1,373
(a) Its average rate of unemployment, during the most 1,376
recent five-year period for which data are available, is equal to 1,377
at least one hundred twenty-five per cent of the average rate of 1,378
unemployment for the United States for the same period. 1,380
(b) It has a per capita income equal to or below eighty 1,383
per cent of the median county per capita income of the United 1,384
States as determined by the most recently available figures from 1,386
the United States census bureau. 1,388
(c)(i) In the case of a municipal corporation, at least 1,391
twenty per cent of the residents have a total income for the most 1,392
recent census year that is below the official poverty line. 1,393
(ii) In the case of a county, in intercensal years, the 1,396
county has a ratio of transfer payment income to total county 1,397
34
income equal to or greater than twenty-five per cent. 1,398
(2) "Eligible area" means a distressed area, a labor 1,401
surplus area, an inner city area, or a situational distress area. 1,403
(3) "Eligible costs associated with a voluntary action" 1,405
means costs incurred during the qualifying period in performing a 1,406
remedy or remedial activities, as defined in section 3746.01 of 1,407
the Revised Code, and any costs incurred during the qualifying 1,409
period in performing both a phase I and phase II property 1,411
assessment, as defined in the rules adopted under section 3746.04 1,412
of the Revised Code, provided that the performance of the phase I 1,414
and phase II property assessment resulted in the implementation 1,416
of the remedy or remedial activities.
(4) "Inner city area" means, in a municipal corporation 1,418
that has a population of at least one hundred thousand and does 1,419
not meet the criteria of a labor surplus area or a distressed 1,420
area, targeted investment areas established by the municipal 1,421
corporation within its boundaries that are comprised of the most 1,422
recent census block tracts that individually have at least twenty 1,423
per cent of their population at or below the state poverty level 1,424
or other census block tracts contiguous to such census block 1,426
tracts.
(5) "Labor surplus area" means an area designated as a 1,428
labor surplus area by the United States department of labor. 1,430
(6) "Official poverty line" has the same meaning as in 1,432
division (A) of section 3923.51 of the Revised Code. 1,435
(7) "Partner" includes a member of a limited liability 1,437
company formed under Chapter 1705. of the Revised Code or under 1,440
the laws of any other state if the limited liability company is 1,441
not treated as a corporation for purposes of Chapter 5733. of the 1,442
Revised Code and is not classified as an association taxable as a 1,443
corporation for federal income tax purposes. 1,444
(8) "Partnership" includes a limited liability company 1,446
formed under Chapter 1705. of the Revised Code or under the laws 1,449
of any other state if the limited liability company is not 1,450
35
treated as a corporation for purposes of Chapter 5733. of the 1,451
Revised Code and is not classified as an association taxable as a 1,452
corporation for federal income tax purposes. 1,453
(9) "Qualifying period" means the period that begins July 1,456
1, 1996, and ends June 30, 1999.
(10) "S corporation" means a corporation that has made an 1,459
election under subchapter S of chapter one of subtitle A of the 1,460
Internal Revenue Code for its taxable year under the Internal 1,462
Revenue Code;
(11) "Situational distress area" means a county or a 1,464
municipal corporation that has experienced or is experiencing a 1,465
closing or downsizing of a major employer that will adversely 1,466
affect the economy of the county or municipal corporation. In 1,467
order for a county or municipal corporation to be designated as a 1,468
situational distress area, the governing body of the county or 1,470
municipal corporation shall submit a petition to the director of 1,471
development in the form prescribed by the director. A county or 1,472
municipal corporation may be designated as a situational distress 1,473
area for a period not exceeding thirty-six months. 1,474
The petition shall include written documentation that 1,477
demonstrates all of the following: 1,478
(a) The number of jobs lost by the closing or downsizing; 1,480
(b) The impact that the job loss has on the unemployment 1,483
rate of the county or municipal corporation as measured by the 1,484
bureau DIRECTOR of employment JOB AND FAMILY services; 1,485
(c) The annual payroll associated with the job loss; 1,488
(d) The amount of state and local taxes associated with 1,491
the job loss;
(e) The impact that the closing or downsizing has on the 1,494
suppliers located in the county or municipal corporation. 1,495
(12) "Voluntary action" has the same meaning as in section 1,497
3746.01 of the Revised Code. 1,499
(13) "Taxpayer" means a corporation subject to the tax 1,501
imposed by section 5733.06 of the Revised Code or any person 1,504
36
subject to the tax imposed by section 5747.02 of the Revised 1,505
Code.
(14) "Governing body" means the board of county 1,507
commissioners of a county, the board of township trustees of a 1,508
township, or the legislative authority of a municipal 1,509
corporation.
(15) "Eligible site" means property for which a covenant 1,511
not to sue has been issued under section 3746.12 of the Revised 1,512
Code.
(B)(1) A taxpayer, partnership, or S corporation that has 1,515
been issued, under section 3746.12 of the Revised Code, a 1,517
covenant not to sue for a site by the director of environmental 1,518
protection during the qualifying period may apply to the director 1,519
of development, in the manner prescribed by the director, to 1,520
enter into an agreement under which the applicant agrees to 1,522
economically redevelop the site in a manner that will create 1,523
employment opportunities and a credit will be granted to the 1,524
applicant against the tax imposed by section 5733.06 or 5747.02 1,525
of the Revised Code. The application shall state the eligible 1,527
costs associated with a voluntary action incurred by the
applicant. The application shall be accompanied by proof, in a 1,530
form prescribed by the director of development, that the covenant 1,531
not to sue has been issued.
The applicant shall request the certified professional that 1,533
submitted the no further action letter for the eligible site 1,534
under section 3746.11 of the Revised Code to submit an affidavit 1,536
to the director of development verifying the eligible costs 1,538
associated with the voluntary action at that site.
The director shall review the applications in the order 1,540
they are received. If the director determines that the applicant 1,541
meets the requirements of this section, the director may enter 1,542
into an agreement granting a credit against the tax imposed by 1,543
section 5733.06 or 5747.02 of the Revised Code. In making the 1,545
determination, the director may consider the extent to which 1,546
37
political subdivisions and other units of government will
cooperate with the applicant to redevelop the eligible site. The 1,548
agreement shall state the amount of the tax credit and the 1,549
reporting requirements described in division (F) of this section. 1,550
(2) The maximum annual amount of credits the director of 1,552
development may grant under such agreements shall be as follows: 1,554
1996 $5,000,000 1,556
1997 $10,000,000 1,557
1998 $10,000,000 1,558
1999 $5,000,000 1,559
For any year in which the director of development does not 1,562
grant tax credits under this section equal to the maximum annual 1,564
amount, the amount not granted for that year shall be added to 1,566
the maximum annual amount that may be granted for the following
year. However, the director shall not grant any tax credits 1,568
under this section after June 30, 1999. 1,569
(C)(1) If the covenant not to sue was issued in connection 1,571
with a site that is not located in an eligible area, the credit 1,574
amount is equal to the lesser of five hundred thousand dollars or 1,575
ten per cent of the eligible costs associated with a voluntary 1,576
action incurred by the taxpayer, partnership, or S corporation. 1,577
(2) If a covenant not to sue was issued in connection with 1,580
a site that is located in an eligible area, the credit amount is 1,582
equal to the lesser of seven hundred fifty thousand dollars or 1,583
fifteen per cent of the eligible costs associated with a 1,584
voluntary action incurred by the taxpayer, partnership, or S 1,585
corporation.
(3) A taxpayer, partnership, or S corporation that has 1,587
been issued covenants not to sue under section 3746.12 of the 1,589
Revised Code for more than one site may apply to the director of 1,591
development to enter into more than one agreement granting a
credit against the tax imposed by section 5733.06 or 5747.02 of 1,593
the Revised Code. 1,594
(4) For each year for which a taxpayer, partnership, or S 1,597
38
corporation has been granted a credit under an agreement entered 1,598
into under this section, the director of development shall issue 1,600
a certificate to the taxpayer, partnership, or S corporation 1,601
indicating the amount of the credit the taxpayer, the partners of 1,602
the partnership, or the shareholders of the S corporation may 1,604
claim for that year, not including any amount that may be carried 1,605
forward from previous years under section 5733.34 or 5747.32 of
the Revised Code. 1,607
(D)(1) Each agreement entered into under this section 1,610
shall incorporate a commitment by the taxpayer, partnership, or S 1,612
corporation not to permit the use of an eligible site to cause 1,613
the relocation of employment positions to that site from 1,614
elsewhere in this state, except as otherwise provided in division 1,615
(D)(2) of this section. The commitment shall be binding on the 1,617
taxpayer, partnership, or S corporation for the lesser of five 1,618
years from the date the agreement is entered into or the number 1,620
of years the taxpayer, partnership, or S corporation is entitled 1,621
to claim the tax credit under the agreement. 1,622
(2) An eligible site may be the site of employment 1,624
positions relocated from elsewhere in this state if the director 1,626
of development determines both of the following: 1,627
(a) That the site from which the employment positions 1,629
would be relocated is inadequate to meet market and industry 1,631
conditions, expansion plans, consolidation plans, or other 1,632
business considerations affecting the relocating employer; 1,633
(b) That the governing body of the county, township, or 1,635
municipal corporation from which the employment positions would 1,636
be relocated has been notified of the possible relocation. 1,638
For purposes of this section, the movement of an employment 1,641
position from one political subdivision to another political 1,642
subdivision shall be considered a relocation of an employment 1,643
position, but the transfer of an individual employee from one 1,644
political subdivision to another political subdivision shall not 1,645
be considered a relocation of an employment position as long as 1,646
39
the individual's employment position in the first political 1,647
subdivision is refilled.
(E) A taxpayer, partnership, or S corporation that has 1,650
entered into an agreement granting a credit against the tax 1,651
imposed by section 5733.06 or 5747.02 of the Revised Code that 1,653
subsequently recovers in a lawsuit or settlement of a lawsuit at 1,655
least seventy-five per cent of the eligible costs associated with 1,656
a voluntary action shall not claim any credit amount remaining, 1,657
including any amounts carried forward from prior years, beginning 1,658
with the taxable year in which the judgment in the lawsuit is 1,659
entered or the settlement is finally agreed to.
Any amount of credit that a taxpayer, partnership, or S 1,662
corporation may not claim by reason of this division shall not be 1,663
considered to have been granted for the purpose of determining 1,664
the total amount of credits that may be issued under division
(B)(2) of this section. 1,665
(F) Each year for which a taxpayer, partnership, or S 1,668
corporation claims a credit under section 5733.34 or 5747.32 of 1,669
the Revised Code, the taxpayer, partnership, or S corporation 1,671
shall report the following to the director of development: 1,672
(1) The status of all cost recovery litigation described 1,674
in division (E) of this section to which it was a party during 1,676
the previous year;
(2) Confirmation that the covenant not to sue has not been 1,678
revoked or has not been voided; 1,679
(3) Confirmation that the taxpayer, partnership, or S 1,682
corporation has not permitted the eligible site to be used in 1,683
such a manner as to cause the relocation of employment positions 1,684
from elsewhere in this state in violation of the commitment 1,685
required under division (D) of this section; 1,686
(4) Any other information the director of development 1,688
requires to perform the director's duties under this section. 1,689
(G) The director of development shall annually certify, by 1,692
the first day of January of each year during the qualifying 1,694
40
period, the eligible areas for the calendar year that includes 1,696
that first day of January. 1,697
(H) The director of development, in accordance with 1,700
Chapter 119. of the Revised Code, shall adopt rules necessary to 1,701
implement this section, including rules prescribing forms 1,702
required for administering this section. 1,703
Sec. 122.19. As used in sections 122.19 to 122.22 of the 1,712
Revised Code: 1,713
(A) "Distressed area" means either a municipal corporation 1,715
that has a population of at least fifty thousand or a county, 1,716
that meets at least two of the following criteria of economic 1,717
distress:
(1) Its average rate of unemployment, during the most 1,719
recent five-year period for which data are available, is equal to 1,720
at least one hundred twenty-five per cent of the average rate of 1,721
unemployment for the United States for the same period. 1,722
(2) It has a per capita income equal to or below eighty 1,724
per cent of the median county per capita income of the United 1,725
States as determined by the most recently available figures from 1,726
the United States census bureau. 1,727
(3)(a) In the case of a municipal corporation, at least 1,729
twenty per cent of the residents have a total income for the most 1,730
recent census year that is below the official poverty line. 1,731
(b) In the case of a county, in intercensal years, the 1,733
county has a ratio of transfer payment income to total county 1,734
income equal to or greater than twenty-five per cent. 1,735
(B) "Eligible applicant" means any of the following that 1,737
are designated by the legislative authority of a county, 1,738
township, or municipal corporation as provided in division (B)(1) 1,739
of section 122.22 of the Revised Code: 1,740
(1) A port authority as defined in division (A) of section 1,742
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,743
(2) A community improvement corporation as described in 1,745
section 1724.01 of the Revised Code; 1,746
41
(3) A community-based organization or action group that 1,748
provides social services and has experience in economic 1,749
development;
(4) Any other nonprofit economic development entity; 1,751
(5) A county, township, or municipal corporation if it 1,753
designates itself. 1,754
(C) "Eligible area" means a distressed area, a labor 1,756
surplus area, an inner city area, or a situational distress area, 1,757
as designated annually by the director of development under 1,758
division (A) of section 122.21 of the Revised Code. 1,759
(D) "Governing body" means, in the case of a county, the 1,761
board of county commissioners; in the case of a municipal 1,762
corporation, the legislative authority; and in the case of a 1,763
township, the board of township trustees. 1,764
(E) "Infrastructure improvements" includes site 1,766
preparation, including building demolition and removal; retention 1,767
ponds and flood and drainage improvements; streets, roads, 1,768
bridges, and traffic control devices; parking lots and 1,769
facilities; water and sewer lines and treatment plants; gas, 1,770
electric, and telecommunications hook-ups; and waterway and 1,771
railway access improvements. 1,772
(F) "Inner city area" means, in a municipal corporation 1,774
that has a population of at least one hundred thousand and does 1,775
not meet the criteria of a labor surplus area or a distressed 1,776
area, targeted investment areas established by the municipal 1,777
corporation within its boundaries that are comprised of the most 1,778
recent census block tracts that individually have at least twenty 1,779
per cent of their population at or below the state poverty level, 1,780
or other census block tracts contiguous to such census block 1,781
tracts.
(G) "Labor surplus area" means an area designated as a 1,783
labor surplus area by the United States department of labor. 1,784
(H) "Official poverty line" has the same meaning as in 1,786
division (A) of section 3923.51 of the Revised Code. 1,787
42
(I) "Redevelopment plan" means a plan that includes all of 1,789
the following: a plat; a land use description; identification of 1,790
all utilities and infrastructure needed to develop the property, 1,791
including street connections; highway, rail, air, or water 1,792
access; utility connections; water and sewer treatment 1,793
facilities; storm drainage; and parking, and any other elements 1,794
required by a rule adopted by the director of development under 1,795
division (B) of section 122.21 of the Revised Code. 1,796
(J) "Situational distress area" means a county or a 1,798
municipal corporation that has experienced or is experiencing a 1,799
closing or downsizing of a major employer that will adversely 1,800
affect the county's or municipal corporation's economy. In order 1,801
to be designated as a situational distress area for a period not 1,802
to exceed thirty-six months, the county or municipal corporation 1,803
may petition the director of development. The petition shall 1,804
include documentation that demonstrates all of the following: 1,805
(1) The number of jobs lost by the closing or downsizing; 1,807
(2) The impact that the job loss has on the county's or 1,809
municipal corporation's unemployment rate as measured by the Ohio 1,810
bureau DEPARTMENT of employment JOB AND FAMILY services; 1,812
(3) The annual payroll associated with the job loss; 1,814
(4) The amount of state and local taxes associated with 1,816
the job loss; 1,817
(5) The impact that the closing or downsizing has on the 1,819
suppliers located in the county or municipal corporation. 1,820
Sec. 122.23. As used in sections 122.23 to 122.27 of the 1,829
Revised Code:
(A) "Distressed area" means a county with a population of 1,831
less than one hundred twenty-five thousand that meets at least 1,832
two of the following criteria of economic distress: 1,833
(1) Its average rate of unemployment, during the most 1,835
recent five-year period for which data are available, is equal to 1,837
at least one hundred twenty-five per cent of the average rate of 1,838
unemployment for the United States for the same period.
43
(2) It has a per capita income equal to or below eighty 1,840
per cent of the median county per capita income of the United 1,842
States as determined by the most recently available figures from
the United States census bureau. 1,843
(3) In intercensal years, the county has a ratio of 1,845
transfer payment income to total county income equal to or 1,846
greater than twenty-five per cent.
(B) "Eligible applicant" means any of the following that 1,849
is designated by the governing body of an eligible area as 1,850
provided in division (B)(1) of section 122.27 of the Revised 1,851
Code:
(1) A port authority as defined in division (A) of section 1,853
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,854
(2) A community improvement corporation as defined in 1,856
section 1724.01 of the Revised Code; 1,857
(3) A community-based organization or action group that 1,859
provides social services and has experience in economic 1,860
development;
(4) Any other nonprofit economic development entity; 1,862
(5) A private developer that previously has not received 1,864
financial assistance under section 122.24 of the Revised Code and 1,866
that has experience and a successful history in industrial 1,867
development.
(C) "Eligible area" means a distressed area, a labor 1,870
surplus area, or a situational distress area, as designated 1,871
annually by the director of development pursuant to division (A) 1,872
of section 122.25 of the Revised Code.
(D) "Labor surplus area" means an area designated as a 1,874
labor surplus area by the United States department of labor. 1,875
(E) "Official poverty line" has the same meaning as in 1,877
division (A) of section 3923.51 of the Revised Code. 1,878
(F) "Situational distress area" means a county that has a 1,880
population of less than one hundred twenty-five thousand persons, 1,881
or a municipal corporation in such a county, that has experienced 1,882
44
or is experiencing a closing or downsizing of a major employer 1,884
that will adversely affect the county's or municipal
corporation's economy. In order to be designated as a 1,885
situational distress area for a period not to exceed thirty-six 1,886
months, the county or municipal corporation may petition the 1,887
director of development. The petition shall include 1,888
documentation that demonstrates all of the following: 1,889
(1) The number of jobs lost by the closing or downsizing; 1,892
(2) The impact that the job loss has on the county's or 1,894
municipal corporation's unemployment rate as measured by the Ohio 1,896
bureau DIRECTOR of employment JOB AND FAMILY services; 1,897
(3) The annual payroll associated with the job loss; 1,899
(4) The amount of state and local taxes associated with 1,901
the job loss; 1,902
(5) The impact that the closing or downsizing has on the 1,904
suppliers located in the rural county or municipal corporation. 1,905
(G) "Governing body" means, in the case of a county, the 1,908
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a 1,909
township, the board of township trustees. 1,910
(H) "Infrastructure improvements" includes site 1,913
preparation, including building demolition and removal; retention 1,914
ponds and flood and drainage improvements; streets, roads, 1,915
bridges, and traffic control devices; parking lots and
facilities; water and sewer lines and treatment plants; gas, 1,916
electric, and telecommunications hook-ups; and waterway and 1,917
railway access improvements.
(I) "Private developer" means any individual, firm, 1,919
corporation, or entity, other than a nonprofit entity, limited 1,920
profit entity, or governmental entity. 1,921
Sec. 123.01. (A) The department of administrative 1,930
services, in addition to those powers enumerated in Chapters 124. 1,931
and 125. of the Revised Code, and as provided elsewhere by law, 1,932
shall exercise the following powers: 1,933
45
(1) To prepare, or contract to be prepared, by licensed 1,935
engineers or architects, surveys, general and detailed plans, 1,936
specifications, bills of materials, and estimates of cost for any 1,937
projects, improvements, or public buildings to be constructed by 1,938
state agencies that may be authorized by legislative 1,939
appropriations or any other funds made available therefor, 1,940
provided that the construction of the projects, improvements, or 1,941
public buildings is a statutory duty of the department. This 1,942
section does not require the independent employment of an 1,943
architect or engineer as provided by section 153.01 of the 1,944
Revised Code in the cases to which that section applies nor 1,945
affect or alter the existing powers of the director of 1,946
transportation. 1,947
(2) To have general supervision over the construction of 1,949
any projects, improvements, or public buildings constructed for a 1,950
state agency and over the inspection of materials previous to 1,951
their incorporation into those projects, improvements, or 1,952
buildings; 1,953
(3) To make contracts for and supervise the construction 1,955
of any projects and improvements or the construction and repair 1,956
of buildings under the control of a state agency, except 1,957
contracts for the repair of buildings under the management and 1,958
control of the departments of public safety, human JOB AND FAMILY 1,960
services, mental health, mental retardation and developmental 1,961
disabilities, rehabilitation and correction, and youth services, 1,962
the bureau of workers' compensation, the bureau of employment 1,963
services, the rehabilitation services commission, and boards of 1,965
trustees of educational and benevolent institutions. These 1,966
contracts shall be made and entered into by the directors of 1,967
public safety, human JOB AND FAMILY services, mental health, 1,969
mental retardation and developmental disabilities, rehabilitation 1,970
and correction, and youth services, the administrator of workers' 1,971
compensation, the administrator of the bureau of employment 1,972
services, the rehabilitation services commission, and the boards 1,973
46
of trustees of such institutions, respectively. All such 1,974
contracts may be in whole or in part on unit price basis of 1,975
maximum estimated cost, with payment computed and made upon 1,976
actual quantities or units. 1,977
(4) To prepare and suggest comprehensive plans for the 1,979
development of grounds and buildings under the control of a state 1,980
agency; 1,981
(5) To acquire, by purchase, gift, devise, lease, or 1,983
grant, all real estate required by a state agency, in the 1,984
exercise of which power the department may exercise the power of 1,985
eminent domain, in the manner provided by sections 163.01 to 1,986
163.22 of the Revised Code; 1,987
(6) To make and provide all plans, specifications, and 1,989
models for the construction and perfection of all systems of 1,990
sewerage, drainage, and plumbing for the state in connection with 1,991
buildings and grounds under the control of a state agency; 1,992
(7) To erect, supervise, and maintain all public monuments 1,994
and memorials erected by the state, except where the supervision 1,995
and maintenance is otherwise provided by law; 1,996
(8) To procure, by lease, storage accommodations for a 1,998
state agency; 1,999
(9) To lease or grant easements or licenses for 2,001
unproductive and unused lands or other property under the control 2,002
of a state agency. Such leases, easements, or licenses shall be 2,003
granted for a period not to exceed fifteen years and shall be 2,004
executed for the state by the director of administrative services 2,005
and the governor and shall be approved as to form by the attorney 2,006
general, provided that leases, easements, or licenses may be 2,007
granted to any county, township, municipal corporation, port 2,008
authority, water or sewer district, school district, library 2,009
district, health district, park district, soil and water 2,010
conservation district, conservancy district, or other political 2,011
subdivision or taxing district, or any agency of the United 2,012
States government, for the exclusive use of that agency, 2,013
47
political subdivision, or taxing district, without any right of 2,014
sublease or assignment, for a period not to exceed fifteen years, 2,015
and provided that the director shall grant leases, easements, or 2,016
licenses of university land for periods not to exceed twenty-five 2,017
years for purposes approved by the respective university's board 2,018
of trustees wherein the uses are compatible with the uses and 2,019
needs of the university and may grant leases of university land 2,020
for periods not to exceed forty years for purposes approved by 2,021
the respective university's board of trustees pursuant to section 2,022
123.77 of the Revised Code. 2,023
(10) To lease office space in buildings for the use of a 2,025
state agency; 2,026
(11) To have general supervision and care of the 2,028
storerooms, offices, and buildings leased for the use of a state 2,029
agency; 2,030
(12) To exercise general custodial care of all real 2,032
property of the state; 2,033
(13) To assign and group together state offices in any 2,035
city in the state and to establish, in cooperation with the state 2,036
agencies involved, rules governing space requirements for office 2,037
or storage use; 2,038
(14) To lease for a period not to exceed forty years, 2,040
pursuant to a contract providing for the construction thereof 2,041
under a lease-purchase plan, buildings, structures, and other 2,042
improvements for any public purpose, and, in conjunction 2,043
therewith, to grant leases, easements, or licenses for lands 2,044
under the control of a state agency for a period not to exceed 2,045
forty years. The lease-purchase plan shall provide that at the 2,046
end of the lease period, the buildings, structures, and related 2,047
improvements, together with the land on which they are situated, 2,048
shall become the property of the state without cost. 2,049
(a) Whenever any building, structure, or other improvement 2,051
is to be so leased by a state agency, the department shall retain 2,052
either basic plans, specifications, bills of materials, and 2,053
48
estimates of cost with sufficient detail to afford bidders all 2,054
needed information or, alternatively, all of the following plans, 2,055
details, bills of materials, and specifications: 2,056
(i) Full and accurate plans suitable for the use of 2,058
mechanics and other builders in the improvement; 2,059
(ii) Details to scale and full sized, so drawn and 2,061
represented as to be easily understood; 2,062
(iii) Accurate bills showing the exact quantity of 2,064
different kinds of material necessary to the construction; 2,065
(iv) Definite and complete specifications of the work to 2,067
be performed, together with such directions as will enable a 2,068
competent mechanic or other builder to carry them out and afford 2,069
bidders all needed information; 2,070
(v) A full and accurate estimate of each item of expense 2,072
and of the aggregate cost thereof. 2,073
(b) The department shall give public notice, in such 2,075
newspaper, in such form, and with such phraseology as the 2,076
director of administrative services prescribes, published once 2,077
each week for four consecutive weeks, of the time when and place 2,078
where bids will be received for entering into an agreement to 2,079
lease to a state agency a building, structure, or other 2,080
improvement. The last publication shall be at least eight days 2,081
preceding the day for opening the bids. The bids shall contain 2,082
the terms upon which the builder would propose to lease the 2,083
building, structure, or other improvement to the state agency. 2,084
The form of the bid approved by the department shall be used, and 2,085
a bid is invalid and shall not be considered unless that form is 2,086
used without change, alteration, or addition. Before submitting 2,087
bids pursuant to this section, any builder shall comply with 2,088
Chapter 153. of the Revised Code. 2,089
(c) On the day and at the place named for receiving bids 2,091
for entering into lease agreements with a state agency, the 2,092
director of administrative services shall open the bids and shall 2,093
publicly proceed immediately to tabulate the bids upon duplicate 2,094
49
sheets. No lease agreement shall be entered into until the 2,095
bureau of workers' compensation has certified that the person to 2,096
be awarded the lease agreement has complied with Chapter 4123. of 2,097
the Revised Code, until, if the builder submitting the lowest and 2,098
best bid is a foreign corporation, the secretary of state has 2,099
certified that the corporation is authorized to do business in 2,100
this state, until, if the builder submitting the lowest and best 2,101
bid is a person nonresident of this state, the person has filed 2,102
with the secretary of state a power of attorney designating the 2,103
secretary of state as its agent for the purpose of accepting 2,104
service of summons in any action brought under Chapter 4123. of 2,105
the Revised Code, and until the agreement is submitted to the 2,106
attorney general and the attorney general's approval is certified 2,107
thereon. Within thirty days after the day on which the bids are 2,109
received, the department shall investigate the bids received and 2,110
shall determine that the bureau and the secretary of state have 2,111
made the certifications required by this section of the builder 2,112
who has submitted the lowest and best bid. Within ten days of 2,113
the completion of the investigation of the bids, the department 2,114
shall award the lease agreement to the builder who has submitted 2,115
the lowest and best bid and who has been certified by the bureau 2,116
and secretary of state as required by this section. If bidding 2,117
for the lease agreement has been conducted upon the basis of 2,118
basic plans, specifications, bills of materials, and estimates of 2,119
costs, upon the award to the builder the department, or the 2,120
builder with the approval of the department, shall appoint an 2,121
architect or engineer licensed in this state to prepare such 2,122
further detailed plans, specifications, and bills of materials as 2,123
are required to construct the building, structure, or 2,124
improvement. The department shall adopt such rules as are 2,125
necessary to give effect to this section. The department may 2,126
reject any bid. Where there is reason to believe there is 2,127
collusion or combination among bidders, the bids of those 2,128
concerned therein shall be rejected. 2,129
50
(15) To acquire by purchase, gift, devise, or grant and to 2,131
transfer, lease, or otherwise dispose of all real property 2,132
required to assist in the development of a conversion facility as 2,133
defined in section 5709.30 of the Revised Code; 2,134
(16) To lease for a period not to exceed forty years, 2,136
notwithstanding any other division of this section, the 2,137
state-owned property located at 408-450 East Town Street, 2,138
Columbus, Ohio, formerly the state school for the deaf, to a 2,139
developer in accordance with this section. "Developer," as used 2,140
in this section, has the same meaning as in section 123.77 of the 2,141
Revised Code. 2,142
Such a lease shall be for the purpose of development of the 2,144
land for use by senior citizens by constructing, altering, 2,145
renovating, repairing, expanding, and improving the site as it 2,146
existed on June 25, 1982. A developer desiring to lease the land 2,147
shall prepare for submission to the department a plan for 2,148
development. Plans shall include provisions for roads, sewers, 2,149
water lines, waste disposal, water supply, and similar matters to 2,150
meet the requirements of state and local laws. The plans shall 2,151
also include provision for protection of the property by 2,152
insurance or otherwise, and plans for financing the development, 2,153
and shall set forth details of the developer's financial 2,154
responsibility. 2,155
The department may employ, as employees or consultants, 2,157
persons needed to assist in reviewing the development plans. 2,158
Those persons may include attorneys, financial experts, 2,159
engineers, and other necessary experts. The department shall 2,160
review the development plans and may enter into a lease if it 2,161
finds all of the following: 2,162
(a) The best interests of the state will be promoted by 2,164
entering into a lease with the developer; 2,165
(b) The development plans are satisfactory; 2,167
(c) The developer has established the developer's 2,169
financial responsibility and satisfactory plans for financing the 2,170
51
development. 2,171
The lease shall contain a provision that construction or 2,173
renovation of the buildings, roads, structures, and other 2,174
necessary facilities shall begin within one year after the date 2,175
of the lease and shall proceed according to a schedule agreed to 2,176
between the department and the developer or the lease will be 2,177
terminated. The lease shall contain such conditions and 2,178
stipulations as the director considers necessary to preserve the 2,179
best interest of the state. Moneys received by the state 2,180
pursuant to this lease shall be paid into the general revenue 2,181
fund. The lease shall provide that at the end of the lease 2,182
period the buildings, structures, and related improvements shall 2,183
become the property of the state without cost. 2,184
(17) To lease to any person any tract of land owned by the 2,186
state and under the control of the department, or any part of 2,187
such a tract, for the purpose of drilling for or the pooling of 2,188
oil or gas. Such a lease shall be granted for a period not 2,189
exceeding forty years, with the full power to contract for, 2,190
determine the conditions governing, and specify the amount the 2,191
state shall receive for the purposes specified in the lease, and 2,192
shall be prepared as in other cases. 2,193
(B) This section and section 125.02 of the Revised Code 2,195
shall not interfere with any of the following: 2,196
(1) The power of the adjutant general to purchase military 2,198
supplies, or with the custody of the adjutant general of property 2,199
leased, purchased, or constructed by the state and used for 2,200
military purposes, or with the functions of the adjutant general 2,201
as director of state armories; 2,202
(2) The power of the director of transportation in 2,204
acquiring rights-of-way for the state highway system, or the 2,205
leasing of lands for division or resident district offices, or 2,206
the leasing of lands or buildings required in the maintenance 2,207
operations of the department of transportation, or the purchase 2,208
of real property for garage sites or division or resident 2,210
52
district offices, or in preparing plans and specifications for 2,211
and constructing such buildings as the director may require in 2,212
the administration of the department; 2,213
(3) The power of the director of public safety and the 2,215
registrar of motor vehicles to purchase or lease real property 2,216
and buildings to be used solely as locations to which a deputy 2,217
registrar is assigned pursuant to division (B) of section 2,218
4507.011 of the Revised Code and from which the deputy registrar 2,219
is to conduct the deputy registrar's business, the power of the 2,220
director of public safety to purchase or lease real property and 2,221
buildings to be used as locations for division or district 2,222
offices as required in the maintenance of operations of the 2,223
department of public safety, and the power of the superintendent 2,224
of the state highway patrol in the purchase or leasing of real 2,225
property and buildings needed by the patrol, to negotiate the 2,226
sale of real property owned by the patrol, to rent or lease real 2,227
property owned or leased by the patrol, and to make or cause to 2,228
be made repairs to all property owned or under the control of the 2,229
patrol;
(4) The power of the division of liquor control in the 2,231
leasing or purchasing of retail outlets and warehouse facilities 2,232
for the use of the division; 2,233
(5) The power of the director of development to enter into 2,235
leases of real property, buildings, and office space to be used 2,236
solely as locations for the state's foreign offices to carry out 2,237
the purposes of section 122.05 of the Revised Code. 2,238
(C) Purchases for, and the custody and repair of, 2,240
buildings under the management and control of the capitol square 2,241
review and advisory board, the rehabilitation services 2,242
commission, the bureau of employment services, the bureau of 2,244
workers' compensation, or the departments of public safety, human 2,246
JOB AND FAMILY services, mental health, mental retardation and 2,247
developmental disabilities, and rehabilitation and correction, 2,248
and buildings of educational and benevolent institutions under 2,249
53
the management and control of boards of trustees, are not subject 2,250
to the control and jurisdiction of the department of 2,251
administrative services. 2,252
(D) Any instrument by which real property is acquired 2,254
pursuant to this section shall identify the agency of the state 2,256
that has the use and benefit of the real property as specified in 2,257
section 5301.012 of the Revised Code.
Sec. 124.11. The civil service of the state and the 2,266
several counties, cities, civil service townships, city health 2,267
districts, general health districts, and city school districts 2,268
thereof shall be divided into the unclassified service and the 2,269
classified service. 2,270
(A) The unclassified service shall comprise the following 2,272
positions, which shall not be included in the classified service, 2,273
and which shall be exempt from all examinations required by this 2,274
chapter: 2,275
(1) All officers elected by popular vote or persons 2,277
appointed to fill vacancies in such offices; 2,278
(2) All election officers as defined in section 3501.01 of 2,280
the Revised Code; 2,281
(3) The members of all boards and commissions, and heads 2,283
of principal departments, boards, and commissions appointed by 2,284
the governor or by and with the governor's consent; and the 2,285
members of all boards and commissions and all heads of 2,286
departments appointed by the mayor, or, if there is no mayor, 2,287
such other similar chief appointing authority of any city or city 2,288
school district; except as otherwise provided in division (A)(17) 2,289
or (C) of this section, this chapter does not exempt the chiefs 2,290
of police departments and chiefs of fire departments of cities or 2,291
civil service townships from the competitive classified service; 2,292
(4) The members of county or district licensing boards or 2,294
commissions and boards of revision, and deputy county auditors; 2,295
(5) All officers and employees elected or appointed by 2,297
either or both branches of the general assembly, and such 2,298
54
employees of the city legislative authority as are engaged in 2,299
legislative duties; 2,300
(6) All commissioned, warrant, and noncommissioned 2,302
officers and enlisted persons in the Ohio organized militia, 2,304
including military appointees in the adjutant general's 2,306
department;
(7)(a) All presidents, business managers, administrative 2,308
officers, superintendents, assistant superintendents, principals, 2,309
deans, assistant deans, instructors, teachers, and such employees 2,310
as are engaged in educational or research duties connected with 2,311
the public school system, colleges, and universities, as 2,312
determined by the governing body of the public school system, 2,313
colleges, and universities; 2,314
(b) The library staff of any library in the state 2,316
supported wholly or in part at public expense. 2,317
(8) Four clerical and administrative support employees for 2,319
each of the elective state officers; and three clerical and 2,320
administrative support employees for other elective officers and 2,321
each of the principal appointive executive officers, boards, or 2,322
commissions, except for civil service commissions, that are 2,323
authorized to appoint such clerical and administrative support 2,324
employees; 2,325
(9) The deputies and assistants of state agencies 2,327
authorized to act for and on behalf of the agency, or holding a 2,328
fiduciary or administrative relation to that agency and those 2,329
persons employed by and directly responsible to elected county 2,330
officials or a county administrator and holding a fiduciary or 2,331
administrative relationship to such elected county officials or 2,332
county administrator, and the employees of such county officials 2,333
whose fitness would be impracticable to determine by competitive 2,335
examination, provided that division (A)(9) of this section shall 2,336
not affect those persons in county employment in the classified 2,337
service as of September 19, 1961. Nothing in division (A)(9) of 2,338
this section applies to any position in a county department of 2,339
55
human JOB AND FAMILY services created pursuant to Chapter 329. of 2,341
the Revised Code. 2,342
(10) Bailiffs, constables, official stenographers, and 2,344
commissioners of courts of record, deputies of clerks of the 2,345
courts of common pleas who supervise, or who handle public moneys 2,346
or secured documents, and such officers and employees of courts 2,347
of record and such deputies of clerks of the courts of common 2,348
pleas as the director of administrative services finds it 2,349
impracticable to determine their fitness by competitive 2,350
examination; 2,351
(11) Assistants to the attorney general, special counsel 2,353
appointed or employed by the attorney general, assistants to 2,354
county prosecuting attorneys, and assistants to city directors of 2,355
law; 2,356
(12) Such teachers and employees in the agricultural 2,358
experiment stations; such students in normal schools, colleges, 2,359
and universities of the state who are employed by the state or a 2,360
political subdivision of the state in student or intern 2,361
classifications; and such unskilled labor positions as the 2,362
director of administrative services or any municipal civil 2,363
service commission may find it impracticable to include in the 2,364
competitive classified service; provided such exemptions shall be 2,365
by order of the commission or the director, duly entered on the 2,366
record of the commission or the director with the reasons for 2,367
each such exemption; 2,368
(13) Any physician or dentist who is a full-time employee 2,370
of the department of mental health or the department of mental 2,371
retardation and developmental disabilities or of an institution 2,372
under the jurisdiction of either department; and physicians who 2,373
are in residency programs at the institutions; 2,374
(14) Up to twenty positions at each institution under the 2,376
jurisdiction of the department of mental health or the department 2,377
of mental retardation and developmental disabilities that the 2,378
department director determines to be primarily administrative or 2,379
56
managerial; and up to fifteen positions in any division of either 2,380
department, excluding administrative assistants to the director 2,381
and division chiefs, which are within the immediate staff of a 2,382
division chief and which the director determines to be primarily 2,383
and distinctively administrative and managerial; 2,384
(15) Noncitizens of the United States employed by the 2,386
state, or its counties or cities, as physicians or nurses who are 2,387
duly licensed to practice their respective professions under the 2,388
laws of Ohio, or medical assistants, in mental, tuberculosis, or 2,389
chronic disease hospitals, or institutions; 2,390
(16) Employees of the governor's office; 2,392
(17) Fire chiefs and chiefs of police in civil service 2,394
townships appointed by boards of township trustees under section 2,395
505.38 or 505.49 of the Revised Code; 2,396
(18) Executive directors, deputy directors, and program 2,398
directors employed by boards of alcohol, drug addiction, and 2,399
mental health services under Chapter 340. of the Revised Code, 2,400
and secretaries of the executive directors, deputy directors, and 2,401
program directors; 2,402
(19) Superintendents, and management employees as defined 2,404
in section 5126.20 of the Revised Code, of county boards of 2,405
mental retardation and developmental disabilities; 2,406
(20) Physicians, nurses, and other employees of a county 2,408
hospital who are appointed pursuant to sections 339.03 and 339.06 2,409
of the Revised Code; 2,410
(21) The executive director of the state medical board, 2,412
who is appointed pursuant to division (B) of section 4731.05 of 2,413
the Revised Code; 2,414
(22) County directors of human JOB AND FAMILY services as 2,416
provided in section 329.02 of the Revised Code and administrators 2,418
appointed under section 329.021 of the Revised Code; 2,419
(23) A director of economic development who is hired 2,421
pursuant to division (A) of section 307.07 of the Revised Code; 2,422
(24) Chiefs of construction and compliance, of operations 2,424
57
and maintenance, and of licensing and certification in the 2,425
division of industrial compliance in the department of commerce; 2,426
(25) The executive director of a county transit system 2,428
appointed under division (A) of section 306.04 of the Revised 2,429
Code;
(26) Up to five positions at each of the administrative 2,431
departments listed in section 121.02 of the Revised Code and at 2,432
the department of taxation, department of the adjutant general, 2,433
department of education, Ohio board of regents, bureau of 2,434
employment services, bureau of workers' compensation, industrial 2,436
commission, state lottery commission, and public utilities 2,437
commission of Ohio that the head of that administrative 2,438
department or of that other state agency determines to be
involved in policy development and implementation. The head of 2,439
the administrative department or other state agency shall set the 2,440
compensation for employees in these positions at a rate that is 2,441
not less than the minimum compensation specified in pay range 41 2,442
but not more than the maximum compensation specified in pay range 2,443
44 of salary schedule E-2 in section 124.152 of the Revised Code. 2,444
The authority to establish positions in the unclassified service 2,445
under division (A)(26) of this section is in addition to and does 2,446
not limit any other authority that an administrative department 2,447
or state agency has under the Revised Code to establish 2,448
positions, appoint employees, or set compensation. 2,449
(27) Employees of the department of agriculture employed 2,451
under section 901.09 of the Revised Code; 2,452
(28) For cities, counties, civil service townships, city 2,454
health districts, general health districts, and city school 2,456
districts, the deputies and assistants of elective or principal 2,457
executive officers authorized to act for and in the place of 2,458
their principals or holding a fiduciary relation to their
principals; 2,459
(29) Employees who receive external interim, intermittent, 2,461
or temporary appointments under division (B) of section 124.30 of 2,462
58
the Revised Code;
(30) Employees appointed to administrative staff positions 2,464
for which an appointing authority is given specific statutory 2,465
authority to set compensation; 2,466
(31) Employees appointed to highway patrol cadet or 2,468
highway patrol cadet candidate classifications. 2,469
(B) The classified service shall comprise all persons in 2,471
the employ of the state and the several counties, cities, city 2,472
health districts, general health districts, and city school 2,473
districts thereof, not specifically included in the unclassified 2,474
service. Upon the creation by the board of trustees of a civil 2,475
service township civil service commission, the classified service 2,476
shall also comprise, except as otherwise provided in division 2,477
(A)(17) or (C) of this section, all persons in the employ of 2,478
civil service township police or fire departments having ten or 2,479
more full-time paid employees. The classified service consists 2,480
of two classes, which shall be designated as the competitive 2,481
class and the unskilled labor class. 2,482
(1) The competitive class shall include all positions and 2,484
employments in the state and the counties, cities, city health 2,485
districts, general health districts, and city school districts 2,486
thereof, and upon the creation by the board of trustees of a 2,487
civil service township of a township civil service commission all 2,488
positions in civil service township police or fire departments 2,489
having ten or more full-time paid employees, for which it is 2,490
practicable to determine the merit and fitness of applicants by 2,491
competitive examinations. Appointments shall be made to, or 2,492
employment shall be given in, all positions in the competitive 2,493
class that are not filled by promotion, reinstatement, transfer, 2,494
or reduction, as provided in this chapter, and the rules of the 2,495
director of administrative services, by appointment from those 2,496
certified to the appointing officer in accordance with this 2,497
chapter. 2,498
(2) The unskilled labor class shall include ordinary 2,500
59
unskilled laborers. Vacancies in the labor class shall be filled 2,501
by appointment from lists of applicants registered by the 2,502
director. The director or the commission, by rule, shall require 2,504
an applicant for registration in the labor class to furnish such 2,505
evidence or take such tests as the director considers proper with 2,506
respect to age, residence, physical condition, ability to labor, 2,507
honesty, sobriety, industry, capacity, and experience in the work 2,508
or employment for which application is made. Laborers who 2,509
fulfill the requirements shall be placed on the eligible list for 2,510
the kind of labor or employment sought, and preference shall be 2,511
given in employment in accordance with the rating received from 2,512
such evidence or in such tests. Upon the request of an 2,513
appointing officer, stating the kind of labor needed, the pay and 2,514
probable length of employment, and the number to be employed, the 2,515
director shall certify from the highest on the list double the 2,516
number to be employed; from this number the appointing officer 2,517
shall appoint the number actually needed for the particular work. 2,518
If more than one applicant receives the same rating, priority in 2,519
time of application shall determine the order in which their 2,520
names shall be certified for appointment. 2,521
(C) A municipal or civil service township civil service 2,523
commission may place volunteer firefighters who are paid on a 2,525
fee-for-service basis in either the classified or the 2,526
unclassified civil service. 2,527
(D) This division does not apply to persons in the 2,529
unclassified service who have the right to resume positions in 2,530
the classified service under sections 4121.121, 5119.071, 2,531
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 2,532
5501.19 of the Revised Code. 2,533
An appointing authority whose employees are paid directly 2,536
by warrant of the auditor of state may appoint a person who holds 2,537
a certified position in the classified service within the 2,538
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 2,541
60
division to a position in the unclassified service shall retain
the right to resume the position and status held by the person in 2,543
the classified service immediately prior to the person's
appointment to the position in the unclassified service, 2,544
regardless of the number of positions the person held in the 2,546
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 2,547
that position in the classified service held previously, as 2,549
certified by the director of administrative services. If the
position the person previously held in the classified service has 2,550
been placed in the unclassified service or is otherwise 2,552
unavailable, the person shall be appointed to a position in the 2,553
classified service within the appointing authority's agency that 2,554
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 2,555
classified service. Service in the position in the unclassified 2,557
service shall be counted as service in the position in the 2,558
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 2,559
When a person is reinstated to a position in the classified 2,561
service as provided in this division, the person is entitled to 2,562
all rights, status, and benefits accruing to the position in the 2,563
classified service during the person's time of service in the
position in the unclassified service. 2,565
Sec. 124.14. (A) The director of administrative services 2,574
shall establish, and may modify or repeal, by rule, a job 2,575
classification plan for all positions, offices, and employments 2,576
the salaries of which are paid in whole or in part by the state. 2,577
The director shall group jobs within a classification so that the 2,578
positions are similar enough in duties and responsibilities to be 2,579
described by the same title, to have the same pay assigned with 2,580
equity, and to have the same qualifications for selection 2,581
applied. The director shall, by rule, assign a classification 2,582
title to each classification within the classification plan. 2,583
61
However, the director shall consider in establishing 2,584
classifications, including classifications with parenthetical 2,585
titles, and assigning pay ranges such factors as duties performed 2,586
only on one shift, special skills in short supply in the labor 2,587
market, recruitment problems, separation rates, comparative 2,588
salary rates, the amount of training required, and other 2,589
conditions affecting employment. The director shall describe the 2,590
duties and responsibilities of the class and establish the 2,591
qualifications for being employed in that position, and shall 2,592
file with the secretary of state a copy of specifications for all 2,593
of the classifications. The director shall file new, additional, 2,594
or revised specifications with the secretary of state before 2,595
being used. The director shall, by rule, assign each 2,596
classification, either on a statewide basis or in particular 2,597
counties or state institutions, to a pay range established under 2,598
section 124.15 or section 124.152 of the Revised Code. The 2,599
director may assign a classification to a pay range on a 2,600
temporary basis for a period of time designated in the rule. The 2,601
director may establish, by rule adopted under Chapter 119. of the 2,602
Revised Code, experimental classification plans for some or all 2,603
employees paid directly by warrant of the auditor of state. The 2,604
administrative rule shall include specifications for each 2,605
classification within the plan and shall specifically address 2,606
compensation ranges, and methods for advancing within the ranges,
for the classifications, which may be assigned to pay ranges 2,607
other than the pay ranges established under section 124.15 or 2,608
124.152 of the Revised Code.
The director may reassign to a proper classification those 2,610
positions that have been assigned to an improper classification. 2,611
If the compensation of an employee in such a reassigned position 2,612
exceeds the maximum rate of pay for the employee's new 2,613
classification, the employee shall be placed in pay step X and 2,614
shall not receive an increase in compensation until the maximum 2,615
rate of pay for that classification exceeds the employee's 2,616
62
compensation.
The director may reassign an exempt employee, as defined in 2,618
section 124.152 of the Revised Code, to a bargaining unit 2,619
classification if the director determines that the bargaining 2,621
unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or 2,622
instruments and contracts negotiated under it, such placements 2,623
are at the director's discretion. 2,624
The director shall, by rule, assign related 2,626
classifications, which form a career progression, to a 2,627
classification series. The director shall, by rule, assign each 2,628
classification in the classification plan a five-digit number, 2,629
the first four digits of which shall denote the classification 2,630
series to which the classification is assigned. When a career 2,631
progression encompasses more than ten classifications, the 2,632
director shall, by rule, identify the additional classifications 2,633
belonging to a classification series. Such additional 2,634
classifications shall be part of the classification series, 2,635
notwithstanding the fact that the first four digits of the number 2,636
assigned to the additional classifications do not correspond to 2,637
the first four digits of the numbers assigned to other 2,638
classifications in the classification series. 2,639
The director shall adopt rules in accordance with Chapter 2,641
119. of the Revised Code for the establishment of a 2,642
classification plan for county agencies that elect not to use the 2,643
services and facilities of a county personnel department. The 2,644
rules shall include a methodology for the establishment of titles 2,645
unique to county agencies, the use of state classification titles 2,646
and classification specifications for common positions, the 2,647
criteria for a county to meet in establishing its own 2,648
classification plan, and the establishment of what constitutes a 2,649
classification series for county agencies. 2,650
(B) Division (A) of this section and sections 124.15 and 2,652
124.152 of the Revised Code do not apply to the following 2,653
63
persons, positions, offices, and employments: 2,654
(1) Elected officials; 2,656
(2) Legislative employees, employees of the legislative 2,658
service commission, employees in the office of the governor, 2,659
employees who are in the unclassified civil service and exempt 2,660
from collective bargaining coverage in the office of the 2,661
secretary of state, auditor of state, treasurer of state, and 2,662
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 2,664
establishes compensation rates under section 5153.12 of the 2,665
Revised Code; 2,666
(4) Any position for which the authority to determine 2,668
compensation is given by law to another individual or entity; 2,669
(5) Employees of the bureau of workers' compensation whose 2,672
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 2,673
Code. 2,674
(C) The director may employ a consulting agency to aid and 2,676
assist the director in carrying out this section. 2,677
(D) When the director proposes to modify a classification 2,679
or the assignment of classes to appropriate pay ranges, the 2,680
director shall send written notice of the proposed rule to the 2,681
appointing authorities of the affected employees thirty days 2,682
before the hearing on the proposed rule. The appointing 2,683
authorities shall notify the affected employees regarding the 2,684
proposed rule. The director shall also send such appointing 2,686
authorities notice of any final rule which is adopted within ten 2,687
days after adoption.
When the director proposes to reclassify any employee so 2,689
that the employee is adversely affected, the director shall give 2,690
to the employee affected and to the employee's appointing 2,692
authority a written notice setting forth the proposed new 2,693
classification, pay range, and salary. Upon the request of any 2,694
classified employee who is not serving in a probationary period, 2,695
64
the director shall perform a job audit to review the 2,696
classification of the employee's position to determine whether 2,697
the position is properly classified. The director shall give to 2,698
the employee affected and to the employee's appointing authority 2,700
a written notice of the director's determination whether or not 2,701
to reclassify the position or to reassign the employee to another 2,702
classification. An employee or appointing authority desiring a 2,703
hearing shall file a written request therefor with the state 2,704
personnel board of review within thirty days after receiving the 2,705
notice. The board shall set the matter for a hearing and notify 2,706
the employee and appointing authority of the time and place of 2,707
the hearing. The employee, appointing authority, or any 2,708
authorized representative of the employee who wishes to submit 2,709
facts for the consideration of the board shall be afforded 2,710
reasonable opportunity to do so. After the hearing, the board 2,711
shall consider anew the reclassification and may order the 2,712
reclassification of the employee and require the director to 2,713
assign the employee to such appropriate classification as the 2,715
facts and evidence warrant. As provided in division (A) of 2,716
section 124.03 of the Revised Code, the board may determine the 2,717
most appropriate classification for the position of any employee 2,718
coming before the board, with or without a job audit. The board 2,720
shall disallow any reclassification or reassignment 2,721
classification of any employee when it finds that changes have 2,722
been made in the duties and responsibilities of any particular 2,723
employee for political, religious, or other unjust reasons. 2,724
(E)(1) Employees of each county department of human JOB 2,726
AND FAMILY services shall be paid a salary or wage established by 2,729
the board of county commissioners. The provisions of section 2,730
124.18 of the Revised Code concerning the standard work week 2,731
apply to employees of county departments of human JOB AND FAMILY 2,732
services. A board of county commissioners may do either of the 2,734
following:
(a) Notwithstanding any other section of the Revised Code, 2,736
65
supplement the sick leave, vacation leave, personal leave, and 2,737
other benefits of any employee of the county department of human 2,738
JOB AND FAMILY services of that county, if the employee is 2,740
eligible for the supplement under a written policy providing for 2,741
the supplement;
(b) Notwithstanding any other section of the Revised Code, 2,743
establish alternative schedules of sick leave, vacation leave, 2,744
personal leave, or other benefits for employees not inconsistent 2,745
with the provisions of a collective bargaining agreement covering 2,746
the affected employees. 2,747
(2) The provisions of division (E)(1) of this section do 2,749
not apply to employees for whom the state employment relations 2,750
board establishes appropriate bargaining units pursuant to 2,751
section 4117.06 of the Revised Code, except in either of the 2,752
following situations: 2,753
(a) The employees for whom the state employment relations 2,755
board establishes appropriate bargaining units elect no 2,756
representative in a board-conducted representation election. 2,757
(b) After the state employment relations board establishes 2,759
appropriate bargaining units for such employees, all employee 2,760
organizations withdraw from a representation election. 2,761
(F) With respect to officers and employees of 2,763
state-supported colleges and universities except for the powers 2,764
and duties of the state personnel board of review, the powers, 2,765
duties, and functions of the department of administrative 2,766
services and the director of administrative services specified in 2,767
this chapter are hereby vested in and assigned to the personnel 2,768
departments of such colleges and universities subject to a 2,769
periodic audit and review by the director to guarantee the 2,770
uniform application of this granting of the director's powers, 2,772
duties, and functions. Upon the determination or finding of the 2,773
misuse or nonuniform application of this authority granted to the 2,774
personnel department of such state-supported colleges and 2,775
universities, the director shall order and direct the personnel 2,776
66
functions of such institution until sections 124.01 to 124.64 of 2,777
the Revised Code have been fully complied with. 2,778
(G)(1) Each board of county commissioners may, by a 2,780
resolution adopted by a majority of its members, establish a 2,781
county personnel department to exercise the powers, duties, and 2,782
functions specified in division (G) of this section. As used in 2,783
division (G) of this section, "county personnel department" means 2,784
a county personnel department established by a board of county 2,785
commissioners under division (G)(1) of this section. 2,786
(2) Each board of county commissioners may, by a 2,788
resolution adopted by a majority of its members, designate the 2,789
county personnel department of the county to exercise the powers, 2,790
duties, and functions of the department of administrative 2,791
services and the director of administrative services specified in 2,792
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 2,793
except for the powers and duties of the state personnel board of 2,794
review, which powers and duties shall not be construed as having 2,795
been modified or diminished in any manner by division (G)(2) of 2,796
this section, with respect to the employees for whom the board of 2,797
county commissioners is the appointing authority or co-appointing 2,798
authority. Upon certification of a copy of the resolution by the 2,799
board to the director, these powers, duties, and functions are 2,800
vested in and assigned to the county personnel department with 2,801
respect to the employees for whom the board of county 2,802
commissioners is the appointing authority or co-appointing 2,803
authority. The certification to the director shall be provided 2,804
not later than one hundred twenty days before the first day of 2,805
July of an odd-numbered year, and, following the certification, 2,806
the powers, duties, and functions specified in sections 124.01 to 2,807
124.64 and Chapter 325. of the Revised Code shall be vested in 2,808
and assigned to the county personnel department on that first day 2,809
of July. Nothing in division (G)(2) of this section shall be 2,810
construed to limit the right of any employee who possesses the 2,811
right of appeal to the state personnel board of review to 2,812
67
continue to possess that right of appeal. 2,813
Any board of county commissioners that has established a 2,815
county personnel department may contract with the department of 2,816
administrative services, another political subdivision, or an 2,817
appropriate public or private entity to provide competitive 2,818
testing services or other appropriate services. 2,819
(3) After the county personnel department of a county has 2,821
assumed the powers, duties, and functions of the department of 2,822
administrative services and the director as described in division 2,823
(G)(2) of this section, any elected official, board, agency, or 2,824
other appointing authority of that county may, upon notification 2,825
to the director, elect to use the services and facilities of the 2,826
county personnel department. Upon the acceptance by the director 2,827
of such notification, the county personnel department shall 2,828
exercise the powers, duties, and functions of the department of 2,829
administrative services and the director as described in division 2,830
(G)(2) of this section with respect to the employees of that 2,831
elected official, board, agency, or other appointing authority. 2,832
The notification to the director shall be provided not later than 2,833
one hundred twenty days before the first day of July of an 2,834
odd-numbered year, and, following the notification, the powers, 2,835
duties, and functions specified in sections 124.01 to 124.64 and 2,836
Chapter 325. of the Revised Code with respect to the employees of 2,837
that elected official, board, agency, or other appointing 2,838
authority shall be vested in and assigned to the county personnel 2,839
department on that first day of July. Except for those employees 2,840
under the jurisdiction of the county personnel department, the 2,841
director shall continue to exercise these powers, duties, and 2,842
functions with respect to employees of the county. 2,843
(4) Each board of county commissioners that has 2,845
established a county personnel department may, by a resolution 2,846
adopted by a majority of its members, disband the county 2,847
personnel department and return to the department of 2,848
administrative services for the administration of sections 124.01 2,849
68
to 124.64 and Chapter 325. of the Revised Code. The board shall, 2,850
not later than one hundred twenty days before the first day of 2,851
July of an odd-numbered year, send the director a certified copy 2,852
of the resolution disbanding the county personnel department. 2,853
All powers, duties, and functions previously vested in and 2,854
assigned to the county personnel department shall return to the 2,855
director on that first day of July. 2,856
(5) Any elected official, board, agency, or appointing 2,858
authority of a county may return to the department of 2,859
administrative services for the administration of sections 124.01 2,860
to 124.64 and Chapter 325. of the Revised Code. The elected 2,861
official, board, agency, or appointing authority shall, not later 2,862
than one hundred twenty days before the first day of July of an 2,863
odd-numbered year, send the director a certified copy of the 2,864
resolution that states its decision. All powers, duties, and 2,865
functions previously vested in and assigned to the county 2,866
personnel department with respect to the employees of that 2,867
elected official, board, agency, or appointing authority shall 2,868
return to the director on that first day of July. 2,869
(6) The director, by rule adopted in accordance with 2,871
Chapter 119. of the Revised Code, shall prescribe criteria and 2,872
procedures for granting to each county personnel department the 2,873
powers, duties, and functions of the department of administrative 2,874
services and the director as described in division (G)(2) of this 2,875
section with respect to the employees of an elected official, 2,876
board, agency, or other appointing authority or co-appointing 2,877
authority. The rules shall cover the following criteria and 2,878
procedures: 2,879
(a) The notification to the department of administrative 2,881
services that an elected official, board, agency, or other 2,882
appointing authority of a county has elected to use the services 2,883
and facilities of the county personnel department; 2,884
(b) A requirement that each county personnel department, 2,886
in carrying out its duties, adhere to merit system principles 2,887
69
with regard to employees of county departments of human JOB AND 2,888
FAMILY services, child support enforcement agencies, and public 2,890
child welfare agencies so that there is no threatened loss of 2,891
federal funding for these agencies, and a requirement that the 2,892
county be financially liable to the state for any loss of federal 2,893
funds due to the action or inaction of the county personnel 2,894
department. The costs associated with audits conducted to 2,895
monitor compliance with division (G)(6)(b) of this section shall 2,896
be borne equally by the department of administrative services and 2,897
the county.
(c) The termination of services and facilities rendered by 2,899
the department of administrative services, to include rate 2,900
adjustments, time periods for termination, and other related 2,901
matters; 2,902
(d) Authorization for the director of administrative 2,904
services to conduct periodic audits and reviews of county 2,905
personnel departments to guarantee the uniform application of 2,906
this granting of the director's powers, duties, and functions. 2,908
The costs of the audits and reviews shall be borne equally by the 2,909
department of administrative services and the county for which 2,910
the services were performed. 2,911
(e) The dissemination of audit findings under division 2,913
(G)(5)(d) of this section, any appeals process relating to 2,914
adverse findings by the department, and the methods whereby the 2,915
county personnel program will revert to the authority of the 2,916
director of administrative services due to misuse or nonuniform 2,917
application of the authority granted to the county under division 2,918
(G)(2) or (3) of this section. 2,919
(H) The director shall establish the rate and method of 2,921
compensation for all employees who are paid directly by warrant 2,922
of the auditor of state and who are serving in positions which 2,923
the director has determined impracticable to include in the state 2,924
job classification plan. This division does not apply to elected 2,925
officials, legislative employees, employees of the legislative 2,926
70
service commission, employees who are in the unclassified civil 2,927
service and exempt from collective bargaining coverage in the 2,928
office of the secretary of state, auditor of state, treasurer of 2,929
state, and attorney general, employees of the courts, employees 2,930
of the bureau of workers' compensation whose compensation the 2,931
administrator of workers' compensation establishes under division 2,932
(B) of section 4121.121 of the Revised Code, or employees of an 2,933
appointing authority authorized by law to fix the compensation of 2,934
those employees. 2,935
(I) The director shall set the rate of compensation for 2,937
all intermittent, interim, seasonal, temporary, emergency, and 2,939
casual employees who are not considered public employees under 2,940
section 4117.01 of the Revised Code. Such employees are not 2,942
entitled to receive employee benefits. This rate of compensation 2,943
shall be equitable in terms of the rate of employees serving in 2,945
the same or similar classifications. This division does not 2,946
apply to elected officials, legislative employees, employees of 2,947
the legislative service commission, employees who are in the 2,948
unclassified civil service and exempt from collective bargaining 2,949
coverage in the office of the secretary of state, auditor of 2,950
state, treasurer of state, and attorney general, employees of the 2,951
courts, employees of the bureau of workers' compensation whose 2,952
compensation the administrator establishes under division (B) of 2,953
section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of 2,954
those employees.
Sec. 124.324. (A) A laid-off employee has the right to 2,963
displace the employee with the fewest retention points in the 2,964
classification from which the employee was laid off or in a lower 2,965
or equivalent classification, in the following order: 2,966
(1) Within the classification from which the employee was 2,968
laid off; 2,969
(2) Within the classification series from which the 2,971
employee was laid off; 2,972
71
(3) Within a classification which has the same or similar 2,974
duties as the classification from which the employee was laid 2,975
off, in accordance with the list published by the director under 2,976
division (B)(2) of section 124.311 of the Revised Code; 2,977
(4) Within the classification the employee held 2,979
immediately prior to holding the classification from which the 2,980
employee was laid off. 2,981
Divisions (A)(3) and (4) of this section shall not apply to 2,983
employees of cities, city health districts, and counties, except 2,984
for employees of county departments of human JOB AND FAMILY 2,985
services. 2,986
A laid-off employee in the classified service has the right 2,988
to displace an employee with the fewest retention points in the 2,989
classification that the laid-off employee held immediately prior 2,990
to holding the classification from which he THE EMPLOYEE was laid 2,992
off, if the laid-off employee was certified in the former 2,993
classification. If a position in that classification does not 2,994
exist, then the employee may displace employees in the 2,995
classification that he THE EMPLOYEE next previously held, and so 2,997
on, subject to the same provisions. The employee may not displace 2,998
employees in a classification if the employee does not meet the 2,999
minimum qualifications of the classification, or if the employee 3,000
held the classification more than five years prior to the date on 3,001
which the employee was laid off, except that failure to meet 3,002
minimum qualifications shall not prevent the employee from 3,003
displacing employees in the classification that he THE EMPLOYEE 3,004
next previously held within that five-year period. 3,006
If, after exercising displacement rights, an employee is 3,008
subject to further layoff action, his THE EMPLOYEE'S displacement 3,010
rights shall be in accordance with the classification from which 3,011
he THE EMPLOYEE was first laid off. 3,012
The director shall verify the calculation of the retention 3,014
points of all employees in an affected classification in 3,015
accordance with section 124.325 of the Revised Code. 3,016
72
(B) Following the order of layoff, an employee laid off in 3,018
the classified civil service shall displace another employee 3,019
within the same appointing authority or independent institution 3,020
and layoff jurisdiction in the following manner: 3,021
(1) Each laid-off employee possessing more retention 3,023
points shall displace the employee with the fewest retention 3,024
points in the next lower classification or successively lower 3,025
classification in the same classification series; except that a 3,026
laid-off provisional employee shall not have the right to 3,027
displace a certified employee; 3,028
(2) Any employee displaced by an employee possessing more 3,030
retention points shall displace the employee with the fewest 3,031
retention points in the next lower classification or successively 3,032
lower classification in the same classification series; except 3,033
that a displaced provisional employee shall not displace a 3,034
certified employee. This process shall continue, if necessary, 3,035
until the employee with the fewest retention points in the lowest 3,036
classification of the classification series of the same 3,037
appointing authority or independent institution has been reached 3,038
and, if necessary, laid off. 3,039
(C) Employees shall notify the appointing authority of 3,041
their intention to exercise their displacement rights, within 3,042
five days after receiving notice of layoff. 3,043
(D) No employee shall displace an employee for whose 3,045
position or classification there exists special minimum 3,046
qualifications, as established by a position description, 3,047
classification specifications, or by bona fide occupational 3,048
qualification, unless the employee desiring to displace another 3,049
employee possesses the requisite minimum qualifications for the 3,050
position or classification. 3,051
(E) If an employee exercising his displacement rights must 3,053
displace an employee in another county within the same layoff 3,054
district, the displacement shall not be construed to be a 3,055
transfer. 3,056
73
(F) The director of administrative services shall 3,058
promulgate rules, under Chapter 119. of the Revised Code, for the 3,059
implementation of this section. 3,060
Sec. 125.30. (A) The department of administrative 3,069
services shall do both of the following: 3,070
(1) Create a business reply form that is capable of 3,072
containing information that a private business is required to 3,073
provide to state agencies on a regular basis. The director of 3,074
administrative services shall adopt rules in accordance with 3,075
Chapter 119. of the Revised Code specifying the information that 3,076
the form shall contain. Subject to division (E) of this section, 3,077
state agencies shall use the business reply form to obtain 3,078
information from private businesses.
(2) Create an on-line computer network system to allow 3,080
private businesses to electronically file the business reply 3,081
form.
In creating the business reply form described in division 3,083
(A)(1) of this section, the director may consider the 3,084
recommendations of interested parties from the small business 3,085
community who have direct knowledge of and familiarity with the 3,086
current state reporting requirements that apply to and the 3,087
associated forms that are filed by small businesses.
(B) The director shall establish procedures by which state 3,090
agencies may share the information that is collected through the 3,091
form established under division (A) of this section. These 3,093
procedures shall provide that information that has been
designated as confidential by any state agency shall not be made 3,095
available to the other state agencies having access to the 3,097
business reply form.
(C) Not later than September 30, 1999, the director may 3,100
report to the director of budget and management and to the 3,102
committees that handle finance and the committees that handle 3,103
state government affairs in the house of representatives and the 3,104
senate on the progress of state agencies in complying with 3,106
74
division (A)(1) of this section. The director may recommend a 3,107
five per cent reduction in the future appropriations of any state 3,108
agency that has failed to comply with that division without good 3,109
cause.
(D) As used in this section: 3,111
(1) "State agency" means the secretary of state, the 3,113
bureau DEPARTMENT of employment JOB AND FAMILY services REGARDING 3,115
DUTIES IT PERFORMS PURSUANT TO TITLE XLI OF THE REVISED CODE, the 3,116
bureau of workers' compensation, the department of administrative 3,117
services, and any other state agency that elects to participate 3,118
in the pilot program as provided in division (E) of this section. 3,119
(2) "Form" has the same meaning as in division (B) of 3,121
section 125.91 of the Revised Code. 3,122
(E) The provisions of this section pertaining to the 3,124
business reply form constitute a two-year pilot program. Not 3,125
later than one year after the effective date of this section 3,126
JANUARY 21, 1998, the department of administrative services shall 3,128
complete the planning and preparation that is necessary to
implement the pilot program. The director of administrative 3,129
services may request other state agencies, as defined in division 3,130
(A) of section 125.91 of the Revised Code, to participate in the 3,132
pilot program. If the director so requests, the state agency may 3,133
participate in the program. The provisions of this section shall
cease to have effect three years after the effective date of this 3,134
section JANUARY 21, 1998. Within ninety days after the 3,136
completion of the pilot program, the director of administrative 3,137
services shall report to the director of budget and management
and the committees described in division (C) of this section on 3,138
the effectiveness of the pilot program. 3,139
Sec. 126.07. No contract, agreement, or obligation 3,148
involving the expenditure of money chargeable to an 3,149
appropriation, nor any resolution or order for the expenditure of 3,150
money chargeable to an appropriation, shall be valid and 3,151
enforceable unless the director of budget and management first 3,152
75
certifies that there is a balance in the appropriation not 3,153
already obligated to pay existing obligations, in an amount at 3,154
least equal to the portion of the contract, agreement, 3,156
obligation, resolution, or order to be performed in the current 3,157
fiscal year. Any written contract or agreement entered into by 3,158
the state shall contain a clause stating that the obligations of 3,159
the state are subject to this section. 3,160
In order to make a payment from the state treasury, a state 3,162
agency shall first submit to the director all invoices, claims, 3,163
vouchers, and other evidentiary matter related to the payment. 3,164
If the director approves payment to be made, the director shall 3,166
submit the approval to the auditor of state for the drawing of a 3,167
warrant as provided in section 117.45 of the Revised Code. The 3,168
director shall not approve payment to be made if the director 3,169
finds that there is not an unobligated balance in the 3,171
appropriation for the payment, that the payment is not for a 3,172
valid claim against the state that is legally due, or that 3,173
insufficient evidentiary matter has been submitted. If the 3,174
director does not approve payment, the director shall notify the 3,176
agency of the reasons the director has not given approval. 3,177
In approving payments to be made under this section, the 3,179
director, upon receipt of certification from the administrator 3,180
DIRECTOR of the bureau of employment JOB AND FAMILY services 3,182
pursuant to section 4141.231 of the Revised Code, shall withhold 3,184
from amounts otherwise payable to a person who is the subject of 3,185
the administrator's DIRECTOR OF JOBS AND FAMILY SERVICES' 3,186
certification, the amount certified to be due and unpaid to the 3,187
bureau DIRECTOR of employment JOB AND FAMILY services, and shall 3,189
approve for payment to the bureau DIRECTOR of employment JOB AND 3,190
FAMILY services, the amount withheld. 3,191
Sec. 131.11. No money held or controlled by any probate 3,200
court, juvenile court, clerk of the court of common pleas, clerk 3,201
of a county court, sheriff, county recorder, director of a county 3,202
department of human JOB AND FAMILY services, clerk or bailiff of 3,203
76
a municipal court, prosecuting attorney, resident or division 3,205
deputy director of highways, or treasurer of a university 3,206
receiving state aid, in excess of that covered by federal deposit 3,207
insurance as hereinafter described or in excess of that covered 3,208
by federal savings and loan insurance, shall be deposited in any 3,209
bank, trust company, or building and loan association as defined 3,210
in section 1151.01 of the Revised Code until there is a 3,211
hypothecation of securities as provided for in section 135.18 of 3,212
the Revised Code, or until there is executed by the bank, trust 3,213
company, or building and loan association selected, a good and 3,214
sufficient undertaking, payable to the depositor, in such sum as 3,215
the depositor directs, but not less than the excess of the sum 3,216
that is deposited in the depository, at any one time over and 3,217
above the portion or amount of the sum as is at any time insured 3,218
by the federal deposit insurance corporation created pursuant to 3,219
"The Banking Act of 1933," or by the federal savings and loan 3,220
insurance corporation created pursuant to the "Home Owners' Loan 3,221
Act of 1933," 40 Stat. 128, 12 U.S.C.A. 1461, or by any other 3,222
agency or instrumentality of the federal government, pursuant to 3,223
such acts or any acts of congress amendatory thereof. 3,224
Any funds or securities in the possession or custody of any 3,226
county official in his AN official capacity or any funds or 3,227
securities the possession or custody of which is charged to any 3,228
county official, including funds or securities in transit to or 3,229
from any bank or trust company, may be insured by the board of 3,230
county commissioners in such amount as is found necessary in the 3,231
public interest. All costs of such insurance shall be paid by 3,232
the county as provided in section 307.55 of the Revised Code. 3,233
With respect to any insured or secured deposit mentioned in 3,235
this section which is active as defined by section 135.01 of the 3,236
Revised Code, any depositor named in this section may pay a 3,237
service charge which is the same as that customarily made by the 3,238
institution or institutions receiving money on deposit subject to 3,239
check in the city or village where the bank or trust company 3,240
77
accepting such active deposit is located. 3,241
Sec. 131.41. There is hereby created in the state treasury 3,250
the human FAMILY services stabilization fund. The fund shall 3,252
consist of moneys deposited into it pursuant to acts of the 3,253
general assembly. The director of budget and management, with 3,254
advice from the director of human JOB AND FAMILY services, may 3,255
transfer moneys in the human FAMILY services stabilization fund 3,256
to the general revenue fund for the department of human JOB AND 3,258
FAMILY services. Moneys may be transferred due to identified 3,260
shortfalls FOR FAMILY SERVICES ACTIVITIES, such as higher
caseloads, federal funding changes, and unforeseen costs due to 3,262
significant state policy changes. Before transfers are 3,263
authorized, the director of budget and management shall exhaust
the possibilities for transfers of moneys within the department 3,264
of human JOB AND FAMILY services to meet the identified 3,266
shortfall. Transfers shall not be used to fund policy changes 3,267
not contemplated by acts of the general assembly. Any investment
earnings of the human FAMILY services stabilization fund shall be 3,269
credited to that fund. 3,270
Sec. 135.81. As used in sections 135.81 to 135.88 of the 3,279
Revised Code: 3,280
(A) "Community improvement corporation" means a 3,282
corporation organized under Chapter 1724. of the Revised Code. 3,283
(B) "Depressed economic area linked deposit" means a 3,285
certificate of deposit in any amount placed by the treasurer of 3,286
state with an eligible lending institution at up to three per 3,287
cent below current market rates as determined and calculated by 3,288
the treasurer of state, provided the institution agrees to lend 3,289
the value of the deposit, according to the deposit agreement 3,290
provided in division (C) of section 135.86 of the Revised Code to 3,291
eligible businesses at three per cent below the present borrowing 3,292
rate applicable to each specific business at the time of the 3,293
deposit of state funds in the institution. 3,294
(C) "Eligible business" means any person that possesses 3,296
78
all of the following characteristics: 3,297
(1) Maintains or, because of the depressed economic area 3,299
linked deposit loan, will maintain offices and operating 3,300
facilities in an eligible county in this state and transacts 3,301
business in the county; 3,302
(2) Is organized for profit. 3,304
(D) "Eligible county" means any county in this state with 3,306
a rate of unemployment as determined by the bureau DIRECTOR of 3,307
employment JOB AND FAMILY services that is at least one per cent 3,309
higher than the statewide average rate of unemployment. 3,310
(E) "Eligible lending institution" means a financial 3,312
institution that: 3,313
(1) Is eligible to make commercial loans; 3,315
(2) Is a public depository of state funds under section 3,317
135.03 of the Revised Code; 3,318
(3) Agrees to participate in the depressed economic area 3,320
linked deposit program. 3,321
(F) "Qualified agent" means a: 3,323
(1) Community improvement corporation; 3,325
(2) Corporation organized under Chapter 1702. of the 3,327
Revised Code that the board of county commissioners of an 3,328
eligible county determines meets the criteria established by the 3,329
director of development pursuant to section 122.011 of the 3,331
Revised Code.
Sec. 135.96. (A) The treasurer of state shall take all 3,340
steps, including the development of guidelines, necessary to 3,341
implement the assistive technology device linked deposit program 3,342
established under sections 135.91 to 135.97 of the Revised Code 3,343
and monitor compliance of eligible lending institutions and 3,344
eligible individuals with disabilities.
(B)(1) Annually, by the first day of February, the 3,346
treasurer of state shall report on the assistive technology 3,347
device linked deposit program established under sections 135.91 3,348
to 135.97 of the Revised Code for the preceding calendar year to 3,350
79
the governor, the speaker of the house of representatives, and 3,351
the president of the senate.
(2) The report required by division (B)(1) of this section 3,353
shall set forth the assistive technology device linked deposits 3,354
made by the treasurer of state under the program during the year 3,355
and shall include information regarding both of the following: 3,356
(a) The nature, terms, and amounts of the loans upon which 3,358
the assistive technology device linked deposits were based; 3,359
(b) The eligible individuals with disabilities to whom the 3,361
loans were made. 3,362
(3) The speaker of the house of representatives shall 3,364
transmit copies of the report required by division (B)(1) of this 3,365
section to the chairperson of the standing house of 3,366
representatives committee that customarily considers legislation 3,367
regarding human FAMILY services, and the president of the senate 3,369
shall transmit copies of the report to the chairperson of the
standing senate committee that customarily considers legislation 3,370
regarding human FAMILY services. 3,371
Sec. 145.27. (A) The treasurer of state shall furnish 3,381
annually to the public employees retirement board a sworn 3,382
statement of the amount of the funds in the treasurer's TREASURER 3,383
OF STATE'S custody belonging to the public employees retirement 3,386
system.
(B)(1) As used in this division, "personal history record" 3,388
means information maintained by the board on a member, former 3,389
member, contributor, former contributor, retirant, or beneficiary 3,390
that includes the address, telephone number, social security 3,391
number, record of contributions, correspondence with the system, 3,392
or other information the board determines to be confidential. 3,393
(2) The records of the board shall be open to public 3,395
inspection, except for the following, which shall be excluded, 3,396
except with the written authorization of the individual 3,397
concerned: 3,398
(a) The individual's statement of previous service and 3,400
80
other information as provided for in section 145.16 of the 3,401
Revised Code; 3,402
(b) The amount of a monthly allowance or benefit paid to 3,404
the individual; 3,405
(c) The individual's personal history record. 3,407
(C) All medical reports and recommendations required by 3,409
sections 145.01 to 145.59 of the Revised Code are privileged, 3,410
except that copies of such medical reports or recommendations 3,411
shall be made available to the personal physician, attorney, or 3,412
authorized agent of the individual concerned upon written release 3,413
from the individual or the individual's agent, or when necessary 3,415
for the proper administration of the fund, to the board assigned 3,416
physician.
(D) Any person who is a member or contributor of the 3,418
system shall be furnished with a statement of the amount to the 3,419
credit of the individual's account upon written request. The 3,421
board is not required to answer more than one such request of a 3,422
person in any one year. The board may issue annual statements of 3,423
accounts to members and contributors. 3,424
(E) Notwithstanding the exceptions to public inspection in 3,426
division (B)(2) of this section, the board may furnish the 3,427
following information: 3,428
(1) If a member, former member, contributor, former 3,430
contributor, or retirant is subject to an order issued under 3,431
section 2907.15 of the Revised Code or is convicted of or pleads 3,432
guilty to a violation of section 2921.41 of the Revised Code, on 3,433
written request of a prosecutor as defined in section 2935.01 of 3,434
the Revised Code, the board shall furnish to the prosecutor the 3,435
information requested from the individual's personal history 3,436
record. 3,437
(2) Pursuant to a court or administrative order issued 3,439
under section 3111.23 or 3113.21 of the Revised Code, the board 3,440
shall furnish to a court or child support enforcement agency the 3,441
information required under that section. 3,442
81
(3) At the written request of any person, the board shall 3,444
provide to the person a list of the names and addresses of 3,445
members, former members, contributors, former contributors, 3,446
retirants, or beneficiaries. The costs of compiling, copying, 3,447
and mailing the list shall be paid by such person. 3,448
(4) Within fourteen days after receiving from the director 3,450
of human JOB AND FAMILY services a list of the names and social 3,451
security numbers of recipients of public assistance pursuant to 3,453
section 5101.181 of the Revised Code, the board shall inform the 3,454
auditor of state of the name, current or most recent employer 3,455
address, and social security number of each member whose name and 3,456
social security number are the same as that of a person whose 3,457
name or social security number was submitted by the director. 3,458
The board and its employees shall, except for purposes of 3,459
furnishing the auditor of state with information required by this 3,460
section, preserve the confidentiality of recipients of public 3,461
assistance in compliance with division (A) of section 5101.181 of 3,462
the Revised Code.
(F) A statement that contains information obtained from 3,464
the system's records that is signed by the executive director of 3,465
the retirement system and to which the system's official seal is 3,466
affixed, or copies of the system's records to which the signature 3,467
and seal are attached, shall be received as true copies of the 3,468
system's records in any court or before any officer of this 3,469
state. 3,470
Sec. 149.43. (A) As used in this section: 3,479
(1) "Public record" means any record that is kept by any 3,481
public office, including, but not limited to, state, county, 3,482
city, village, township, and school district units, except that 3,484
"public record" does not mean any of the following:
(a) Medical records; 3,486
(b) Records pertaining to probation and parole 3,488
proceedings;
(c) Records pertaining to actions under section 2151.85 3,490
82
and division (C) of section 2919.121 of the Revised Code and to 3,492
appeals of actions arising under those sections; 3,493
(d) Records pertaining to adoption proceedings, including 3,495
the contents of an adoption file maintained by the department of 3,496
health under section 3705.12 of the Revised Code; 3,497
(e) Information in a record contained in the putative 3,499
father registry established by section 3107.062 of the Revised 3,500
Code, regardless of whether the information is held by the 3,501
department of human JOB AND FAMILY services or, pursuant to 3,502
section 5101.313 of the Revised Code, the division of child 3,503
support in the department or a child support enforcement agency; 3,504
(f) Records listed in division (A) of section 3107.42 of 3,506
the Revised Code or specified in division (A) of section 3107.52 3,507
of the Revised Code;
(g) Trial preparation records; 3,509
(h) Confidential law enforcement investigatory records; 3,511
(i) Records containing information that is confidential 3,513
under section 2317.023 or 4112.05 of the Revised Code; 3,514
(j) DNA records stored in the DNA database pursuant to 3,517
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 3,519
rehabilitation and correction to the department of youth services 3,521
or a court of record pursuant to division (E) of section 5120.21 3,522
of the Revised Code;
(l) Records maintained by the department of youth services 3,524
pertaining to children in its custody released by the department 3,525
of youth services to the department of rehabilitation and 3,526
correction pursuant to section 5139.05 of the Revised Code; 3,527
(m) Intellectual property records; 3,529
(n) Donor profile records; 3,531
(o) Records maintained by the department of human services 3,533
pursuant to section 5101.312 of the Revised Code; 3,534
(p) Peace officer residential and familial information; 3,536
(q) In the case of a county hospital operated pursuant to 3,539
83
Chapter 339. of the Revised Code, information that constitutes a 3,541
trade secret, as defined in section 1333.61 of the Revised Code; 3,542
(q)(r) Records the release of which is prohibited by state 3,544
or federal law. 3,545
(2) "Confidential law enforcement investigatory record" 3,547
means any record that pertains to a law enforcement matter of a 3,548
criminal, quasi-criminal, civil, or administrative nature, but 3,549
only to the extent that the release of the record would create a 3,550
high probability of disclosure of any of the following: 3,551
(a) The identity of a suspect who has not been charged 3,553
with the offense to which the record pertains, or of an 3,554
information source or witness to whom confidentiality has been 3,555
reasonably promised; 3,556
(b) Information provided by an information source or 3,558
witness to whom confidentiality has been reasonably promised, 3,559
which information would reasonably tend to disclose the source's 3,560
or witness's identity; 3,561
(c) Specific confidential investigatory techniques or 3,563
procedures or specific investigatory work product; 3,564
(d) Information that would endanger the life or physical 3,566
safety of law enforcement personnel, a crime victim, a witness, 3,567
or a confidential information source. 3,568
(3) "Medical record" means any document or combination of 3,570
documents, except births, deaths, and the fact of admission to or 3,571
discharge from a hospital, that pertains to the medical history, 3,572
diagnosis, prognosis, or medical condition of a patient and that 3,573
is generated and maintained in the process of medical treatment. 3,574
(4) "Trial preparation record" means any record that 3,576
contains information that is specifically compiled in reasonable 3,577
anticipation of, or in defense of, a civil or criminal action or 3,578
proceeding, including the independent thought processes and 3,579
personal trial preparation of an attorney. 3,580
(5) "Intellectual property record" means a record, other 3,583
than a financial or administrative record, that is produced or
84
collected by or for faculty or staff of a state institution of 3,584
higher learning in the conduct of or as a result of study or 3,585
research on an educational, commercial, scientific, artistic, 3,586
technical, or scholarly issue, regardless of whether the study or 3,587
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 3,589
been publicly released, published, or patented. 3,590
(6) "Donor profile record" means all records about donors 3,592
or potential donors to a public institution of higher education 3,593
except the names and reported addresses of the actual donors and 3,594
the date, amount, and conditions of the actual donation. 3,595
(7) "Peace officer residential and familial information" 3,597
means information that discloses any of the following: 3,598
(a) The address of the actual personal residence of a 3,600
peace officer, except for the state or political subdivision in 3,601
which the peace officer resides; 3,602
(b) Information compiled from referral to or participation 3,604
in an employee assistance program; 3,605
(c) The social security number, the residential telephone 3,607
number, any bank account, debit card, charge card, or credit card 3,608
number, or the emergency telephone number of, or any medical 3,609
information pertaining to, a peace officer; 3,610
(d) The name of any beneficiary of employment benefits, 3,612
including, but not limited to, life insurance benefits, provided 3,614
to a peace officer by the peace officer's employer; 3,615
(e) The identity and amount of any charitable or 3,617
employment benefit deduction made by the peace officer's employer 3,618
from the peace officer's compensation unless the amount of the 3,619
deduction is required by state or federal law; 3,620
(f) The name, the residential address, the name of the 3,622
employer, the address of the employer, the social security 3,623
number, the residential telephone number, any bank account, debit 3,624
card, charge card, or credit card number, or the emergency 3,625
telephone number of the spouse, a former spouse, or any child of 3,626
85
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 3,628
"peace officer" has the same meaning as in section 109.71 of the 3,630
Revised Code, except that "peace officer" does not include the 3,631
sheriff of a county or a supervisory employee who, in the absence 3,632
of the sheriff, is authorized to stand in for, exercise the 3,633
authority of, and perform the duties of the sheriff. 3,634
(B)(1) Subject to division (B)(4) of this section, all 3,636
public records shall be promptly prepared and made available for 3,638
inspection to any person at all reasonable times during regular 3,639
business hours. Subject to division (B)(4) of this section, upon 3,640
request, a public office or person responsible for public records 3,641
shall make copies available at cost, within a reasonable period 3,642
of time. In order to facilitate broader access to public 3,643
records, public offices shall maintain public records in a manner 3,644
that they can be made available for inspection in accordance with 3,645
this division.
(2) If any person chooses to obtain a copy of a public 3,647
record in accordance with division (B)(1) of this section, the 3,649
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 3,651
upon paper, upon the same medium upon which the public office or 3,652
person responsible for the public record keeps it, or upon any 3,654
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 3,656
duplicated as an integral part of the normal operations of the 3,657
public office or person responsible for the public record. When 3,658
the person seeking the copy makes a choice under this division, 3,659
the public office or person responsible for the public record 3,660
shall provide a copy of it in accordance with the choice made by 3,662
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 3,664
of this section, a public office or person responsible for public 3,665
records shall transmit a copy of a public record to any person by 3,666
86
United States mail within a reasonable period of time after 3,667
receiving the request for the copy. The public office or person 3,669
responsible for the public record may require the person making 3,670
the request to pay in advance the cost of postage and other 3,671
supplies used in the mailing. 3,672
Any public office may adopt a policy and procedures that it 3,675
will follow in transmitting, within a reasonable period of time 3,676
after receiving a request, copies of public records by United 3,678
States mail pursuant to this division. A public office that 3,680
adopts a policy and procedures under this division shall comply 3,681
with them in performing its duties under this division. 3,682
In any policy and procedures adopted under this division, a 3,684
public office may limit the number of records requested by a 3,685
person that the office will transmit by United States mail to ten 3,686
per month, unless the person certifies to the office in writing 3,687
that the person does not intend to use or forward the requested 3,688
records, or the information contained in them, for commercial 3,690
purposes. For purposes of this division, "commercial" shall be 3,691
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 3,692
oversight or understanding of the operation or activities of 3,693
government, or nonprofit educational research. 3,694
(4) A public office or person responsible for public 3,696
records is not required to permit a person who is incarcerated 3,697
pursuant to a criminal conviction or a juvenile adjudication to 3,698
inspect or to obtain a copy of any public record concerning a 3,699
criminal investigation or prosecution or concerning what would be 3,700
a criminal investigation or prosecution if the subject of the 3,701
investigation or prosecution were an adult, unless the request to 3,702
inspect or to obtain a copy of the record is for the purpose of 3,703
acquiring information that is subject to release as a public 3,704
record under this section and the judge who imposed the sentence 3,705
or made the adjudication with respect to the person, or the 3,706
judge's successor in office, finds that the information sought in 3,707
87
the public record is necessary to support what appears to be a 3,708
justiciable claim of the person. 3,709
(5) Upon written request made and signed by a journalist 3,711
on or after the effective date of this amendment, a public 3,713
office, or person responsible for public records, having custody
of the records of the agency employing a specified peace officer 3,714
shall disclose to the journalist the address of the actual 3,716
personal residence of the peace officer and, if the peace 3,717
officer's spouse, former spouse, or child is employed by a public 3,718
office, the name and address of the employer of the peace 3,719
officer's spouse, former spouse, or child. The request shall 3,720
include the journalist's name and title and the name and address 3,721
of the journalist's employer and shall state that disclosure of 3,722
the information sought would be in the public interest. 3,723
As used in division (B)(5) of this section, "journalist" 3,725
means a person engaged in, connected with, or employed by any 3,726
news medium, including a newspaper, magazine, press association, 3,727
news agency, or wire service, a radio or television station, or a 3,728
similar medium, for the purpose of gathering, processing, 3,729
transmitting, compiling, editing, or disseminating information 3,730
for the general public. 3,731
(C) If a person allegedly is aggrieved by the failure of a 3,733
public office to promptly prepare a public record and to make it 3,735
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 3,737
copy of a public record allegedly is aggrieved by the failure of 3,738
a public office or the person responsible for the public record 3,740
to make a copy available to the person allegedly aggrieved in 3,741
accordance with division (B) of this section, the person 3,742
allegedly aggrieved may commence a mandamus action to obtain a 3,743
judgment that orders the public office or the person responsible 3,744
for the public record to comply with division (B) of this section 3,745
and that awards reasonable attorney's fees to the person that 3,746
instituted the mandamus action. The mandamus action may be 3,747
88
commenced in the court of common pleas of the county in which 3,748
division (B) of this section allegedly was not complied with, in 3,749
the supreme court pursuant to its original jurisdiction under 3,750
Section 2 of Article IV, Ohio Constitution, or in the court of 3,751
appeals for the appellate district in which division (B) of this 3,752
section allegedly was not complied with pursuant to its original 3,753
jurisdiction under Section 3 of Article IV, Ohio Constitution. 3,754
(D) Chapter 1347. of the Revised Code does not limit the 3,756
provisions of this section. 3,757
(E)(1) The bureau of motor vehicles may adopt rules 3,759
pursuant to Chapter 119. of the Revised Code to reasonably limit 3,761
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 3,762
calendar year. The rules may include provisions for charges to 3,763
be made for bulk commercial special extraction requests for the 3,765
actual cost of the bureau, plus special extraction costs, plus 3,766
ten per cent. The bureau may charge for expenses for redacting 3,767
information, the release of which is prohibited by law. 3,768
(2) As used in divisions (B)(3) and (E)(1) of this 3,770
section:
(a) "Actual cost" means the cost of depleted supplies, 3,772
records storage media costs, actual mailing and alternative 3,773
delivery costs, or other transmitting costs, and any direct 3,774
equipment operating and maintenance costs, including actual costs 3,775
paid to private contractors for copying services. 3,776
(b) "Bulk commercial special extraction request" means a 3,778
request for copies of a record for information in a format other 3,779
than the format already available, or information that cannot be 3,780
extracted without examination of all items in a records series, 3,781
class of records, or data base by a person who intends to use or 3,782
forward the copies for surveys, marketing, solicitation, or 3,783
resale for commercial purposes. "Bulk commercial special 3,784
extraction request" does not include a request by a person who 3,785
gives assurance to the bureau that the person making the request 3,786
89
does not intend to use or forward the requested copies for 3,787
surveys, marketing, solicitation, or resale for commercial 3,788
purposes.
(c) "Commercial" means profit-seeking production, buying, 3,790
or selling of any good, service, or other product. 3,791
(d) "Special extraction costs" means the cost of the time 3,793
spent by the lowest paid employee competent to perform the task, 3,794
the actual amount paid to outside private contractors employed by 3,795
the bureau, or the actual cost incurred to create computer 3,796
programs to make the special extraction. "Special extraction 3,797
costs" include any charges paid to a public agency for computer
or records services. 3,798
(3) For purposes of divisions (E)(1) and (2) of this 3,801
section, "commercial surveys, marketing, solicitation, or resale" 3,802
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 3,804
citizen oversight or understanding of the operation or activities 3,805
of government, or nonprofit educational research. 3,806
Sec. 153.39. If the plans, drawings, representations, 3,815
bills of material, specifications of work, and estimates relate 3,816
to the building of a children's home, they shall be submitted to 3,817
the board of county commissioners and three citizens of the 3,818
county, to be appointed by a resident judge of the court of 3,819
common pleas, or a judge residing in the same subdivision of the 3,820
judicial district. If approved by a majority of them, a copy 3,821
thereof shall be deposited with the county auditor and kept by 3,822
him THE AUDITOR for the inspection of interested parties. Before 3,824
such plans are adopted, they shall be submitted to the department 3,825
of human JOB AND FAMILY services for suggestions and criticism. 3,826
The boards of counties composing a district for the purpose of 3,827
establishing a district children's home, in letting contracts for 3,828
the necessary buildings or the repair or alteration thereof, 3,829
shall be governed by the law relating to letting contracts for 3,830
erecting, repairing, or altering other public buildings. 3,831
90
Sec. 169.02. Subject to division (B) of section 169.01 of 3,840
the Revised Code, the following constitute unclaimed funds: 3,841
(A) Except as provided in division (R) of this section, 3,844
any demand, savings, or matured time deposit account, or matured 3,845
certificate of deposit, together with any interest or dividend on 3,846
it, less any lawful claims, that is held or owed by a holder 3,847
which is a financial organization, unclaimed for a period of five 3,848
years;
(B) Any funds paid toward the purchase of withdrawable 3,850
shares or other interest in a financial organization, and any 3,851
interest or dividends on them, less any lawful claims, that is 3,852
held or owed by a holder which is a financial organization, 3,853
unclaimed for a period of five years; 3,854
(C) Except as provided in division (A) of section 3903.45 3,856
of the Revised Code, moneys held or owed by a holder, including a 3,857
fraternal association, providing life insurance, including 3,858
annuity or endowment coverage, unclaimed for three years after 3,860
becoming payable as established from the records of such holder 3,861
under any life or endowment insurance policy or annuity contract 3,862
that has matured or terminated. An insurance policy, the 3,863
proceeds of which are payable on the death of the insured, not 3,864
matured by proof of death of the insured is deemed matured and 3,865
the proceeds payable if such policy was in force when the insured 3,866
attained the limiting age under the mortality table on which the 3,867
reserve is based. 3,868
Moneys otherwise payable according to the records of such 3,870
holder are deemed payable although the policy or contract has not 3,871
been surrendered as required. 3,872
(D) Any deposit made to secure payment or any sum paid in 3,874
advance for utility services of a public utility and any amount 3,875
refundable from rates or charges collected by a public utility 3,876
for utility services held or owed by a holder, less any lawful 3,877
claims, that has remained unclaimed for one year after the 3,879
termination of the services for which the deposit or advance 3,880
91
payment was made or one year from the date the refund was 3,882
payable, whichever is earlier; 3,883
(E) Except as provided in division (R) of this section, 3,886
any certificates, securities as defined in section 1707.01 of the 3,887
Revised Code, nonwithdrawable shares, other instruments 3,888
evidencing ownership, or rights to them or funds paid toward the 3,889
purchase of them, or any dividend, capital credit, profit, 3,890
distribution, interest, or payment on principal or other sum, 3,891
held or owed by a holder, including funds deposited with a fiscal 3,892
agent or fiduciary for payment of them, and instruments
representing an ownership interest, unclaimed for five years. 3,894
Any underlying share or other intangible instrument representing 3,895
an ownership interest in a business association, in which the 3,896
issuer has recorded on its books the issuance of the share but 3,897
has been unable to deliver the certificate to the shareholder, 3,898
constitutes unclaimed funds if such underlying share is unclaimed 3,899
for five years. In addition, an underlying share constitutes 3,900
unclaimed funds if a dividend, distribution, or other sum payable 3,901
as a result of the underlying share has remained unclaimed by the 3,902
owner for five years. 3,903
This division shall not prejudice the rights of fiscal 3,905
agents or fiduciaries for payment to return the items described 3,906
in this division to their principals, according to the terms of 3,907
an agency or fiduciary agreement, but such a return shall 3,908
constitute the principal as the holder of the items and shall not 3,909
interrupt the period for computing the time for which the items 3,910
have remained unclaimed. 3,911
In the case of any such funds accruing and held or owed by 3,913
a corporation under division (E) of section 1701.24 of the 3,914
Revised Code, such corporation shall comply with this chapter, 3,915
subject to the limitation contained in section 1701.34 of the 3,916
Revised Code. The period of time for which such funds have gone 3,917
unclaimed specified in section 1701.34 of the Revised Code shall 3,918
be computed, with respect to dividends or distributions, 3,919
92
commencing as of the dates when such dividends or distributions 3,920
would have been payable to the shareholder had such shareholder 3,921
surrendered the certificates for cancellation and exchange by the 3,922
date specified in the order relating to them. 3,923
Capital credits of a cooperative which after January 1, 3,925
1972, have been allocated to members and which by agreement are 3,926
expressly required to be paid if claimed after death of the owner 3,927
are deemed payable, for the purpose of this chapter, fifteen 3,928
years after either the termination of service by the cooperative 3,929
to the owner or upon the nonactivity as provided in division (B) 3,930
of section 169.01 of the Revised Code, whichever occurs later, 3,931
provided that this provision does not apply if the payment is not 3,932
mandatory. 3,933
(F) Any sum payable on certified checks or other written 3,935
instruments certified or issued and representing funds held or 3,936
owed by a holder, less any lawful claims, that are unclaimed for 3,937
five years, and traveler's checks that are unclaimed for fifteen 3,939
years from the date payable, or from the date of issuance if 3,940
payable on demand. 3,941
As used in this division, "written instruments" include, 3,943
but are not limited to, certified checks, cashier's checks, bills 3,944
of exchange, letters of credit, drafts, money orders, and 3,945
traveler's checks. 3,946
If there is no address of record for the owner or other 3,948
person entitled to the funds, such address is presumed to be the 3,949
address where the instrument was certified or issued. 3,950
(G) Except as provided in division (R) of this section, 3,953
all moneys, rights to moneys, or other intangible property, 3,954
arising out of the business of engaging in the purchase or sale 3,955
of securities, or otherwise dealing in intangibles, less any 3,956
lawful claims, that are held or owed by a holder and are 3,957
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 3,959
of the Revised Code, all moneys, rights to moneys, and other 3,960
93
intangible property distributable in the course of dissolution or 3,961
liquidation of a holder that are unclaimed for one year after the 3,962
date set by the holder for distribution; 3,963
(I) All moneys, rights to moneys, or other intangible 3,965
property removed from a safe-deposit box or other safekeeping 3,966
repository located in this state or removed from a safe-deposit 3,967
box or other safekeeping repository of a holder, on which the 3,968
lease or rental period has expired, or any amount arising from 3,969
the sale of such property, less any lawful claims, that are 3,970
unclaimed for three years from the date on which the lease or 3,972
rental period expired; 3,973
(J) Subject to division (M)(2) of this section, all 3,975
moneys, rights to moneys, or other intangible property, and any 3,976
income or increment on them, held or owed by a holder which is a 3,977
fiduciary for the benefit of another, or a fiduciary or custodian 3,978
of a qualified retirement plan or individual retirement 3,979
arrangement under section 401 or 408 of the Internal Revenue 3,980
Code, unclaimed for three years after the final date for 3,981
distribution; 3,982
(K) All moneys, rights to moneys, or other intangible 3,984
property held or owed in this state or held for or owed to an 3,985
owner whose last known address is within this state, by the 3,986
United States government or any state, as those terms are 3,987
described in division (E) of section 169.01 of the Revised Code, 3,988
unclaimed by the owner for three years, excluding any property in 3,990
the control of any court in a proceeding in which a final 3,991
adjudication has not been made; 3,992
(L) Amounts payable pursuant to the terms of any policy of 3,994
insurance, other than life insurance, or any refund available 3,995
under such a policy, held or owed by any holder, unclaimed for 3,996
three years from the date payable or distributable; 3,997
(M)(1) Subject to division (M)(2) of this section, any 3,999
funds constituting rents or lease payments due, any deposit made 4,000
to secure payment of rents or leases, or any sum paid in advance 4,001
94
for rents, leases, possible damage to property, unused services, 4,002
performance requirements, or any other purpose, held or owed by a 4,003
holder unclaimed for one year; 4,004
(2) Any escrow funds, security deposits, or other moneys 4,006
that are received by a licensed broker in a fiduciary capacity 4,007
and that, pursuant to division (A)(26) of section 4735.18 of the 4,008
Revised Code, are required to be deposited into and maintained in 4,009
a special or trust, noninterest-bearing bank account separate and 4,010
distinct from any personal or other account of the licensed 4,011
broker, held or owed by the licensed broker unclaimed for two 4,012
years. 4,013
(N) Any sum payable as wages, salaries, or commissions, 4,015
any sum payable for services rendered, funds owed or held as 4,016
royalties, oil and mineral proceeds, funds held for or owed to 4,017
suppliers, and moneys owed under pension and profit-sharing 4,018
plans, held or owed by any holder unclaimed for one year from 4,020
date payable or distributable, and all other credits held or owed 4,021
by any holder unclaimed for three years from date payable or
distributable; 4,022
(O) Amounts held in respect of or represented by lay-aways 4,024
sold after January 1, 1972, less any lawful claims, when such 4,025
lay-aways are unclaimed for three years after the sale of them; 4,026
(P) All moneys, rights to moneys, and other intangible 4,028
property not otherwise constituted as unclaimed funds by this 4,029
section, including any income or increment on them, less any 4,030
lawful claims, which are held or owed by any holder, other than a 4,031
holder which holds a permit issued pursuant to Chapter 3769. of 4,032
the Revised Code, and which have remained unclaimed for three 4,034
years after becoming payable or distributable; 4,035
(Q) All moneys that arise out of a sale held pursuant to 4,037
section 5322.03 of the Revised Code, that are held by a holder 4,038
for delivery on demand to the appropriate person pursuant to 4,039
division (I) of that section, and that are unclaimed for two 4,040
years after the date of the sale. 4,041
95
(R)(1) Any funds that are subject to an agreement between 4,044
the holder and owner providing for automatic reinvestment and 4,045
that constitute dividends, distributions, or other sums held or 4,046
owed by a holder in connection with a security as defined in 4,047
section 1707.01 of the Revised Code, an ownership interest in an 4,050
investment company registered under the "Investment Company Act 4,051
of 1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a 4,053
certificate of deposit, unclaimed for a period of five years. 4,054
(2) The five-year period under division (R)(1) of this 4,056
section commences from the date a second shareholder notification 4,057
or communication mailing to the owner of the funds is returned to 4,058
the holder as undeliverable by the United States postal service 4,059
or other carrier. The notification or communication mailing by 4,060
the holder shall be no less frequent than quarterly. 4,061
All moneys in a personal allowance account, as defined by 4,064
rules adopted by the department DIRECTOR of human JOB AND FAMILY 4,066
services, up to and including the maximum resource limitation, of 4,067
a medicaid patient who has died after receiving care in a 4,068
long-term care facility, and for whom there is no identifiable 4,069
heir or sponsor, are not subject to this chapter. 4,070
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 4,079
when requested, every person which could be the holder of 4,080
unclaimed funds, under this chapter shall report to the director 4,081
of commerce with respect to the unclaimed funds as provided in 4,082
this section. The report shall be verified. 4,083
(2) With respect to items of unclaimed funds each having a 4,085
value of fifty dollars or more, the report required under 4,086
division (A)(1) of this section shall include: 4,088
(a) The full name, if known, and last known address, if 4,090
any, of each person appearing from the records of the holder to 4,091
be the owner of unclaimed funds under this chapter; 4,092
(b) In the case of unclaimed funds reported by holders 4,094
providing life insurance coverage, the full name of the insured 4,095
or annuitant and beneficiary, if any, and their last known 4,096
96
addresses according to such holder's records; 4,097
(c) The nature and identifying number, if any, or 4,099
description of the funds and the amount appearing from the 4,100
records to be due; 4,101
(d) The date when the funds became payable, demandable, or 4,103
returnable and the date of the last transaction with the owner 4,104
with respect to the funds; 4,105
(e) Subject to division (I) of this section, the social 4,107
security number of the owner of the unclaimed funds, if it is 4,108
available;
(f) Other information which the director prescribes as 4,110
necessary for the administration of this chapter. 4,111
(3) With respect to items of unclaimed funds each having a 4,113
value of less than fifty dollars, the report required under 4,114
division (A)(1) of this section shall include: 4,115
(a) Each category of items of unclaimed funds as described 4,117
in section 169.02 of the Revised Code; 4,118
(b) The number of items of unclaimed funds within each 4,120
category; 4,121
(c) The aggregated value of the items of unclaimed funds 4,123
within each category. 4,124
(B) If the holder of unclaimed funds is a successor to 4,126
other organizations that previously held the funds for the owner, 4,127
or if the holder has changed its name while holding the funds, it 4,128
shall file with the report all prior known names and addresses 4,129
and date and state of incorporation or formation of each holder 4,130
of the funds. 4,131
(C) The report shall be filed before the first day of 4,133
November of each year as of the preceding thirtieth day of June, 4,134
but the report of holders providing life insurance coverage shall 4,135
be filed before the first day of May of each year as of the 4,136
preceding thirty-first day of December. The director may 4,137
postpone, for good cause shown, the reporting date upon written 4,138
request by any holder required to file a report. 4,139
97
(D) The holder of unclaimed funds under this chapter shall 4,141
send notice to each owner of each item of unclaimed funds having 4,142
a value of fifty dollars or more at the last known address of the 4,145
owner as shown by the records of the holder before filing the 4,146
annual report. In case of holders providing life insurance
coverage, such notice shall also be mailed to each beneficiary at 4,147
the last known address of such beneficiary as shown by the 4,148
records of such holder, except that such notice to beneficiaries 4,149
shall not be mailed if such address is the same as that of the 4,150
insured and the surname of the beneficiary is the same as that of 4,151
the insured. The holder shall not report an item of unclaimed 4,152
funds earlier than the thirtieth day after the mailing of notice 4,153
required by this division. 4,154
Such notice shall set forth the nature and identifying 4,156
number, if any, or description of the funds and the amount 4,157
appearing on the records of the holder to be due the owner, and 4,158
shall inform the owner that the funds will, thirty days after the 4,159
mailing of such notice, be reported as unclaimed funds under this 4,160
chapter. A self-addressed, stamped envelope shall be included 4,161
with the notice, with instructions that the owner may use such 4,162
envelope to inform the holder of the owner's continued interest 4,164
in the funds and, if so informed before the date for making the 4,165
report to the director, the holder shall not report said funds to 4,166
the director. The notice shall be mailed by first class mail. 4,167
If there is no address of record for the owner or other person 4,168
entitled to the unclaimed funds, the holder is relieved of any 4,169
responsibility of sending notice, attempting to notify, or 4,170
notifying the owner. The mailing of notice pursuant to this 4,171
section shall discharge the holder from any further 4,172
responsibility to give notice. 4,173
(E) Verification of the report and of the mailing of 4,175
notice, where required, shall be executed by an officer of the 4,176
reporting holder. 4,177
(F)(1) The director may at reasonable times and upon 4,179
98
reasonable notice examine or cause to be examined, by auditors of 4,180
supervisory departments or divisions of the state, the records of 4,181
any holder to determine compliance with this chapter. 4,182
(2) Holders shall retain records, designated by the 4,184
director as applicable to unclaimed funds, for five years beyond 4,185
the relevant time period provided in section 169.02 of the 4,187
Revised Code, or until completion of an audit conducted pursuant 4,188
to division (F) of this section, whichever occurs first. An 4,189
audit conducted pursuant to division (F) of this section shall 4,190
not require a holder to make records available for a period of
time exceeding the records retention period set forth in division 4,192
(F) of this section, except for records pertaining to instruments 4,193
evidencing ownership, or rights to them or funds paid toward the 4,194
purchase of them, or any dividend, capital credit, profit, 4,195
distribution, interest, or payment on principal or other sum, 4,196
held or owed by a holder, including funds deposited with a fiscal 4,197
agent or fiduciary for payment of them, or pertaining to debt of 4,198
a publicly traded corporation. Any holder that is audited 4,199
pursuant to division (F) of this section shall only be required 4,200
to make available those records that are relevant to an unclaimed 4,201
funds audit of that holder as prescribed by the director. 4,202
(3) The director may enter into contracts, pursuant to 4,204
procedures prescribed by the director, with persons for the sole 4,205
purpose of examining the records of holders, determining 4,206
compliance with this chapter, and collecting, taking possession 4,207
of, and remitting to the department's division of unclaimed 4,208
funds, in a timely manner, the amounts found and defined as 4,209
unclaimed. The director shall not enter into such a contract 4,211
with a person unless the person does all of the following: 4,212
(a) Agrees to maintain the confidentiality of the records 4,214
examined, as required under division (F)(4) of this section; 4,215
(b) Agrees to conduct the audit in accordance with rules 4,217
adopted under section 169.09 of the Revised Code; 4,218
(c) Obtains a corporate surety bond issued by a bonding 4,220
99
company or insurance company authorized to do business in this 4,221
state. The bond shall be in favor of the director and in the 4,222
penal sum determined by the director. The bond shall be for the 4,223
benefit of any holder of unclaimed funds that is audited by the 4,224
principal and is injured by the principal's failure to comply
with division (F)(3)(a) or (b) of this section. 4,225
(4) Records audited pursuant to division (F) of this 4,228
section are confidential, and shall not be disclosed except as 4,229
required by section 169.06 of the Revised Code or as the director 4,230
considers necessary in the proper administration of this chapter. 4,231
(5) If a person with whom the director has entered into a 4,234
contract pursuant to division (F)(3) of this section intends to 4,235
conduct, in conjunction with an unclaimed funds audit under this 4,236
section, an unclaimed funds audit for the purpose of 4,237
administering another state's unclaimed or abandoned property 4,238
laws, the person, prior to commencing the audit, shall provide 4,239
written notice to the director of the person's intent to conduct 4,240
such an audit, along with documentation evidencing the person's 4,241
express authorization from the other state to conduct the audit
on behalf of that state. 4,242
(6) Prior to the commencement of an audit conducted 4,244
pursuant to division (F) of this section, the director shall 4,245
notify the holder of unclaimed funds of the director's intent to 4,246
audit the holder's records. If the audit will be conducted in 4,247
conjunction with an audit for one or more other states, the 4,248
director shall provide the holder with the name or names of those 4,249
states.
(7) Any holder of unclaimed funds may appeal the findings 4,251
of an audit conducted pursuant to division (F) of this section to 4,252
the director. Pursuant to the authority granted by section 4,253
169.09 of the Revised Code, the director shall adopt rules 4,254
establishing procedures for considering such an appeal. 4,255
(G) All holders shall make sufficient investigation of 4,257
their records to ensure that the funds reported to the director 4,258
100
are unclaimed as set forth in division (B) of section 169.01 and 4,259
section 169.02 of the Revised Code. 4,260
(H) The expiration of any period of limitations on or 4,262
after March 1, 1968, within which a person entitled to any 4,263
moneys, rights to moneys, or intangible property could have 4,264
commenced an action or proceeding to obtain the same shall not 4,265
prevent such items from becoming unclaimed funds or relieve the 4,266
holder thereof of any duty to report and give notice as provided 4,267
in this section and deliver the same in the manner provided in 4,268
section 169.05 of the Revised Code, provided that the holder may 4,269
comply with the provisions of this section and section 169.05 of 4,270
the Revised Code with respect to any moneys, rights to moneys, or 4,271
intangible property as to which the applicable statute of 4,272
limitations has run prior to March 1, 1968, and in such event the 4,273
holder shall be entitled to the protective provisions of section 4,274
169.07 of the Revised Code. 4,275
(I) No social security number contained in a report made 4,277
pursuant to this section shall be used by the department of 4,278
commerce for any purpose other than to enable the division of 4,279
unclaimed funds to carry out the purposes of this chapter and for 4,280
child support purposes in response to a request made by the 4,281
division of child support in the department of human JOB AND 4,282
FAMILY services made pursuant to section 5101.327 of the Revised 4,283
Code.
Sec. 169.08. (A) Any person claiming a property interest 4,292
in unclaimed funds delivered or reported to the state under 4,293
Chapter 169. of the Revised Code, including the division of child 4,294
support in the department of human JOB AND FAMILY services, 4,295
pursuant to section 5101.327 of the Revised Code, may file a 4,297
claim thereto on the form prescribed by the director of commerce. 4,298
(B) The director shall consider matters relevant to any 4,300
claim filed under division (A) of this section and shall hold a 4,301
formal hearing if requested or considered necessary and receive 4,302
evidence concerning such claim. A finding and decision in 4,303
101
writing on each claim filed shall be prepared, stating the 4,304
substance of any evidence received or heard and the reasons for 4,305
allowance or disallowance of the claim. The evidence and 4,306
decision shall be a public record. No statute of limitations 4,307
shall bar the allowance of a claim. 4,308
(C) For the purpose of conducting any hearing, the 4,310
director may require the attendance of such witnesses and the 4,311
production of such books, records, and papers as the director 4,312
desires, and the director may take the depositions of witnesses 4,314
residing within or without this state in the same manner as is 4,316
prescribed by law for the taking of depositions in civil actions 4,317
in the court of common pleas, and for that purpose the director 4,318
may issue a subpoena for any witness or a subpoena duces tecum to 4,319
compel the production of any books, records, or papers, directed 4,320
to the sheriff of the county where such witness resides or is 4,321
found, which shall be served and returned. The fees and mileage 4,322
of the sheriff and witnesses shall be the same as that allowed in 4,323
the court of common pleas in criminal cases. Fees and mileage 4,324
shall be paid from the unclaimed funds trust fund. 4,325
(D) Interest is not payable to claimants of unclaimed 4,327
funds held by the state. Claims shall be paid from the trust 4,328
fund. If the amount available in the trust fund is not 4,329
sufficient to pay pending claims, or other amounts disbursable 4,330
from the trust fund, the treasurer of state shall certify such 4,331
fact to the director, who shall then withdraw such amount of 4,332
funds from the mortgage accounts as the director determines 4,333
necessary to reestablish the trust fund to a level required to 4,335
pay anticipated claims but not more than ten per cent of the net 4,336
unclaimed funds reported to date. 4,337
The director shall retain in the trust fund, as a fee for 4,339
administering the funds, five per cent of the total amount of 4,340
unclaimed funds payable to the claimant and may withdraw the 4,341
funds paid to the director by the holders and deposited by the 4,342
director with the treasurer of state or in a financial 4,343
102
institution as agent for such funds. Whenever these funds are 4,344
inadequate to meet the requirements for the trust fund, the 4,345
director shall provide for a withdrawal of funds, within a 4,347
reasonable time, in such amount as is necessary to meet the 4,348
requirements, from financial institutions in which such funds 4,349
were retained or placed by a holder and from other holders who 4,350
have retained funds, in an equitable manner as prescribed by the 4,351
director. In the event that the amount to be withdrawn from any 4,353
one such holder is less than five hundred dollars, the amount to 4,354
be withdrawn shall be at the discretion of the director. Such 4,355
funds may be reimbursed in the amounts withdrawn when the trust 4,356
fund has a surplus over the amount required to pay anticipated 4,357
claims. Whenever the trust fund has a surplus over the amount 4,358
required to pay anticipated claims, the director may transfer 4,359
such surplus to the mortgage accounts. 4,360
(E) If a claim which is allowed under this section relates 4,362
to funds which have been retained by the reporting holder, and if 4,363
the funds, on deposit with the treasurer of state pursuant to 4,364
this chapter, are insufficient to pay claims, the director may 4,365
notify such holder in writing of the payment of the claim and 4,366
such holder shall immediately reimburse the state in the amount 4,367
of such claim. The reimbursement shall be credited to the 4,368
unclaimed funds trust fund. 4,369
(F) Any person, including the division of child support, 4,371
adversely affected by a decision of the director may appeal such 4,373
decision in the manner provided in Chapter 119. of the Revised 4,374
Code.
In the event the claimant prevails, the claimant shall be 4,376
reimbursed for reasonable attorney's fees and costs. 4,378
(G) Notwithstanding anything to the contrary in this 4,380
chapter, any holder who has paid moneys to or entered into an 4,381
agreement with the director pursuant to section 169.05 of the 4,382
Revised Code on certified checks, cashiers' checks, bills of 4,383
exchange, letters of credit, drafts, money orders, or travelers' 4,384
103
checks, may make payment to any person entitled thereto, 4,385
including the division of child support, and upon surrender of 4,387
the document, except in the case of travelers' checks, and proof 4,388
of such payment, the director shall reimburse the holder for such 4,389
payment without interest.
Sec. 173.03. (A) There is hereby created the Ohio 4,398
advisory council for the aging, which shall consist of twelve 4,399
members to be appointed by the governor with the advice and 4,400
consent of the senate. Two ex officio members of the council 4,401
shall be members of the house of representatives appointed by the 4,402
speaker of the house of representatives and shall be members of 4,403
two different political parties. Two ex officio members of the 4,404
council shall be members of the senate appointed by the president 4,405
of the senate and shall be members of two different political 4,406
parties. The directors of mental health, mental retardation and 4,407
developmental disabilities, health, and human JOB AND FAMILY 4,409
services, or their designees, shall serve as ex officio members 4,410
of the council. The council shall carry out its role as defined 4,411
under the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 4,412
3001, as amended.
At the first meeting of the council, and annually 4,414
thereafter, the members shall select one of their members to 4,415
serve as chairman CHAIRPERSON and one of their members to serve 4,416
as vice-chairman VICE-CHAIRPERSON. 4,417
(B) Members of the council shall be appointed for a term 4,419
of three years, except that for the first appointment members of 4,420
the Ohio commission on aging who were serving on the commission 4,421
immediately prior to July 26, 1984, shall become members of the 4,422
council for the remainder of their unexpired terms. Thereafter, 4,423
appointment to the council shall be for a three-year term by the 4,424
governor. Each member shall hold office from the date of his 4,425
appointment until the end of the term for which he THE MEMBER was 4,427
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his THE MEMBER'S 4,428
104
predecessor was appointed shall hold office for the remainder of 4,430
the term. Any member may continue in office subsequent to the 4,431
expiration date of his THE MEMBER'S term until his A successor 4,432
takes office and shall be compensated for the period he serves 4,434
SERVED between the expiration of his THE MEMBER'S term and the 4,435
beginning of his THE successor's term. 4,436
(C) Membership of the council shall represent all areas of 4,438
Ohio and shall be as follows: 4,439
(1) A majority of members of the council shall have 4,441
attained the age of sixty and have a knowledge of and continuing 4,442
interest in the affairs and welfare of the older citizens of 4,443
Ohio. The fields of business, labor, health, law, and human 4,444
services shall be represented in the membership. 4,445
(2) No more than seven members shall be of the same 4,447
political party. 4,448
(D) Any member of the council may be removed from office 4,450
by the governor for neglect of duty, misconduct, or malfeasance 4,451
in office after being informed in writing of the charges and 4,452
afforded an opportunity for a hearing. Two consecutive unexcused 4,453
absences from regularly scheduled meetings constitute neglect of 4,454
duty. 4,455
(E) Members of the council shall be compensated at the 4,457
rate of fifty dollars for each day actually employed in the 4,458
discharge of official duties but not to exceed two thousand 4,459
dollars per year and in addition shall be allowed actual and 4,460
necessary expenses. 4,461
(F) Council members are not limited as to the number of 4,463
terms they may serve. 4,464
(G) Council members shall not be interested directly or 4,466
indirectly in any contract awarded by the department of aging. 4,467
Sec. 173.17. (A) The state long-term care ombudsperson 4,477
shall do all of the following: 4,478
(1) Appoint a staff and direct and administer the work of 4,480
the staff; 4,481
105
(2) Supervise the nursing home investigative unit 4,483
established under division (I) of section 173.01 of the Revised 4,484
Code; 4,485
(3) Oversee the performance and operation of the office of 4,487
the state long-term care ombudsperson program, including the 4,489
operation of regional long-term care ombudsperson programs; 4,491
(4) Establish and maintain a statewide uniform reporting 4,493
system to collect and analyze information relating to complaints 4,494
and conditions in long-term care facilities and complaints 4,495
regarding the provision of community-based long-term care 4,496
services for the purpose of identifying and resolving significant 4,497
problems; 4,498
(5) Provide for public forums to discuss concerns and 4,500
problems relating to action, inaction, or decisions that may 4,501
adversely affect the health, safety, welfare, or rights of 4,502
residents and recipients of services by providers of long-term 4,503
care and their representatives, public agencies and entities, and 4,504
social service agencies. This may include any of the following: 4,505
conducting public hearings; sponsoring workshops and conferences; 4,506
holding meetings for the purpose of obtaining information about 4,507
residents and recipients, discussing and publicizing their needs, 4,508
and advocating solutions to their problems; and promoting the 4,509
development of citizen organizations. 4,510
(6) Encourage, cooperate with, and assist in the 4,512
development and operation of services to provide current, 4,513
objective, and verified information about long-term care; 4,514
(7) Develop and implement, with the assistance of regional 4,516
programs, a continuing program to publicize, through the media 4,517
and civic organizations, the office, its purposes, and its 4,518
methods of operation; 4,519
(8) Maintain written descriptions of the duties and 4,521
qualifications of representatives of the office; 4,522
(9) Evaluate and make known concerns and issues regarding 4,524
long-term care by doing all of the following: 4,525
106
(a) Preparing an annual report containing information and 4,527
findings regarding the types of problems experienced by residents 4,528
and recipients and the complaints made by or on behalf of 4,529
residents and recipients. The report shall include 4,530
recommendations for policy, regulatory, and legislative changes 4,531
to solve problems, resolve complaints, and improve the quality of 4,532
care and life for residents and recipients and shall be submitted 4,533
to the governor, the speaker of the house of representatives, the 4,534
president of the senate, the directors of the departments of 4,535
health and human OF JOB AND FAMILY services, and the commissioner 4,537
of the administration on aging of the United States department of
health and human services. 4,539
(b) Monitoring and analyzing the development and 4,541
implementation of federal, state, and local laws, rules, and 4,542
policies regarding long-term care services in this state and 4,543
recommending to officials changes the office considers 4,544
appropriate in these laws, rules, and policies; 4,545
(c) Providing information and making recommendations to 4,547
public agencies, members of the general assembly, and others 4,548
regarding problems and concerns of residents and recipients. 4,549
(10) Conduct training for employees and volunteers on 4,551
ombudsperson's staff and for representatives of the office 4,553
employed by regional programs; 4,554
(11) Monitor the training of representatives of the office 4,556
who provide volunteer services to regional programs, and provide 4,557
technical assistance to the regional programs in conducting the 4,558
training; 4,559
(12) Issue certificates attesting to the successful 4,561
completion of training and specifying the level of responsibility 4,562
for which a representative of the office who has completed 4,563
training is qualified; 4,564
(13) Register as a residents' rights advocate with the 4,566
department of health under division (B) of section 3701.07 of the 4,567
Revised Code; 4,568
107
(14) Perform other duties specified by the department of 4,570
aging. 4,571
(B) The state ombudsperson may delegate any of the 4,574
ombudsperson's authority or duties under sections 173.14 to 4,575
173.26 of the Revised Code to any member of the ombudsperson's 4,577
staff. The state ombudsperson is responsible for any authority 4,579
or duties the ombudsperson delegates.
Sec. 173.35. (A) As used in this section, "PASSPORT 4,588
administrative agency" means an entity under contract with the 4,589
department of aging to provide administrative services regarding 4,590
the PASSPORT program created under section 173.40 of the Revised 4,592
Code.
(B) The department of aging shall administer the 4,595
residential state supplement program under which the state
supplements the supplemental security income payments received by 4,596
aged, blind, or disabled adults under Title XVI of the "Social 4,597
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 4,598
Residential state supplement payments shall be used for the 4,599
provision of accommodations, supervision, and personal care 4,600
services to supplemental security income recipients who the 4,601
department determines are at risk of needing institutional care. 4,602
(C) For an individual to be eligible for residential state 4,605
supplement payments, all of the following must be the case: 4,607
(1) Except as provided by division (G) of this section, 4,609
the individual must reside in one of the following: 4,610
(a) An adult foster home certified under section 173.36 of 4,612
the Revised Code; 4,613
(b) A home or facility, other than a nursing home or 4,615
nursing home unit of a home for the aging, licensed by the 4,616
department of health under Chapter 3721. or 3722. of the Revised 4,618
Code;
(c) A community alternative home licensed under section 4,620
3724.03 of the Revised Code; 4,621
(d) A residential facility as defined in division 4,623
108
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 4,624
the department of mental health; 4,625
(e) An apartment or room used to provide community mental 4,627
health housing services certified by the department of mental 4,628
health under division (M) of section 5119.61 of the Revised Code 4,629
and approved by a board of alcohol, drug addiction, and mental 4,630
health services under division (A)(13) of section 340.03 of the 4,631
Revised Code. 4,632
(2) Effective July 1, 2000, a PASSPORT administrative 4,636
agency must have determined that the environment in which the
individual will be living while receiving the payments is 4,637
appropriate for the individual's needs. If the individual is 4,638
eligible for supplemental security income payments or social 4,639
security disability insurance benefits because of a mental 4,640
disability, the PASSPORT administrative agency shall refer the 4,641
individual to a community mental health agency for the community 4,642
mental health agency to issue in accordance with section 340.091 4,643
of the Revised Code a recommendation on whether the PASSPORT
administrative agency should determine that the environment in 4,644
which the individual will be living while receiving the payments 4,645
is appropriate for the individual's needs. Division (C)(2) of 4,646
this section does not apply to an individual receiving 4,647
residential state supplement payments on June 30, 2000, until the 4,648
individual's first eligibility redetermination after that date. 4,649
(3) The individual satisfies all eligibility requirements 4,651
established by rules adopted under division (D) of this section. 4,652
(D) The departments DIRECTORS of aging and human JOB AND 4,655
FAMILY services shall adopt rules in accordance with section 4,657
111.15 of the Revised Code as necessary to implement the 4,659
residential state supplement program.
To the extent permitted by Title XVI of the "Social 4,662
Security Act," and any other provision of federal law, the 4,663
department DIRECTOR of human JOB AND FAMILY services shall adopt 4,665
rules establishing standards for adjusting the eligibility
109
requirements concerning the level of impairment a person must 4,667
have so that the amount appropriated for the program by the 4,668
general assembly is adequate for the number of eligible
individuals. The rules shall not limit the eligibility of 4,669
disabled persons solely on a basis classifying disabilities as 4,670
physical or mental. The department DIRECTOR of human JOB AND 4,671
FAMILY services also shall adopt rules that establish eligibility 4,673
standards for aged, blind, or disabled individuals who reside in 4,674
one of the homes or facilities specified in division (C)(1) of 4,676
this section but who, because of their income, do not receive 4,678
supplemental security income payments. The rules may provide 4,679
that these individuals may include individuals who receive other 4,680
types of benefits, including social security disability insurance 4,681
benefits provided under Title II of the "Social Security Act," 49 4,683
Stat. 620 (1935), 42 U.S.C.A. 401, as amended. Notwithstanding 4,684
division (B) of this section, such payments may be made if funds 4,685
are available for them. 4,686
The department DIRECTOR of aging shall adopt rules 4,688
establishing the method to be used to determine the amount an 4,690
eligible individual will receive under the program. The amount 4,691
the general assembly appropriates for the program shall be a
factor included in the method that department establishes. 4,693
(E) The county department of human JOB AND FAMILY services 4,695
of the county in which an applicant for the residential state 4,699
supplement program resides shall determine whether the applicant 4,700
meets income and resource requirements for the program.
(F) The department of aging shall maintain a waiting list 4,702
of any individuals eligible for payments under this section but 4,704
not receiving them because moneys appropriated to the department 4,705
for the purposes of this section are insufficient to make 4,706
payments to all eligible individuals. An individual may apply to 4,707
be placed on the waiting list even though the individual does not 4,708
reside in one of the homes or facilities specified in division 4,709
(C)(1) of this section at the time of application. The 4,710
110
department DIRECTOR of aging, by rules adopted in accordance with 4,713
Chapter 119. of the Revised Code, shall specify procedures and 4,714
requirements for placing an individual on the waiting list. 4,715
Individuals on the waiting list who reside in a community setting 4,716
not required to be licensed or certified shall have their
eligibility for the payments assessed before other individuals on 4,717
the waiting list. 4,718
(G) An individual in a licensed or certified living 4,720
arrangement receiving state supplementation on November 15, 1990, 4,721
under former section 5101.531 of the Revised Code shall not 4,722
become ineligible for payments under this section solely by 4,723
reason of the individual's living arrangement as long as the 4,725
individual remains in the living arrangement in which the 4,726
individual resided on November 15, 1990.
(H) The department of aging shall notify each person 4,728
denied approval for payments under this section of the person's 4,730
right to a hearing. On request, the hearing shall be provided by
the department of human JOB AND FAMILY services in accordance 4,731
with section 5101.35 of the Revised Code. 4,733
Sec. 173.40. There is hereby created a program to be known 4,742
as the preadmission screening system providing options and 4,743
resources today program, or PASSPORT. Through the medical 4,744
assistance program established under Chapter 5111. of the Revised 4,746
Code, the program shall provide home and community-based services 4,747
as an alternative to nursing facility placement for aged and
disabled persons. The program shall be operated pursuant to a 4,748
home and community-based waiver granted by the United States 4,749
secretary of health and human services under section 1915 of the 4,750
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as 4,751
amended. The department of aging shall administer the program. 4,752
The department of aging shall enter into an interagency agreement
with the department of human JOB AND FAMILY services regarding 4,753
services provided under the program to recipients of medical 4,755
assistance under Chapter 5111. of the Revised Code. The 4,756
111
departments DIRECTORS of aging and human JOB AND FAMILY services 4,757
shall adopt rules in accordance with Chapter 119. of the Revised 4,758
Code to implement the program.
Sec. 176.05. (A)(1) Notwithstanding any provision of law 4,767
to the contrary, the rate of wages payable for the various 4,768
occupations covered by sections 4115.03 to 4115.16 of the Revised 4,769
Code to persons employed on a project who are not any of the 4,771
following shall be determined according to this section:
(a) Qualified volunteers; 4,773
(b) Persons required to participate in a work activity, 4,776
developmental activity, or alternative work activity under
sections 5107.40 to 5107.69 of the Revised Code except those 4,778
engaged in paid employment or subsidized employment pursuant to 4,779
the activity;
(c) Food stamp benefit recipients required to participate 4,781
in employment and training activities established by rules 4,782
adopted under section 5101.54 of the Revised Code. 4,783
An association representing the general contractors or 4,786
subcontractors that engage in the business of residential 4,787
construction in a certain locality shall negotiate with the 4,788
applicable building and construction trades council in that 4,789
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that 4,790
locality, for each of the occupations employed on those projects. 4,791
(2) Notwithstanding any residential prevailing rate of 4,793
wages established prior to July 1, 1995, if, by October 1, 1995, 4,794
the parties are unable to agree under division (A)(1) of this 4,795
section as to the rate of wages payable for each occupation 4,796
covered by sections 4115.03 to 4115.16 of the Revised Code, the 4,797
administrator DIRECTOR of the bureau of employment services 4,798
COMMERCE shall establish the rate of wages payable for each 4,799
occupation.
(3) The residential prevailing rate of wages established 4,801
under division (A)(1) or (2) of this section shall not be equal 4,802
112
to or greater than the prevailing rate of wages determined by the 4,803
administrator DIRECTOR pursuant to sections 4115.03 to 4115.16 of 4,805
the Revised Code for any of the occupations covered by those 4,806
sections.
(B) Except for the prevailing rate of wages determined by 4,808
the administrator DIRECTOR pursuant to sections 4115.03 to 4,809
4115.16 of the Revised Code, those sections and section 4115.99 4,811
of the Revised Code apply to projects. 4,812
(C) The residential prevailing rate of wages established 4,814
under division (A) of this section is not payable to any 4,815
individual or member of that individual's family who provides 4,816
labor in exchange for acquisition of the property for 4,817
homeownership or who provides labor in place of or as a 4,818
supplement to any rental payments for the property. 4,819
(D) For the purposes of this section: 4,821
(1) "Project" means any construction, rehabilitation, 4,823
remodeling, or improvement of residential housing, whether on a 4,824
single or multiple site for which a person, as defined in section 4,825
1.59 of the Revised Code, or municipal corporation, county, or 4,826
township receives financing, that is financed in whole or in part 4,827
from state moneys or pursuant to this chapter, section 133.51 or 4,828
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 4,829
except for any of the following: 4,830
(a) The single-family mortgage revenue bonds homeownership 4,832
program under Chapter 175. of the Revised Code, including 4,833
owner-occupied dwellings of one to four units; 4,834
(b) Projects consisting of fewer than six units developed 4,836
by any entity that is not a nonprofit organization exempt from 4,837
federal income tax under section 501(c)(3) of the Internal 4,838
Revenue Code; 4,839
(c) Projects of fewer than twenty-five units developed by 4,841
any nonprofit organization that is exempt from federal income tax 4,842
under section 501(c)(3) of the Internal Revenue Code; 4,843
(d) Programs undertaken by any municipal corporation, 4,845
113
county, or township, including lease-purchase programs, using 4,846
mortgage revenue bond financing; 4,847
(e) Any individual project, that is sponsored or developed 4,849
by a nonprofit organization that is exempt from federal income 4,850
tax under section 501(c)(3) of the Internal Revenue Code, for 4,851
which the federal government or any of its agencies furnishes by 4,852
loan, grant, low-income housing tax credit, or insurance more 4,853
than twelve per cent of the costs of the project. For purposes 4,854
of division (D)(2)(e) of this section, the value of the 4,855
low-income housing tax credits shall be calculated as the 4,856
proceeds from the sale of the tax credits, less the costs of the 4,857
sale. 4,858
As used in division (D)(1)(e) of this section, "sponsored" 4,860
means that the general partner of a limited partnership owning 4,861
the project is either a nonprofit organization that is exempt 4,862
from federal income tax under section 501(c)(3) of the Internal 4,863
Revenue Code or a person, as defined in section 1.59 of the 4,864
Revised Code, in which such a nonprofit organization maintains 4,865
controlling interest. 4,866
Nothing in division (D)(1)(e) of this section shall be 4,868
construed as permitting unrelated projects to be combined for the 4,869
sole purpose of determining the total percentage of project costs 4,870
furnished by the federal government or any of its agencies. 4,871
(2) A "project" is a "public improvement" and the state or 4,873
a political subdivision that undertakes or participates in the 4,874
financing of a project is a "public authority," as both of the 4,875
last two terms are defined in section 4115.03 of the Revised 4,876
Code. 4,877
(3) "Qualified volunteers" are volunteers who are working 4,879
without compensation for a nonprofit organization that is exempt 4,880
from federal income tax under section 501(c)(3) of the Internal 4,881
Revenue Code, and that is providing housing or housing assistance 4,882
only to families and individuals in a county whose incomes are 4,883
not greater than one hundred forty per cent of the median income 4,884
114
of that county as determined under section 175.23 of the Revised 4,885
Code. 4,886
Sec. 307.01. (A) A courthouse, jail, public comfort 4,895
station, offices for county officers, and a county home shall be 4,896
provided by the board of county commissioners when, in its 4,897
judgment, any of them are needed. The buildings and offices 4,898
shall be of such style, dimensions, and expense as the board 4,899
determines. All new jails and renovations to existing jails 4,900
shall be designed, and all existing jails shall be operated in 4,901
such a manner as to comply substantially with the minimum 4,902
standards for jails in Ohio adopted by the department of 4,904
rehabilitation and correction. The board shall also provide 4,905
equipment, stationery, and postage, as it considers reasonably 4,906
necessary for the proper and convenient conduct of county 4,907
offices, and such facilities as will result in expeditious and 4,908
economical administration of such offices, except that, for the 4,909
purpose of obtaining federal or state reimbursement, the board 4,910
may impose on the public children services agency reasonable 4,911
charges, not exceeding the amount for which reimbursement will be 4,914
made and consistent with cost-allocation standards adopted by the 4,915
department of human JOB AND FAMILY services, for the provision of 4,917
office space, supplies, stationery, utilities, telephone use, 4,918
postage, and general support services.
The board of county commissioners shall provide all rooms, 4,920
fireproof and burglarproof vaults, safes, and other means of 4,921
security in the office of the county treasurer that are necessary 4,922
for the protection of public moneys and property in the office. 4,923
(B) The court of common pleas shall annually submit a 4,925
written request for an appropriation to the board of county 4,926
commissioners that shall set forth estimated administrative 4,927
expenses of the court that the court considers reasonably 4,928
necessary for its operation. The board shall conduct a public 4,929
hearing with respect to the written request submitted by the 4,930
court and shall appropriate the amount of money each year that it 4,931
115
determines, after conducting the public hearing and considering 4,932
the written request of the court, is reasonably necessary to meet 4,933
all administrative expenses of the court. 4,934
If the court considers the appropriation made by the board 4,936
pursuant to this division insufficient to meet all the 4,937
administrative expenses of the court, it shall commence an action 4,938
under Chapter 2731. of the Revised Code in the court of appeals 4,939
for the judicial district for a determination of the duty of the 4,940
board of county commissioners to appropriate the amount of money 4,941
in dispute. The court of appeals shall give priority to the 4,942
action filed by the court of common pleas over all cases pending 4,943
on its docket. The burden shall be on the court of common pleas 4,944
to prove that the appropriation requested is reasonably necessary 4,945
to meet all its administrative expenses. If, prior to the filing 4,946
of an action under Chapter 2731. of the Revised Code or during 4,947
the pendency of the action, any judge of the court exercises the 4,948
contempt power of the court of common pleas in order to obtain 4,949
the amount of money in dispute, the judge shall not order the 4,950
imprisonment of any member of the board of county commissioners 4,951
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 4,952
(C) Division (B) of this section does not apply to 4,954
appropriations for the probate court or the juvenile court that 4,955
are subject to section 2101.11 or 2151.10 of the Revised Code. 4,956
Sec. 307.441. (A) The board of county commissioners of 4,965
each county may procure a policy or policies of insurance 4,966
insuring the county recorder and the clerk of the court of common 4,967
pleas and their deputies against liability on account of errors 4,968
or omissions unknowingly made by them and for which they may be 4,969
held liable. 4,970
The policy or policies of insurance shall be in an amount 4,972
of not less than fifty thousand dollars. 4,973
(B) The board of county commissioners of each county may 4,975
procure a policy or policies of insurance insuring the sheriff 4,976
and his deputies against liability arising from the performance 4,977
116
of their official duties. 4,978
(C) The board of county commissioners of each county may 4,980
procure a policy or policies of insurance insuring the 4,981
prosecuting attorney and assistant prosecuting attorneys against 4,982
liability arising from the performance of their official duties. 4,983
(D) The board of county commissioners of each county may 4,985
procure a policy or policies of insurance insuring the coroner, 4,986
county engineer, county auditor, each county commissioner, and 4,987
the county treasurer and their assistants against liability 4,988
arising from the performance of their official duties. 4,989
(E) The board of county commissioners of each county may 4,991
procure a policy or policies of insurance insuring any county 4,992
employee against liability arising from the performance of his 4,993
official duties. 4,994
(F) If the board of county commissioners of any county 4,996
procures a policy or policies of insurance insuring any county 4,997
official against liability arising from the performance of his 4,998
official duties as provided by divisions (A) to (D) of this 4,999
section, it shall not refuse to procure a policy or policies of 5,000
insurance insuring any other county official as authorized in 5,001
those divisions, if such policy or policies are reasonably 5,002
available. 5,003
(G) The board of county commissioners of any county may 5,005
procure a policy or policies of insurance insuring the county 5,006
director of human JOB AND FAMILY services, county department of 5,007
human JOB AND FAMILY services employees, or foster parents 5,010
associated with the county department of human JOB AND FAMILY 5,011
services, against liability arising from the performance of their 5,012
official duties. 5,013
(H) The board of county commissioners of each county may 5,015
procure a policy or policies of insurance insuring the county 5,016
public defender and the members of the county public defender 5,017
commission against liability arising from the performance of 5,018
their official duties. A joint board of county commissioners 5,019
117
formed pursuant to section 120.23 of the Revised Code may, in 5,020
accordance with the agreement of the participating boards of 5,021
county commissioners, procure a policy or policies of insurance 5,022
insuring the joint county public defender and the members of the 5,023
joint county public defender commission against liability arising 5,024
from the performance of their official duties. 5,025
(I) The board of county commissioners of each county may 5,027
procure a policy or policies of insurance insuring the judges of 5,028
the court of common pleas and any county court in the county, and 5,029
the employees of those courts, against liability arising from the 5,030
performance of their official duties. 5,031
Sec. 307.98. Each board of county commissioners shall 5,041
enter into a written partnership agreement with the director of 5,042
human JOB AND FAMILY services in accordance with section 5101.21 5,043
of the Revised Code. Prior to entering into or substantially 5,045
amending the agreement, the board shall conduct a public hearing 5,046
and consult with the county human FAMILY services planning 5,047
committee established under section 329.06 of the Revised Code. 5,048
Through the hearing and consultation, the board shall obtain 5,049
comments and recommendations concerning what would be the 5,050
county's obligations and responsibilities under the agreement or 5,051
amendment. As evidence that the board consulted with the county 5,052
human FAMILY services planning committee, the committee's chair 5,054
shall sign a letter confirming that the consultation occurred, 5,055
which shall be attached to the partnership agreement and any 5,056
substantial amendments to the agreement.
Sec. 329.01. In each county there shall be a county 5,065
department of human JOB AND FAMILY services which, when so 5,066
established, shall be governed by this chapter. The department 5,069
shall consist of a county director of human JOB AND FAMILY 5,070
services appointed by the board of county commissioners, and such 5,071
assistants and other employees as are necessary for the efficient 5,073
performance of the human services FUNCTIONS of the county 5,074
DEPARTMENT. Before entering upon the discharge of the director's 5,076
118
official duties, the director shall give a bond, conditioned for 5,077
the faithful performance of those official duties, in such sum as 5,079
fixed by the board. The director may require any assistant or 5,080
employee under the director's jurisdiction to give a bond in such 5,081
sum as determined by the board. All bonds given under this 5,083
section shall be with a surety or bonding company authorized to 5,084
do business in this state, conditioned for the faithful 5,085
performance of the duties of such director, assistant, or 5,086
employee. The expense or premium for any bond required by this 5,087
section shall be paid from the appropriation for administrative 5,088
expenses of the department. Such bond shall be deposited with the 5,089
county treasurer and kept in the treasurer's office. 5,090
As used in the Revised Code: 5,092
(A) "County department of human JOB AND FAMILY services" 5,095
means the county department of human JOB AND FAMILY services 5,097
established under this section, including an entity designated a 5,098
county department of human JOB AND FAMILY services under section 5,099
307.981 of the Revised Code. 5,100
(B) "County director of human JOB AND FAMILY services" 5,102
means the county director of human JOB AND FAMILY services 5,103
appointed under this section. 5,105
Sec. 329.02. Under the control and direction of the board 5,114
of county commissioners, the county director of human JOB AND 5,115
FAMILY services shall have full charge of the county department 5,117
of human JOB AND FAMILY services. The director shall prepare the 5,119
annual budget estimate of the department and submit it to the 5,121
board of county commissioners. Before submitting the budget 5,122
estimate to the board of county commissioners, the director shall 5,123
consider the recommendations of the county human FAMILY services 5,124
planning committee relative to such estimate. The director, with 5,126
the approval of the board of county commissioners, shall appoint 5,127
all necessary assistants and superintendents of institutions 5,128
under the jurisdiction of the department, and all other employees 5,129
of the department, excepting that the superintendent of each such 5,130
119
institution shall appoint all employees therein and only the 5,131
board of county commissioners may appoint administrators under 5,132
section 329.021 of the Revised Code. Except for administrators 5,133
appointed under section 329.021 of the Revised Code, the 5,134
assistants and other employees of the department shall be in the 5,135
classified civil service, and may not be placed in or removed to 5,136
the unclassified service. If no eligible list is available, 5,137
provisional appointment shall be made until such eligible list is 5,138
available.
Each director appointed on or after the effective date of 5,140
this amendment shall be in the unclassified civil service and 5,141
serve at the pleasure of the board of county commissioners. If a 5,142
person holding a classified position in the department is 5,143
appointed as director on or after the effective date of this 5,144
amendment and is later removed by the board, except for a reason 5,145
listed in section 124.34 of the Revised Code, the person so 5,146
removed has the right to resume the position the person held in 5,148
the classified service immediately prior to being appointed as 5,149
director, or if that position no longer exists or has become an 5,150
unclassified position, the person shall be appointed to a
position in the classified service that the board, with the 5,151
approval of the director of administrative services, determines 5,152
is equivalent to the position the person held immediately prior 5,153
to being appointed as director. 5,154
The board of county commissioners, except as provided in 5,156
this chapter, may provide by resolution for the coordination of 5,159
the operations of the department and those of any county 5,160
institution whose board or managing officer is appointed by the 5,161
board of county commissioners. 5,162
The board of county commissioners may enter into a written 5,164
contract with a county director of human JOB AND FAMILY services 5,165
specifying terms and conditions of the director's employment. 5,167
The period of the contract shall not exceed three years. In 5,168
addition to any review specified in such a contract, the contract
120
shall be subject to review and renegotiation for a period of 5,169
thirty days, from the sixtieth to the ninetieth days after the 5,170
beginning of the term of any newly elected commissioner. Such a 5,171
contract shall in no way abridge the right of the board to 5,172
terminate the employment of the director as an unclassified
employee at will, but may specify terms and conditions of any 5,173
such termination. 5,174
Sec. 329.021. The board of county commissioners serving a 5,183
county with a population of more than one million people may, in 5,184
addition to the county director of human JOB AND FAMILY services, 5,185
appoint not more than five administrators to oversee services 5,187
provided by the county department of human JOB AND FAMILY 5,188
services. The administrators shall be in the unclassified civil 5,189
service and serve at the pleasure of the board of county 5,190
commissioners.
Sec. 329.022. Within the appropriation for personal 5,199
services, each county department of human JOB AND FAMILY services 5,201
may employ the necessary employees who, except for the county 5,202
director of human JOB AND FAMILY services as provided in section 5,203
329.02 of the Revised Code, shall be in the classified service. 5,206
Compensation for positions in each service, group, or grade 5,207
established by the director of administrative services shall not 5,209
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 5,210
of human JOB AND FAMILY services shall cooperate with the 5,212
director in establishing the qualifications of persons to be 5,213
employed and the classification and rates of compensation of
county department employees. 5,214
Sec. 329.023. Each county department of human JOB AND 5,223
FAMILY services shall have hours of operation outside the county 5,225
department's normal hours of operation during which the county 5,226
department will accept from employed individuals applications for 5,227
the programs administered by the county department and assist
employed program recipients and participants with matters related 5,228
121
to the programs.
Sec. 329.03. (A) As used in this section: 5,237
(1) "Applicant" or "recipient" means an applicant for or 5,239
participant in the Ohio works first program established under 5,241
Chapter 5107. of the Revised Code or an applicant for or 5,243
recipient of disability assistance under Chapter 5115. of the 5,244
Revised Code.
(2) "Voluntary direct deposit" means a system established 5,246
pursuant to this section under which cash assistance payments to 5,247
recipients who agree to direct deposit are made by direct deposit 5,248
by electronic transfer to an account in a financial institution 5,249
designated under this section. 5,250
(3) "Mandatory direct deposit" means a system established 5,252
pursuant to this section under which cash assistance payments to 5,253
all participants in the Ohio works first program or recipients of 5,255
disability assistance, other than those exempt under division (E) 5,257
of this section, are made by direct deposit by electronic 5,258
transfer to an account in a financial institution designated 5,259
under this section.
(B) A board of county commissioners may by adoption of a 5,261
resolution require the county department of human JOB AND FAMILY 5,262
services to establish a direct deposit system for distributing 5,264
cash assistance payments under Ohio works first, disability 5,266
assistance, or both, unless the director of human JOB AND FAMILY 5,267
services has provided for those payments to be made by electronic 5,269
benefit transfer pursuant to section 5101.33 of the Revised Code. 5,270
Voluntary or mandatory direct deposit may be applied to either of 5,271
the programs. The resolution shall specify for each program for 5,273
which direct deposit is to be established whether direct deposit 5,274
is voluntary or mandatory. The board may require the department 5,275
to change or terminate direct deposit by adopting a resolution to 5,276
change or terminate it. Within ninety days after adopting a 5,277
resolution under this division, the board shall certify one copy 5,278
of the resolution to the state director of human JOB AND FAMILY 5,279
122
services and one copy to the office of budget and management. 5,281
The state department DIRECTOR of human JOB AND FAMILY services 5,283
may adopt rules governing establishment of direct deposit by 5,285
county departments of human JOB AND FAMILY services.
The county department of human JOB AND FAMILY services 5,287
shall determine what type of account will be used for direct 5,289
deposit and negotiate with financial institutions to determine 5,290
the charges, if any, to be imposed by a financial institution for 5,291
establishing and maintaining such accounts. Under voluntary 5,292
direct deposit, the county department of human JOB AND FAMILY 5,293
services may pay all charges imposed by a financial institution 5,295
for establishing and maintaining an account in which direct 5,296
deposits are made for a recipient. Under mandatory direct 5,297
deposit, the county department of human JOB AND FAMILY services 5,298
shall pay all charges imposed by a financial institution for 5,300
establishing and maintaining such an account. No financial 5,301
institution shall impose any charge for such an account that the 5,302
institution does not impose on its other customers for the same 5,303
type of account. Direct deposit does not affect the exemption of 5,304
Ohio works first and disability assistance from attachment, 5,305
garnishment, or other like process afforded by sections 5107.75 5,306
and 5115.07 of the Revised Code. 5,307
(C) The county department of human JOB AND FAMILY services 5,309
shall, within sixty days after a resolution requiring the 5,311
establishment of direct deposit is adopted, establish procedures 5,312
governing direct deposit. 5,313
Within one hundred eighty days after the resolution is 5,315
adopted, the county department shall: 5,316
(1) Inform each applicant or recipient of the procedures 5,318
governing direct deposit, including in the case of voluntary 5,319
direct deposit those that prescribe the conditions under which a 5,320
recipient may change from one method of payment to another; 5,321
(2) Obtain from each applicant or recipient an 5,323
authorization form to designate a financial institution equipped 5,326
123
for and authorized by law to accept direct deposits by electronic 5,327
transfer and the account into which the applicant or recipient 5,328
wishes the payments to be made, or in the case of voluntary 5,329
direct deposit states the applicant's or recipient's election to 5,330
receive such payments in the form of a paper warrant. 5,332
The department may require a recipient to complete a new 5,334
authorization form whenever the department considers it 5,335
necessary. 5,336
A recipient's designation of a financial institution and 5,338
account shall remain in effect until withdrawn in writing or 5,339
dishonored by the financial institution, except that no change 5,340
may be made in the authorization form until the next eligibility 5,341
redetermination of the recipient unless the department feels that 5,342
good grounds exist for an earlier change. 5,343
(D) An applicant or recipient without an account who 5,345
either agrees or is required to receive payments by direct 5,346
deposit shall have ten days after receiving the authorization 5,347
form to designate an account suitable for direct deposit. If 5,348
within the required time the applicant or recipient does not make 5,349
the designation or requests that the department make the 5,351
designation, the department shall designate a financial 5,353
institution and help the recipient to open an account. 5,354
(E) At the time of giving an applicant or recipient the 5,356
authorization form, the county department of human JOB AND FAMILY 5,358
services of a county with mandatory direct deposit shall inform 5,360
each applicant or recipient of the basis for exemption and the 5,361
right to request exemption from direct deposit. 5,362
Under mandatory direct deposit, an applicant or recipient 5,364
who wishes to receive payments in the form of a paper warrant 5,365
shall record on the authorization form a request for exemption 5,366
under this division and the basis for the exemption. 5,367
The department shall exempt from mandatory direct deposit 5,369
any recipient who requests exemption and is any of the following: 5,370
(1) Over age sixty-five; 5,372
124
(2) Blind or disabled; 5,374
(3) Likely, in the judgment of the department, to be 5,376
caused personal hardship by direct deposit. 5,377
A recipient granted an exemption under this division shall 5,379
receive payments for which the recipient is eligible in the form 5,380
of paper warrants. 5,381
(F) The county department of human JOB AND FAMILY services 5,383
shall bear the full cost of the amount of any replacement warrant 5,385
issued to a recipient for whom an authorization form as provided 5,386
in this section has not been obtained within one hundred eighty 5,387
days after the later of the date the board of county 5,388
commissioners adopts a resolution requiring payments of financial 5,389
assistance by direct deposit to accounts of recipients of Ohio 5,391
works first or disability assistance or the date the recipient 5,392
made application for assistance, and shall not be reimbursed by 5,393
the state for any part of the cost. Thereafter, the county 5,394
department of human JOB AND FAMILY services shall continue to 5,396
bear the full cost of each replacement warrant issued until the 5,397
board of county commissioners requires the county department of 5,398
human JOB AND FAMILY services to obtain from each such recipient 5,400
the authorization forms as provided in this section.
Sec. 329.041. In each county in which there is a county 5,409
transit board established by section 306.01 of the Revised Code, 5,410
a county transit system operated under that section, or a 5,411
regional transit authority created under section 306.32 of the 5,412
Revised Code, the county department of human JOB AND FAMILY 5,413
services shall meet not less than once each calendar quarter with 5,415
transit representatives of the board, system, or authority. The 5,416
department and transit representatives shall discuss the 5,417
transportation needs of the county's Ohio works first 5,418
participants, review existing efforts and develop new options to 5,419
meet those needs, and measure the accomplishments of those 5,420
efforts.
Sec. 329.042. The county department of human JOB AND 5,429
125
FAMILY services shall certify public assistance and nonpublic 5,431
assistance households eligible under the "Food Stamp Act of 5,432
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and federal and 5,433
state regulations adopted pursuant to such act, to enable 5,434
low-income households to participate in the food stamp program 5,435
and thereby to purchase foods having a greater monetary value 5,436
than is possible under public assistance standard allowances or 5,437
other low-income budgets. 5,438
The county department of human JOB AND FAMILY services 5,440
shall administer the distribution of food stamp coupons under the 5,442
supervision of the department of human JOB AND FAMILY services. 5,443
Such coupons shall be distributed by mail in accordance with 5,445
sections 5101.541, 5101.542, and 5101.543 of the Revised Code, or 5,446
by some alternative method approved by the department of human 5,447
JOB AND FAMILY services in accordance with the "Food Stamp Act of 5,449
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and regulations 5,450
issued thereunder.
The document referred to as the 5,452
"authorization-to-participate card," which shows the face value 5,453
of the coupon allotment an eligible household is entitled to 5,454
receive on presentment of the document, shall be issued, 5,455
immediately upon certification, to a household determined under 5,456
division (C) of section 5101.54 of the Revised Code to be in 5,457
immediate need of food assistance by being personally handed by a 5,458
member of the staff of the county department of human JOB AND 5,459
FAMILY services to the member of the household in whose name 5,461
application was made for participation in the program or his THE 5,462
authorized representative OF SUCH MEMBER OF THE HOUSEHOLD. 5,463
Sec. 329.051. The county department of human JOB AND 5,472
FAMILY services shall make voter registration applications as 5,474
prescribed by the secretary of state under section 3503.10 of the 5,475
Revised Code available to persons who are applying for, receiving 5,476
assistance from, or participating in any of the following: 5,477
(A) The disability assistance program established under 5,480
126
Chapter 5115. of the Revised Code;
(B) The medical assistance program established under 5,482
Chapter 5111. of the Revised Code; 5,483
(C) The Ohio works first program established under Chapter 5,485
5107. of the Revised Code; 5,486
(D) The prevention, retention, and contingency program 5,488
established under Chapter 5108. of the Revised Code. 5,489
Sec. 329.07. As used in this section, "Ohio works first" 5,498
and "Title IV-A" have the same meanings as in section 5107.02 of 5,500
the Revised Code.
Each county department of human JOB AND FAMILY services 5,502
shall have at least one Ohio works first ombudsperson. A county 5,504
department may provide for an Ohio works first participant who 5,505
resides in the county the county department serves and is 5,506
qualified to perform the duties of an ombudsperson to be an 5,507
ombudsperson. If no Ohio works first participant residing in the 5,508
county the county department serves is qualified to perform the 5,509
duties of an ombudsperson, the county department shall provide
for one or more employees of the county department to be 5,510
ombudspersons or contract with a person or government entity for 5,512
the person or entity to perform the duties of an ombudsperson for 5,513
the county department. To the extent permitted by federal law, 5,514
the county department may use funds available under Title IV-A to 5,515
provide for county department employees or a person or government 5,516
entity under contract with the county department to perform the 5,517
duties of an ombudsperson.
An Ohio works first ombudsperson shall help Ohio works 5,519
first applicants and participants resolve complaints the 5,520
applicants and participants have about the administration of Ohio 5,521
works first and help participants contact caseworkers for the 5,522
purpose of scheduling meetings under section 5107.161 of the 5,523
Revised Code.
Sec. 329.10. All the property, records, files, and other 5,532
documents and papers used in and necessary for the performance of 5,533
127
the functions belonging to or in the possession of any board, 5,534
agency, or department, the powers and duties of which are 5,535
transferred to the county department of human JOB AND FAMILY 5,536
services, and the proceeds of all tax levies in process of 5,538
collection for the use of such boards, agencies, or departments 5,539
shall be transferred to the county department of human JOB AND 5,540
FAMILY services, when established. At the time the exercise of 5,542
any powers and duties of any other board, agency, or department 5,543
are transferred to the county department of human JOB AND FAMILY 5,544
services, or to any other board, agency, or department, all the 5,546
property, records, files, and other documents and papers, the 5,547
unexpended balances of all current appropriations, and the 5,548
unappropriated proceeds of all tax levies then in process of 5,549
collection for the use of such board, agency, or department shall 5,550
be deemed transferred to the board, agency, or department to 5,551
which such duties have been transferred.
Sec. 329.12. (A) A county department of human JOB AND 5,561
FAMILY services may establish an individual development account 5,563
program for residents of the county. The program shall provide 5,564
for establishment of accounts for participants and acceptance of
contributions from individuals and entities, including the county 5,566
department, to be used as matching funds for deposit in the
accounts. 5,567
(B) A county department shall select a fiduciary 5,570
organization to administer its individual development account 5,571
program. In selecting a fiduciary organization, the department 5,572
shall consider all of the following regarding the organization: 5,573
(1) Its ability to market the program to potential 5,575
participants and matching fund contributors; 5,576
(2) Its ability to invest money in the accounts in a way 5,579
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 5,581
ability to verify eligibility of individuals for participation in 5,582
the program, prevent unauthorized use of matching contributions, 5,584
128
and enforce any penalties for unauthorized uses that may be 5,585
provided for by rule adopted by the state department DIRECTOR of 5,586
human JOB AND FAMILY services under section 5101.971 of the 5,587
Revised Code; 5,588
(4) Its ability to provide financial counseling to 5,591
participants;
(5) Its affiliation with other activities designed to 5,593
increase the independence of individuals and families through 5,594
postsecondary education, home ownership, and business 5,595
development; 5,596
(6) Any other factor the county department considers 5,598
appropriate.
(C) At the time it commences the program and on the first 5,601
day of each subsequent program year, the county department may 5,602
make a grant to the fiduciary organization to pay all or part of 5,603
the administrative costs of the program.
(D) The county department shall require the fiduciary 5,606
organization to collect and maintain information regarding the 5,607
program, including all of the following: 5,608
(1) The number of accounts established; 5,610
(2) The amount deposited by each participant and the 5,613
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 5,615
including the number of participants who used funds for 5,616
postsecondary educational expenses and the institutions attended, 5,618
the number of personal residences purchased, and the number of 5,619
participants who used funds for business capitalization; 5,620
(4) The demographics of program participants; 5,622
(5) The number of participants who withdrew from the 5,624
program and the reasons for withdrawal. 5,625
(E) The county department shall prepare and file with the 5,628
state department of human JOB AND FAMILY services a semi-annual 5,630
SEMIANNUAL report containing the information the state department 5,631
DIRECTOR OF JOB AND FAMILY SERVICES requires by rule adopted 5,632
129
under section 5101.971 of the Revised Code, with the first report 5,634
being filed at the end of the six-month period following October 5,635
1, 1997.
Sec. 329.14. (A) An individual whose household income 5,645
does not exceed one hundred fifty per cent of the federal poverty 5,646
line is eligible to participate in an individual development 5,647
account program established by the county department of human JOB 5,648
AND FAMILY services of the county in which the individual 5,649
resides. An eligible individual seeking to be a participant in 5,651
the program shall enter into an agreement with the fiduciary 5,652
organization administering the program. The agreement shall 5,653
specify the terms and conditions of uses of funds deposited, 5,654
financial documentation required to be maintained by the 5,655
participant, expectations and responsibilities of the 5,656
participant, and services to be provided by the fiduciary 5,657
organization.
(B) A participant may deposit earned income, as defined in 5,660
26 U.S.C. 911(d)(2), as amended, into the account. The fiduciary 5,661
organization may deposit into the account an amount not exceeding 5,663
twice the amount deposited by the participant except that a 5,664
fiduciary organization may not, pursuant to an agreement with an 5,665
employer, deposit an amount into an account held by a participant 5,666
who is employed by the employer. An account may have no more 5,667
than ten thousand dollars in it at any time. 5,668
(C) Notwithstanding eligibility requirements established 5,670
in or pursuant to Chapter 5107., 5108., or 5111. of the Revised 5,671
Code, to the extent permitted by federal statutes and 5,673
regulations, money in an individual development account, 5,674
including interest, is exempt from consideration in determining 5,675
whether the participant or a member of the participant's 5,676
assistance group is eligible for assistance under Chapter 5107., 5,677
5108., or 5111. of the Revised Code and the amount of assistance 5,679
the participant or assistance group is eligible to receive. 5,680
(D)(1) Except as provided in division (D)(2) of this 5,683
130
section, an individual development account program participant 5,684
may use money in the account only for the following purposes: 5,686
(a) Postsecondary educational expenses paid directly from 5,689
the account to an eligible education institution or vendor; 5,690
(b) Qualified acquisition expenses of a principal 5,693
residence, as defined in 26 U.S.C. 1034, as amended, paid 5,694
directly from the account to the person or government entity to 5,695
which the expenses are due; 5,696
(c) Qualified business capitalization expenses made in 5,698
accordance with a qualified business plan that has been approved 5,699
by a financial institution or by a nonprofit microenterprise 5,700
program having demonstrated business expertise and paid directly 5,702
from the account to the person to whom the expenses are due. 5,704
(2) A fiduciary organization shall permit a participant to 5,707
withdraw money deposited by the participant if it is needed to 5,708
deal with a personal emergency of the participant or a member of 5,709
the participant's family or household. Withdrawal shall result 5,710
in the loss of any matching funds in an amount equal to the 5,711
amount of the withdrawal. 5,712
(3) Regardless of the reason for the withdrawal, a 5,714
withdrawal from an individual development account may be made 5,716
only with the approval of the fiduciary organization. 5,717
Sec. 331.02. A certificate of appointment to the county 5,726
facilities review board shall be issued to the persons appointed 5,727
under section 331.01 of the Revised Code, and a copy, giving full 5,728
names and addresses, shall be sent to the central office of the 5,729
department of human JOB AND FAMILY services. No person shall be 5,731
qualified to serve on the board who is in any manner officially 5,732
connected with any charitable or correctional institution within 5,733
the county supported wholly or partly at public expense. 5,734
Sec. 331.06. (A) Each year the county facilities review 5,743
board shall prepare a full report of its proceedings during the 5,744
year, with such recommendations as it considers advisable, file 5,745
such report with the probate judge and the prosecuting attorney 5,746
131
between the fifteenth day of November and the fifteenth day of 5,747
December, forward a copy thereof to the central office of the 5,748
department of human JOB AND FAMILY services, and send a copy of 5,750
that part of the report concerning correctional institutions to 5,751
the department of rehabilitation and correction. 5,752
(B) The probate judge may, in that judge's discretion, 5,754
order the publication of a summary of the annual report in a 5,756
newspaper of general circulation within the county. The cost of 5,757
such publication shall be paid by the county. 5,758
Sec. 742.41. (A) As used in this section: 5,767
(1) "Other system retirant" has the same meaning as in 5,769
section 742.26 of the Revised Code. 5,770
(2) "Personal history record" includes a member's, former 5,772
member's, or other system retirant's name, address, telephone 5,774
number, social security number, record of contributions, 5,775
correspondence with the Ohio police and fire pension fund, status 5,777
of any application for benefits, and any other information deemed 5,778
confidential by the trustees of the fund. 5,779
(B) The treasurer of state shall furnish annually to the 5,781
board of trustees of the fund a sworn statement of the amount of 5,782
the funds in the treasurer of state's custody belong BELONGING to 5,784
the Ohio police and fire pension fund. The records of the board 5,787
shall be open for public inspection except for the following, 5,788
which shall be excluded, except with the written authorization of 5,789
the individual concerned: 5,790
(1) The individual's personal history record; 5,792
(2) Any information identifying, by name and address, the 5,794
amount of a monthly allowance or benefit paid to the individual. 5,795
(C) All medical reports and recommendations required are 5,797
privileged, except that copies of such medical reports or 5,798
recommendations shall be made available to the personal 5,799
physician, attorney, or authorized agent of the individual 5,800
concerned upon written release received from the individual or 5,802
the individual's agent or, when necessary for the proper 5,803
132
administration of the fund, to the board-assigned physician. 5,804
(D) Any person who is a member of the fund or an other 5,806
system retirant shall be furnished with a statement of the amount 5,807
to the credit of the person's individual account upon the 5,809
person's written request. The board need not answer more than 5,810
one such request of a person in any one year. 5,811
(E) Notwithstanding the exceptions to public inspection in 5,813
division (B) of this section, the board may furnish the following 5,814
information: 5,815
(1) If a member, former member, or other system retirant 5,817
is subject to an order issued under section 2907.15 of the 5,818
Revised Code or is convicted of or pleads guilty to a violation 5,819
of section 2921.41 of the Revised Code, on written request of a 5,820
prosecutor as defined in section 2935.01 of the Revised Code, the 5,821
board shall furnish to the prosecutor the information requested 5,822
from the individual's personal history record. 5,823
(2) Pursuant to a court order issued under section 3113.21 5,825
of the Revised Code, the board shall furnish to a court or child 5,826
support enforcement agency the information required under that 5,827
section. 5,828
(3) At the request of any organization or association of 5,830
members of the fund, the board of trustees of the fund shall 5,831
provide a list of the names and addresses of members of the fund 5,832
and other system retirants. The board shall comply with the 5,833
request of such organization or association at least once a year 5,834
and may impose a reasonable charge for the list. 5,835
(4) Within fourteen days after receiving from the director 5,837
of human JOB AND FAMILY services a list of the names and social 5,838
security numbers of recipients of public assistance pursuant to 5,840
section 5101.181 of the Revised Code, the board shall inform the 5,841
auditor of state of the name, current or most recent employer 5,842
address, and social security number of each member or other 5,843
system retirant whose name and social security number are the 5,844
same as that of a person whose name or social security number was 5,845
133
submitted by the director. The board and its employees shall, 5,846
except for purposes of furnishing the auditor of state with 5,847
information required by this section, preserve the 5,848
confidentiality of recipients of public assistance in compliance 5,849
with division (A) of section 5101.181 of the Revised Code. 5,850
(F) A statement that contains information obtained from 5,852
the board's records that is signed by the secretary of the board 5,853
of trustees of the Ohio police and fire pension fund and to which 5,855
the board's official seal is affixed, or copies of the board's 5,856
records to which the signature and seal are attached, shall be 5,857
received as true copies of the board's records in any court or 5,858
before any officer of this state.
Sec. 1347.08. (A) Every state or local agency that 5,867
maintains a personal information system, upon the request and the 5,868
proper identification of any person who is the subject of 5,869
personal information in the system, shall: 5,870
(1) Inform the person of the existence of any personal 5,872
information in the system of which the person is the subject; 5,873
(2) Except as provided in divisions (C) and (E)(2) of this 5,875
section, permit the person, the person's legal guardian, or an 5,877
attorney who presents a signed written authorization made by the 5,878
person, to inspect all personal information in the system of 5,879
which the person is the subject; 5,880
(3) Inform the person about the types of uses made of the 5,882
personal information, including the identity of any users usually 5,883
granted access to the system. 5,884
(B) Any person who wishes to exercise a right provided by 5,886
this section may be accompanied by another individual of the 5,888
person's choice.
(C)(1) A state or local agency, upon request, shall 5,890
disclose medical, psychiatric, or psychological information to a 5,891
person who is the subject of the information or to the person's 5,893
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 5,894
134
is likely to have an adverse effect on the person, in which case 5,895
the information shall be released to a physician, psychiatrist, 5,896
or psychologist who is designated by the person or by the 5,897
person's legal guardian. 5,898
(2) Upon the signed written request of either a licensed 5,900
attorney at law or a licensed physician designated by the inmate, 5,901
together with the signed written request of an inmate of a 5,902
correctional institution under the administration of the 5,903
department of rehabilitation and correction, the department shall 5,904
disclose medical information to the designated attorney or 5,905
physician as provided in division (C) of section 5120.21 of the 5,906
Revised Code. 5,907
(D) If an individual who is authorized to inspect personal 5,909
information that is maintained in a personal information system 5,910
requests the state or local agency that maintains the system to 5,911
provide a copy of any personal information that the individual is 5,913
authorized to inspect, the agency shall provide a copy of the 5,914
personal information to the individual. Each state and local 5,915
agency may establish reasonable fees for the service of copying, 5,916
upon request, personal information that is maintained by the 5,917
agency.
(E)(1) This section regulates access to personal 5,919
information that is maintained in a personal information system 5,920
by persons who are the subject of the information, but does not 5,921
limit the authority of any person, including a person who is the 5,922
subject of personal information maintained in a personal 5,923
information system, to inspect or have copied, pursuant to 5,924
section 149.43 of the Revised Code, a public record as defined in 5,925
that section. 5,926
(2) This section does not provide a person who is the 5,928
subject of personal information maintained in a personal 5,929
information system, the person's legal guardian, or an attorney 5,931
authorized by the person, with a right to inspect or have copied, 5,932
or require an agency that maintains a personal information system 5,933
135
to permit the inspection of or to copy, a confidential law 5,934
enforcement investigatory record or trial preparation record, as 5,935
defined in divisions (A)(2) and (4) of section 149.43 of the 5,936
Revised Code.
(F) This section does not apply to any of the following: 5,938
(1) The contents of an adoption file maintained by the 5,940
department of health under section 3705.12 of the Revised Code; 5,941
(2) Information contained in the putative father registry 5,943
established by section 3107.062 of the Revise REVISED Code, 5,944
regardless of whether the information is held by the department 5,946
of human JOB AND FAMILY services or, pursuant to section 5101.313 5,948
of the Revised Code, the division of child support in the 5,950
department or a child support enforcement agency;
(3) Papers, records, and books that pertain to an adoption 5,952
and that are subject to inspection in accordance with section 5,953
3107.17 of the Revised Code; 5,954
(4) Records listed in division (A) of section 3107.42 of 5,956
the Revised Code or specified in division (A) of section 3107.52 5,957
of the Revised Code; 5,958
(5) Records that identify an individual described in 5,960
division (A)(1) of section 3721.031 of the Revised Code, or that 5,961
would tend to identify such an individual; 5,962
(6) Files and records that have been expunged under 5,964
division (D)(1) of section 3721.23 of the Revised Code; 5,965
(7) Records that identify an individual described in 5,967
division (A)(1) of section 3721.25 of the Revised Code, or that 5,968
would tend to identify such an individual; 5,969
(8) Records that identify an individual described in 5,971
division (A)(1) of section 5111.61 of the Revised Code, or that 5,972
would tend to identify such an individual. 5,973
Sec. 1553.10. (A) There is hereby created in the division 5,982
of civilian conservation the civilian conservation advisory 5,983
committee, which shall consist of nine members. The committee 5,985
shall advise the chief of the division of civilian conservation 5,986
136
in the implementation and operation of conservation programs 5,987
established under this chapter. The committee shall be composed 5,988
of three members appointed by the governor, two of whom shall 5,990
represent labor and one of whom shall represent vocational 5,991
education; one member of the senate appointed by the president; 5,992
one member of the house of representatives appointed by the 5,993
speaker; three members-at-large appointed by the director of 5,994
natural resources to represent the interests of all persons in 5,995
this state; and one member from WHO IS AN EMPLOYEE OF the bureau 5,996
DEPARTMENT of employment JOB AND FAMILY services to be designated 5,998
by the administrator DIRECTOR of the bureau JOB AND FAMILY 6,000
SERVICES. Terms of office shall commence on the first day of 6,001
January and end on the last day of December. Of the initial terms 6,002
of office, four terms shall end on December 31, 1990, and three 6,003
terms shall end on December 31, 1991, to be determined by lot. 6,004
Thereafter, terms of office shall be for four years. Each member 6,005
shall hold office from the date of the member's appointment until 6,007
the end of the term for which the member was appointed. Any 6,009
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was 6,011
appointed shall hold office for the remainder of the term. Each 6,012
member shall continue in office subsequent to the expiration date 6,013
of the member's term until the member's successor takes office or 6,015
until a period of sixty days has elapsed, whichever occurs first. 6,017
The committee shall select from among its members a chairperson 6,019
and a vice-chairperson, who shall each serve for a period of one 6,020
year or until the term of the chairperson or vice-chairperson 6,022
expires, whichever occurs first. Members of the committee shall 6,023
receive no compensation, but shall be reimbursed for their actual 6,025
and necessary expenses incurred in attending meetings of the 6,026
committee. The committee shall meet at least once each quarter 6,028
of each calendar year and shall keep a record of its proceedings 6,029
that shall be available to the public for inspection. 6,030
The chief shall act as executive director of the committee. 6,033
137
The division shall furnish technical, legal, and other services 6,035
required by the committee in the performance of its duties. 6,036
(B) For the purpose of assisting in the effective 6,038
implementation and operation of civilian conservation programs 6,039
established under this chapter, the committee shall do all of the 6,040
following: 6,041
(1) Recommend to the chief broad policies for the division 6,043
and a long-range plan to implement the policies; 6,044
(2) Evaluate the division's needs to meet its policy 6,046
objectives, including planning, programming, and financing; 6,047
(3) Recommend to the chief ways of cooperating with other 6,049
conservation programs administered by private and public 6,050
agencies. 6,051
Sec. 1701.86. (A) A corporation may be dissolved 6,060
voluntarily in the manner provided in this section, provided the 6,061
provisions of Chapter 1704. of the Revised Code do not prevent 6,062
the dissolution from being effected. 6,063
(B) A resolution of dissolution for a corporation shall 6,065
set forth: 6,066
(1) That the corporation elects to be dissolved; 6,068
(2) Any additional provision considered necessary with 6,070
respect to the proposed dissolution and winding up. 6,071
(C) If an initial stated capital is not set forth in the 6,073
articles then before the corporation begins business, or if an 6,074
initial stated capital is set forth in the articles then before 6,075
subscriptions to shares shall have been received in the amount of 6,076
that initial stated capital, the incorporators or a majority of 6,077
them may adopt, by a writing signed by them, a resolution of 6,078
dissolution. 6,079
(D) The directors may adopt a resolution of dissolution in 6,081
the following cases: 6,082
(1) When the corporation has been adjudged bankrupt or has 6,084
made a general assignment for the benefit of creditors; 6,085
(2) By leave of the court, when a receiver has been 6,087
138
appointed in a general creditors' suit or in any suit in which 6,088
the affairs of the corporation are to be wound up; 6,089
(3) When substantially all of the assets have been sold at 6,091
judicial sale or otherwise; 6,092
(4) When the articles have been canceled for failure to 6,094
file annual franchise or excise tax returns or for failure to pay 6,095
franchise or excise taxes and the corporation has not been 6,096
reinstated or does not desire to be reinstated; 6,097
(5) When the period of existence of the corporation 6,099
specified in its articles has expired. 6,100
(E) The shareholders at a meeting held for such purpose 6,102
may adopt a resolution of dissolution by the affirmative vote of 6,103
the holders of shares entitling them to exercise two-thirds of 6,104
the voting power of the corporation on such proposal or, if the 6,105
articles provide or permit, by the affirmative vote of a greater 6,106
or lesser proportion, though less than a majority, of such voting 6,107
power, and by such affirmative vote of the holders of shares of 6,108
any particular class as is required by the articles. Notice of 6,109
the meeting of the shareholders shall be given to all the 6,110
shareholders whether or not entitled to vote at it. 6,111
(F) Upon the adoption of a resolution of dissolution, a 6,113
certificate shall be prepared, on a form prescribed by the 6,114
secretary of state, setting forth the following: 6,115
(1) The name of the corporation; 6,117
(2) A statement that a resolution of dissolution has been 6,119
adopted; 6,120
(3) A statement of the manner of adoption of such 6,122
resolution, and, in the case of its adoption by the incorporators 6,123
or directors, a statement of the basis for such adoption; 6,124
(4) The place in this state where its principal office is 6,126
or is to be located; 6,127
(5) The names and addresses of its directors and officers, 6,129
unless the resolution of dissolution is adopted by the 6,130
incorporators, in which event the names and addresses of the 6,131
139
incorporators shall be set forth in the certificate; 6,132
(6) The name and address of its statutory agent. 6,134
(G) Such certificate shall be signed as follows: 6,136
(1) When the resolution of dissolution is adopted by the 6,138
incorporators or a majority of them, the certificate shall be 6,139
signed by not less than a majority of them; 6,140
(2) When the resolution is adopted by the directors or by 6,142
the shareholders, the certificate shall be signed by any 6,143
authorized officer, unless the officer fails to execute and file 6,145
such certificate within thirty days after the adoption of the 6,147
resolution or upon any date specified in the resolution as the 6,148
date upon which such certificate is to be filed or upon the 6,149
expiration of any period specified in the resolution as the 6,150
period within which such certificate is to be filed, whichever is 6,151
latest, in which event the certificate of dissolution may be 6,152
signed by any three shareholders and shall set forth a statement 6,153
that the persons signing the certificate are shareholders and are 6,154
filing the certificate because of the failure of the officers to 6,155
do so.
(H) A certificate of dissolution, filed with the secretary 6,157
of state, shall be accompanied by: 6,158
(1) An affidavit of one or more of the persons executing 6,160
the certificate of dissolution or of an officer of the 6,161
corporation containing a statement of the counties, if any, in 6,162
this state in which the corporation has personal property or a 6,163
statement that the corporation is of a type required to pay 6,164
personal property taxes to state authorities only; 6,165
(2) A receipt, certificate, or other evidence showing the 6,167
payment of all franchise, sales, use, and highway use taxes 6,168
accruing up to the date of such filing, or that such payment has 6,169
been adequately guaranteed; 6,170
(3) A receipt, certificate, or other evidence showing the 6,172
payment of all personal property taxes accruing up to the date of 6,173
such filing; 6,174
140
(4) A receipt, certificate, or other evidence from the 6,176
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,178
that all contributions due from the corporation as an employer 6,179
have been paid, or that such payment has been adequately 6,180
guaranteed, or that the corporation is not subject to such 6,181
contributions;
(5) A receipt, certificate, or other evidence from the 6,183
bureau of workers' compensation showing that all premiums due 6,184
from the corporation as an employer have been paid, or that such 6,185
payment has been adequately guaranteed, or that the corporation 6,186
is not subject to such premium payments; 6,187
(6) In lieu of the receipt, certificate, or other evidence 6,189
described in division (H)(2), (3), (4), or (5) of this section, 6,190
an affidavit of one or more persons executing the certificate of 6,191
dissolution or of an officer of the corporation containing a 6,192
statement of the date upon which the particular department, 6,193
agency, or authority was advised in writing of the scheduled date 6,194
of filing of the certificate of dissolution and was advised in 6,195
writing of the acknowledgment by the corporation of the 6,196
applicability of the provisions of section 1701.95 of the Revised 6,197
Code. 6,198
(I) Upon the filing of a certificate of dissolution and 6,200
such accompanying documents, the corporation shall be dissolved. 6,201
Sec. 1702.47. (A) A corporation may be dissolved 6,210
voluntarily in the manner provided in this section. 6,211
(B) A resolution of dissolution for a corporation shall 6,213
set forth: 6,214
(1) That the corporation elects to be dissolved; 6,216
(2) Any additional provision deemed necessary with respect 6,218
to the proposed dissolution and winding up. 6,219
(C) The trustees may adopt a resolution of dissolution in 6,221
the following cases: 6,222
(1) When the corporation has been adjudged bankrupt or has 6,224
made a general assignment for the benefit of creditors; 6,225
141
(2) By leave of the court, when a receiver has been 6,227
appointed in a general creditors' suit or in any suit in which 6,228
the affairs of the corporation are to be wound up; 6,229
(3) When substantially all of the assets have been sold at 6,231
judicial sale or otherwise; 6,232
(4) When the period of existence of the corporation 6,234
specified in its articles has expired. 6,235
(D) The voting members at a meeting held for such purpose 6,237
may adopt a resolution of dissolution by the affirmative vote of 6,238
a majority of the voting members present if a quorum is present 6,239
or, if the articles or the regulations provide or permit, by the 6,240
affirmative vote of a greater or lesser proportion or number of 6,241
the voting members, and by such affirmative vote of the voting 6,242
members of any particular class as is required by the articles or 6,243
the regulations. Notice of the meeting of the members shall be 6,244
given to all the members whether or not entitled to vote thereat. 6,245
(E) Upon the adoption of a resolution of dissolution, a 6,247
certificate shall be prepared, on a form prescribed by the 6,248
secretary of state, setting forth the following: 6,249
(1) The name of the corporation; 6,251
(2) A statement that a resolution of dissolution has been 6,253
adopted; 6,254
(3) A statement of the manner of adoption of such 6,256
resolution, and, in the case of its adoption by the trustees, a 6,257
statement of the basis for such adoption; 6,258
(4) The place in this state where its principal office is 6,260
or is to be located; 6,261
(5) The names and addresses of its trustees and officers; 6,263
(6) The name and address of its statutory agent. 6,265
(F) Such certificate shall be signed by any authorized 6,267
officer, unless the officer fails to execute and file such 6,268
certificate within thirty days after the adoption of the 6,270
resolution, or upon any date specified in the resolution as the 6,271
date upon which such certificate is to be filed, or upon the 6,272
142
expiration of any period specified in the resolution as the 6,273
period within which such certificate is to be filed, whichever is 6,274
latest, in which event the certificate of dissolution may be 6,275
signed by any three voting members and shall set forth a 6,276
statement that the persons signing the certificate are voting 6,277
members and are filing the certificate because of the failure of 6,278
the officers to do so.
(G) A certificate of dissolution, filed with the secretary 6,280
of state, shall be accompanied by: 6,281
(1) An affidavit of one or more of the persons executing 6,283
the certificate of dissolution or of an officer of the 6,284
corporation containing a statement of the counties, if any, in 6,285
this state in which the corporation has personal property subject 6,286
to personal property taxes or a statement that the corporation is 6,287
of a type required to pay personal property taxes to state 6,288
authorities only; 6,289
(2) A receipt, certificate, or other evidence showing the 6,291
payment of all personal property taxes accruing up to the date of 6,292
such filing, unless the affidavit provided for in division (G)(1) 6,293
of this section states that the corporation has in this state no 6,295
personal property subject to personal property taxes;
(3) A receipt, certificate, or other evidence from the 6,297
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,299
that all contributions due from the corporation as an employer 6,300
have been paid, or that such payment has been adequately 6,301
guaranteed, or that the corporation is not subject to such 6,302
contributions;
(4) A receipt, certificate, or other evidence showing the 6,304
payment of all sales, use, and highway use taxes accruing up to 6,305
the date of such filing, or that such payment has been adequately 6,306
guaranteed; 6,307
(5) In lieu of the receipt, certificate, or other evidence 6,309
described in division (G)(2), (3), or (4) of this section, an 6,310
affidavit of one or more of the persons executing the certificate 6,311
143
of dissolution or of an officer of the corporation containing a 6,312
statement of the date upon which the particular department, 6,313
agency, or authority was advised in writing of the scheduled date 6,314
of the filing of the certificate of dissolution and was advised 6,315
in writing of the acknowledgement by the corporation of the 6,316
applicability of section 1702.55 of the Revised Code. 6,317
(H) Upon the filing of a certificate of dissolution and 6,319
such accompanying documents, the corporation shall be dissolved. 6,320
Sec. 1703.17. (A) A foreign corporation may surrender its 6,329
license to transact business in this state in the manner provided 6,330
in this section. 6,331
(B) A certificate of surrender signed by any authorized 6,333
officer, or by the receiver, trustee in bankruptcy, or other 6,335
liquidator of such corporation, shall be filed with the secretary 6,336
of state, on a form prescribed by the secretary of state, setting 6,337
forth:
(1) The name of the corporation and of the state under the 6,339
laws of which it is incorporated; 6,340
(2) That it surrenders its license; 6,342
(3) The address to which the secretary of state may mail 6,344
any process against such corporation that may be served upon the 6,345
secretary of state, and may mail any other notices, certificates, 6,346
or statements. 6,347
(C) A certificate of surrender, filed with the secretary 6,349
of state, on a form prescribed by the secretary of state, shall 6,350
be accompanied by: 6,351
(1) A receipt, certificate, or other evidence showing the 6,353
payment of all franchise, sales, use, and highway use taxes 6,354
accruing up to the date of such filing, or that such payment has 6,356
been adequately guaranteed;
(2) A receipt, certificate, or other evidence showing the 6,358
payment of all personal property taxes accruing up to the date of 6,359
such filing; 6,360
(3) A receipt, certificate, or other evidence from the 6,362
144
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,364
that all contributions due from the corporation as an employer 6,365
have been paid, or that such payment has been adequately 6,366
guaranteed, or that the corporation is not subject to such 6,367
contributions;
(4) An affidavit of the officer, or other person permitted 6,369
by law, executing the certificate of surrender, containing a 6,370
statement of the counties, if any, in this state in which the 6,371
corporation has personal property or a statement that the 6,372
corporation is of a type required to pay personal property taxes 6,373
to state authorities only. 6,374
(D) In lieu of the receipt, certificate, or other evidence 6,376
described in divisions (C)(1), (2), and (3) of this section, a 6,377
certificate of surrender may be accompanied by an affidavit of 6,378
the person executing the certificate of surrender, or of an 6,379
officer of the corporation, that contains a statement of the date 6,380
upon which the particular department, agency, or authority was 6,381
advised in writing of the scheduled date of filing the 6,382
certificate of surrender and was advised in writing of the 6,383
acknowledgement by the corporation that the surrender of its 6,384
license does not relieve it of liability, if any, for payment of 6,385
the taxes and contributions described in divisions (C)(1), (2), 6,386
and (3) of this section. 6,387
(E) In lieu of filing such certificate of surrender there 6,389
may be filed a certificate of the secretary of state, or other 6,390
proper official, of the state under the laws of which the 6,391
corporation is incorporated, certifying that said corporation has 6,392
been dissolved or its corporate existence otherwise terminated, 6,393
or a certified copy of an order of court terminating the 6,394
existence of such corporation; but such certificate or certified 6,395
copy shall be accompanied by the information required by division 6,396
(B)(3) of this section. 6,397
(F) For filing any such certificate or certified copy 6,399
under this section, there shall be paid to the secretary of state 6,400
145
a filing fee of twenty-five dollars. The secretary of state 6,401
shall thereupon cancel the license of such corporation, make a 6,402
notation of such cancellation upon the secretary of state's 6,403
records, and mail to the corporation a certificate of the action 6,405
so taken.
(G) The mere retirement from business of a foreign 6,407
corporation without filing a certificate of surrender shall not 6,408
exempt such corporation from the requirements of filing the 6,409
reports and paying the fees required by sections 1703.01 to 6,410
1703.31 of the Revised Code, or from making reports and paying 6,411
excise or franchise fees or taxes. 6,412
Sec. 1729.55. (A) An association may be dissolved 6,421
voluntarily in the manner provided in this section. 6,422
(B) A resolution of dissolution for an association shall 6,424
state both of the following: 6,425
(1) That the association elects to be dissolved; 6,427
(2) Any additional provision considered necessary with 6,429
respect to the proposed dissolution and winding up. 6,430
(C) Before subscriptions for membership and any stock or 6,432
other ownership interest have been received, the incorporators or 6,433
a majority of the incorporators may adopt, by a writing signed by 6,434
them, a resolution of dissolution. 6,435
(D) The directors may adopt a resolution of dissolution in 6,437
the following cases: 6,438
(1) When the association has been adjudged bankrupt or has 6,440
made a general assignment for the benefit of creditors; 6,441
(2) By leave of the court, when a receiver has been 6,443
appointed in a general creditors' suit or in any suit in which 6,444
the affairs of the association are to be wound up; 6,445
(3) When substantially all of the assets have been sold at 6,447
judicial sale or otherwise; 6,448
(4) When the articles of incorporation have been canceled 6,450
for failure to file annual franchise or excise tax returns or for 6,451
failure to pay franchise or excise taxes and the association has 6,452
146
not been reinstated or does not desire to be reinstated; 6,453
(5) When the period of existence of the association 6,455
specified in its articles has expired. 6,456
(E) At a meeting held for such purpose, the members may 6,458
adopt a resolution of dissolution by the affirmative vote of 6,459
sixty per cent of the member votes cast on such proposal or, if 6,460
the articles provide or permit, by the affirmative vote of a 6,461
greater or lesser proportion, though not less than a majority, of 6,462
such voting power, of any particular class as is required by the
articles of incorporation. Notice of the meeting of the members 6,463
shall be given to all members and stockholders whether or not 6,464
entitled to vote.
(F) Upon the adoption of a resolution of dissolution, a 6,466
certificate shall be filed with the secretary of state, on a form 6,467
prescribed by the secretary of state, stating all of the 6,469
following:
(1) The name of the association; 6,471
(2) A statement that a resolution of dissolution has been 6,473
adopted, its manner of adoption, and, in the case of its adoption 6,474
by the incorporators or directors, a statement of the basis for 6,475
such adoption;
(3) The place in this state where the association's 6,477
principal office is located; 6,478
(4) The names and addresses of the association's directors 6,480
and officers, or if the resolution of dissolution is adopted by 6,481
the incorporators, the names and addresses of the incorporators; 6,482
(5) The name and address of the association's statutory 6,484
agent.
(G) Such certificate shall be signed as follows: 6,486
(1) When the resolution of dissolution is adopted by the 6,488
incorporators, the certificate shall be signed by not less than a 6,490
majority of the incorporators;
(2) When the resolution is adopted by the directors or by 6,492
the members, the certificate shall be signed by any authorized 6,493
147
officer. However, if no authorized officer executes and files 6,495
such certificate within thirty days after the adoption of the 6,496
resolution or upon any date specified in the resolution as the 6,497
date upon which such certificate is to be filed or upon the 6,498
expiration of any period specified in the resolution as the 6,499
period within which such certificate is to be filed, whichever is 6,500
latest, the certificate of dissolution may be signed by any three
members, or if there are less than three members, then by all of 6,501
the members, and shall set forth a statement that the persons 6,502
signing the certificate are members and are filing the 6,503
certificate because of the failure of an authorized officer to do 6,505
so.
(H) A certificate of dissolution, filed with the secretary 6,507
of state, shall be accompanied by all of the following: 6,508
(1) An affidavit of one or more of the persons executing 6,510
the certificate of dissolution or of any authorized officer of 6,511
the association containing a statement of the counties, if any, 6,513
in this state in which the association has personal property or a 6,514
statement that the association is of a type required to pay
personal property taxes to state authorities only; 6,515
(2) A receipt, certificate, or other evidence showing the 6,517
payment of all franchise, sales, use, and highway use taxes 6,518
accruing up to the date of such filing, or that such payment has 6,519
been adequately guaranteed;
(3) A receipt, certificate, or other evidence showing the 6,521
payment of all personal property taxes accruing up to the date of 6,522
such filing;
(4) A receipt, certificate, or other evidence from the 6,524
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,525
that all contributions due from the association as an employer 6,527
have been paid, or that such payment has been adequately
guaranteed, or that the association is not subject to such 6,528
contributions;
(5) A receipt, certificate, or other evidence from the 6,530
148
bureau of workers' compensation showing that all premiums due 6,531
from the association as an employer have been paid, or that such 6,532
payment has been adequately guaranteed, or that the association 6,533
is not subject to such premium payments;
(6) In lieu of the receipt, certificate, or other evidence 6,535
described in division (H)(2), (3), (4), or (5) of this section, 6,536
an affidavit of one or more persons executing the certificate of 6,537
dissolution or of any authorized officer of the association 6,539
containing a statement of the date upon which the particular 6,540
department, agency, or authority was advised in writing of the 6,541
scheduled date of filing of the certificate of dissolution and 6,542
was advised in writing of the acknowledgment by the association 6,543
of the applicability of section 1729.25 of the Revised Code. 6,544
(I) Upon the filing of a certificate of dissolution and 6,546
the accompanying documents required by division (H) of this 6,547
section, the association shall be dissolved. 6,548
Sec. 1743.05. Any corporation organized for the purpose of 6,557
providing a home for deaf and dumb persons may enter into a 6,558
contract with the board of county commissioners of any county, or 6,559
with the proper officers of any municipal infirmary, for the care 6,560
and maintenance in such home of any deaf and dumb person who is 6,561
an inmate of the county home or of such municipal infirmary, or 6,562
who is entitled to admission thereto. In every such case the 6,563
county home or municipal infirmary, during the period the person 6,564
remains in such home for deaf and dumb persons, shall pay to such 6,565
corporation, annually, a sum equal to the per capita cost of 6,566
maintaining inmates in the county home or municipal infirmary. 6,567
When any deaf and dumb person is maintained in a county 6,569
home or municipal infirmary, and in the judgment of the COUNTY 6,571
department of human JOB AND FAMILY services should be removed to 6,572
a home incorporated to provide a home for deaf and dumb persons, 6,573
such department may order the removal of the person from the 6,574
county home or municipal infirmary to such home. The 6,575
transportation of the person to such home and his THE PERSON'S 6,576
149
maintenance shall be paid for by the board of county 6,578
commissioners or the proper officers of the municipal infirmary. 6,579
Sec. 1751.01. As used in this chapter: 6,588
(A) "Basic health care services" means the following 6,591
services when medically necessary: 6,592
(1) Physician's services, except when such services are 6,594
supplemental under division (B) of this section; 6,596
(2) Inpatient hospital services; 6,598
(3) Outpatient medical services; 6,600
(4) Emergency health services; 6,602
(5) Urgent care services; 6,604
(6) Diagnostic laboratory services and diagnostic and 6,606
therapeutic radiologic services; 6,607
(7) Preventive health care services, including, but not 6,609
limited to, voluntary family planning services, infertility 6,610
services, periodic physical examinations, prenatal obstetrical 6,611
care, and well-child care. 6,612
"Basic health care services" does not include experimental 6,614
procedures. 6,615
A health insuring corporation shall not offer coverage for 6,617
a health care service, defined as a basic health care service by 6,618
this division, unless it offers coverage for all listed basic 6,619
health care services. However, this requirement does not apply 6,621
to the coverage of beneficiaries enrolled in Title XVIII of the 6,622
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 6,624
amended, pursuant to a medicare contract, or to the coverage of 6,626
beneficiaries enrolled in the federal employee health benefits 6,627
program pursuant to 5 U.S.C.A. 8905, or to the coverage of 6,628
beneficiaries enrolled in Title XIX of the "Social Security Act," 6,630
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the 6,632
medical assistance program or medicaid, provided by the Ohio 6,633
department of human JOB AND FAMILY services under Chapter 5111. 6,635
of the Revised Code, or to the coverage of beneficiaries under 6,636
any federal health care program regulated by a federal regulatory 6,637
150
body, or to the coverage of beneficiaries under any contract 6,639
covering officers or employees of the state that has been entered 6,640
into by the department of administrative services. 6,641
(B) "Supplemental health care services" means any health 6,644
care services other than basic health care services that a health 6,645
insuring corporation may offer, alone or in combination with 6,646
either basic health care services or other supplemental health 6,647
care services, and includes:
(1) Services of facilities for intermediate or long-term 6,649
care, or both; 6,650
(2) Dental care services; 6,652
(3) Vision care and optometric services including lenses 6,654
and frames; 6,655
(4) Podiatric care or foot care services; 6,657
(5) Mental health services including psychological 6,659
services; 6,660
(6) Short-term outpatient evaluative and 6,662
crisis-intervention mental health services; 6,663
(7) Medical or psychological treatment and referral 6,665
services for alcohol and drug abuse or addiction; 6,666
(8) Home health services; 6,668
(9) Prescription drug services; 6,670
(10) Nursing services; 6,672
(11) Services of a dietitian licensed under Chapter 4759. 6,675
of the Revised Code;
(12) Physical therapy services; 6,677
(13) Chiropractic services; 6,679
(14) Any other category of services approved by the 6,681
superintendent of insurance. 6,682
(C) "Specialty health care services" means one of the 6,684
supplemental health care services listed in division (B)(1) to 6,686
(13) of this section, when provided by a health insuring 6,687
corporation on an outpatient-only basis and not in combination 6,688
with other supplemental health care services.
151
(D) "Closed panel plan" means a health care plan that 6,690
requires enrollees to use participating providers. 6,691
(E) "Compensation" means remuneration for the provision of 6,694
health care services, determined on other than a fee-for-service 6,695
or discounted-fee-for-service basis.
(F) "Contractual periodic prepayment" means the formula 6,698
for determining the premium rate for all subscribers of a health 6,699
insuring corporation. 6,700
(G) "Corporation" means a corporation formed under Chapter 6,703
1701. or 1702. of the Revised Code or the similar laws of another 6,705
state.
(H) "Emergency health services" means those health care 6,708
services that must be available on a seven-days-per-week, 6,709
twenty-four-hours-per-day basis in order to prevent jeopardy to 6,710
an enrollee's health status that would occur if such services 6,711
were not received as soon as possible, and includes, where 6,712
appropriate, provisions for transportation and indemnity payments 6,713
or service agreements for out-of-area coverage. 6,714
(I) "Enrollee" means any natural person who is entitled to 6,717
receive health care benefits provided by a health insuring 6,718
corporation.
(J) "Evidence of coverage" means any certificate, 6,721
agreement, policy, or contract issued to a subscriber that sets 6,722
out the coverage and other rights to which such person is 6,723
entitled under a health care plan. 6,724
(K) "Health care facility" means any facility, except a 6,727
health care practitioner's office, that provides preventive, 6,728
diagnostic, therapeutic, acute convalescent, rehabilitation, 6,729
mental health, mental retardation, intermediate care, or skilled 6,730
nursing services. 6,731
(L) "Health care services" means basic, supplemental, and 6,734
specialty health care services. 6,735
(M) "Health delivery network" means any group of providers 6,738
or health care facilities, or both, or any representative 6,739
152
thereof, that have entered into an agreement to offer health care 6,741
services in a panel rather than on an individual basis. 6,742
(N) "Health insuring corporation" means a corporation, as 6,745
defined in division (G) of this section, that, pursuant to a 6,746
policy, contract, certificate, or agreement, pays for, 6,747
reimburses, or provides, delivers, arranges for, or otherwise 6,748
makes available, basic health care services, supplemental health 6,749
care services, or specialty health care services, or a 6,750
combination of basic health care services and either supplemental 6,751
health care services or specialty health care services, through 6,753
either an open panel plan or a closed panel plan. 6,754
"Health insuring corporation" does not include a limited 6,757
liability company formed pursuant to Chapter 1705. of the Revised 6,759
Code, an insurer licensed under Title XXXIX of the Revised Code 6,765
if that insurer offers only open panel plans under which all 6,766
providers and health care facilities participating receive their 6,767
compensation directly from the insurer, a corporation formed by 6,768
or on behalf of a political subdivision or a department, office, 6,769
or institution of the state, or a public entity formed by or on 6,770
behalf of a board of county commissioners, a county board of 6,772
mental retardation and developmental disabilities, an alcohol and 6,774
drug addiction services board, a board of alcohol, drug 6,775
addiction, and mental health services, or a community mental 6,776
health board, as those terms are used in Chapters 340. and 5126. 6,777
of the Revised Code. Except as provided by division (D) of 6,780
section 1751.02 of the Revised Code, or as otherwise provided by 6,783
law, no board, commission, agency, or other entity under the 6,785
control of a political subdivision may accept insurance risk in 6,786
providing for health care services. However, nothing in this 6,787
division shall be construed as prohibiting such entities from 6,788
purchasing the services of a health insuring corporation or a 6,789
third-party administrator licensed under Chapter 3959. of the 6,790
Revised Code. 6,791
(O) "Intermediary organization" means a health delivery 6,794
153
network or other entity that contracts with licensed health 6,795
insuring corporations or self-insured employers, or both, to 6,796
provide health care services, and that enters into contractual 6,798
arrangements with other entities for the provision of health care 6,799
services for the purpose of fulfilling the terms of its contracts 6,800
with the health insuring corporations and self-insured employers. 6,801
(P) "Intermediate care" means residential care above the 6,804
level of room and board for patients who require personal 6,805
assistance and health-related services, but who do not require 6,806
skilled nursing care.
(Q) "Medical record" means the personal information that 6,809
relates to an individual's physical or mental condition, medical 6,810
history, or medical treatment. 6,811
(R)(1) "Open panel plan" means a health care plan that 6,813
provides incentives for enrollees to use participating providers 6,814
and that also allows enrollees to use providers that are not 6,815
participating providers.
(2) No health insuring corporation may offer an open panel 6,818
plan, unless the health insuring corporation is also licensed as 6,819
an insurer under Title XXXIX of the Revised Code, the health 6,820
insuring corporation, on June 4, 1997, holds a certificate of 6,822
authority or license to operate under Chapter 1736. or 1740. of 6,823
the Revised Code, or an insurer licensed under Title XXXIX of the 6,825
Revised Code is responsible for the out-of-network risk as 6,826
evidenced by both an evidence of coverage filing under section 6,827
1751.11 of the Revised Code and a policy and certificate filing 6,829
under section 3923.02 of the Revised Code. 6,830
(S) "Panel" means a group of providers or health care 6,832
facilities that have joined together to deliver health care 6,833
services through a contractual arrangement with a health insuring 6,835
corporation, employer group, or other payor.
(T) "Person" has the same meaning as in section 1.59 of 6,837
the Revised Code, and, unless the context otherwise requires, 6,838
includes any insurance company holding a certificate of authority 6,839
154
under Title XXXIX of the Revised Code, any subsidiary and 6,841
affiliate of an insurance company, and any government agency. 6,842
(U) "Premium rate" means any set fee regularly paid by a 6,845
subscriber to a health insuring corporation. A "premium rate" 6,846
does not include a one-time membership fee, an annual
administrative fee, or a nominal access fee, paid to a managed 6,847
health care system under which the recipient of health care 6,848
services remains solely responsible for any charges accessed for 6,849
those services by the provider or health care facility. 6,850
(V) "Primary care provider" means a provider that is 6,853
designated by a health insuring corporation to supervise, 6,854
coordinate, or provide initial care or continuing care to an 6,855
enrollee, and that may be required by the health insuring 6,856
corporation to initiate a referral for specialty care and to 6,857
maintain supervision of the health care services rendered to the 6,858
enrollee.
(W) "Provider" means any natural person or partnership of 6,861
natural persons who are licensed, certified, accredited, or 6,862
otherwise authorized in this state to furnish health care 6,863
services, or any professional association organized under Chapter 6,864
1785. of the Revised Code, provided that nothing in this chapter 6,866
or other provisions of law shall be construed to preclude a 6,867
health insuring corporation, health care practitioner, or 6,868
organized health care group associated with a health insuring 6,869
corporation from employing certified nurse practitioners,
certified nurse anesthetists, clinical nurse specialists, 6,870
certified nurse midwives, dietitians, physicians' assistants, 6,871
dental assistants, dental hygienists, optometric technicians, or 6,872
other allied health personnel who are licensed, certified, 6,873
accredited, or otherwise authorized in this state to furnish 6,874
health care services.
(X) "Provider sponsored organization" means a corporation, 6,877
as defined in division (G) of this section, that is at least 6,878
eighty per cent owned or controlled by one or more hospitals, as 6,880
155
defined in section 3727.01 of the Revised Code, or one or more 6,881
physicians licensed to practice medicine or surgery or 6,882
osteopathic medicine and surgery under Chapter 4731. of the 6,883
Revised Code, or any combination of such physicians and 6,884
hospitals. Such control is presumed to exist if at least eighty 6,885
per cent of the voting rights or governance rights of a provider 6,886
sponsored organization are directly or indirectly owned, 6,887
controlled, or otherwise held by any combination of the 6,888
physicians and hospitals described in this division. 6,889
(Y) "Solicitation document" means the written materials 6,891
provided to prospective subscribers or enrollees, or both, and 6,893
used for advertising and marketing to induce enrollment in the 6,894
health care plans of a health insuring corporation. 6,895
(Z) "Subscriber" means a person who is responsible for 6,898
making payments to a health insuring corporation for 6,899
participation in a health care plan, or an enrollee whose 6,900
employment or other status is the basis of eligibility for 6,901
enrollment in a health insuring corporation.
(AA) "Urgent care services" means those health care 6,904
services that are appropriately provided for an unforeseen 6,905
condition of a kind that usually requires medical attention 6,906
without delay but that does not pose a threat to the life, limb, 6,907
or permanent health of the injured or ill person, and may include 6,909
such health care services provided out of the health insuring 6,910
corporation's approved service area pursuant to indemnity 6,911
payments or service agreements.
Sec. 1751.11. (A) Every subscriber of a health insuring 6,920
corporation is entitled to an evidence of coverage for the health 6,921
care plan under which health care benefits are provided. 6,922
(B) Every subscriber of a health insuring corporation that 6,924
offers basic health care services is entitled to an 6,925
identification card or similar document that specifies the health 6,926
insuring corporation's name as stated in its articles of 6,927
incorporation, and any trade or fictitious names used by the 6,928
156
health insuring corporation. The identification card or document 6,929
shall list at least one toll-free telephone number that provides 6,930
the subscriber with access, to information on a 6,931
twenty-four-hours-per-day, seven-days-per-week basis, as to how 6,932
health care services may be obtained. The identification card or 6,933
document shall also list at least one toll-free number that, 6,934
during normal business hours, provides the subscriber with access 6,935
to information on the coverage available under the subscriber's 6,936
health care plan and information on the health care plan's 6,937
internal and external review processes.
(C) No evidence of coverage, or amendment to the evidence 6,939
of coverage, shall be delivered, issued for delivery, renewed, or 6,940
used, until the form of the evidence of coverage or amendment has 6,941
been filed by the health insuring corporation with the 6,942
superintendent of insurance. If the superintendent does not 6,943
disapprove the evidence of coverage or amendment within sixty 6,944
days after it is filed it shall be deemed approved, unless the 6,945
superintendent sooner gives approval for the evidence of coverage 6,946
or amendment. With respect to an amendment to an approved 6,947
evidence of coverage, the superintendent only may disapprove 6,948
provisions amended or added to the evidence of coverage. If the 6,949
superintendent determines within the sixty-day period that any 6,950
evidence of coverage or amendment fails to meet the requirements 6,951
of this section, the superintendent shall so notify the health 6,952
insuring corporation and it shall be unlawful for the health 6,953
insuring corporation to use such evidence of coverage or 6,954
amendment. At any time, the superintendent, upon at least thirty 6,955
days' written notice to a health insuring corporation, may 6,956
withdraw an approval, deemed or actual, of any evidence of 6,957
coverage or amendment on any of the grounds stated in this 6,958
section. Such disapproval shall be effected by a written order, 6,959
which shall state the grounds for disapproval and shall be issued 6,960
in accordance with Chapter 119. of the Revised Code. 6,961
(D) No evidence of coverage or amendment shall be 6,963
157
delivered, issued for delivery, renewed, or used: 6,964
(1) If it contains provisions or statements that are 6,966
inequitable, untrue, misleading, or deceptive; 6,967
(2) Unless it contains a clear, concise, and complete 6,969
statement of the following: 6,970
(a) The health care services and insurance or other 6,972
benefits, if any, to which an enrollee is entitled under the 6,973
health care plan;
(b) Any exclusions or limitations on the health care 6,975
services, type of health care services, benefits, or type of 6,976
benefits to be provided, including copayments; 6,977
(c) An enrollee's personal financial obligation for 6,979
noncovered services; 6,980
(d) Where and in what manner general information and 6,982
information as to how health care services may be obtained is 6,983
available, including a toll-free telephone number; 6,984
(e) The premium rate with respect to individual and 6,986
conversion contracts, and relevant copayment provisions with 6,987
respect to all contracts. The statement of the premium rate, 6,988
however, may be contained in a separate insert. 6,989
(f) The method utilized by the health insuring corporation 6,991
for resolving enrollee complaints; 6,992
(g) The utilization review, internal review, and external 6,994
review procedures established under sections 1751.77 to 1751.85 6,995
of the Revised Code. 6,996
(3) Unless it provides for the continuation of an 6,998
enrollee's coverage, in the event that the enrollee's coverage 6,999
under the group policy, contract, certificate, or agreement 7,000
terminates while the enrollee is receiving inpatient care in a 7,001
hospital. This continuation of coverage shall terminate at the 7,002
earliest occurrence of any of the following: 7,003
(a) The enrollee's discharge from the hospital; 7,005
(b) The determination by the enrollee's attending 7,007
physician that inpatient care is no longer medically indicated 7,008
158
for the enrollee; however, nothing in division (D)(3)(b) of this 7,009
section precludes a health insuring corporation from engaging in 7,010
utilization review as described in the evidence of coverage. 7,011
(c) The enrollee's reaching the limit for contractual 7,013
benefits;
(d) The effective date of any new coverage. 7,015
(4) Unless it contains a provision that states, in 7,017
substance, that the health insuring corporation is not a member 7,018
of any guaranty fund, and that in the event of the health 7,019
insuring corporation's insolvency, an enrollee is protected only 7,020
to the extent that the hold harmless provision required by 7,021
section 1751.13 of the Revised Code applies to the health care 7,022
services rendered; 7,023
(5) Unless it contains a provision that states, in 7,025
substance, that in the event of the insolvency of the health 7,026
insuring corporation, an enrollee may be financially responsible 7,027
for health care services rendered by a provider or health care 7,028
facility that is not under contract to the health insuring 7,029
corporation, whether or not the health insuring corporation 7,030
authorized the use of the provider or health care facility. 7,031
(E) Notwithstanding divisions (C) and (D) of this section, 7,033
a health insuring corporation may use an evidence of coverage 7,034
that provides for the coverage of beneficiaries enrolled in Title 7,035
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 7,036
U.S.C.A. 301, as amended, pursuant to a medicare contract, or an 7,037
evidence of coverage that provides for the coverage of 7,038
beneficiaries enrolled in the federal employees health benefits 7,039
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage 7,040
that provides for the coverage of beneficiaries enrolled in Title 7,041
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,042
U.S.C.A. 301, as amended, known as the medical assistance program 7,043
or medicaid, provided by the Ohio department of human JOB AND 7,044
FAMILY services under Chapter 5111. of the Revised Code, or an 7,046
evidence of coverage that provides for the coverage of 7,047
159
beneficiaries under any other federal health care program 7,048
regulated by a federal regulatory body, or an evidence of
coverage that provides for the coverage of beneficiaries under 7,049
any contract covering officers or employees of the state that has 7,050
been entered into by the department of administrative services, 7,051
if both of the following apply: 7,052
(1) The evidence of coverage has been approved by the 7,054
United States department of health and human services, the United 7,055
States office of personnel management, the Ohio department of 7,056
human JOB AND FAMILY services, or the department of 7,057
administrative services.
(2) The evidence of coverage is filed with the 7,059
superintendent of insurance prior to use and is accompanied by 7,060
documentation of approval from the United States department of 7,061
health and human services, the United States office of personnel 7,062
management, the Ohio department of human JOB AND FAMILY services, 7,063
or the department of administrative services. 7,065
Sec. 1751.12. (A)(1) No contractual periodic prepayment 7,075
and no premium rate for nongroup and conversion policies for 7,076
health care services, or any amendment to them, may be used by 7,077
any health insuring corporation at any time until the contractual 7,078
periodic prepayment and premium rate, or amendment, have been 7,079
filed with the superintendent of insurance, and shall not be 7,080
effective until the expiration of sixty days after their filing 7,081
unless the superintendent sooner gives approval. The filing 7,082
shall be accompanied by an actuarial certification in the form 7,083
prescribed by the superintendent. The superintendent shall 7,084
disapprove the filing, if the superintendent determines within 7,085
the sixty-day period that the contractual periodic prepayment or 7,086
premium rate, or amendment, is not in accordance with sound 7,087
actuarial principles or is not reasonably related to the 7,088
applicable coverage and characteristics of the applicable class 7,089
of enrollees. The superintendent shall notify the health 7,090
insuring corporation of the disapproval, and it shall thereafter 7,091
160
be unlawful for the health insuring corporation to use the 7,092
contractual periodic prepayment or premium rate, or amendment. 7,093
(2) No contractual periodic prepayment for group policies 7,096
for health care services shall be used until the contractual 7,097
periodic prepayment has been filed with the superintendent. The 7,098
filing shall be accompanied by an actuarial certification in the 7,099
form prescribed by the superintendent. The superintendent may 7,101
reject a filing made under division (A)(2) of this section at any 7,102
time, with at least thirty days' written notice to a health 7,103
insuring corporation, if the contractual periodic prepayment is 7,104
not in accordance with sound actuarial principles or is not 7,106
reasonably related to the applicable coverage and characteristics 7,107
of the applicable class of enrollees. 7,108
(3) At any time, the superintendent, upon at least thirty 7,110
days' written notice to a health insuring corporation, may 7,111
withdraw the approval given under division (A)(1) of this 7,112
section, deemed or actual, of any contractual periodic prepayment 7,114
or premium rate, or amendment, based on information that either 7,115
of the following applies:
(a) The contractual periodic prepayment or premium rate, 7,118
or amendment, is not in accordance with sound actuarial 7,119
principles.
(b) The contractual periodic prepayment or premium rate, 7,122
or amendment, is not reasonably related to the applicable 7,123
coverage and characteristics of the applicable class of 7,124
enrollees.
(4) Any disapproval under division (A)(1) of this section, 7,126
any rejection of a filing made under division (A)(2) of this 7,128
section, or any withdrawal of approval under division (A)(3) of 7,129
this section, shall be effected by a written notice, which shall 7,130
state the specific basis for the disapproval, rejection, or 7,131
withdrawal and shall be issued in accordance with Chapter 119. of 7,132
the Revised Code. 7,133
(B) Notwithstanding division (A) of this section, a health 7,136
161
insuring corporation may use a contractual periodic prepayment or 7,137
premium rate for policies used for the coverage of beneficiaries 7,138
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 7,140
620 (1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare 7,142
risk contract or medicare cost contract, or for policies used for 7,143
the coverage of beneficiaries enrolled in the federal employees 7,144
health benefits program pursuant to 5 U.S.C.A. 8905, or for 7,147
policies used for the coverage of beneficiaries enrolled in Title 7,148
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,150
U.S.C.A. 301, as amended, known as the medical assistance program 7,153
or medicaid, provided by the Ohio department of human JOB AND 7,154
FAMILY services under Chapter 5111. of the Revised Code, or for 7,157
policies used for the coverage of beneficiaries under any other 7,158
federal health care program regulated by a federal regulatory 7,159
body, or for policies used for the coverage of beneficiaries 7,160
under any contract covering officers or employees of the state 7,161
that has been entered into by the department of administrative 7,163
services, if both of the following apply: 7,165
(1) The contractual periodic prepayment or premium rate 7,167
has been approved by the United States department of health and 7,168
human services, the United States office of personnel management, 7,170
the Ohio department of human JOB AND FAMILY services, or the 7,171
department of administrative services. 7,172
(2) The contractual periodic prepayment or premium rate is 7,174
filed with the superintendent prior to use and is accompanied by 7,175
documentation of approval from the United States department of 7,177
health and human services, the United States office of personnel 7,178
management, the Ohio department of human JOB AND FAMILY services, 7,180
or the department of administrative services. 7,181
(C) The administrative expense portion of all contractual 7,184
periodic prepayment or premium rate filings submitted to the 7,185
superintendent for review must reflect the actual cost of 7,186
administering the product. The superintendent may require that 7,187
the administrative expense portion of the filings be itemized and 7,188
162
supported.
(D)(1) Copayments must be reasonable and must not be a 7,190
barrier to the necessary utilization of services by enrollees. 7,191
(2) A health insuring corporation may not impose copayment 7,194
charges on basic health care services that exceed thirty per cent 7,195
of the total cost of providing any single covered health care 7,196
service, except for physician office visits, emergency health 7,197
services, and urgent care services. The total cost of providing 7,198
a health care service is the cost to the health insuring 7,199
corporation of providing the health care service to its enrollees 7,201
as reduced by any applicable provider discount. An open panel 7,203
plan may not impose copayments on out-of-network benefits that 7,204
exceed fifty per cent of the total cost of providing any single 7,205
covered health care service.
(3) To ensure that copayments are not a barrier to the 7,207
utilization of basic health care services, a health insuring 7,208
corporation may not impose, in any contract year, on any 7,210
subscriber or enrollee, copayments that exceed two hundred per 7,211
cent of the total annual premium rate to the subscriber or 7,212
enrollees. This limitation of two hundred per cent does not 7,215
include any reasonable copayments that are not a barrier to the 7,216
necessary utilization of health care services by enrollees and 7,217
that are imposed on physician office visits, emergency health 7,218
services, urgent care services, supplemental health care 7,219
services, or specialty health care services.
(E) A health insuring corporation shall not impose 7,222
lifetime maximums on basic health care services. However, a 7,223
health insuring corporation may establish a benefit limit for 7,224
inpatient hospital services that are provided pursuant to a 7,225
policy, contract, certificate, or agreement for supplemental 7,226
health care services.
Sec. 1751.13. (A)(1)(a) A health insuring corporation 7,236
shall, either directly or indirectly, enter into contracts for 7,237
the provision of health care services with a sufficient number 7,238
163
and types of providers and health care facilities to ensure that 7,239
all covered health care services will be accessible to enrollees 7,240
from a contracted provider or health care facility. 7,241
(b) A health insuring corporation shall not refuse to 7,244
contract with a physician for the provision of health care
services or refuse to recognize a physician as a specialist on 7,245
the basis that the physician attended an educational program or a 7,247
residency program approved or certified by the American 7,248
Osteopathic Association OSTEOPATHIC ASSOCIATION. A health 7,249
insuring corporation shall not refuse to contract with a health 7,251
care facility for the provision of health care services on the 7,252
basis that the health care facility is certified or accredited by 7,253
the American Osteopathic Association OSTEOPATHIC ASSOCIATION or 7,255
that the health care facility is an osteopathic hospital as 7,257
defined in section 3702.51 of the Revised Code. 7,259
(c) Nothing in division (A)(1)(b) of this section shall be 7,263
construed to require a health insuring corporation to make a 7,264
benefit payment under a closed panel plan to a physician or 7,265
health care facility with which the health insuring corporation 7,266
does not have a contract, provided that none of the bases set 7,267
forth in that division are used as a reason for failing to make a 7,268
benefit payment.
(2) When a health insuring corporation is unable to 7,270
provide a covered health care service from a contracted provider 7,271
or health care facility, the health insuring corporation must 7,272
provide that health care service from a noncontracted provider or 7,274
health care facility consistent with the terms of the enrollee's 7,275
policy, contract, certificate, or agreement. The health insuring 7,276
corporation shall either ensure that the health care service be 7,277
provided at no greater cost to the enrollee than if the enrollee 7,278
had obtained the health care service from a contracted provider 7,279
or health care facility, or make other arrangements acceptable to 7,280
the superintendent of insurance. 7,281
(3) Nothing in this section shall prohibit a health 7,283
164
insuring corporation from entering into contracts with 7,284
out-of-state providers or health care facilities that are 7,285
licensed, certified, accredited, or otherwise authorized in that 7,286
state. 7,287
(B)(1) A health insuring corporation shall, either 7,290
directly or indirectly, enter into contracts with all providers 7,291
and health care facilities through which health care services are 7,292
provided to its enrollees.
(2) A health insuring corporation, upon written request, 7,294
shall assist its contracted providers in finding stop-loss or 7,295
reinsurance carriers.
(C) A health insuring corporation shall file an annual 7,297
certificate with the superintendent certifying that all provider 7,298
contracts and contracts with health care facilities through which 7,299
health care services are being provided contain the following: 7,300
(1) A description of the method by which the provider or 7,302
health care facility will be notified of the specific health care 7,304
services for which the provider or health care facility will be 7,305
responsible, including any limitations or conditions on such 7,306
services;
(2) The specific hold harmless provision specifying 7,308
protection of enrollees set forth as follows: 7,309
"[Provider/Health Care Facility< agrees that in no event, 7,312
including but not limited to nonpayment by the health insuring 7,313
corporation, insolvency of the health insuring corporation, or 7,314
breach of this agreement, shall [Provider/Health Care Facility< 7,316
bill, charge, collect a deposit from, seek remuneration or 7,317
reimbursement from, or have any recourse against, a subscriber, 7,318
enrollee, person to whom health care services have been provided, 7,320
or person acting on behalf of the covered enrollee, for health 7,321
care services provided pursuant to this agreement. This does not 7,322
prohibit [Provider/Health Care Facility< from collecting 7,323
co-insurance or copayments as specifically provided in the 7,325
evidence of coverage, or fees for uncovered health care services 7,326
165
delivered on a fee-for-service basis to persons referenced above, 7,327
nor from any recourse against the health insuring corporation or 7,328
its successor."
(3) Provisions requiring the provider or health care 7,330
facility to continue to provide covered health care services to 7,331
enrollees in the event of the health insuring corporation's 7,332
insolvency or discontinuance of operations. The provisions shall 7,334
require the provider or health care facility to continue to 7,335
provide covered health care services to enrollees as needed to 7,336
complete any medically necessary procedures commenced but 7,337
unfinished at the time of the health insuring corporation's
insolvency or discontinuance of operations. The completion of a 7,338
medically necessary procedure shall include the rendering of all 7,340
covered health care services that constitute medically necessary 7,341
follow-up care for that procedure. If an enrollee is receiving 7,343
necessary inpatient care at a hospital, the provisions may limit 7,344
the required provision of covered health care services relating 7,345
to that inpatient care in accordance with division (D)(3) of 7,346
section 1751.11 of the Revised Code, and may also limit such 7,347
required provision of covered health care services to the period 7,348
ending thirty days after the health insuring corporation's 7,349
insolvency or discontinuance of operations. 7,350
The provisions required by division (C)(3) of this section 7,353
shall not require any provider or health care facility to 7,354
continue to provide any covered health care service after the
occurrence of any of the following: 7,355
(a) The end of the thirty-day period following the entry 7,357
of a liquidation order under Chapter 3903. of the Revised Code; 7,359
(b) The end of the enrollee's period of coverage for a 7,361
contractual prepayment or premium; 7,362
(c) The enrollee obtains equivalent coverage with another 7,364
health insuring corporation or insurer, or the enrollee's 7,365
employer obtains such coverage for the enrollee; 7,366
(d) The enrollee or the enrollee's employer terminates 7,368
166
coverage under the contract; 7,369
(e) A liquidator effects a transfer of the health insuring 7,372
corporation's obligations under the contract under division 7,373
(A)(8) of section 3903.21 of the Revised Code.
(4) A provision clearly stating the rights and 7,375
responsibilities of the health insuring corporation, and of the 7,376
contracted providers and health care facilities, with respect to 7,377
administrative policies and programs, including, but not limited 7,378
to, payments systems, utilization review, quality assurance, 7,379
assessment, and improvement programs, credentialing, 7,380
confidentiality requirements, and any applicable federal or state 7,381
programs; 7,382
(5) A provision regarding the availability and 7,384
confidentiality of those health records maintained by providers 7,385
and health care facilities to monitor and evaluate the quality of 7,387
care, to conduct evaluations and audits, and to determine on a 7,388
concurrent or retrospective basis the necessity of and
appropriateness of health care services provided to enrollees. 7,389
The provision shall include terms requiring the provider or 7,390
health care facility to make these health records available to 7,391
appropriate state and federal authorities involved in assessing 7,392
the quality of care or in investigating the grievances or 7,393
complaints of enrollees, and requiring the provider or health 7,394
care facility to comply with applicable state and federal laws 7,395
related to the confidentiality of medical or health records. 7,397
(6) A provision that states that contractual rights and 7,399
responsibilities may not be assigned or delegated by the provider 7,401
or health care facility without the prior written consent of the 7,402
health insuring corporation;
(7) A provision requiring the provider or health care 7,404
facility to maintain adequate professional liability and 7,405
malpractice insurance. The provision shall also require the 7,406
provider or health care facility to notify the health insuring 7,407
corporation not more than ten days after the provider's or health 7,409
167
care facility's receipt of notice of any reduction or
cancellation of such coverage. 7,410
(8) A provision requiring the provider or health care 7,412
facility to observe, protect, and promote the rights of enrollees 7,414
as patients;
(9) A provision requiring the provider or health care 7,416
facility to provide health care services without discrimination 7,417
on the basis of a patient's participation in the health care 7,418
plan, age, sex, ethnicity, religion, sexual preference, health 7,419
status, or disability, and without regard to the source of 7,420
payments made for health care services rendered to a patient. 7,421
This requirement shall not apply to circumstances when the 7,422
provider or health care facility appropriately does not render 7,423
services due to limitations arising from the provider's or health 7,425
care facility's lack of training, experience, or skill, or due to 7,426
licensing restrictions.
(10) A provision containing the specifics of any 7,428
obligation on the primary care provider to provide, or to arrange 7,431
for the provision of, covered health care services twenty-four 7,432
hours per day, seven days per week;
(11) A provision setting forth procedures for the 7,434
resolution of disputes arising out of the contract; 7,435
(12) A provision stating that the hold harmless provision 7,437
required by division (C)(2) of this section shall survive the 7,439
termination of the contract with respect to services covered and 7,440
provided under the contract during the time the contract was in 7,441
effect, regardless of the reason for the termination, including
the insolvency of the health insuring corporation; 7,442
(13) A provision requiring those terms that are used in 7,444
the contract and that are defined by this chapter, be used in the 7,446
contract in a manner consistent with those definitions. 7,447
This division does not apply to the coverage of 7,449
beneficiaries enrolled in Title XVIII of the "Social Security 7,453
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,457
168
to a medicare risk contract or medicare cost contract, or to the 7,458
coverage of beneficiaries enrolled in the federal employee health 7,459
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,462
of beneficiaries enrolled in Title XIX of the "Social Security 7,466
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,470
the medical assistance program or medicaid, provided by the Ohio 7,471
department of human JOB AND FAMILY services under Chapter 5111. 7,473
of the Revised Code, or to the coverage of beneficiaries under 7,476
any federal health care program regulated by a federal regulatory 7,477
body, or to the coverage of beneficiaries under any contract 7,478
covering officers or employees of the state that has been entered 7,479
into by the department of administrative services. 7,480
(D)(1) No health insuring corporation contract with a 7,483
provider or health care facility shall contain any of the 7,484
following:
(a) A provision that directly or indirectly offers an 7,487
inducement to the provider or health care facility to reduce or 7,488
limit medically necessary health care services to a covered 7,489
enrollee;
(b) A provision that penalizes a provider or health care 7,492
facility that assists an enrollee to seek a reconsideration of 7,493
the health insuring corporation's decision to deny or limit 7,494
benefits to the enrollee; 7,495
(c) A provision that limits or otherwise restricts the 7,498
provider's or health care facility's ethical and legal
responsibility to fully advise enrollees about their medical 7,499
condition and about medically appropriate treatment options; 7,501
(d) A provision that penalizes a provider or health care 7,504
facility for principally advocating for medically necessary 7,505
health care services;
(e) A provision that penalizes a provider or health care 7,507
facility for providing information or testimony to a legislative 7,508
or regulatory body or agency. This shall not be construed to 7,509
prohibit a health insuring corporation from penalizing a provider 7,511
169
or health care facility that provides information or testimony 7,512
that is libelous or slanderous or that discloses trade secrets 7,513
which the provider or health care facility has no privilege or 7,514
permission to disclose.
(2) Nothing in this division shall be construed to 7,516
prohibit a health insuring corporation from doing either of the 7,517
following: 7,518
(a) Making a determination not to reimburse or pay for a 7,521
particular medical treatment or other health care service; 7,522
(b) Enforcing reasonable peer review or utilization review 7,525
protocols, or determining whether a particular provider or health 7,526
care facility has complied with these protocols. 7,527
(E) Any contract between a health insuring corporation and 7,530
an intermediary organization shall clearly specify that the 7,531
health insuring corporation must approve or disapprove the 7,532
participation of any provider or health care facility with which 7,533
the intermediary organization contracts. 7,534
(F) If an intermediary organization that is not a health 7,536
delivery network contracting solely with self-insured employers 7,537
subcontracts with a provider or health care facility, the 7,538
subcontract with the provider or health care facility shall do 7,539
all of the following:
(1) Contain the provisions required by divisions (C) and 7,542
(G) of this section, as made applicable to an intermediary 7,543
organization, without the inclusion of inducements or penalties 7,544
described in division (D) of this section; 7,545
(2) Acknowledge that the health insuring corporation is a 7,547
third-party beneficiary to the agreement; 7,548
(3) Acknowledge the health insuring corporation's role in 7,550
approving the participation of the provider or health care 7,551
facility, pursuant to division (E) of this section. 7,553
(G) Any provider contract or contract with a health care 7,556
facility shall clearly specify the health insuring corporation's 7,557
statutory responsibility to monitor and oversee the offering of 7,558
170
covered health care services to its enrollees. 7,559
(H)(1) A health insuring corporation shall maintain its 7,562
provider contracts and its contracts with health care facilities 7,563
at one or more of its places of business in this state, and shall 7,564
provide copies of these contracts to facilitate regulatory review 7,565
upon written notice by the superintendent of insurance. 7,566
(2) Any contract with an intermediary organization that 7,568
accepts compensation shall include provisions requiring the 7,570
intermediary organization to provide the superintendent with 7,571
regulatory access to all books, records, financial information, 7,572
and documents related to the provision of health care services to 7,573
subscribers and enrollees under the contract. The contract shall 7,574
require the intermediary organization to maintain such books, 7,575
records, financial information, and documents at its principal 7,576
place of business in this state and to preserve them for at least 7,577
three years in a manner that facilitates regulatory review. 7,578
(I)(1) A health insuring corporation shall notify its 7,581
affected enrollees of the termination of a contract for the 7,582
provision of health care services between the health insuring 7,583
corporation and a primary care physician or hospital, by mail, 7,585
within thirty days after the termination of the contract. 7,586
(a) Notice shall be given to subscribers of the 7,588
termination of a contract with a primary care physician if the 7,589
subscriber, or a dependent covered under the subscriber's health 7,590
care coverage, has received health care services from the primary 7,592
care physician within the previous twelve months or if the 7,593
subscriber or dependent has selected the physician as the
subscriber's or dependent's primary care physician within the 7,594
previous twelve months. 7,595
(b) Notice shall be given to subscribers of the 7,597
termination of a contract with a hospital if the subscriber, or a 7,599
dependent covered under the subscriber's health care coverage,
has received health care services from that hospital within the 7,600
previous twelve months. 7,601
171
(2) The health insuring corporation shall pay, in 7,603
accordance with the terms of the contract, for all covered health 7,605
care services rendered to an enrollee by a primary care physician 7,606
or hospital between the date of the termination of the contract 7,607
and five days after the notification of the contract termination 7,608
is mailed to a subscriber at the subscriber's last known address. 7,609
(J) Divisions (A) and (B) of this section do not apply to 7,612
any health insuring corporation that, on June 4, 1997, holds a 7,613
certificate of authority or license to operate under Chapter 7,615
1740. of the Revised Code. 7,616
(K) Nothing in this section shall restrict the governing 7,618
body of a hospital from exercising the authority granted it 7,619
pursuant to section 3701.351 of the Revised Code. 7,620
Sec. 1751.20. (A) No health insuring corporation, or 7,630
agent, employee, or representative of a health insuring 7,631
corporation, shall use any advertisement or solicitation 7,632
document, or shall engage in any activity, that is unfair, 7,633
untrue, misleading, or deceptive.
(B) No health insuring corporation shall use a name that 7,636
is deceptively similar to the name or description of any 7,637
insurance or surety corporation doing business in this state. 7,638
(C) All solicitation documents, advertisements, evidences 7,641
of coverage, and enrollee identification cards used by a health 7,642
insuring corporation shall contain the health insuring 7,643
corporation's name. The use of a trade name, an insurance group 7,644
designation, the name of a parent company, the name of a division 7,645
of an affiliated insurance company, a service mark, a slogan, a 7,646
symbol, or other device, without the name of the health insuring 7,647
corporation as stated in its articles of incorporation, shall not 7,648
satisfy this requirement if the usage would have the capacity and 7,649
tendency to mislead or deceive persons as to the true identity of 7,650
the health insuring corporation. 7,651
(D) No solicitation document or advertisement used by a 7,654
health insuring corporation shall contain any words, symbols, or 7,655
172
physical materials that are so similar in content, phraseology, 7,656
shape, color, or other characteristic to those used by an agency 7,657
of the federal government or this state, that prospective 7,658
enrollees may be led to believe that the solicitation document or 7,659
advertisement is connected with an agency of the federal 7,660
government or this state. 7,661
(E) A health insuring corporation that provides basic 7,663
health care services may use the phrase "health maintenance 7,665
organization" or the abbreviation "HMO" in its marketing name, 7,666
advertising, solicitation documents, or marketing literature, or 7,668
in reference to the phrase "doing business as" or the
abbreviation "DBA." 7,669
(F) This section does not apply to the coverage of 7,671
beneficiaries enrolled in Title XVIII of the "Social Security 7,673
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,676
to a medicare risk contract or medicare cost contract, or to the 7,677
coverage of beneficiaries enrolled in the federal employee health 7,678
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,680
of beneficiaries enrolled in Title XIX of the "Social Security 7,681
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,683
the medical assistance program or medicaid, provided by the Ohio 7,684
department of human JOB AND FAMILY services under Chapter 5111.
of the Revised Code, or to the coverage of beneficiaries under 7,685
any federal health care program regulated by a federal regulatory 7,686
body, or to the coverage of beneficiaries under any contract 7,688
covering officers or employees of the state that has been entered 7,689
into by the department of administrative services. 7,690
Sec. 1751.31. (A) Any changes in a health insuring 7,700
corporation's solicitation document shall be filed with the 7,701
superintendent of insurance. The superintendent, within sixty 7,702
days of filing, may disapprove any solicitation document or 7,703
amendment to it on any of the grounds stated in this section. 7,704
Such disapproval shall be effected by written notice to the 7,705
health insuring corporation. The notice shall state the grounds 7,706
173
for disapproval and shall be issued in accordance with Chapter 7,707
119. of the Revised Code. 7,708
(B) The solicitation document shall contain all 7,711
information necessary to enable a consumer to make an informed 7,712
choice as to whether or not to enroll in the health insuring 7,713
corporation. The information shall include a specific 7,714
description of the health care services to be available and the 7,715
approximate number and type of full-time equivalent medical 7,716
practitioners. The information shall be presented in the 7,717
solicitation document in a manner that is clear, concise, and 7,718
intelligible to prospective applicants in the proposed service 7,719
area.
(C) Every potential applicant whose subscription to a 7,722
health care plan is solicited shall receive, at or before the 7,723
time of solicitation, a solicitation document approved by the 7,724
superintendent.
(D) Notwithstanding division (A) of this section, a health 7,727
insuring corporation may use a solicitation document that the 7,728
corporation uses in connection with policies for beneficiaries of 7,