HC0593 H.B. 483 As Introduced
______moved to amend as follows:
1 Engross the bill as directed by the commands in the
2 amendments attached hereto, ignoring matter extraneous to those
3 commands
4 INDEX
5 The following amendments are attached hereto:
Amendment No. Subject
HC-0315-1 Definition of massage therapy and continuing education requirements for cosmetic therapists
HC-0325-1 Supplemental annuities and custodial accounts offered by public institutions of higher education
HC-0327-1 Provisions relating to payments and certain time periods in the general property appropriation law
HC-0331 Prior-year baseline for the alternative energy benchmarks
HC-0334 Ohio Housing Finance Agency
Legislative Service Commission -1- 130MBROMNIBUS COVER SHEET
HC0593
Amendment No. Subject
School Building Assistance HC-0335 Expedited Local Partnership Program
HC-0337 Infrastructure Protection Fund
Department of Job and Family HC-0341-1 Services' YMCA Earmark
Economic Gardening Technical HC-0342 Assistance Pilot Program
HC-0345-2 ARP Mitigating Rate
GED and adult education revisions HC-0346
HC-0347-1 Use of licensing fees for OARRS
HC-0348-2 Limitation on terminal distributor license exemption
HC-0352 Straight A program changes
HC-0354 Payments to art museums by school boards and local governments
HC-0358 Historic rehabilitation tax credit for "catalytic" projects State infrastructure bank HC-0359-1 obligations
HC-0362 State Penal Museum
HC-0363-4 Lake Erie incubator
HC-0366 County transit services
Legislative Service Commission -2- 130MBROMNIBUS COVER SHEET
HC0593
Amendment No. Subject
HC-0372 Certificates of need for new nursing homes
HC-0376 Child placement level of care tool pilot
HC-0377 Expand local government direct deposit payroll policy
HC-0383 Restore current funding to FQHCs line
HC-0387 Hamilton County Agricultural Society
HC-0388 County board of developmental disabilities agreement to share employees
HC-0389 Individuals disqualified from employment by county boards of developmental disabilities
HC-0390 County boards of developmental disabilities contracts with nongovernmental agencies
HC-0397 Roller rink certification
HC-0399-1 LGF reduction for counties that mail elections materials in violation of the Revised Code
6
Legislative Service Commission -3- 130MBROMNIBUS COVER SHEET
HC0593
HC-0403-1 Venture capital loan loss tax credit
HC-0412-4 Grant local law enforcement access to MARCS grants
HC-0419 Instant bingo other than at a bingo session
HC-0420 Transporting horizontal well gas: federal pipeline requirements waiver
HC-0424 Authorized uses of TIF revenue
HC-0427-1 Lodging tax for soldiers' memorial
HC-0436 School district pre-apprenticeship programs
HC-0440-1 Energy Industries of Ohio
HC-0444 Chiropractor assessment of concussions in youth sports
HC-0448-2 Master metering and submetering requirements for electric and gas service
HC-0450-1 Lyme disease information for patients
HC-0451-1 Housing Trust Fund reserve account
HC-0455 Use of lodging tax for stadium improvement and maintenance
Legislative Service Commission -4- 130MBROMNIBUS COVER SHEET
HC0593
HC-0457 Limitation of actions against registered surveyors
HC-0466-2 Workforce Training Pilot Program for the Economically Disadvantaged
HC-0477-3 State Medical Board acceptance from the state, a political subdivision, or the federal government of money from a fine, civil penalty, or seizure or forfeiture of property
HC-0480 Sports incentive grants
HC-0484 Connect Ohio and Digital Works job training appropriation
HC-0485 Ohio Casino Control commissioner salary
HC-0487 Ohio Constitutional Modernization Commission: organization; end of terms
HC-0489 Cuyahoga Community College and Facilities Construction
HC-0490-2 Travel and Tourism earmark for Historic Medina Square; Major League Baseball earmark
HC-0507-1 Assisted Living program payment rate
HC-0508 The "Branch Rickey Memorial Highway" and the "Boone Coleman Memorial Highway"
HC-0533 Nonprofit corporation for veterans
Legislative Service Commission -5- 130MBROMNIBUS COVER SHEET
HC0593 memorial and museum
HC-0541 Disaster services
HC-0545 Property tax exemption for fraternal organizations
HC-0548 Public employee status of student athletes at state universities
HC-0550 Owens Community College and University of Toledo
HC-0557-1 Children services funding and maintenance of effort; hardship funds
HC-0558-1 Adult protective services
HC-0566 LSC Technical
HC-0569 Criminal records checks, hiring and retention, and conditional hiring of persons regarding specified services and direct-care positions
HC-0570 CON Program changes
HC-0571 Reasonable efforts to finalize permanency plan
HC-0572 Unemployment-electronic filing
HC-0573 Unemployment registration Removes provision increasing HC-0574 duration of emergency rules
7
Legislative Service Commission -6- 130MBROMNIBUS COVER SHEET
HC0593
HC-0575 Manufactured Homes Commission- violations and failure to comply
HC-0576 Use of the Retained Applicant Fingerprint Database
HC-0577 Charge-back to mentally ill person's county of residence
HC-0578 Removal of intermodal equipment provider provisions
HC-0579 Remove: Loan from GRF for Division of Geological Survey program expansion costs
HC-0580 Remove: Use of orphan well funds for infrastructure
HC-0581 PRX executive director must be licensed pharmacist
HC-0582 Pipeline safety forfeitures
HC-0584 Energy efficiency requirement
HC-0585 Placement of delinquents in community corrections facilities
HC-0586 Recovery of Environmental Remediation Costs
HC-0587 Void Rule 111-3-05 of the Ohio Administrative Code
HC-0588 Operating increase for PRX
HC-0589 Adult Career Opportunity Pilot Program
Legislative Service Commission -7- 130MBROMNIBUS COVER SHEET
HC0593
HC-0590 Mayerson Jewish Community Center
HC-0591 Change name of zoo capital appropriation
HC-0592 Opioid and addiction treatment services
8 The motion was ______agreed to.
Legislative Service Commission -8- 130MBROMNIBUS COVER SHEET HC0315X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 57, after "4729.83," insert "4731.15, 4731.155," 1
Between lines 11868 and 11869, insert: 2
"Sec. 4731.15. (A)(1) The state medical board also shall 3 regulate the following limited branches of medicine: massage 4 therapy and cosmetic therapy, and to the extent specified in 5 section 4731.151 of the Revised Code, naprapathy and 6 mechanotherapy. The board shall adopt rules governing the limited 7 branches of medicine under its jurisdiction. The rules shall be 8 adopted in accordance with Chapter 119. of the Revised Code. 9
(2) As used in this chapter, "cosmetic: 10
(a) "Cosmetic therapy" means the permanent removal of hair 11 from the human body through the use of electric modalities 12 approved by the board for use in cosmetic therapy, and 13 additionally may include the systematic friction, stroking, 14 slapping, and kneading or tapping of the face, neck, scalp, or 15 shoulders. 16
(B) "Massage therapy" means the treatment of disorders of the 17 human body by the manipulation of soft tissue through the 18 systematic external application of massage techniques including 19 touch, stroking, friction, vibration, percussion, kneading, 20
130HB483-HC0315X1/SS HC0315X1 Page 2
21 stretching, compression, and joint movements within the normal 22 physiologic range of motion; and adjunctive thereto, the external 23 application of water, heat, cold, topical preparations, and 24 mechanical devices.
(B) A certificate to practice a limited branch of medicine 25 issued by the state medical board is valid for a two-year period, 26 except when an initial certificate is issued for a shorter period 27 or when division (C)(2) of this section is applicable. The 28 certificate may be renewed in accordance with division (C) of this 29 section. 30
(C)(1) Except as provided in division (C)(2) of this section, 31 all of the following apply with respect to the renewal of 32 certificates to practice a limited branch of medicine: 33
(a) Each person seeking to renew a certificate to practice a 34 limited branch of medicine shall apply for biennial registration 35 with the state medical board on a renewal application form 36 prescribed by the board. An applicant for renewal shall pay a 37 biennial registration fee of one hundred dollars. 38
(b) At least six months before a certificate expires, the 39 board shall mail or cause to be mailed a renewal notice to the 40 certificate holder's last known address. 41
(c) At least three months before a certificate expires, the 42 certificate holder shall submit the renewal application and 43 biennial registration fee to the board. 44
(2) Beginning with the 2009 registration period, the board 45 shall implement a staggered renewal system that is substantially 46 similar to the staggered renewal system the board uses under 47 division (B) of section 4731.281 of the Revised Code. 48
(D) All persons who hold a certificate to practice a limited 49
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50 branch of medicine issued by the state medical board shall provide 51 the board written notice of any change of address. The notice 52 shall be submitted to the board not later than thirty days after 53 the change of address.
(E) A certificate to practice a limited branch of medicine 54 shall be automatically suspended if the certificate holder fails 55 to renew the certificate in accordance with division (C) of this 56 section. Continued practice after the suspension of the 57 certificate to practice shall be considered as practicing in 58 violation of sections 4731.34 and 4731.41 of the Revised Code. 59
If a certificate to practice has been suspended pursuant to 60 this division for two years or less, it may be reinstated. The 61 board shall reinstate the certificate upon an applicant's 62 submission of a renewal application and payment of the biennial 63 registration fee and the applicable monetary penalty. With regard 64 to reinstatement of a certificate to practice cosmetic therapy, 65 the applicant also shall submit with the application a 66 certification that the number of hours of continuing education 67 necessary to have a suspended certificate reinstated have been 68 completed, as specified in rules the board shall adopt in 69 accordance with Chapter 119. of the Revised Code. The penalty for 70 reinstatement shall be twenty-five dollars. 71
If a certificate has been suspended pursuant to this division 72 for more than two years, it may be restored. Subject to section 73 4731.222 of the Revised Code, the board may restore the 74 certificate upon an applicant's submission of a restoration 75 application, the biennial registration fee, and the applicable 76 monetary penalty and compliance with sections 4776.01 to 4776.04 77 of the Revised Code. The board shall not restore to an applicant a 78 certificate to practice unless the board, in its discretion, 79
130HB483-HC0315X1/SS HC0315X1 Page 4
80 decides that the results of the criminal records check do not make 81 the applicant ineligible for a certificate issued pursuant to 82 section 4731.17 of the Revised Code. The penalty for restoration 83 is fifty dollars.
Sec. 4731.155. (A) Except as provided in division (D) of this 84 section, each person holding a certificate to practice cosmetic 85 therapy shall complete biennially not less than twenty-five hours 86 of continuing cosmetic therapy education. 87
Cosmetic therapists shall earn continuing education credits 88 at the rate of one-half credit hour for each twenty-five to thirty 89 minutes of instruction and one credit hour for each fifty to sixty 90 minutes of instruction. 91
(B) Only continuing education approved by the state medical 92 board may be used to fulfill the requirements of division (A) of 93 this section. 94
(C) Each certified cosmetic therapist shall submit to the 95 board at the time of biennial renewal pursuant to section 4731.15 96 of the Revised Code a sworn affidavit, in a form acceptable to the 97 board, attesting that the cosmetic therapist has completed 98 continuing education programs in compliance with this section and 99 listing the date, location, sponsor, subject matter, and hours 100 completed of the programs. 101
(D) The state medical board shall may adopt rules providing 102 for pro rata adjustments by month of the hours of that establish 103 continuing education required by this section for persons who 104 first receive a certificate during a registration period or who 105 have a registration period that is shorter or longer than two 106 years because of the implementation of a staggered renewal system 107 under section 4731.15 of the Revised Code. 108
130HB483-HC0315X1/SS HC0315X1 Page 5
The board may excuse a cosmetic therapist from all or any 109 part of the requirements of this section because of an unusual 110 circumstance, emergency, or special hardship. 111
(E) Failure to comply with the requirements of this section 112 constitutes a failure to renew pursuant to section 4731.15 of the 113 Revised Code requirements for renewal under section 4731.15 of the 114 Revised Code of a certificate to practice a limited branch of 115 medicine. The rules shall be adopted in accordance with Chapter 116 119. of the Revised Code." 117
In line 18366, after "4729.83," insert "4731.15, 4731.155," 118
In line 15 of the title, after "4729.83," insert "4731.15, 119 4731.155," 120
The motion was ______agreed to.
SYNOPSIS
Definition of Massage Therapy 121
R.C. 4731.15 122
Defines the term "massage therapy." 123
Continuing Education Requirements for Cosmetic Therapists 124
R.C. 4731.155 125
Eliminates the statutory requirements for continuing 126 education for cosmetic therapists and instead allows the State 127 Medical Board to adopt rules regarding continuing education 128 requirements for cosmetic therapists. 129
130HB483-HC0315X1/SS HC0325X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 46, after "9.482," insert "9.90, 9.91," 1
In line 67, after "sections" insert "9.911," 2
Between lines 234 and 235, insert: 3
"Sec. 9.90. (A) The board of trustees or other governing body 4 of a state institution of higher education, as defined in section 5 3345.011 of the Revised Code, board of education of a school 6 district, or governing board of an educational service center may, 7 in addition to all other powers provided in the Revised Code: 8 9
(1) Contract for, purchase, or otherwise procure from an 10 insurer or insurers licensed to do business by the state of Ohio 11 for or on behalf of such of its employees as it may determine, 12 life insurance, or sickness, accident, annuity, endowment, health, 13 medical, hospital, dental, or surgical coverage and benefits, or 14 any combination thereof, by means of insurance plans or other 15 types of coverage, family, group or otherwise, and may pay from 16 funds under its control and available for such purpose all or any 17 portion of the cost, premium, or charge for such insurance, 18 coverage, or benefits. However, the governing board, in addition 19 to or as an alternative to the authority otherwise granted by 20
130HB483-HC0325X1/BLF HC0325X1 Page 2
21 division (A)(1) of this section, may elect to procure coverage for 22 health care services, for or on behalf of such of its employees as 23 it may determine, by means of policies, contracts, certificates, 24 or agreements issued by at least two health insuring corporations 25 holding a certificate of authority under Chapter 1751. of the 26 Revised Code and may pay from funds under the governing board's 27 control and available for such purpose all or any portion of the 28 cost of such coverage.
(2) Make payments to a custodial account for investment in 29 regulated investment company stock for the purpose of providing 30 retirement benefits as described in section 403(b)(7) of the that 31 is treated as an annuity under Internal Revenue Code of 1954, as 32 amended. Such stock shall be purchased only from persons 33 authorized to sell such stock in this state section 403(b). 34
Any income of an employee deferred under divisions (A)(1) and 35 (2) of this section in a deferred compensation program eligible 36 for favorable tax treatment under the Internal Revenue Code of 37 1954, as amended, shall continue to be included as regular 38 compensation for the purpose of computing the contributions to and 39 benefits from the retirement system of such employee. Any sum so 40 deferred shall not be included in the computation of any federal 41 and state income taxes withheld on behalf of any such employee. 42
(B) All or any portion of the cost, premium, or charge 43 therefor may be paid in such other manner or combination of 44 manners as the board or governing body may determine, including 45 direct payment by the employee in cases under division (A)(1) of 46 this section, and, if authorized in writing by the employee in 47 cases under division (A)(1) or (2) of this section, by the board 48 or governing body with moneys made available by deduction from or 49 reduction in salary or wages or by the foregoing of a salary or 50
130HB483-HC0325X1/BLF HC0325X1 Page 3
51 wage increase. Nothing in section 3917.01 or section 3917.06 of 52 the Revised Code shall prohibit the issuance or purchase of group 53 life insurance authorized by this section by reason of payment of 54 premiums therefor by the board or governing body from its funds, 55 and such group life insurance may be so issued and purchased if 56 otherwise consistent with the provisions of sections 3917.01 to 57 3917.07 of the Revised Code.
(C) The board of education of any school district may 58 exercise any of the powers granted to the governing boards of 59 public institutions of higher education under divisions (A) and 60 (B) of this section. All health care benefits provided to persons 61 employed by the public schools of this state shall be through 62 health care plans that contain best practices established by the 63 department of administrative services pursuant to section 9.901 of 64 the Revised Code. 65
Sec. 9.91. If the governing board of a public institution of 66 higher education or the board of education of a school district 67 procures a tax-sheltered annuity for an employee, pursuant to 68 section 9.90 of the Revised Code, that meets the requirements of 69 section 403(b) of the Internal Revenue Code of 1954, 26 U.S.C.A. 70 section 403(b), the employee has the right to designate the 71 licensed agent, broker, or company through whom the board shall 72 arrange for the placement or purchase of the tax-sheltered 73 annuity. In any case in which the employee has designated such an 74 agent, broker, or company, the board shall comply with the 75 designation, provided that the board may impose either or both of 76 the following as conditions to complying with any such 77 designations: 78
(A) The designee must execute a reasonable agreement 79 protecting the institution or district from any liability 80
130HB483-HC0325X1/BLF HC0325X1 Page 4
81 attendant to procuring the annuity;
(B) The designee must be designated by a number of employees 82 equal to at least one per cent of the board's full-time employees 83 or at least five employees, whichever is greater, except that the 84 board may not require that the agent, broker, or company be 85 designated by more than fifty employees. 86
Sec. 9.911. (A) An annuity contract or custodial account 87 procured for an employee of a public institution of higher 88 education pursuant to section 9.90 of the Revised Code shall 89 comply with both of the following: 90
(1) The annuity contract or custodial account must meet the 91 requirements of Internal Revenue Code section 403(b). 92
(2) The institution, in its sole and absolute discretion, 93 shall arrange for the procurement of the annuity contract or 94 custodial account by doing one of the following: 95
(a) Selecting a minimum of four providers of annuity 96 contracts or custodial accounts through a selection process 97 determined by the institution in its sole and absolute discretion, 98 except that if fewer than four providers are available the 99 institution shall select the number of providers available. 100
(b) Subject to division (D) of this section, allowing each 101 eligible employee to designate a licensed agent, broker, or 102 company as a provider. 103
(B) Division (A)(2)(a) of this section does not require a 104 public institution of higher education to select a provider if 105 either of the following is the case: 106
(1) The provider is not willing to provide an annuity 107 contract or custodial account at that public institution. 108
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(2) The provider is not willing to agree to the terms and 109 conditions of the agreement described in division (E) of this 110 section. 111
(C) Designation as a provider under section 9.90 of the 112 Revised Code prior to the effective date of this section does not 113 give a licensed agent, broker, or company a right to be selected 114 as a provider under this section, but subject to division (D) of 115 this section, such a licensed agent, broker, or company shall 116 remain a provider until another provider is selected under 117 division (A)(2) of this section. 118
(D) If an employee designates a provider under division 119 (A)(2)(b) of this section, the employing institution shall comply 120 with the designation but may require either or both of the 121 following: 122
(1) That the provider enter into an agreement with the 123 institution that does either or both of the following: 124
(a) Prohibits the provider from transferring funds to a third 125 party without the express consent of the institution or its 126 authorized representative; 127
(b) Includes such other terms and conditions as are 128 established by the institution in its sole discretion. 129
(2) That the provider be designated by a number of employees 130 equal to at least one per cent of the institution's eligible 131 employees or at least five employees, whichever is greater, except 132 that the institution may not require that the provider be 133 designated by more than fifty employees. 134
(E) An institution may require a provider selected under 135 division (A)(2)(a) of this section to enter into an agreement with 136 the institution that does either or both of the following: 137
130HB483-HC0325X1/BLF HC0325X1 Page 6
(1) Prohibits the provider from transferring funds to a third 138 party without the express consent of the institution or its 139 authorized representative; 140
(2) Includes such other terms and conditions as are 141 established by the institution in its sole discretion." 142
In line 18355, after "9.482," insert "9.90, 9.91," 143
In line 1 of the title, after "9.482," insert "9.90, 9.91," 144
In line 30 of the title, after "sections" insert "9.911," 145
The motion was ______agreed to.
SYNOPSIS
Supplemental annuities and custodial accounts offered by 146 public institutions of higher education 147
R.C. 9.90, 9.91, and 9.911 148
Provides that a supplemental tax-sheltered annuity contract 149 or custodial account offered to an employee by a public 150 institution of higher education may be offered through the 151 institution's choice of (1) selecting four or more providers 152 through a selection process determined by the institution or (2) a 153 provider designated by the employee. 154
Provides that the public institution of higher education may 155 impose any terms and conditions on the provider of an annuity 156 contract or custodial account that the institution chooses and may 157 prohibit transfer of funds to a third party without the 158 institution's consent. 159
130HB483-HC0325X1/BLF HC0327X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "153.56," insert "163.15, 163.53, 163.54, 1 163.55," 2
Between lines 1974 and 1975, insert: 3
"Sec. 163.15. (A) As soon as the agency pays to the party 4 entitled thereto or deposits with the court the amount of the 5 award and the costs assessed against the agency, it may take 6 possession; provided, that this shall not be construed to limit 7 the right of a public agency to enter and take possession, as 8 provided in section 163.06 of the Revised Code. When the agency is 9 entitled to possession the court shall enter an order to such 10 effect upon the record and, if necessary, process shall be issued 11 to place the agency in possession. Whenever a final journal entry 12 in an appropriation proceeding, granting to this state a fee title 13 or any lesser estate or interest in real property is filed and 14 journalized by the clerk of courts, the clerk of courts shall 15 forthwith transmit to the county auditor a certified copy of said 16 final journal entry who shall transfer the property on the 17 auditor's books and transmit said entry with proper endorsement to 18 the county recorder for recording. The costs of filing such final 19 journal entry with the county auditor and the county recorder 20 shall be taxed as costs in the appropriation proceedings the same 21
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as other costs are taxed under section 163.16 of the Revised Code. 22
(B)(1) Whenever the appropriation of real property requires 23 the owner, a commercial tenant, or a residential tenant identified 24 by the owner in a notice filed with the court to move or relocate, 25 the agency shall make a payment to that person, upon proper 26 application as approved by the agency, for all of the following: 27
(a) Actual reasonable expenses in moving the person and the 28 person's family, business, farm operation, or other personal 29 property; 30
(b) Actual direct losses of tangible personal property as a 31 result of moving or discontinuing a business or farm operation, 32 but not to exceed an amount equal to the reasonable expenses that 33 would have been required to relocate such property, as determined 34 by the agency; 35
(c) Actual reasonable expenses in searching for a replacement 36 business or farm, but not to exceed two thousand five hundred 37 dollars; 38
(d) Actual and reasonable expenses necessary to reestablish a 39 farm, nonprofit organization, or small business at its new site, 40 but not to exceed ten twenty-five thousand dollars. 41
(2) If the agency does not approve a payment for which the 42 owner applied under division (B)(1) of this section, the trier of 43 fact, upon presentation of proof, shall determine whether to award 44 a payment for the expenses described in division (B)(1) of this 45 section and the amount of any award. The owner shall have the 46 burden of proof with respect to those expenses. 47
(3)(a) In addition to any payments an owner of a business may 48 receive under division (B)(1) of this section, an owner of a 49 business who is required by an appropriation of real property to 50
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51 relocate the business may recover damages for the owner's actual 52 economic loss resulting from the appropriation, as proven by the 53 owner by a preponderance of the evidence. Compensation for actual 54 economic loss under this division shall not include any attorney's 55 fees and shall not duplicate any amount awarded as compensation 56 under this chapter.
(b) The amount of compensation awarded under division 57 (B)(3)(a) of this section shall not exceed twelve months net 58 profit of the business on an annualized basis. Except as otherwise 59 provided in division (B)(3)(c) of this section, if the agency is 60 appropriating property in time of war or other public exigency 61 imperatively requiring its immediate seizure, for the purpose of 62 making or repairing roads that shall be open to the public without 63 charge, for the purpose of implementing rail service under Chapter 64 4981. of the Revised Code, or under section 307.08, 504.19, 65 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the 66 result of a public exigency, or the agency is a municipal 67 corporation that is appropriating property as a result of a public 68 exigency, the period for which the net profit of the business is 69 calculated shall be twelve months minus the time period from the 70 date the agency gives the notice required by section 163.04 of the 71 Revised Code to the date the agency deposits the value of the 72 property with the court pursuant to section 163.06 of the Revised 73 Code or pays that amount to the owner, but in no event shall the 74 compensation time period be less than fifteen days. If the period 75 on which the loss is calculated is reduced to fifteen days and the 76 relocation is unusually complex, the owner may request the agency 77 to increase that period by up to fifteen additional days. If the 78 agency fails to pay the compensation as provided under division 79 (B)(3)(a) of this section or denies the request, the owner may 80 seek an award of such compensation pursuant to this section. 81
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(c) In case of an act of God or other public exigency that 82 requires an immediate taking of property to protect public health 83 or safety or in case of a voluntary conveyance, the amount of 84 compensation awarded under division (B)(3)(a) of this section 85 shall not exceed fifteen days net profit of the business on an 86 annualized basis. The owner may request the agency to increase 87 that period by up to fifteen additional days. If the agency fails 88 to pay the compensation as provided under division (B)(3)(a) of 89 this section or denies the request, the owner may seek an award of 90 such compensation pursuant to this section. 91
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Sec. 163.53. (A) Whenever the acquisition of real property 92 for a program or project undertaken by a displacing agency will 93 result in the displacement of any person, the head of the agency 94 shall make a payment to any displaced person, upon proper 95 application as approved by such agency head, for all of the 96 following: 97
(1) Actual reasonable expenses in moving the person, the 98 person's family, business, farm operation, or other personal 99 property; 100
(2) Actual direct losses of tangible personal property as a 101 result of moving or discontinuing a business or farm operation, 102 but not to exceed an amount equal to the reasonable expenses that 103 would have been required to relocate such property, as determined 104 by the head of the displacing agency; 105
(3) Actual reasonable expenses in searching for a replacement 106 business or farm, but not to exceed two thousand five hundred 107 dollars; 108
(4) Actual and reasonable expenses necessary to reestablish a 109 displaced farm, nonprofit organization, or small business at its 110 new site, but not to exceed ten twenty-five thousand dollars. 111
(B) Any displaced person eligible for payments under division 112 (A) of this section who is displaced from a dwelling and who 113 elects to accept the payments authorized by this division in lieu 114 of the payments authorized by division (A) of this section may 115 receive an expense and dislocation allowance, determined according 116 to a schedule established by the head of the displacing agency. 117
(C) Any displaced person eligible for payments under division 118 (A) of this section who is displaced from the person's place of 119 business or from the person's farm operation may qualify for the 120
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121 payment authorized by this division in lieu of the payment 122 authorized by division (A) of this section. The payment authorized 123 by this division shall consist of a fixed payment in an amount to 124 be determined according to criteria established by the head of the 125 lead agency, except that such payment shall be not less than one 126 thousand dollars nor more than twenty forty thousand dollars. A 127 person whose sole business at the displacement dwelling is the 128 rental of such property to others does not qualify for a payment 129 under this division.
(D)(1) Except as provided in section 5501.51 of the Revised 130 Code, if a program or project undertaken by a displacing agency 131 results in the relocation of a utility facility, and the purpose 132 of the program or project was not to relocate or reconstruct any 133 utility facility; and if the owner of the utility facility which 134 is being relocated under such program or project has entered into 135 a franchise or similar agreement with the state or local 136 government on whose property, easement, or right-of-way such 137 facility is located with respect to the use of such property, 138 easement, or right-of-way; and if the relocation of such facility 139 results in such owner incurring an extraordinary cost in 140 connection with such relocation; then the displacing agency may, 141 in accordance with such rules as the head of the lead agency may 142 adopt, provide to such owner a relocation payment which may not 143 exceed the amount of such extraordinary cost, less any increase in 144 the value of the new utility facility above the value of the old 145 utility facility, and less any salvage value derived from the old 146 utility facility. 147
(2) As used in division (D) of this section: 148
(a) "Extraordinary cost in connection with a relocation" 149 means any cost incurred by the owner of a utility facility in 150
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151 connection with relocation of such facility that is determined by 152 the head of the displacing agency, under such rules as the head of 153 the lead agency shall adopt, to be a nonroutine relocation 154 expense, to be a cost that owner ordinarily does not include in 155 its annual budget as an expense of operation, and to meet such 156 other requirements as the lead agency may prescribe in such rules.
(b) "Utility facility" means any electric, gas, water, steam 157 power, or materials transmission or distribution system; any 158 transportation system; any communications system, including cable 159 television; and any fixture, equipment, or other property 160 associated with the operation, maintenance, or repair of any such 161 system; which is located on property owned by a state or local 162 government or over which a state or local government has an 163 easement or right-of-way. A utility facility may be publicly, 164 privately, or cooperatively owned. 165
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Sec. 163.54. (A) In addition to payments otherwise authorized 166 by sections 163.51 to 163.62 of the Revised Code, the head of the 167 displacing agency shall make an additional payment not to exceed 168 twenty-two thirty-one thousand five hundred dollars to any 169 displaced person who is displaced from a dwelling actually owned 170 and occupied by him the displaced person for not less than one 171 hundred eighty ninety days prior to the initiation of negotiations 172 for the acquisition of the property. Such additional payment shall 173 include the following elements: 174
(1) The amount, if any, which when added to the acquisition 175 cost of the dwelling acquired by the displacing agency, equals the 176 reasonable cost of a comparable replacement dwelling. 177
(2) The amount, if any, which will compensate the displaced 178 person for any increased interest costs and other debt service 179 costs which the person is required to pay for financing the 180 acquisition of a comparable replacement dwelling. This amount 181 shall be paid only if the dwelling acquired by the displacing 182 agency was encumbered by a bona fide mortgage which was a valid 183 lien on the dwelling for not less than one hundred eighty ninety 184 days prior to the initiation of negotiations for the acquisition 185 of the dwelling. 186
(3) Reasonable expenses incurred by the displaced person for 187 evidence of title, recording fees, and other closing costs 188 incident to the purchase of the replacement dwelling, but not 189 including prepaid expenses. 190
(4) A rental assistance payment for a displaced person who is 191 eligible for a replacement housing payment under this section but 192 who elects to rent a replacement dwelling. The amount of the 193 rental assistance payment shall be based on a determination of 194
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195 market rent for the acquired dwelling compared to a comparable 196 rental dwelling available on the market in the general area of the 197 acquired dwelling. The difference, if any, shall be computed in 198 accordance with division (A) of section 163.55 of the Revised 199 Code, except the limit of seven thousand two hundred dollars shall 200 not apply. Under no circumstances shall the rental assistance 201 payment exceed the amount that the displaced person could have 202 received under division (A)(1) of this section. A displaced person 203 who is eligible to receive a replacement housing payment under 204 this section is not eligible for a down payment assistance payment 205 described in division (B) of section 163.55 of the Revised Code.
(B) The additional payment authorized by this section shall 206 be made only to a displaced person who purchases and occupies a 207 replacement dwelling which is decent, safe, and sanitary not later 208 than the end of the one-year period beginning on the date on which 209 he the displaced person receives from the displacing agency final 210 payment of all costs of the acquired dwelling, or on the date on 211 which the displacing agency's obligation under division (B)(3) of 212 section 163.56 of the Revised Code is met, whichever is later, 213 except that the displacing agency may extend the period for good 214 cause. If the period is extended, the payment under this section 215 shall be based on the costs of relocating the person to a 216 comparable replacement dwelling within one year after the 217 displaced person receives from the displacing agency final payment 218 of all costs of the acquired dwelling. 219
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Sec. 163.55. (A) In addition to amounts otherwise authorized 220 by sections 163.51 to 163.62 of the Revised Code, the head of a 221 displacing agency shall make a payment to or for any displaced 222 person displaced from any dwelling not eligible to receive a 223 payment under section 163.54 of the Revised Code which dwelling 224 was actually and lawfully occupied by such displaced person for 225 not less than ninety days prior to the initiation of negotiations 226 for acquisition of such dwelling, or in any case in which 227 displacement is not a direct result of acquisition, not less than 228 ninety days prior to such other event as the head of the lead 229 agency shall prescribe. The payment shall consist of the amount 230 necessary to enable the displaced person to lease or rent for a 231 period not to exceed forty-two months, a comparable replacement 232 dwelling, but not to exceed five seven thousand two hundred fifty 233 dollars. At the discretion of the head of the displacing agency, a 234 payment under this division may be made in periodic installments. 235 Computation of a payment under this division to a low-income 236 displaced person shall take into account the person's income. 237
(B) Any person eligible for a payment under division (A) of 238 this section may elect to apply the payment to a down payment on, 239 and other incidental expenses pursuant to, the purchase of a 240 decent, safe, and sanitary replacement dwelling. The person may, 241 under criteria established by the head of the displacing agency, 242 be eligible under this division for the maximum payment allowed 243 under division (A) of this section, except that, in the case of a 244 displaced home owner who has owned and occupied the displacement 245 dwelling for at least ninety days but not more than one hundred 246 eighty days immediately prior to the initiation of negotiations 247 for the acquisition of such dwelling, the payment shall not exceed 248 the payment the person would otherwise have received under section 249
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163.54 of the Revised Code had the person owned and occupied the 250 displacement dwelling one hundred eighty days immediately prior to 251 the initiation of the negotiations." 252
In line 18357, after "153.56," insert "163.15, 163.53, 253 163.54, 163.55," 254
In line 4 of the title, after "153.56," insert "163.15, 255 163.53, 163.54, 163.55," 256
The motion was ______agreed to.
SYNOPSIS
Provisions relating to payments and certain time periods in 257 the general property appropriation law 258
R.C. 163.15, 163.53, 163.54, and 163.55 259
In relation to the appropriation of property by a public 260 agency, the amendment: 261
(1) Increases from $10,000 to $25,000 the maximum amount an 262 agency must pay to a farm owner, nonprofit corporation, or small 263 business for actual and reasonable expenses necessary to 264 reestablish the farm, nonprofit organization, or small business at 265 its new site, or a displaced farm, nonprofit organization, or 266 small business at its new site; 267
(2) Increases from $20,000 to $40,000 the maximum fixed 268 amount an agency must pay to a person who is displaced from the 269 person's place of business or farm operation in lieu of a 270 reestablishment payment; 271
(3) Increases from $22,500 to $31,000 the maximum additional 272
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273 payment an agency must pay to a person who is displaced from a 274 dwelling the person owns and occupies;
(4) For purposes of qualifying for an additional payment, 275 reduces from 180 to 90 days the period of time the person must 276 have occupied the dwelling prior to the initiation of negotiations 277 for the acquisition of the property; 278
(5) If the additional payment will consist of payment for any 279 increased interest costs and other debt service the person will 280 incur in financing a comparable replacement dwelling, reduces from 281 180 days to 90 days the period of time the acquired property must 282 have been encumbered by a bona fide mortgage in order for the 283 person to be eligible for that component of the additional 284 payment; 285
(6) Increases from $5,250 to $7,200 the maximum supplemental 286 payment an agency must pay to a person who is displaced from a 287 dwelling that the person occupied for at least 90 days prior to 288 the initiation of negotiations for the acquisition of the dwelling 289 to enable the person to lease or rent, for a period of not more 290 than 42 months, a comparable replacement dwelling; and 291
(7) Eliminates the existing limitation on the amount of the 292 supplemental payment if the person occupied the dwelling for more 293 than 90 but less than 180 days prior to the initiation of 294 negotiations. 295
130HB483-HC0327X1/SS HC0331 H.B. 483 As Introduced
______moved to amend as follows:
In line 61, after "4923.04," insert "4928.64," 1
In line 68, after "4909.157," insert "4928.641, 4928.642," 2
Between lines 12998 and 12999, insert: 3
"Sec. 4928.64. (A)(1) As used in sections 4928.64 and 4928.65 4 of the Revised Code, "alternative energy resource" means an 5 advanced energy resource or renewable energy resource, as defined 6 in section 4928.01 of the Revised Code that has a 7 placed-in-service date of January 1, 1998, or after; a renewable 8 energy resource created on or after January 1, 1998, by the 9 modification or retrofit of any facility placed in service prior 10 to January 1, 1998; or a mercantile customer-sited advanced energy 11 resource or renewable energy resource, whether new or existing, 12 that the mercantile customer commits for integration into the 13 electric distribution utility's demand-response, energy 14 efficiency, or peak demand reduction programs as provided under 15 division (A)(2)(c) of section 4928.66 of the Revised Code, 16 including, but not limited to, any of the following: 17
(a) A resource that has the effect of improving the 18 relationship between real and reactive power; 19
(b) A resource that makes efficient use of waste heat or 20
130HB483-HC0331/SS HC0331 Page 2
21 other thermal capabilities owned or controlled by a mercantile 22 customer;
(c) Storage technology that allows a mercantile customer more 23 flexibility to modify its demand or load and usage 24 characteristics; 25
(d) Electric generation equipment owned or controlled by a 26 mercantile customer that uses an advanced energy resource or 27 renewable energy resource; 28
(e) Any advanced energy resource or renewable energy resource 29 of the mercantile customer that can be utilized effectively as 30 part of any advanced energy resource plan of an electric 31 distribution utility and would otherwise qualify as an alternative 32 energy resource if it were utilized directly by an electric 33 distribution utility. 34
(2) For the purpose of this section and as it considers 35 appropriate, the public utilities commission may classify any new 36 technology as such an advanced energy resource or a renewable 37 energy resource. 38
(B) By 2025 and thereafter, an electric distribution utility 39 shall provide from alternative energy resources, including, at its 40 discretion, alternative energy resources obtained pursuant to an 41 electricity supply contract, a portion of the electricity supply 42 required for its standard service offer under section 4928.141 of 43 the Revised Code, and an electric services company shall provide a 44 portion of its electricity supply for retail consumers in this 45 state from alternative energy resources, including, at its 46 discretion, alternative energy resources obtained pursuant to an 47 electricity supply contract. That portion shall equal twenty-five 48 per cent of the total number of kilowatt hours of electricity sold 49 by the subject utility or company to any and all retail electric 50
130HB483-HC0331/SS HC0331 Page 3
51 consumers whose electric load centers are served by that utility 52 and are located within the utility's certified territory or, in 53 the case of an electric services company, are served by the 54 company and are located within this state. However, nothing in 55 this section precludes a utility or company from providing a 56 greater percentage. The baseline for a utility's or company's 57 compliance with the alternative energy resource requirements of 58 this section shall be the average of such total kilowatt hours it 59 sold in the preceding three calendar years, except that the 60 commission may reduce a utility's or company's baseline to adjust 61 for new economic growth in the utility's certified territory or, 62 in the case of an electric services company, in the company's 63 service area in this state.
Of the alternative energy resources implemented by the 64 subject utility or company by 2025 and thereafter: 65
(1) Half may be generated from advanced energy resources; 66
(2) At least half shall be generated from renewable energy 67 resources, including one-half per cent from solar energy 68 resources, in accordance with the following benchmarks: 69 By end of year Renewable energy Solar energy 70 resources resources 2009 0.25% 0.004% 71 2010 0.50% 0.010% 72 2011 1% 0.030% 73 2012 1.5% 0.060% 74 2013 2% 0.090% 75 2014 2.5% 0.12% 76 2015 3.5% 0.15% 77 2016 4.5% 0.18% 78 2017 5.5% 0.22% 79
130HB483-HC0331/SS HC0331 Page 4
2018 6.5% 0.26% 80 2019 7.5% 0.3% 81 2020 8.5% 0.34% 82 2021 9.5% 0.38% 83 2022 10.5% 0.42% 84 2023 11.5% 0.46% 85 2024 and each calendar 12.5% 0.5% 86 year thereafter
(3) At least one-half of the renewable energy resources 87 implemented by the utility or company shall be met through 88 facilities located in this state; the remainder shall be met with 89 resources that can be shown to be deliverable into this state. 90
(C)(1) The commission annually shall review an electric 91 distribution utility's or electric services company's compliance 92 with the most recent applicable benchmark under division (B)(2) of 93 this section and, in the course of that review, shall identify any 94 undercompliance or noncompliance of the utility or company that it 95 determines is weather-related, related to equipment or resource 96 shortages for advanced energy or renewable energy resources as 97 applicable, or is otherwise outside the utility's or company's 98 control. 99
(2) Subject to the cost cap provisions of division (C)(3) of 100 this section, if the commission determines, after notice and 101 opportunity for hearing, and based upon its findings in that 102 review regarding avoidable undercompliance or noncompliance, but 103 subject to division (C)(4) of this section, that the utility or 104 company has failed to comply with any such benchmark, the 105 commission shall impose a renewable energy compliance payment on 106 the utility or company. 107
(a) The compliance payment pertaining to the solar energy 108
130HB483-HC0331/SS HC0331 Page 5
109 resource benchmarks under division (B)(2) of this section shall be 110 an amount per megawatt hour of undercompliance or noncompliance in 111 the period under review, starting at four hundred fifty dollars 112 for 2009, four hundred dollars for 2010 and 2011, and similarly 113 reduced every two years thereafter through 2024 by fifty dollars, 114 to a minimum of fifty dollars.
(b) The compliance payment pertaining to the renewable energy 115 resource benchmarks under division (B)(2) of this section shall 116 equal the number of additional renewable energy credits that the 117 electric distribution utility or electric services company would 118 have needed to comply with the applicable benchmark in the period 119 under review times an amount that shall begin at forty-five 120 dollars and shall be adjusted annually by the commission to 121 reflect any change in the consumer price index as defined in 122 section 101.27 of the Revised Code, but shall not be less than 123 forty-five dollars. 124
(c) The compliance payment shall not be passed through by the 125 electric distribution utility or electric services company to 126 consumers. The compliance payment shall be remitted to the 127 commission, for deposit to the credit of the advanced energy fund 128 created under section 4928.61 of the Revised Code. Payment of the 129 compliance payment shall be subject to such collection and 130 enforcement procedures as apply to the collection of a forfeiture 131 under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code. 132
(3) An electric distribution utility or an electric services 133 company need not comply with a benchmark under division (B)(1) or 134 (2) of this section to the extent that its reasonably expected 135 cost of that compliance exceeds its reasonably expected cost of 136 otherwise producing or acquiring the requisite electricity by 137 three per cent or more. The cost of compliance shall be calculated 138
130HB483-HC0331/SS HC0331 Page 6
139 as though any exemption from taxes and assessments had not been 140 granted under section 5727.75 of the Revised Code.
(4)(a) An electric distribution utility or electric services 141 company may request the commission to make a force majeure 142 determination pursuant to this division regarding all or part of 143 the utility's or company's compliance with any minimum benchmark 144 under division (B)(2) of this section during the period of review 145 occurring pursuant to division (C)(2) of this section. The 146 commission may require the electric distribution utility or 147 electric services company to make solicitations for renewable 148 energy resource credits as part of its default service before the 149 utility's or company's request of force majeure under this 150 division can be made. 151
(b) Within ninety days after the filing of a request by an 152 electric distribution utility or electric services company under 153 division (C)(4)(a) of this section, the commission shall determine 154 if renewable energy resources are reasonably available in the 155 marketplace in sufficient quantities for the utility or company to 156 comply with the subject minimum benchmark during the review 157 period. In making this determination, the commission shall 158 consider whether the electric distribution utility or electric 159 services company has made a good faith effort to acquire 160 sufficient renewable energy or, as applicable, solar energy 161 resources to so comply, including, but not limited to, by banking 162 or seeking renewable energy resource credits or by seeking the 163 resources through long-term contracts. Additionally, the 164 commission shall consider the availability of renewable energy or 165 solar energy resources in this state and other jurisdictions in 166 the PJM interconnection regional transmission organization or its 167 successor and the midwest system operator or its successor. 168
130HB483-HC0331/SS HC0331 Page 7
(c) If, pursuant to division (C)(4)(b) of this section, the 169 commission determines that renewable energy or solar energy 170 resources are not reasonably available to permit the electric 171 distribution utility or electric services company to comply, 172 during the period of review, with the subject minimum benchmark 173 prescribed under division (B)(2) of this section, the commission 174 shall modify that compliance obligation of the utility or company 175 as it determines appropriate to accommodate the finding. 176 Commission modification shall not automatically reduce the 177 obligation for the electric distribution utility's or electric 178 services company's compliance in subsequent years. If it modifies 179 the electric distribution utility or electric services company 180 obligation under division (C)(4)(c) of this section, the 181 commission may require the utility or company, if sufficient 182 renewable energy resource credits exist in the marketplace, to 183 acquire additional renewable energy resource credits in subsequent 184 years equivalent to the utility's or company's modified obligation 185 under division (C)(4)(c) of this section. 186
(5) The commission shall establish a process to provide for 187 at least an annual review of the alternative energy resource 188 market in this state and in the service territories of the 189 regional transmission organizations that manage transmission 190 systems located in this state. The commission shall use the 191 results of this study to identify any needed changes to the amount 192 of the renewable energy compliance payment specified under 193 divisions (C)(2)(a) and (b) of this section. Specifically, the 194 commission may increase the amount to ensure that payment of 195 compliance payments is not used to achieve compliance with this 196 section in lieu of actually acquiring or realizing energy derived 197 from renewable energy resources. However, if the commission finds 198 that the amount of the compliance payment should be otherwise 199
130HB483-HC0331/SS HC0331 Page 8
200 changed, the commission shall present this finding to the general 201 assembly for legislative enactment.
(D)(1) The commission annually shall submit to the general 202 assembly in accordance with section 101.68 of the Revised Code a 203 report describing all of the following: 204
(a) The compliance of electric distribution utilities and 205 electric services companies with division (B) of this section; 206
(b) The average annual cost of renewable energy credits 207 purchased by utilities and companies for the year covered in the 208 report; 209
(c) Any strategy for utility and company compliance or for 210 encouraging the use of alternative energy resources in supplying 211 this state's electricity needs in a manner that considers 212 available technology, costs, job creation, and economic impacts. 213
The commission shall begin providing the information 214 described in division (D)(1)(b) of this section in each report 215 submitted after the effective date of the amendment of this 216 section by S.B. 315 of the 129th general assembly September 10, 217 2012. The commission shall allow and consider public comments on 218 the report prior to its submission to the general assembly. 219 Nothing in the report shall be binding on any person, including 220 any utility or company for the purpose of its compliance with any 221 benchmark under division (B) of this section, or the enforcement 222 of that provision under division (C) of this section. 223
(2) The governor, in consultation with the commission 224 chairperson, shall appoint an alternative energy advisory 225 committee. The committee shall examine available technology for 226 and related timetables, goals, and costs of the alternative energy 227 resource requirements under division (B) of this section and shall 228
130HB483-HC0331/SS HC0331 Page 9
229 submit to the commission a semiannual report of its 230 recommendations.
(E) All costs incurred by an electric distribution utility in 231 complying with the requirements of this section shall be 232 bypassable by any consumer that has exercised choice of supplier 233 under section 4928.03 of the Revised Code. 234
Sec. 4928.641. (A) Except as provided in division (B) of this 235 section and section 4928.642 of the Revised Code, the baseline for 236 an electric distribution utility's or an electric services 237 company's compliance with the alternative energy resource 238 requirements of section 4928.64 of the Revised Code shall be the 239 average of total kilowatt hours sold by the utility or company in 240 the preceding three calendar years to the following: 241
(1) In the case of an electric distribution utility, any and 242 all retail electric consumers whose electric load centers are 243 served by that utility and are located within the utility's 244 certified territory; 245
(2) In the case of an electric services company, any and all 246 retail electric consumers who are served by the company and are 247 located within this state. 248
(B)(1) Beginning with compliance in calendar year 2017, a 249 utility or company may choose for its baseline for compliance with 250 the alternative energy resource requirements of section 4928.64 of 251 the Revised Code to be the total kilowatt hours sold to the 252 applicable consumers, as described in division (A)(1) or (2) of 253 this section, in the preceding calendar year. 254
(2) A utility or company choosing the baseline permitted 255 under division (B)(1) of this section shall inform the public 256 utilities commission by the first of October of the compliance 257
130HB483-HC0331/SS HC0331 Page 10
258 year for which the baseline is to apply. The notice requirement of 259 this division does not apply if the utility or company used the 260 baseline under division (B)(1) of this section in the preceding 261 compliance year.
(C) A utility or company that uses the baseline permitted 262 under division (B)(1) of this section may use the baseline 263 described in division (A) of this section in any subsequent 264 compliance year. A utility or company may make this switch only 265 after informing the commission by the first of October of the 266 compliance year for which the baseline described in division (A) 267 of this section is to apply. A utility or company that makes this 268 switch shall use the baseline described in division (A) of this 269 section for at least three consecutive compliance years before 270 again using the baseline permitted under division (B)(1) of this 271 section. 272
Sec. 4928.642. The public utilities commission may reduce 273 either baseline described in section 4928.641 of the Revised Code 274 to adjust for new economic growth in the electric distribution 275 utility's certified territory or in the electric services 276 company's service area in this state." 277
In line 18370, after "4923.04," insert "4928.64," 278
In line 21 of the title, after "4923.04," insert "4928.64," 279
In line 32 of the title, after "4909.157," insert "4928.641, 280 4928.642," 281
The motion was ______agreed to.
SYNOPSIS
130HB483-HC0331/SS HC0331 Page 11
Prior-year baseline for the alternative energy benchmarks 282
R.C. 4928.64, 4928.641, and 4928.642 283
Permits electric distribution utilities (EDUs) and electric 284 services companies (ESCs) that are required to comply with the 285 state's alternative energy benchmarks to use a baseline of the 286 prior calendar year's sales to measure compliance, rather than the 287 most recent three-year average of sales. 288
Requires notification of the choice to use the prior-year 289 baseline to the Public Utilities Commission of Ohio (PUCO) by 290 October 1st of the year for which the baseline will apply. 291
Requires EDUs and ESCs that switch back to the three-year 292 baseline to use that baseline for at least three consecutive years 293 before again using the prior-year baseline. 294
Permits the PUCO to adjust the prior-year baseline to adjust 295 for new economic growth in the EDU's or ESC's territory or service 296 area. 297
130HB483-HC0331/SS HC0334 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "173.38," insert "175.04, 175.05, 175.06," 1
In line 67, after "164.261," insert "175.053," 2
Between lines 2750 and 2751, insert: 3
"Sec. 175.04. (A) The governor shall appoint a chairperson 4 from among the members. The agency members shall elect a member as 5 vice-chairperson. The agency members may appoint other officers, 6 who need not be members of the agency, as the agency deems 7 necessary. 8
(B) Six members of the agency constitute a quorum and the 9 affirmative vote of six members is necessary for any action the 10 agency takes. No vacancy in agency membership impairs the right of 11 a quorum to exercise all of the agency's rights and perform all 12 the agency's duties. Agency meetings may be held at any place 13 within the state. Meetings shall comply with section 121.22 of the 14 Revised Code. 15
(C) The agency shall maintain accounting records in 16 accordance with generally accepted accounting principals and other 17 required accounting standards. 18
(D) The agency shall develop policies and guidelines for the 19 administration of its programs and annually shall conduct at least 20
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21 one public hearing to obtain input from any interested party 22 regarding the administration of its programs. The hearing shall be 23 held at a time and place as the agency determines and when a 24 quorum of the agency is present.
(E) The agency shall appoint committees and subcommittees 25 comprised of members of the agency to handle matters it deems 26 appropriate. 27
(1) The agency shall adopt an annual plan to address this 28 state's housing needs. The agency shall appoint an annual plan 29 committee to develop the plan and present it to the agency for 30 consideration. 31
(2) The annual plan committee shall select an advisory board 32 from a list of interested individuals the executive director 33 provides or on its own recommendation. The advisory board shall 34 provide input on the plan at committee meetings prior to the 35 annual public hearing. At the public hearing, the committee shall 36 discuss advisory board comments. The advisory board may include, 37 but is not limited to, persons who represent state agencies, local 38 governments, public corporations, nonprofit organizations, 39 community development corporations, housing advocacy organizations 40 for low- and moderate-income persons, realtors, syndicators, 41 investors, lending institutions as recommended by a statewide 42 banking organization, and other entities participating in the 43 agency's programs. 44
Each agency program that allows for loans to be made to 45 finance housing for owner occupancy that benefits other than low- 46 and moderate-income households, or for loans to be made to 47 individuals under bonds issued pursuant to division (B) of section 48 175.08 of the Revised Code, shall be presented to the advisory 49 board and included in the annual plan as approved by the agency 50
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51 before the program's implementation.
(F) The agency shall prepare an annual financial report 52 describing its activities during the reporting year and submit 53 that report in accordance with division (H) of this section and to 54 the governor, the speaker of the house of representatives, and the 55 president of the senate within three months after the end of the 56 reporting year. The report shall include the agency's audited 57 financial statements, prepared in accordance with generally 58 accepted accounting principles and appropriate accounting 59 standards. 60
(G) The agency shall prepare an annual report of its programs 61 describing how the programs have met this state's housing needs. 62 The agency shall submit the report in accordance with division (H) 63 of this section and to the governor, the speaker of the house of 64 representatives, and the president of the senate within three 65 months after the end of the reporting year. 66
(H)(1) The agency shall submit, within a time frame agreed to 67 by the agency and the chairs, the annual financial report 68 described in division (F) of this section and the annual report of 69 programs described in division (G) of this section to the chairs 70 of the committees dealing with housing issues in the house of 71 representatives and the senate. 72
(2) Within forty-five days of issuance of the annual 73 financial report, the agency shall cause the agency's executive 74 director to appear in person before the committees described in 75 division (H)(1) of this section to testify in regard to the 76 financial report and the report of programs. The testimony shall 77 include each of the following: 78
(a) An overview of the annual plan adopted pursuant to 79 division (E)(1) of this section; 80
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(b) An evaluation of whether the objectives in the annual 81 plan were met through a comparison of the annual plan with the 82 annual financial report and report of programs; 83
(c) A complete listing of all business and contractual 84 relationships between the agency and other entities and 85 organizations that participated in agency programs during the 86 fiscal year reported by the agency's annual financial report and 87 report of programs; 88
(d) A complete listing of all equity investors, both direct 89 and indirect, and equity syndicators that participated in agency 90 programs during the fiscal year reported by the agency's annual 91 financial report and report of programs. 92
Sec. 175.05. (A) The Ohio housing finance agency shall do all 93 of the following related to the agency's operation: 94
(1) Adopt bylaws for the conduct of its business; 95
(2) Employ and fix the compensation of an the executive 96 director who serves at the pleasure of the agency to administer 97 the agency's programs and activities. The executive director may 98 employ and fix the compensation of employees in the unclassified 99 civil service as necessary to carry out this chapter and may 100 employ other personnel who are governed by collective bargaining 101 law and classified under that law. The executive director shall 102 file financial disclosure statements carry out all duties as 103 described in section 102.02 175.053 of the Revised Code. 104
(3) Establish an operating budget for the agency and 105 administer funds appropriated for the agency's use; 106
(4) Notwithstanding any other provision of the Revised Code, 107 hold all moneys, funds, properties, and assets the agency acquires 108
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109 or that are directly or indirectly within the agency's control, 110 including proceeds from the sale of bonds, revenues, and 111 otherwise, in trust for the purpose of exercising its powers and 112 carrying out its duties pursuant to this chapter. Notwithstanding 113 any other provision of the Revised Code other than section 175.051 114 of the Revised Code, at no time shall the agency's moneys, funds, 115 properties, or assets be considered public moneys, public funds, 116 public properties, or public assets or subject to Chapters 131. 117 and 135. of the Revised Code.
(5) Maintain a principal office and other offices within the 118 state. 119
(B) The Ohio housing finance agency may do any of the 120 following related to the agency's operation: 121
(1) Except as otherwise provided in section 174.04 of the 122 Revised Code, determine income limits for low- and moderate-income 123 persons and establish periodic reviews of income limits. In 124 determining income limits, the agency shall take into 125 consideration the amount of income available for housing, family 126 size, the cost and condition of available housing, ability to pay 127 the amounts the private market charges for decent, safe, and 128 sanitary housing without federal subsidy or state assistance, and 129 the income eligibility standards of federal programs. Income 130 limits may vary from area to area within the state. 131
(2) Provide technical information, advice, and assistance 132 related to obtaining federal and state aid to assist in the 133 planning, construction, rehabilitation, refinancing, and operation 134 of housing; 135
(3) Provide information, assistance, or instruction 136 concerning agency programs, eligibility requirements, application 137 procedures, and other related matters; 138
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(4) Procure or require the procurement of insurance and pay 139 the premium against loss in connection with the agency's 140 operations, to include the repayment of a loan, in amounts and 141 from insurers, including the federal government, as the agency 142 determines; 143
(5) Contract with, retain, or designate financial 144 consultants, accountants, and other consultants and independent 145 contractors, other than attorneys, whom the agency determines are 146 necessary or appropriate; 147
(6) Charge, alter, and collect interest and other charges for 148 program services including, but not limited to, the allocation of 149 loan funds, the purchase of mortgage loans, and the provision of 150 services that include processing, inspecting, and monitoring of 151 housing units financed and the financial records for those units; 152
(7) Conduct or authorize studies and analyses of housing 153 needs and conditions to the extent that those activities are not 154 carried out by other agencies in a manner that is satisfactory for 155 the agency's needs; 156
(8)(a) Acquire by gift, purchase, foreclosure, investment, or 157 other means, and hold, assign, pledge, lease, transfer, or 158 otherwise dispose of real and personal property or any interest in 159 that property in the exercise of its powers and the performance of 160 its duties; 161
(b) Any instrument by which real property is acquired 162 pursuant to this section shall identify the state agency that has 163 the use and benefit of the real property as specified in section 164 5301.012 of the Revised Code. 165
(9)(a) Borrow money, receive gifts, grants, loans, or other 166 assistance from any federal, state, local, or other government 167
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168 source, including the housing development fund and the housing 169 trust fund, and enter into contracts in connection with those 170 sources of assistance;
(b) Receive assistance or contributions from any 171 nongovernment source to include money, property, labor, or things 172 of value, to be held, used, and applied only for the purposes for 173 which the grants and contributions are made and within the 174 purposes of this chapter. 175
(10) Sue and be sued in its own name with respect to its 176 contracts, obligations, and covenants, or the enforcement of this 177 chapter. Any actions against the agency shall be brought in a 178 court of competent jurisdiction located in Franklin county, Ohio. 179
(11) Enter into any contract, commitment, or agreement and 180 execute any instrument necessary or incidental to the performance 181 of duties and the execution of powers; 182
(12) Adopt an official seal; 183
(13)(a) Contract with any private or government entity to 184 administer programs for which the agency receives sufficient 185 revenues for its services or the agency supports with uncommitted 186 agency resources that pay the agency's operating costs; 187
(b) Administer state and federal programs for which the 188 governor designates the agency to act as administrator. The agency 189 may charge administrative fees to the state, the federal 190 government, or a program recipient. 191
(14) Notwithstanding any other provision of the Revised Code, 192 establish, maintain, administer, and close funds and accounts as 193 convenient or appropriate to the agency's operations; 194
(15) Establish a policy to permit the investment of agency 195 funds in securities and obligations; 196
130HB483-HC0334/RH HC0334 Page 8
(16) Establish rules and procedures that the agency 197 determines are appropriate to appeal the agency's actions and 198 decisions; 199
(17) Serve housing needs in instances that the agency 200 determines necessary as a public purpose; 201
(18) Provide coverage for its employees under Chapters 145., 202 4123., and 4141. of the Revised Code; 203
(19) Adopt rules pursuant to Chapter 119. of the Revised 204 Code; 205
(20) Do anything necessary or appropriate to exercise the 206 powers of this chapter and carry out the purposes of this chapter 207 and Section 14, Article VIII and Section 16, Article VIII, Ohio 208 Constitution. 209
(C) The attorney general shall serve as the legal 210 representative for the Ohio housing finance agency and may appoint 211 special counsel for that purpose in accordance with section 109.07 212 of the Revised Code. 213
Sec. 175.053. The executive director employed by the agency 214 pursuant to division (A)(2) of section 175.05 of the Revised Code 215 shall do all of the following: 216
(A) File financial disclosure statements as described in 217 section 102.02 of the Revised Code; 218
(B) Develop a consolidated policies and procedures manual for 219 the operation and administration of the agency's programs and 220 activities that includes standard operating procedures describing 221 what the agency and its offices do and the roles and 222 responsibilities of its employees; 223
(C) Review all public documents produced by the agency to 224
130HB483-HC0334/RH HC0334 Page 9
225 ensure that consistent names are used throughout to identify the 226 agency's programs;
(D) Develop policies and procedures to ensure that time 227 periods for project deadlines and progress are identified and 228 consistently used; 229
(E) Do both of the following: 230
(1) Establish policies and procedures to ensure that all 231 personnel salary costs claimed for agency programs that use 232 federal funds are in accordance with the requirements of Part 225 233 of Title 2 of the Code of Federal Regulations; 234
(2) Review the documentation supporting the personnel salary 235 and wage costs claimed for each agency program that uses federal 236 funds and require each individual working on the programs to 237 prepare the required certifications for the applicable pay periods 238 in accordance with federal law. 239
(F) Develop policies to ensure all of the following: 240
(1) The annual plan described in division (E)(1) of section 241 175.04 of the Revised Code is prepared in accordance with that 242 section. 243
(2) The annual financial report described in division (F) of 244 section 175.04 of the Revised Code and the annual report of 245 programs described in division (G) of that section are 246 appropriately linked to the agency's approved plans for the 247 reporting year. 248
(3) The annual public hearing described in division (D) of 249 section 175.04 of the Revised Code is conducted. 250
(G) Do all of the following: 251
(1) Include in the agency's financial management systems the 252
130HB483-HC0334/RH HC0334 Page 10
253 budgets for individual programs;
(2) Require recording of expenses by program in a timely 254 manner; 255
(3) Develop and implement policies and procedures to ensure 256 that program managers have access to the budget and expense 257 information by program during the year that the managers make 258 decisions concerning their individual programs. 259
Sec. 175.06. (A) The Ohio housing finance agency shall do all 260 of the following related to carrying out its programs: 261
(1) Upon the governor's designation, serve as the housing 262 credit agency for the state and perform all responsibilities of a 263 housing credit agency pursuant to Section 42 of the Internal 264 Revenue Code and similar applicable laws; 265
(2) Require that housing that benefits from the agency's 266 assistance be available without discrimination in accordance with 267 Chapter 4112. of the Revised Code and applicable provisions of 268 federal law; 269
(3) Demonstrate measurable and objective transparency; 270
(4) Efficiently award funding to maximize affordable housing 271 production using cost-effective strategies; 272
(5) Encourage national equity investment in low-income 273 housing tax credit projects; 274
(6) Utilize resources to provide more competitive 275 single-family loan rates at below-market levels to serve 276 low-income citizens. 277
(B) The Ohio housing finance agency may do any of the 278 following related to carrying out its programs: 279
130HB483-HC0334/RH HC0334 Page 11
(1) Issue bonds, provide security for assets, make deposits, 280 purchase or make loans, provide economic incentives for the 281 development of housing, and provide financial assistance for 282 emergency housing; 283
(2) Serve as a public housing agency and contract with the 284 United States department of housing and urban development to 285 administer the department's rent subsidy program, housing subsidy 286 program, and monitoring programs for low- and moderate-income 287 persons. The agency shall ensure that any contract into which it 288 enters provides for sufficient compensation to the agency for its 289 services. 290
(3) Develop and administer programs under which the agency 291 uses moneys from the housing trust fund as allocated by the 292 department of development to extend financial assistance pursuant 293 to sections 174.01 to 174.07 of the Revised Code; 294
(4) Make financial assistance available; 295
(5) Guarantee and commit to guarantee the repayment of 296 financing that a lending institution extends for housing, 297 guaranteeing that debt with any of the agency's reserve funds not 298 raised by taxation and not otherwise obligated for debt service, 299 including the housing development fund established pursuant to 300 section 175.11 of the Revised Code and any fund created under 301 division (B)(14) of section 175.05 of the Revised Code; 302
(6) Make, commit to make, and participate in making financial 303 assistance, including federally insured mortgage loans, available 304 to finance the construction and rehabilitation of housing or to 305 refinance existing housing; 306
(7) Invest in, purchase, and take from lenders the assignment 307 of notes or other evidence of debt including federally insured 308
130HB483-HC0334/RH HC0334 Page 12
309 mortgage loans, or participate with lenders in notes and loans for 310 homeownership, development, or refinancing of housing;
(8) Sell at public or private sale any mortgage or mortgage 311 backed securities the agency holds; 312
(9) Issue bonds to carry out the agency's purposes as set 313 forth in this chapter; 314
(10) Extend or otherwise make available housing assistance on 315 terms the agency determines. 316
(C) The Ohio housing finance agency may issue bonds and 317 extend financial assistance from any fund the agency administers 318 for the prompt replacement, repair, or refinancing of damaged 319 housing if both of the following apply: 320
(1) The governor declares that a state of emergency exists 321 with respect to a county, region, or political subdivision of this 322 state, or declares that a county, region, or political subdivision 323 has experienced a disaster as defined in section 5502.21 of the 324 Revised Code. 325
(2) The agency determines that the emergency or disaster has 326 substantially damaged or destroyed housing in the area of the 327 emergency or disaster. 328
(D) The agency shall establish guidelines for extending 329 financial assistance for emergency housing. The guidelines shall 330 include eligibility criteria for assistance and the terms and 331 conditions under which the agency may extend financial 332 assistance." 333
In line 18358, after "173.38," insert "175.04, 175.05, 334 175.06," 335
Between lines 21069 and 21070, insert: 336
130HB483-HC0334/RH HC0334 Page 13
"Section ___. Within one calendar year after the effective 337 date of this act, the Ohio Housing Finance Agency shall do both of 338 the following: 339
(A) Review the Agency's process for providing Restoring 340 Stability: A Save the Dream Ohio Initiative assistance to 341 individuals and identify steps that can be taken to reduce the 342 amount of time for providing the assistance. The review shall 343 include consultation with states that have reported significantly 344 less processing time, limiting the time homeowners have to provide 345 documentation to the Agency. 346
(B) Modify the current Restoring Stability tracking system to 347 include identification of the stages in the process that should be 348 attributed to the Agency compared to the time attributed to 349 homeowner or counselor delays." 350
In line 4 of the title, after "173.38," insert "175.04, 351 175.05, 175.06," 352
In line 30 of the title, after "164.261," insert "175.053," 353
The motion was ______agreed to.
SYNOPSIS
Ohio Housing Finance Agency 354
R.C. 175.04, 175.05, 175.053, and 175.06; Section ___ 355
Requires the Ohio Housing Finance Agency (OHFA) to submit its 356 annual financial report and report of programs to the chairs of 357 the committees dealing with housing issues in the House of 358 Representatives and the Senate. 359
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Requires OHFA to demonstrate measurable and objective 360 transparency, efficiently award funding to maximize affordable 361 housing production, encourage national equity investment in tax 362 credit projects, and utilize resources to provide more competitive 363 single-family loan rates in relation to its projects. 364
Expands the duties of the Executive Director of OHFA to all 365 of the following: 366
--Give testimony, in person, in the committees described 367 above, that includes an overview of OHFA's annual plan, an 368 evaluation of whether the plan's objectives have been met, and a 369 listing of business and contractual relationships and equity 370 investors and syndicators; 371
--Develop a policies and procedures manual for OHFA; 372
--Review all of OHFA's public documents for consistency and 373 the documentation supporting personnel salary and wage costs; 374
--Develop policies and procedures for consistency in 375 deadlines on projects, progress on projects, and compliance with 376 federal law regarding personnel salary costs; 377
--Develop policies to ensure OHFA is complying with existing 378 laws regarding the annual plans, financial reports, and the public 379 hearing. 380
--Require recording of expenses by program and take other 381 actions regarding budgets for individual programs. 382
130HB483-HC0334/RH HC0335 H.B. 483 As Introduced
______moved to amend as follows:
In line 52, after "3317.0217," insert "3318.36," 1
Between lines 6878 and 6879, insert: 2
"Sec. 3318.36. (A)(1) As used in this section: 3
(a) "Ohio school facilities commission," "classroom 4 facilities," "school district," "school district board," "net 5 bonded indebtedness," "required percentage of the basic project 6 costs," "basic project cost," "valuation," and "percentile" have 7 the same meanings as in section 3318.01 of the Revised Code. 8
(b) "Required level of indebtedness" means five per cent of 9 the school district's valuation for the year preceding the year in 10 which the commission and school district enter into an agreement 11 under division (B) of this section, plus [two one-hundredths of 12 one per cent multiplied by (the percentile in which the district 13 ranks minus one)]. 14
(c) "Local resources" means any moneys generated in any 15 manner permitted for a school district board to raise the school 16 district portion of a project undertaken with assistance under 17 sections 3318.01 to 3318.20 of the Revised Code. 18
(d) "Tangible personal property phase-out impacted district" 19 means a school district for which the taxable value of its 20
130HB483-HC0335/JF HC0335 Page 2
21 tangible personal property certified under division (A)(2) of 22 section 3317.021 of the Revised Code for tax year 2005, excluding 23 the taxable value of public utility personal property, made up 24 eighteen per cent or more of its total taxable value for tax year 25 2005 as certified under that section.
(2) For purposes of determining the required level of 26 indebtedness, the required percentage of the basic project costs 27 under division (C)(1) of this section, and priority for assistance 28 under sections 3318.01 to 3318.20 of the Revised Code, the 29 percentile ranking of a school district with which the commission 30 has entered into an agreement under this section between the first 31 day of July and the thirty-first day of August in each fiscal year 32 is the percentile ranking calculated for that district for the 33 immediately preceding fiscal year, and the percentile ranking of a 34 school district with which the commission has entered into such 35 agreement between the first day of September and the thirtieth day 36 of June in each fiscal year is the percentile ranking calculated 37 for that district for the current fiscal year. However, in the 38 case of a tangible personal property phase-out impacted district, 39 the district's priority for assistance under sections 3318.01 to 40 3318.20 of the Revised Code and its portion of the basic project 41 cost under those sections shall be determined in the manner 42 prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of 43 this section. 44
(B)(1) There is hereby established the school building 45 assistance expedited local partnership program. Under the program, 46 the Ohio school facilities commission may enter into an agreement 47 with the board of any school district under which the board may 48 proceed with the new construction or major repairs of a part of 49 the district's classroom facilities needs, as determined under 50 sections 3318.01 to 3318.20 of the Revised Code, through the 51
130HB483-HC0335/JF HC0335 Page 3
52 expenditure of local resources prior to the school district's 53 eligibility for state assistance under those sections, and may 54 apply that expenditure toward meeting the school district's 55 portion of the basic project cost of the total of the district's 56 classroom facilities needs, as recalculated under division (E) of 57 this section, when the district becomes eligible for state 58 assistance under sections 3318.01 to 3318.20 or section 3318.364 59 of the Revised Code. Any school district that is reasonably 60 expected to receive assistance under sections 3318.01 to 3318.20 61 of the Revised Code within two fiscal years from the date the 62 school district adopts its resolution under division (B) of this 63 section shall not be eligible to participate in the program 64 established under this section.
(2) To participate in the program, a school district board 65 shall first adopt a resolution certifying to the commission the 66 board's intent to participate in the program. 67
The resolution shall specify the approximate date that the 68 board intends to seek elector approval of any bond or tax measures 69 or to apply other local resources to use to pay the cost of 70 classroom facilities to be constructed under this section. The 71 resolution may specify the application of local resources or 72 elector-approved bond or tax measures after the resolution is 73 adopted by the board, and in such case the board may proceed with 74 a discrete portion of its project under this section as soon as 75 the commission and the controlling board have approved the basic 76 project cost of the district's classroom facilities needs as 77 specified in division (D) of this section. The board shall submit 78 its resolution to the commission not later than ten days after the 79 date the resolution is adopted by the board. 80
The commission shall not consider any resolution that is 81
130HB483-HC0335/JF HC0335 Page 4
82 submitted pursuant to division (B)(2) of this section, as amended 83 by this amendment, sooner than September 14, 2000.
(3) For purposes of determining when a district that enters 84 into an agreement under this section becomes eligible for 85 assistance under sections 3318.01 to 3318.20 of the Revised Code 86 or priority for assistance under section 3318.364 of the Revised 87 Code, the commission shall use one of the following as applicable: 88
(a) Except for a tangible personal property phase-out 89 impacted district, the district's percentile ranking determined at 90 the time the district entered into the agreement under this 91 section, as prescribed by division (A)(2) of this section; 92
(b) For a tangible personal property phase-out impacted 93 district, the lesser of (i) the district's percentile ranking 94 determined at the time the district entered into the agreement 95 under this section, as prescribed by division (A)(2) of this 96 section, or (ii) the district's current percentile ranking under 97 section 3318.011 of the Revised Code. 98
(4) Any project under this section shall comply with section 99 3318.03 of the Revised Code and with any specifications for plans 100 and materials for classroom facilities adopted by the commission 101 under section 3318.04 of the Revised Code. 102
(5) If a school district that enters into an agreement under 103 this section has not begun a project applying local resources as 104 provided for under that agreement at the time the district is 105 notified by the commission that it is eligible to receive state 106 assistance under sections 3318.01 to 3318.20 of the Revised Code, 107 all assessment and agreement documents entered into under this 108 section are void. 109
(6) Only construction of or repairs to classroom facilities 110
130HB483-HC0335/JF HC0335 Page 5
111 that have been approved by the commission and have been therefore 112 included as part of a district's basic project cost qualify for 113 application of local resources under this section.
(C) Based on the results of on-site visits and assessment, 114 the commission shall determine the basic project cost of the 115 school district's classroom facilities needs. The commission shall 116 determine the school district's portion of such basic project 117 cost, which shall be the greater of: 118
(1) The required percentage of the basic project costs, 119 determined based on the school district's percentile ranking; 120
(2) An amount necessary to raise the school district's net 121 bonded indebtedness, as of the fiscal year the commission and the 122 school district enter into the agreement under division (B) of 123 this section, to within five thousand dollars of the required 124 level of indebtedness. 125
(D)(1) When the commission determines the basic project cost 126 of the classroom facilities needs of a school district and the 127 school district's portion of that basic project cost under 128 division (C) of this section, the project shall be conditionally 129 approved. Such conditional approval shall be submitted to the 130 controlling board for approval thereof. The controlling board 131 shall forthwith approve or reject the commission's determination, 132 conditional approval, and the amount of the state's portion of the 133 basic project cost; however, no state funds shall be encumbered 134 under this section. Upon approval by the controlling board, the 135 school district board may identify a discrete part of its 136 classroom facilities needs, which shall include only new 137 construction of or additions or major repairs to a particular 138 building, to address with local resources. Upon identifying a part 139 of the school district's basic project cost to address with local 140
130HB483-HC0335/JF HC0335 Page 6
141 resources, the school district board may allocate any available 142 school district moneys to pay the cost of that identified part, 143 including the proceeds of an issuance of bonds if approved by the 144 electors of the school district.
All local resources utilized under this division shall first 145 be deposited in the project construction account required under 146 section 3318.08 of the Revised Code. 147
(2) Unless the school district board exercises its option 148 under division (D)(3) of this section, for a school district to 149 qualify for participation in the program authorized under this 150 section, one of the following conditions shall be satisfied: 151
(a) The electors of the school district by a majority vote 152 shall approve the levy of taxes outside the ten-mill limitation 153 for a period of twenty-three years at the rate of not less than 154 one-half mill for each dollar of valuation to be used to pay the 155 cost of maintaining the classroom facilities included in the basic 156 project cost as determined by the commission. The form of the 157 ballot to be used to submit the question whether to approve the 158 tax required under this division to the electors of the school 159 district shall be the form for an additional levy of taxes 160 prescribed in section 3318.361 of the Revised Code, which may be 161 combined in a single ballot question with the questions prescribed 162 under section 5705.218 of the Revised Code. 163
(b) As authorized under division (C) of section 3318.05 of 164 the Revised Code, the school district board shall earmark from the 165 proceeds of a permanent improvement tax levied under section 166 5705.21 of the Revised Code, an amount equivalent to the 167 additional tax otherwise required under division (D)(2)(a) of this 168 section for the maintenance of the classroom facilities included 169 in the basic project cost as determined by the commission. 170
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(c) As authorized under section 3318.051 of the Revised Code, 171 the school district board shall, if approved by the commission, 172 annually transfer into the maintenance fund required under section 173 3318.05 of the Revised Code the amount prescribed in section 174 3318.051 of the Revised Code in lieu of the tax otherwise required 175 under division (D)(2)(a) of this section for the maintenance of 176 the classroom facilities included in the basic project cost as 177 determined by the commission. 178
(d) If the school district board has rescinded the agreement 179 to make transfers under section 3318.051 of the Revised Code, as 180 provided under division (F) of that section, the electors of the 181 school district, in accordance with section 3318.063 of the 182 Revised Code, first shall approve the levy of taxes outside the 183 ten-mill limitation for the period specified in that section at a 184 rate of not less than one-half mill for each dollar of valuation. 185
(e) The school district board shall apply the proceeds of a 186 tax to leverage bonds as authorized under section 3318.052 of the 187 Revised Code or dedicate a local donated contribution in the 188 manner described in division (B) of section 3318.084 of the 189 Revised Code in an amount equivalent to the additional tax 190 otherwise required under division (D)(2)(a) of this section for 191 the maintenance of the classroom facilities included in the basic 192 project cost as determined by the commission. 193
(3) A school district board may opt to delay taking any of 194 the actions described in division (D)(2) of this section until the 195 school district becomes eligible for state assistance under 196 sections 3318.01 to 3318.20 of the Revised Code. In order to 197 exercise this option, the board shall certify to the commission a 198 resolution indicating the board's intent to do so prior to 199 entering into an agreement under division (B) of this section. 200
130HB483-HC0335/JF HC0335 Page 8
(4) If pursuant to division (D)(3) of this section a district 201 board opts to delay levying an additional tax until the district 202 becomes eligible for state assistance, it shall submit the 203 question of levying that tax to the district electors as follows: 204
(a) In accordance with section 3318.06 of the Revised Code if 205 it will also be necessary pursuant to division (E) of this section 206 to submit a proposal for approval of a bond issue; 207
(b) In accordance with section 3318.361 of the Revised Code 208 if it is not necessary to also submit a proposal for approval of a 209 bond issue pursuant to division (E) of this section. 210
(5) No state assistance under sections 3318.01 to 3318.20 of 211 the Revised Code shall be released until a school district board 212 that adopts and certifies a resolution under division (D) of this 213 section also demonstrates to the satisfaction of the commission 214 compliance with the provisions of division (D)(2) of this section. 215
Any amount required for maintenance under division (D)(2) of 216 this section shall be deposited into a separate fund as specified 217 in division (B) of section 3318.05 of the Revised Code. 218
(E)(1) If the school district becomes eligible for state 219 assistance under sections 3318.01 to 3318.20 of the Revised Code 220 based on its percentile ranking under division (B)(3) of this 221 section or is offered assistance under section 3318.364 of the 222 Revised Code, the commission shall conduct a new assessment of the 223 school district's classroom facilities needs and shall recalculate 224 the basic project cost based on this new assessment. The basic 225 project cost recalculated under this division shall include the 226 amount of expenditures made by the school district board under 227 division (D)(1) of this section. The commission shall then 228 recalculate the school district's portion of the new basic project 229 cost, which shall be one of the following as applicable: 230
130HB483-HC0335/JF HC0335 Page 9
(a) Except for a tangible personal property phase-out 231 impacted district, the percentage of the original basic project 232 cost assigned to the school district as its portion under division 233 (C) of this section; 234
(b) For a tangible personal property phase-out impacted 235 district, the lesser of (i) the percentage of the original basic 236 project cost assigned to the school district as its portion under 237 division (C) of this section, or (ii) the percentage of the new 238 basic project cost determined under section 3318.032 of the 239 Revised Code using the district's current percentile ranking under 240 section 3318.011 of the Revised Code. The 241
The commission shall deduct the expenditure of school 242 district moneys made under division (D)(1) of this section from 243 the school district's portion of the basic project cost as 244 recalculated under this division. If the amount of school district 245 resources applied by the school district board to the school 246 district's portion of the basic project cost under this section is 247 less than the total amount of such portion as recalculated under 248 this division, the school district board by a majority vote of all 249 of its members shall, if it desires to seek state assistance under 250 sections 3318.01 to 3318.20 of the Revised Code, adopt a 251 resolution as specified in section 3318.06 of the Revised Code to 252 submit to the electors of the school district the question of 253 approval of a bond issue in order to pay any additional amount of 254 school district portion required for state assistance. Any tax 255 levy approved under division (D) of this section satisfies the 256 requirements to levy the additional tax under section 3318.06 of 257 the Revised Code. 258
(2) If the amount of school district resources applied by the 259 school district board to the school district's portion of the 260
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261 basic project cost under this section is more than the total 262 amount of such portion as recalculated under this division (E)(1) 263 of this section, within one year after the school district's 264 portion is so recalculated under division (E)(1) of this section 265 the commission may grant to the school district the difference 266 between the two calculated portions, but at no time shall the 267 commission expend any state funds on a project in an amount 268 greater than the state's portion of the basic project cost as 269 recalculated under this division (E)(1) of this section.
Any reimbursement under this division shall be only for local 270 resources the school district has applied toward construction cost 271 expenditures for the classroom facilities approved by the 272 commission, which shall not include any financing costs associated 273 with that construction. 274
The school district board shall use any moneys reimbursed to 275 the district under this division to pay off any debt service the 276 district owes for classroom facilities constructed under its 277 project under this section before such moneys are applied to any 278 other purpose. However, the district board first may deposit 279 moneys reimbursed under this division into the district's general 280 fund or a permanent improvement fund to replace local resources 281 the district withdrew from those funds, as long as, and to the 282 extent that, those local resources were used by the district for 283 constructing classroom facilities included in the district's basic 284 project cost. 285
(3) A tangible personal property phase-out impacted district 286 shall receive credit under division (E) of this section for the 287 expenditure of local resources pursuant to any prior agreement 288 authorized by this section, notwithstanding any recalculation of 289 its average taxable value." 290
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In line 18362, after "3317.0217," insert "3318.36," 291
In line 10 of the title, after "3317.0217," insert "3318.36," 292
The motion was ______agreed to.
SYNOPSIS
School Building Assistance Expedited Local Partnership 293 Program 294
R.C. 3318.36 295
Specifies that, in the case of a school district that 296 participates in the Expedited Local Partnership Program whose 297 tangible personal property valuation (not including public utility 298 personal property) made up 18% or more of its total taxable value 299 for tax year 2005, the district's priority for state funding for a 300 districtwide project under the main Classroom Facilities 301 Assistance Program (CFAP) will be based on the smaller of its 302 wealth percentile when it entered into the Expedited Local 303 Partnership agreement or its current percentile. In addition, the 304 district's share of its CFAP project cost will be the lesser of 305 (1) the percentage locked in when the district signed the 306 Expedited Local Partner agreement or (2) the percentage computed 307 using its current wealth percentile rank. (The Expedited Local 308 Partnership Program permits most school districts that have not 309 been served under CFAP to apply the advance expenditure of 310 district money on approved parts of their districtwide needs 311 toward their shares of their CFAP projects when they become 312 eligible for CFAP.) 313
130HB483-HC0335/JF HC0337 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 11947, reinsert "in"; after "Code" insert "the
2 state treasury"
3 The motion was ______agreed to.
4 SYNOPSIS
5 Infrastructure Protection Fund
6 R.C. 4737.045
7 Specifies that the Infrastructure Protection Fund created 8 in the bill is a state treasury fund.
Legislative Service Commission -1- 130HB483-HC0337.RTF/ar HC0341X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 18523, after "301.10," insert "301.40," 1
In line 20252, strike through the second "$41,132,751" and 2 insert "$42,632,751" 3
In line 20266, strike through the second "$724,580,115" and 4 insert "$726,080,115" 5
In line 20268, strike through the second "$762,782,672" and 6 insert "$764,282,672" 7
In line 20321a, delete "$3,545,171,446" and insert 8 "$3,546,671,446" 9
Between lines 20321a and 20323, insert: 10
"Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS 11
(A) The foregoing appropriation item 600521, Family 12 Assistance - Local, may be provided to county departments of job 13 and family services to administer food assistance and disability 14 assistance programs. 15
(B) The foregoing appropriation item 655522, Medicaid Program 16 Support - Local, may be provided to county departments of job and 17 family services to administer the Medicaid program and the State 18 Children's Health Insurance program. 19
130HB483-HC0341X1/AT HC0341X1 Page 2
(C) At the request of the Director of Job and Family 20 Services, the Director of Budget and Management may transfer 21 appropriations between appropriation item 600521, Family 22 Assistance - Local, and appropriation item 655522, Medicaid 23 Program Support - Local, in order to ensure county administrative 24 funds are expended from the proper appropriation item. 25
(D) If receipts credited to the Medicaid Program Support Fund 26 (Fund 3F01) and the Supplemental Nutrition Assistance Program Fund 27 (Fund 3840) exceed the amounts appropriated, the Director of Job 28 and Family Services shall request the Director of Budget and 29 Management to authorize expenditures from those funds in excess of 30 the amounts appropriated. Upon approval of the Director of Budget 31 and Management, the additional amounts are hereby appropriated. 32
(E) Of the foregoing appropriation item 600521, Family 33 Assistance - Local, $1,500,000 in fiscal year 2015 shall be 34 allocated to the Putnam County YMCA in the city of Ottawa." 35
In line 21065, after "301.10," insert "301.40," 36
In line 38 of the title, after "301.10," insert "301.40," 37
The motion was ______agreed to.
SYNOPSIS
Department of Job and Family Services' YMCA Earmark 38
Section 610.20 39
Increases the appropriation in GRF line item 600521, Family 40 Assistance – Local, by $1.5 million in FY 2015 and earmarks those 41 funds for the Putnam County YMCA in Ottawa. 42
130HB483-HC0341X1/AT HC0342 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 19116a and 19117, insert: 1 "GRF 195530 Economic Gardening $ 0 $ 500,000" 2 Pilot Program
In line 19124a, delete "$129,976,145" and insert 3 "$130,476,145" 4
In line 19199a, delete "$1,230,971,035" and insert 5 "$1,231,471,035" 6
Between lines 19199a and 19201, insert: 7
"ECONOMIC GARDENING TECHNICAL ASSISTANCE PILOT PROGRAM 8
The foregoing appropriation item 195530, Economic Gardening 9 Pilot Program, shall be used for the Economic Gardening Technical 10 Assistance Pilot Program established in Section 757.30 of this 11 act." 12
Between lines 21168 and 21169, insert: 13
"Section 757.30. (A) As used in this section: 14
(1) "Eligible business" means a for-profit business 15 association that has at least six employees but not more than 16 ninety-nine employees and that has maintained its principal place 17 of business in the state for at least a two-year period ending on 18
130HB483-HC0342/SS HC0342 Page 2
19 the date the business applies for assistance under this section. 20 The business must generate at least seven hundred fifty thousand 21 dollars but not more than twenty-five million dollars in annual 22 revenue and must have increased both its number of full-time 23 equivalent employees in this state and its gross revenue during at 24 least three of the five years preceding the date of application.
(2) "Full-time equivalent employee" means the quotient 25 obtained by dividing the total number of hours for which an 26 eligible business employs employees during a year by two thousand 27 eighty. 28
(B) There is hereby created in the Development Services 29 Agency the Economic Gardening Technical Assistance Pilot Program. 30 The Director of Development Services may contract with or 31 coordinate one or more persons to aid in the administration and 32 operation of the program. 33
The Director shall provide technical assistance to eligible 34 businesses, including, but not limited to, access to information 35 and market intelligence services, including information on 36 markets, customers, and competitors, such as business databases, 37 geographic information systems, search engine marketing, and 38 business connection development encouraging interaction and 39 exchange among business owners and resource providers such as 40 trade associations, academic institutions, business advocacy 41 organizations, peer-based learning sessions, and mentoring 42 programs. The Director, through the program, is authorized to 43 promote the general business and industrial interests of the 44 state. 45
(C)(1) The Director, in selecting eligible businesses to 46 assist, shall select businesses in more than one industry 47 classification and, to the extent practicable, shall choose 48
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49 businesses that are geographically distributed throughout the 50 state.
(2) A business receiving assistance under the program must 51 enter into an agreement with the Director to establish the 52 business's commitment to participate in the program. The agreement 53 must require, at a minimum, that the business do all of the 54 following: 55
(a) Attend the number of meetings between the business and 56 the Director or another person designated by the Director as 57 prescribed in the agreement; 58
(b) Report job creation data in the manner prescribed by the 59 Director; 60
(c) Provide financial data in the manner prescribed by the 61 Director. 62
The Director may prescribe in the agreement additional 63 reporting requirements as are necessary to document the progress 64 of the business and monitor the business's implementation of the 65 assistance. 66
(D) On or before one year after the effective date of H.B. 67 483 of the 130th General Assembly, the Director of Development 68 Services shall make available on the Development Services Agency's 69 web site a report that includes, at a minimum, the number of 70 businesses receiving assistance under this section, the number of 71 full-time equivalent employees created as a result of the 72 assistance, the total amount of compensation paid for such 73 employees, and the locations and types of business conducted by 74 the businesses. The report shall also evaluate the effectiveness 75 of the Economic Gardening Technical Assistance Pilot Program and 76 recommend any changes to be made to the program. The report shall 77
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78 be submitted to the Governor, the Speaker and Minority Leader of 79 the House of Representatives, and the Majority Leader and Minority 80 Leader of the Senate.
(E) The Director of Development Services shall adopt rules in 81 accordance with Chapter 119. of the Revised Code that are 82 necessary for the administration of the Economic Gardening 83 Technical Assistance Pilot Program. 84
Section 757.31. Section 757.30 of H.B. 483 of the 130th 85 General Assembly is hereby repealed, effective two years after the 86 effective date of that act." 87
The motion was ______agreed to.
SYNOPSIS
Economic Gardening Technical Assistance Pilot Program 88
Sections 757.30 and 757.31 89
Creates the Economic Gardening Technical Assistance Pilot 90 Program. Under the program, the Development Services Agency may 91 provide eligible businesses with technical assistance related to 92 market research, marketing, and the development of connections 93 with other businesses and resource providers. 94
Provides that an eligible business must be for-profit, have 95 between six and 99 employees, generate between $750,000 and $25 96 million in annual revenue, have maintained its principal place of 97 business in Ohio for the past two years, and have increased its 98 gross revenue and number of full-time Ohio employees during three 99 of the past five years. 100
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Provides for the repeal of the new program two years after it 101 is created, and requires the Director of Development Services to 102 compile a report on the new program within one year after it is 103 created and submit the report to the Governor and General 104 Assembly. 105
Development Services Agency 106
Section 610.20, Amends Section 257.10 of H.B. 59 107
Establishes appropriations of $500,000 in FY 2015 under GRF 108 appropriation item 195530, Economic Gardening Pilot Program, for 109 the Economic Gardening Technical Assistance Pilot Program created 110 in the bill. 111
130HB483-HC0342/SS HC0345X2 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 21109 and 21110, insert: 1
"Section ______. MORATORIUM ON STRS MITIGATING RATE 2
Notwithstanding division (D) of section 3305.06 and section 3 3305.061 of the Revised Code, the percentage of an electing 4 employee's compensation contributed to the State Teachers 5 Retirement System by a public institution of higher education 6 under division (D) of section 3305.06 of the Revised Code to 7 mitigate any financial impact of an alternative retirement program 8 on the retirement system shall not exceed four and one-half per 9 cent. The percentage shall be effective until July 1, 2015. 10
Section ______. ORSC STUDY OF ARP MITIGATING RATE 11
(A) The Ohio Retirement Study Council shall study the 12 applicability, operation, and efficacy of the percentage of an 13 electing employee's compensation contributed by a public 14 institution of higher education under division (D) of section 15 3305.06 of the Revised Code to mitigate any financial impact of an 16 alternative retirement program on the Public Employees Retirement 17 System, State Teachers Retirement System, and School Employees 18 Retirement System and make recommendations on any changes in 19 determining the appropriate mitigating rate. The study shall 20
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21 research the historical impact of the mitigating rate and whether 22 its purpose is being served.
(B) Not later than December 31, 2014, the Council shall 23 prepare and submit to the Governor, the President of the Senate, 24 and the Speaker of the House of Representatives a report of its 25 findings and recommendations." 26
The motion was ______agreed to.
SYNOPSIS
ARP Mitigating Rate 27
Sections ____ and ____ 28
Provides that the percentage of an alternative retirement 29 program (ARP) participant's compensation paid by a public 30 institution of higher education to the State Teachers Retirement 31 System (STRS) to mitigate any financial impact of an ARP on STRS 32 (known as the "mitigating rate") cannot exceed 4.5% of the 33 participant's compensation. 34
Specifies that the limit on the STRS mitigating rate is 35 effective until July 1, 2015. 36
Requires the Ohio Retirement Study Council to (1) study and 37 recommend changes to the ARP mitigating rate and (2) not later 38 than December 31, 2014, submit to the Governor, Senate President, 39 and House Speaker a report of its findings and recommendations. 40
130HB483-HC0345X2/SS HC0346 H.B. 483 As Introduced
______moved to amend as follows:
In line 52, after "3123.89," insert "3313.617,"; after 1 "3314.08," insert "3317.01,"; after "3317.0217," insert "3333.04," 2
In line 67, after "3123.90," insert "3314.38, 3317.036,"; 3 after "3317.162," insert "3317.23, 3317.24, 3345.86," 4
Between lines 5969 and 5970, insert: 5
"Sec. 3313.617. (A) A person who meets all of the following 6 criteria shall be permitted to take the tests of general 7 educational development: 8
(1) The person is at least eighteen years of age. 9
(2) The person is officially withdrawn from school. 10
(3) The person has not received a high school diploma or 11 honors diploma awarded under section 3313.61, 3313.611, 3313.612, 12 or 3325.08 of the Revised Code. 13
(B) When a person who is at least sixteen years of age but 14 less than nineteen eighteen years of age applies to the department 15 of education to take the tests of general educational development, 16 the person shall submit with the application written approval from 17 the superintendent of the school district in which the person was 18 last enrolled, or the superintendent's designee, except that if 19 the person was last enrolled in a community school established 20
130HB483-HC0346/RYT HC0346 Page 2 under Chapter 3314. of the Revised Code or a science, technology, 21 engineering, and mathematics school established under Chapter 22 3326. of the Revised Code, the approval shall be from the 23 principal of the school, or the principal's designee. The 24 department may require the person also to submit written approval 25 from the person's parent or guardian or a court official, if the 26 person is younger than eighteen years of age. 27
(B)(C) For the purpose of calculating graduation rates for 28 the school district and building report cards under section 29 3302.03 of the Revised Code, the department shall count any person 30 for whom approval is obtained from the superintendent or 31 principal, or a designee, person's parent or guardian or a court 32 official under division (A)(B) of this section as a dropout from 33 the district or school in which the person was last enrolled prior 34 to obtaining the approval." 35
130HB483-HC0346/RYT HC0346 Page 3
Between lines 6574 and 6575, insert: 36
"Sec. 3314.38. (A) An individual who is at least twenty-two 37 but younger than thirty years of age and who is an eligible 38 individual as defined in section 3317.23 of the Revised Code may 39 enroll for up to two cumulative school years in a dropout 40 prevention and recovery program operated by a community school 41 that is designed to allow enrollees to earn a high school diploma. 42 An individual enrolled under this division may elect to satisfy 43 the requirements to earn a high school diploma by successfully 44 completing a competency-based instructional program that complies 45 with the standards adopted by the chancellor of the Ohio board of 46 regents under division (W) of section 3333.04 of the Revised Code. 47 The community school shall report that individual's enrollment on 48 a full-time equivalency basis to the department of education. This 49 report shall be in addition to the report required under division 50 (B) of section 3314.08 of the Revised Code. An individual enrolled 51 under this division shall not be assigned to classes or settings 52 with students who are younger than eighteen years of age. 53
(B)(1) For each community school that enrolls individuals 54 under division (A) of this section, the department of education 55 annually shall certify the enrollment and attendance, on a 56 full-time equivalency basis, of each individual reported by the 57 school under that division. 58
(2) For each individual enrolled in a community school under 59 division (A) of this section, the department annually shall pay to 60 the community school an amount equal to the following: 61 $5,000 X the individual's enrollment on a full-time equivalency 62 basis as certified under division (B)(1) of this section X the 63 portion of the school year in which the individual is enrolled in 64 the school expressed as a percentage 65
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(C) A community school that enrolls individuals under 66 division (A) of this section shall be subject to the program 67 administration standards adopted by the chancellor under division 68 (W) of section 3333.04 of the Revised Code, as applicable. 69
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Sec. 3317.01. As used in this section, "school district," 70 unless otherwise specified, means any city, local, exempted 71 village, joint vocational, or cooperative education school 72 district and any educational service center. 73
This chapter shall be administered by the state board of 74 education. The superintendent of public instruction shall 75 calculate the amounts payable to each school district and shall 76 certify the amounts payable to each eligible district to the 77 treasurer of the district as provided by this chapter. As soon as 78 possible after such amounts are calculated, the superintendent 79 shall certify to the treasurer of each school district the 80 district's adjusted charge-off increase, as defined in section 81 5705.211 of the Revised Code. Certification of moneys pursuant to 82 this section shall include the amounts payable to each school 83 building, at a frequency determined by the superintendent, for 84 each subgroup of students, as defined in section 3317.40 of the 85 Revised Code, receiving services, provided for by state funding, 86 from the district or school. No moneys shall be distributed 87 pursuant to this chapter without the approval of the controlling 88 board. 89
The state board of education shall, in accordance with 90 appropriations made by the general assembly, meet the financial 91 obligations of this chapter. 92
Moneys distributed to school districts pursuant to this 93 chapter shall be calculated based on the annual enrollment 94 calculated from the three reports required under section sections 95 3317.03 and 3317.036 of the Revised Code and paid on a fiscal year 96 basis, beginning with the first day of July and extending through 97 the thirtieth day of June. The moneys appropriated for each fiscal 98 year shall be distributed periodically to each school district 99
130HB483-HC0346/RYT HC0346 Page 6 unless otherwise provided for. The state board, in June of each 100 year, shall submit to the controlling board the state board's 101 year-end distributions pursuant to this chapter. 102
Except as otherwise provided, payments under this chapter 103 shall be made only to those school districts in which: 104
(A) The school district, except for any educational service 105 center and any joint vocational or cooperative education school 106 district, levies for current operating expenses at least twenty 107 mills. Levies for joint vocational or cooperative education school 108 districts or county school financing districts, limited to or to 109 the extent apportioned to current expenses, shall be included in 110 this qualification requirement. School district income tax levies 111 under Chapter 5748. of the Revised Code, limited to or to the 112 extent apportioned to current operating expenses, shall be 113 included in this qualification requirement to the extent 114 determined by the tax commissioner under division (D) of section 115 3317.021 of the Revised Code. 116
(B) The school year next preceding the fiscal year for which 117 such payments are authorized meets the requirement of section 118 3313.48 of the Revised Code, with regard to the minimum number of 119 hours school must be open for instruction with pupils in 120 attendance, for individualized parent-teacher conference and 121 reporting periods, and for professional meetings of teachers. 122
A school district shall not be considered to have failed to 123 comply with this division because schools were open for 124 instruction but either twelfth grade students were excused from 125 attendance for up to the equivalent of three school days or only a 126 portion of the kindergarten students were in attendance for up to 127 the equivalent of three school days in order to allow for the 128 gradual orientation to school of such students. 129
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A board of education or governing board of an educational 130 service center which has not conformed with other law and the 131 rules pursuant thereto, shall not participate in the distribution 132 of funds authorized by this chapter, except for good and 133 sufficient reason established to the satisfaction of the state 134 board of education and the state controlling board. 135
All funds allocated to school districts under this chapter, 136 except those specifically allocated for other purposes, shall be 137 used to pay current operating expenses only." 138
130HB483-HC0346/RYT HC0346 Page 8
Between lines 6853 and 6854, insert: 139
"Sec. 3317.036. (A) The superintendent of each city, local, 140 and exempted village school district shall report to the state 141 board of education as of the last day of October, March, and June 142 of each year the enrollment under section 3317.23 of the Revised 143 Code, on a full-time equivalency basis, of individuals who are at 144 least twenty-two but less than thirty years of age. This report 145 shall be in addition to the district's report of the enrollment of 146 students entitled to attend school in the district under section 147 3313.64 or 3313.65 of the Revised Code that is required under 148 section 3317.03 of the Revised Code. 149
(B) The superintendent of each joint vocational school 150 district shall report and certify to the superintendent of public 151 instruction as of the last day of October, March, and June of each 152 year the enrollment of individuals receiving services from the 153 district on a full-time equivalency basis under section 3317.24 of 154 the Revised Code. This report shall be in addition to the 155 district's report of the enrollment of students that is required 156 under section 3317.03 of the Revised Code." 157
130HB483-HC0346/RYT HC0346 Page 9
Between lines 6878 and 6879, insert: 158
"Sec. 3317.23. (A) For purposes of this section, an "eligible 159 individual" is an individual who satisfies both of the following 160 criteria: 161
(1) The individual is at least twenty-two but younger than 162 thirty years of age. 163
(2) The individual has not been awarded a high school diploma 164 or a certificate of high school equivalence, as defined in section 165 4109.06 of the Revised Code, but has completed at least ten of the 166 units required for graduation from high school under section 167 3313.603 of the Revised Code. 168
(B) An eligible individual may enroll in a city, local, or 169 exempted village school district that operates a dropout 170 prevention and recovery program for up to two cumulative school 171 years for the purpose of earning a high school diploma. An 172 individual enrolled under this division may elect to satisfy the 173 requirements to earn a high school diploma by successfully 174 completing a competency-based instructional program that complies 175 with the standards adopted by the chancellor of the Ohio board of 176 regents under division (W) of section 3333.04 of the Revised Code. 177 The district shall report that individual's enrollment on a 178 full-time equivalency basis under division (A) of section 3317.036 179 of the Revised Code and shall not report that individual's 180 enrollment under section 3317.03 of the Revised Code. An 181 individual enrolled under this division shall not be assigned to 182 classes or settings with students who are younger than eighteen 183 years of age. 184
(C)(1) For each district that enrolls individuals under 185 division (B) of this section, the department of education annually 186
130HB483-HC0346/RYT HC0346 Page 10
187 shall certify the enrollment and attendance, on a full-time 188 equivalency basis, of each individual reported by the district 189 under division (A) of section 3317.036 of the Revised Code.
(2) For each individual enrolled in a district under division 190 (B) of this section, the department annually shall pay to the 191 district an amount equal to the following: 192 $5,000 X the individual's enrollment on a full-time equivalency 193 basis as certified under division (C)(1) of this section X the 194 portion of the school year in which the individual is enrolled in 195 the district expressed as a percentage 196
(D) A district that enrolls individuals under division (B) of 197 this section shall be subject to the program administration 198 standards adopted by the chancellor under division (W) of section 199 3333.04 of the Revised Code, as applicable. 200
130HB483-HC0346/RYT HC0346 Page 11
Sec. 3317.24. (A) For purposes of this section, an "eligible 201 individual" has the same meaning as in section 3317.23 of the 202 Revised Code. 203
(B) An eligible individual may enroll in a joint vocational 204 school district that operates an adult education program for up to 205 two cumulative school years for the purpose of completing the 206 requirements to earn a high school diploma. An individual enrolled 207 under this division may elect to satisfy these requirements by 208 successfully completing a competency-based instructional program 209 that complies with the standards adopted by the chancellor of the 210 Ohio board of regents under division (W) of section 3333.04 of the 211 Revised Code. The district shall report an individual's enrollment 212 under this division on a full-time equivalency basis under 213 division (B) of section 3317.036 of the Revised Code and shall not 214 report that individual's enrollment under section 3317.03 of the 215 Revised Code. An individual enrolled under this division shall not 216 be assigned to classes or settings with students who are younger 217 than eighteen years of age. 218
(C)(1) For each joint vocational school district that enrolls 219 individuals under division (B) of this section, the department of 220 education annually shall certify the enrollment and attendance, on 221 a full-time equivalency basis, of each individual reported by the 222 district under division (B) of section 3317.036 of the Revised 223 Code. 224
(2) For each individual enrolled in a joint vocational school 225 district under division (B) of this section, the department 226 annually shall pay to the district an amount equal to the 227 following: 228 $5,000 X the individual's enrollment on a full-time equivalency 229 basis as certified under division (C)(1) of this section X the 230
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portion of the school year in which the individual is enrolled in 231 the district expressed as a percentage 232
(D) If an individual enrolled in a joint vocational school 233 district under division (B) of this section completes the 234 requirements to earn a high school diploma, the joint vocational 235 school district shall certify the completion of those requirements 236 to the city, local, or exempted village school district in which 237 the individual resides. Upon receiving certification under this 238 division, the city, local, or exempted village school district in 239 which the individual resides shall issue a high school diploma to 240 the individual. 241
(E) A joint vocational school district that enrolls 242 individuals under division (B) of this section shall be subject to 243 the program administration standards adopted by the chancellor 244 under division (W) of section 3333.04 of the Revised Code, as 245 applicable. 246
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Sec. 3333.04. The chancellor of the Ohio board of regents 247 shall: 248
(A) Make studies of state policy in the field of higher 249 education and formulate a master plan for higher education for the 250 state, considering the needs of the people, the needs of the 251 state, and the role of individual public and private institutions 252 within the state in fulfilling these needs; 253
(B)(1) Report annually to the governor and the general 254 assembly on the findings from the chancellor's studies and the 255 master plan for higher education for the state; 256
(2) Report at least semiannually to the general assembly and 257 the governor the enrollment numbers at each state-assisted 258 institution of higher education. 259
(C) Approve or disapprove the establishment of new branches 260 or academic centers of state colleges and universities; 261
(D) Approve or disapprove the establishment of state 262 technical colleges or any other state institution of higher 263 education; 264
(E) Recommend the nature of the programs, undergraduate, 265 graduate, professional, state-financed research, and public 266 services which should be offered by the state colleges, 267 universities, and other state-assisted institutions of higher 268 education in order to utilize to the best advantage their 269 facilities and personnel; 270
(F) Recommend to the state colleges, universities, and other 271 state-assisted institutions of higher education graduate or 272 professional programs, including, but not limited to, doctor of 273 philosophy, doctor of education, and juris doctor programs, that 274
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275 could be eliminated because they constitute unnecessary 276 duplication, as shall be determined using the process developed 277 pursuant to this division, or for other good and sufficient cause. 278 Prior to recommending a program for elimination, the chancellor 279 shall request the board of regents to hold at least one public 280 hearing on the matter and advise the chancellor on whether the 281 program should be recommended for elimination. The board shall 282 provide notice of each hearing within a reasonable amount of time 283 prior to its scheduled date. Following the hearing, the board 284 shall issue a recommendation to the chancellor. The chancellor 285 shall consider the board's recommendation but shall not be 286 required to accept it.
For purposes of determining the amounts of any state 287 instructional subsidies paid to state colleges, universities, and 288 other state-assisted institutions of higher education, the 289 chancellor may exclude students enrolled in any program that the 290 chancellor has recommended for elimination pursuant to this 291 division except that the chancellor shall not exclude any such 292 student who enrolled in the program prior to the date on which the 293 chancellor initially commences to exclude students under this 294 division. 295
The chancellor and state colleges, universities, and other 296 state-assisted institutions of higher education shall jointly 297 develop a process for determining which existing graduate or 298 professional programs constitute unnecessary duplication. 299
(G) Recommend to the state colleges, universities, and other 300 state-assisted institutions of higher education programs which 301 should be added to their present programs; 302
(H) Conduct studies for the state colleges, universities, and 303 other state-assisted institutions of higher education to assist 304
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305 them in making the best and most efficient use of their existing 306 facilities and personnel;
(I) Make recommendations to the governor and general assembly 307 concerning the development of state-financed capital plans for 308 higher education; the establishment of new state colleges, 309 universities, and other state-assisted institutions of higher 310 education; and the establishment of new programs at the existing 311 state colleges, universities, and other institutions of higher 312 education; 313
(J) Review the appropriation requests of the public community 314 colleges and the state colleges and universities and submit to the 315 office of budget and management and to the chairpersons of the 316 finance committees of the house of representatives and of the 317 senate the chancellor's recommendations in regard to the biennial 318 higher education appropriation for the state, including 319 appropriations for the individual state colleges and universities 320 and public community colleges. For the purpose of determining the 321 amounts of instructional subsidies to be paid to state-assisted 322 colleges and universities, the chancellor shall define "full-time 323 equivalent student" by program per academic year. The definition 324 may take into account the establishment of minimum enrollment 325 levels in technical education programs below which support 326 allowances will not be paid. Except as otherwise provided in this 327 section, the chancellor shall make no change in the definition of 328 "full-time equivalent student" in effect on November 15, 1981, 329 which would increase or decrease the number of subsidy-eligible 330 full-time equivalent students, without first submitting a fiscal 331 impact statement to the president of the senate, the speaker of 332 the house of representatives, the legislative service commission, 333 and the director of budget and management. The chancellor shall 334 work in close cooperation with the director of budget and 335
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336 management in this respect and in all other matters concerning the 337 expenditures of appropriated funds by state colleges, 338 universities, and other institutions of higher education.
(K) Seek the cooperation and advice of the officers and 339 trustees of both public and private colleges, universities, and 340 other institutions of higher education in the state in performing 341 the chancellor's duties and making the chancellor's plans, 342 studies, and recommendations; 343
(L) Appoint advisory committees consisting of persons 344 associated with public or private secondary schools, members of 345 the state board of education, or personnel of the state department 346 of education; 347
(M) Appoint advisory committees consisting of college and 348 university personnel, or other persons knowledgeable in the field 349 of higher education, or both, in order to obtain their advice and 350 assistance in defining and suggesting solutions for the problems 351 and needs of higher education in this state; 352
(N) Approve or disapprove all new degrees and new degree 353 programs at all state colleges, universities, and other 354 state-assisted institutions of higher education; 355
(O) Adopt such rules as are necessary to carry out the 356 chancellor's duties and responsibilities. The rules shall 357 prescribe procedures for the chancellor to follow when taking 358 actions associated with the chancellor's duties and 359 responsibilities and shall indicate which types of actions are 360 subject to those procedures. The procedures adopted under this 361 division shall be in addition to any other procedures prescribed 362 by law for such actions. However, if any other provision of the 363 Revised Code or rule adopted by the chancellor prescribes 364 different procedures for such an action, the procedures adopted 365
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366 under this division shall not apply to that action to the extent 367 they conflict with the procedures otherwise prescribed by law. The 368 procedures adopted under this division shall include at least the 369 following:
(1) Provision for public notice of the proposed action; 370
(2) An opportunity for public comment on the proposed action, 371 which may include a public hearing on the action by the board of 372 regents; 373
(3) Methods for parties that may be affected by the proposed 374 action to submit comments during the public comment period; 375
(4) Submission of recommendations from the board of regents 376 regarding the proposed action, at the request of the chancellor; 377
(5) Written publication of the final action taken by the 378 chancellor and the chancellor's rationale for the action; 379
(6) A timeline for the process described in divisions (O)(1) 380 to (5) of this section. 381
(P) Make recommendations to the governor and the general 382 assembly regarding the design and funding of the student financial 383 aid programs specified in sections 3333.12, 3333.122, 3333.21 to 384 3333.26, and 5910.02 of the Revised Code; 385
(Q) Participate in education-related state or federal 386 programs on behalf of the state and assume responsibility for the 387 administration of such programs in accordance with applicable 388 state or federal law; 389
(R) Adopt rules for student financial aid programs as 390 required by sections 3333.12, 3333.122, 3333.21 to 3333.26, 391 3333.28, and 5910.02 of the Revised Code, and perform any other 392 administrative functions assigned to the chancellor by those 393
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394 sections;
(S) Conduct enrollment audits of state-supported institutions 395 of higher education; 396
(T) Appoint consortia of college and university personnel to 397 advise or participate in the development and operation of 398 statewide collaborative efforts, including the Ohio supercomputer 399 center, the Ohio academic resources network, OhioLink, and the 400 Ohio learning network. For each consortium, the chancellor shall 401 designate a college or university to serve as that consortium's 402 fiscal agent, financial officer, and employer. Any funds 403 appropriated for the consortia shall be distributed to the fiscal 404 agents for the operation of the consortia. A consortium shall 405 follow the rules of the college or university that serves as its 406 fiscal agent. The chancellor may restructure existing consortia, 407 appointed under this division, in accordance with procedures 408 adopted under divisions (O)(1) to (6) of this section. 409
(U) Adopt rules establishing advisory duties and 410 responsibilities of the board of regents not otherwise prescribed 411 by law; 412
(V) Respond to requests for information about higher 413 education from members of the general assembly and direct staff to 414 conduct research or analysis as needed for this purpose; 415
(W)(1) In consultation with the state board of education, 416 adopt emergency rules in accordance with division (F) of section 417 119.03 of the Revised Code regarding the administration of 418 programs that enroll individuals who are at least twenty-two but 419 younger than thirty years of age under sections 3314.38, 3317.23, 420 3317.24, and 3345.86 of the Revised Code; 421
(2) Not later than ninety days after the effective date of 422
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423 the emergency rules adopted under division (W)(1) of this section, 424 in consultation with the state board of education, adopt rules 425 under Chapter 119. of the Revised Code regarding the 426 administration of programs that enroll individuals who are at 427 least twenty-two but younger than thirty years of age under 428 sections 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised 429 Code, including data collection, the reporting and certification 430 of enrollment in the programs, the measurement of the academic 431 performance of individuals enrolled in the programs and the 432 standards for competency-based instructional programs.
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Sec. 3345.86. (A) As used in this section, an "eligible 433 institution" means a community college established under Chapter 434 3354. of the Revised Code, a university branch established under 435 Chapter 3355. of the Revised Code, a technical college established 436 under Chapter 3357. of the Revised Code, or a state community 437 college established under Chapter 3358. of the Revised Code. 438
(B) An individual who is at least twenty-two but younger than 439 thirty years of age and who is an eligible individual as defined 440 in section 3317.23 of the Revised Code may enroll in an eligible 441 institution for up to two cumulative school years for the purpose 442 of completing the requirements to earn a high school diploma. An 443 individual enrolled under this division may elect to satisfy these 444 requirements by successfully completing a competency-based 445 instructional program that complies with the standards adopted by 446 the chancellor of the Ohio board of regents under division (W) of 447 section 3333.04 of the Revised Code. 448
The eligible institution in which the individual enrolls 449 shall report that individual's enrollment on a full-time 450 equivalency basis to the department of education. 451
(C)(1) For each eligible institution that enrolls individuals 452 under division (B) of this section, the department annually shall 453 certify the enrollment and attendance, on a full-time equivalency 454 basis, of each individual reported by the institution under that 455 division. 456
(2) For each individual enrolled in an eligible institution 457 under division (B) of this section, the department annually shall 458 pay to the institution an amount equal to the following: 459
$5,000 X the individual's enrollment on a full-time 460 equivalency basis as certified under division (C)(1) of this 461
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462 section X the portion of the school year in which the individual 463 is enrolled in the institution expressed as a percentage
(D) If an individual enrolled in an eligible institution 464 under division (B) of this section completes the requirements to 465 earn a high school diploma, the institution shall certify the 466 completion of those requirements to the city, local, or exempted 467 village school district in which the individual resides. Upon 468 receiving certification under this division, the city, local, or 469 exempted village school district in which the individual resides 470 shall issue a high school diploma to the individual. 471
(E) An eligible institution that enrolls individuals under 472 division (B) of this section shall be subject to the program 473 administration standards adopted by the chancellor under division 474 (W) of section 3333.04 of the Revised Code, as applicable." 475
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In line 18361, after "3123.89," insert "3313.617,"; after 476 "3314.08," insert "3317.01," 477
In line 18362, after "3317.0217," insert "3333.04," 478
In line 18522, after "263.10," insert "263.40," 479
In line 19249, strike through the second "$7,403,998" and 480 insert "$12,403,998" 481
In line 19273a, delete "$8,387,357,295" and insert 482 "$8,392,357,295" 483
In line 19347a, delete "$12,016,018,929" and insert 484 "$12,021,018,929" 485
Between lines 19347a and 19349, insert: 486
"Sec. 263.40. ALTERNATIVE EDUCATION PROGRAMS 487
Of the foregoing appropriation item 200421, Alternative 488 Education Programs, up to $5,000,000 in fiscal year 2015 shall be 489 used to make payments under sections 3314.38, 3317.23, 3317.24, 490 and 3345.86 of the Revised Code as enacted by this act. 491
The foregoing remainder of appropriation item 200421, 492 Alternative Education Programs, shall be used for the renewal of 493 successful implementation grants and for competitive matching 494 grants to school districts for alternative educational programs 495 for existing and new at-risk and delinquent youth. Programs shall 496 be focused on youth in one or more of the following categories: 497 those who have been expelled or suspended, those who have dropped 498 out of school or who are at risk of dropping out of school, those 499 who are habitually truant or disruptive, or those on probation or 500 on parole from a Department of Youth Services facility. Grants 501 shall be awarded only to programs in which the grant will not 502 serve as the program's primary source of funding. These grants 503
130HB483-HC0346/RYT HC0346 Page 23 shall be administered by the Department of Education. 504
The Department of Education may waive compliance with any 505 minimum education standard established under section 3301.07 of 506 the Revised Code for any alternative school that receives a grant 507 under this section on the grounds that the waiver will enable the 508 program to more effectively educate students enrolled in the 509 alternative school. 510
Of the foregoing appropriation item 200421, Alternative 511 Education Programs, a portion may be used for program 512 administration, monitoring, technical assistance, support, 513 research, and evaluation." 514
130HB483-HC0346/RYT HC0346 Page 24
In line 21063, after "263.10," insert "263.40," 515
Between lines 21069 and 21070, insert: 516
"Section 733.____. (A) As used in this section: 517
(1) "Eligible individual" has the same meaning as in section 518 3317.23 of the Revised Code as enacted by this act. 519
(2) "Eligible institution" has the same meaning as in section 520 3345.86 of the Revised Code as enacted by this act. 521
(B) For fiscal year 2015, the combined enrollment in city, 522 local, and exempted village school districts under division (B) of 523 section 3317.23 of the Revised Code, joint vocational school 524 districts under division (B) of section 3317.24 of the Revised 525 Code, community school dropout prevention and recovery programs 526 under division (A) of section 3314.38 of the Revised Code, and 527 eligible institutions under division (B) of section 3345.86 of the 528 Revised Code of individuals who are at least twenty-two but 529 younger than thirty years of age shall be limited to 1,000 530 eligible individuals on a full-time equivalency basis as 531 determined by the Department of Education. 532
130HB483-HC0346/RYT HC0346 Page 25
Section 733.____. Not later than December 31, 2015, the 533 Department of Education shall prepare and submit a report to the 534 General Assembly, in accordance with section 101.68 of the Revised 535 Code, regarding services provided to individuals who are at least 536 twenty-two but younger than thirty years of age under sections 537 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised Code as 538 enacted by this act." 539
In line 9 of the title, after "3123.89," insert "3313.617,"; 540 after "3314.08," insert "3317.01," 541
In line 10 of the title, after "3317.0217," insert "3333.04," 542
In line 30 of the title, after "3123.90," insert "3314.38, 543 3317.036,"; after "3317.162," insert "3317.23, 3317.24, 3345.86," 544
In line 36 of the title, after "263.10," insert "263.40," 545
546
The motion was ______agreed to.
SYNOPSIS
Enrollment of individuals ages 22 to 29 547
R.C. 3314.038, 3317.01, 3317.036, 3317.23, 3317.24, 3333.04, 548 and 3345.86; Sections 610.20 and 610.21 (amending Sections 263.10 549 and 263.40 of H.B. 59) and Sections ___ and ___ 550
Enrollment of and payment for individuals ages 22 to 29 551
Beginning with fiscal year 2015, permits an individual who is 552 22 to 29 years old, has not received a high school diploma or a 553 certificate of high school equivalence, and has completed at least 554 10 of the units of instructional credit required for graduation 555
130HB483-HC0346/RYT HC0346 Page 26
556 from high school to enroll for up to two cumulative school years 557 in any of the following for the purpose of earning a high school 558 diploma:
(1) A city, local, or exempted village school district that 559 operates a dropout prevention and recovery program; 560
(2) A community school that operates a dropout prevention and 561 recovery program; 562
(3) A joint vocational school district that operates an adult 563 education program; 564
(4) A community college, university branch, technical 565 college, or state community college. 566
Requires the Department of Education to annually pay to each 567 educational entity listed above, for each individual enrolled 568 under the bill's provisions, $5,000 times the individual's 569 enrollment on a full-time equivalency basis as reported by the 570 entity and certified by the Department times the portion of the 571 school year in which the individual is enrolled in the entity 572 expressed as a percentage. 573
Specifies that an individual enrolled under the bill's 574 provisions may elect to satisfy the requirements to earn a high 575 school diploma by successfully completing a competency-based 576 instructional program that complies with standards adopted by the 577 Chancellor of the Board of Regents (see "Standards for enrollment 578 of individuals ages 22 to 29" below). 579
Requires a joint vocational school district, community 580 college, university branch, technical college, or state community 581 college, if an individual enrolled under the bill's provisions 582 completes the requirements to earn a high school diploma, to 583 certify the completion of those requirements to the city, local, 584
130HB483-HC0346/RYT HC0346 Page 27
585 or exempted village school district in which the individual 586 resides, which district then must issue a high school diploma to 587 the individual.
Prohibits a district or community school from assigning an 588 individual enrolled under the bill's provisions to classes or 589 settings with students who are younger than 18 years of age. 590
Increases GRF appropriation item 200421, Alternative 591 Education Programs, by $5 million in FY 2015 and earmarks this 592 amount for payments to the educational entities listed above for 593 individuals ages 22 to 29 that enroll under the bill's provisions. 594
Certification of enrollment and attendance 595
Requires the Department to annually certify the enrollment 596 and attendance, on a full-time equivalency basis, of each 597 individual reported under the bill's provisions by one of the 598 educational entities listed above. 599
Fiscal year 2015 limitation on enrollment 600
For fiscal year 2015, limits the combined enrollment of 601 individuals ages 22 to 29 under the bill's provisions to 1,000 602 individuals on a full-time equivalency basis as determined by the 603 Department. 604
Standards for enrollment of individuals ages 22 to 29 605
Requires the Chancellor, in consultation with the State Board 606 of Education, to (1) adopt emergency rules regarding the 607 administration of programs that enroll individuals ages 22 to 29 608 under the bill's provisions and (2) not later than 90 days after 609 the effective date of the emergency rules, adopt rules regarding 610 the administration of programs that enroll individuals ages 22 to 611 29 under the bill's provisions, including data collection, the 612 reporting and certification of enrollment in the programs, the 613
130HB483-HC0346/RYT HC0346 Page 28
614 measurement of the academic performance of individuals enrolled in 615 the programs, and the standards for competency-based instructional 616 programs.
Specifies that each educational entity listed above that 617 enrolls individuals under the bill's provisions is subject to 618 those rules. 619
Report regarding services provided to individuals ages 22 to 620 29 621
Requires the Department, not later than December 31, 2015, to 622 prepare and submit a report to the General Assembly regarding 623 services provided to individuals ages 22 to 29 under the bill's 624 provisions. 625
Eligibility for the GED tests 626
R.C. 3313.617 627
Specifies that a person who is at least 18 years old (rather 628 than 19 as under current law) may take the tests of general 629 educational development (GED) without additional administrative 630 requirements if the person is officially withdrawn from high 631 school and has not received a high school diploma. 632
Requires a person who is at least 16 but less than 18 years 633 old and who applies to take the GED to submit to the Department 634 written approval only from the person's parent or guardian or a 635 court official (eliminating the current requirement to obtain 636 approval from the school district superintendent or community 637 school or STEM school principal where the person was last 638 enrolled). 639
130HB483-HC0346/RYT HC0347X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 56, after "4729.54," insert "4729.65," 1
Between lines 11852 and 11853, insert: 2
"Sec. 4729.65. (A) Except as provided in division (B) of this 3 section, all receipts of the state board of pharmacy, from any 4 source, shall be deposited into the state treasury to the credit 5 of the occupational licensing and regulatory fund. All vouchers of 6 the board shall be approved by the president or executive director 7 of the board, or both, as authorized by the board. All initial 8 issuance fees and renewal fees required by sections 4729.01 to 9 4729.54 of the Revised Code shall be payable by the applicant at 10 the time of making application. 11
(B)(1) There is hereby created in the state treasury the 12 board of pharmacy drug law enforcement fund. All moneys that are 13 derived from any fines, mandatory fines, or forfeited bail to 14 which the board may be entitled under Chapter 2925., division (C) 15 of section 2923.42, or division (B) of section 2925.42 of the 16 Revised Code and all moneys that are derived from forfeitures of 17 property to which the board may be entitled pursuant to Chapter 18 2925. or 2981. of the Revised Code, any other provision of the 19 Revised Code, or federal law shall be deposited into the fund. 20 Subject to division (B)(2) of this section, division (B) of 21
130HB483-HC0347X1/SS HC0347X1 Page 2
22 section 2923.44, and divisions (B), (C), and (D) of section 23 2981.13 of the Revised Code, the moneys in the fund shall be used 24 solely to subsidize the drug law enforcement efforts of the board.
(2) Notwithstanding any contrary provision in the Revised 25 Code, moneys that are derived from forfeitures of property 26 pursuant to federal law and that are deposited into the board of 27 pharmacy drug law enforcement fund in accordance with division 28 (B)(1) of this section shall be used and accounted for in 29 accordance with the applicable federal law, and the board 30 otherwise shall comply with that law in connection with the 31 moneys. 32
(C) All fines and forfeited bonds assessed and collected 33 under prosecution or prosecution commenced in the enforcement of 34 this chapter shall be paid to the executive director of the board 35 within thirty days and by the executive director paid into the 36 state treasury to the credit of the occupational licensing and 37 regulatory fund. The 38
(D)(1) Except as provided in divisions (D)(2) and (3) of this 39 section, the board, subject to the approval of the controlling 40 board and except for fees required to be established by the board 41 at amounts "adequate" to cover designated expenses, may establish 42 fees in excess of the amounts provided by this chapter, provided 43 that such fees do not exceed the amounts permitted by this chapter 44 by more than fifty per cent. 45
(2) Division (D)(1) of this section does not apply to fees 46 required by this chapter to be established at amounts adequate to 47 cover designated expenses. 48
(3) Fees established under division (D)(1) of this section or 49 described in division (D)(2) of this section are subject to the 50 limitation on fee increases specified in division (A) of section 51
130HB483-HC0347X1/SS HC0347X1 Page 3
52 4729.83 of the Revised Code."
In line 11855, after "the" insert "board may use, for the 53 purpose of establishing or maintaining the database, any portion 54 of the fees collected under section 4729.15, 4729.52, or 4729.54 55 of the Revised Code for the licensing or registration of 56 pharmacists, pharmacy interns, wholesale distributors of dangerous 57 drugs, or terminal distributors of dangerous drugs. The board 58 shall not increase the amount of any of those fees solely for the 59 purpose of establishing or maintaining the database. 60
The"; reinsert "shall not impose any charge on a" 61
In line 11856, reinsert "prescriber for the" 62
In line 11857, reinsert "establishment or maintenance of the 63 database. The board" 64
In line 18366, after "4729.54," insert "4729.65," 65
In line 15 of the title, after "4729.54," insert "4729.65," 66
The motion was ______agreed to.
SYNOPSIS
Use of licensing fees for OARRS 67
R.C. 4729.65 and 4729.83 68
Modifies a provision that would have eliminated the 69 prohibition against imposing a charge on terminal distributors of 70 dangerous drugs, pharmacists, and prescribers in order to 71 establish or maintain the Ohio Automated Rx Reporting System 72 (OARRS) by, instead, doing the following: (1) permitting the State 73 Board of Pharmacy to use for the purpose of OARRS any portion of 74
130HB483-HC0347X1/SS HC0347X1 Page 4
75 the licensing or registration fees collected from pharmacists, 76 pharmacy interns, wholesale distributors of dangerous drugs, or 77 terminal distributors of dangerous drugs (2) prohibiting the Board 78 from increasing those fees solely for that purpose, and (3) 79 retaining current law that prohibits the Board from imposing an 80 OARRS fee on prescribers.
130HB483-HC0347X1/SS HC0348X2 H.B. 483 As Introduced
______moved to amend as follows:
In line 56, after "4729.54," insert "4729.541," 1
In line 11633, strike through "and section" 2
In line 11634, strike through "4729.541 of the Revised Code" 3
Between lines 11852 and 11853, insert: 4
"Sec. 4729.541. (A) Except as provided in division divisions 5 (B) and (C) of this section, a business entity described in 6 division (B)(1)(j) or (k) of section 4729.51 of the Revised Code 7 may possess, have custody or control of, and distribute the 8 dangerous drugs in category I, category II, and category III of, 9 as defined in section 4729.54 of the Revised Code, without holding 10 a terminal distributor of dangerous drugs license issued under 11 that section. 12
(B) If a business entity described in division (B)(1)(j) or 13 (k) of section 4729.51 of the Revised Code is a pain management 14 clinic or is operating a pain management clinic, the entity shall 15 hold a license as a terminal distributor of dangerous drugs with a 16 pain management clinic classification issued under section 17 4729.552 of the Revised Code. 18
(C) Beginning April 1, 2015, a business entity described in 19 division (B)(1)(j) or (k) of section 4729.51 of the Revised Code 20
130HB483-HC0348X2/RYT HC0348X2 Page 2
21 shall hold a license as a terminal distributor of dangerous drugs 22 in order to possess, have custody or control of, and distribute 23 dangerous drugs that are compounded or used for the purpose of 24 compounding."
In line 18366, after "4729.54," insert "4729.541," 25
In line 15 of the title, after "4729.54," insert "4729.541," 26
The motion was ______agreed to.
SYNOPSIS
Limitation on terminal distributor license exemption 27
R.C. 4729.54 and 4729.541 28
Requires, beginning April 1, 2015, certain business entities 29 that are exempt from holding a terminal distributor license under 30 current law to hold a terminal distributor license from the State 31 Board of Pharmacy to possess and distribute dangerous drugs that 32 are compounded or used for the purpose of compounding. 33
130HB483-HC0348X2/RYT HC0352 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 19898, after "Assembly," delete "encumbrances made
2 for" and insert "funds encumbered by recipients of"
3 In line 19899, after "for" insert "grant-related"
4 The motion was ______agreed to.
5 SYNOPSIS
6 Department of Education
7 Section 610.20, amends Section 263.325 of H.B. 59
8 Modifies Straight A Program encumbrance language.
Legislative Service Commission -1- 130HB483-HC0352.RTF/rs HC0354 H.B. 483 As Introduced
______moved to amend as follows:
In line 49, after "340.021," insert "757.03, 757.04, 757.05, 1 757.06, 757.07, 757.08," 2
Between lines 3069 and 3070, insert: 3
"Sec. 757.03. As used in sections 757.03 to 757.08 of the 4 Revised Code, "area arts council" means an arts council or other 5 organization the purpose of which is to foster and encourage the 6 development of the arts, including but not limited to, literature, 7 theater, music, the dance, painting, sculpture, photography, 8 architecture, and motion pictures. 9
In any city or county in which there is a symphony 10 association, area arts council, art museum, or other similar 11 organization, which is incorporated under sections 1702.01 to 12 1702.58 of the Revised Code, without purpose of profit to any 13 private member or individual, but organized for the purpose of the 14 cultivation and performance of instrumental music, the promotion 15 of the arts, or to maintain a symphony orchestra, the board of 16 education of any school district in such city or the educational 17 service center governing board serving such county, or both, may 18 pay the symphony association, council, art museum, or other 19 organization annually, in quarterly installments, in the case of a 20 school district board of education, a sum of not to exceed one 21
130HB483-HC0354/BLF HC0354 Page 2 half of one cent on each one hundred dollars of the taxable 22 property of the district and, in the case of an educational 23 service center governing board, a sum of not to exceed one half of 24 one cent on each one hundred dollars of the taxable property of 25 the territory of the service center, as valued on the tax 26 duplicate for the next year before the date of the payment. In 27 order to qualify for such payments, the symphony association, arts 28 council, art museum, or other organization shall, by proper 29 resolution of its board of trustees or other governing body, 30 accept all applicable provisions of sections 757.03 to 757.08 of 31 the Revised Code, and file a certified copy of the resolution with 32 the board of education of such district or with the governing 33 board of such educational service center prior to the date of any 34 payment. The first of such payments may be made in the year after 35 the filing of such certified copy. 36
130HB483-HC0354/BLF HC0354 Page 3
Sec. 757.04. No symphony association, area arts council, art 37 museum, or other similar organization may receive any of the 38 payments provided for in section 757.03 of the Revised Code until 39 the symphony association, council, art museum, or organization, by 40 a proper resolution adopted by its board of trustees or other 41 governing body, has tendered to the appropriate board of education 42 or the educational service center governing board the following: 43
(A) The right to nominate as trustees or as members of any 44 other governing body of the symphony association, council, art 45 museum, or organization three members consisting of the following: 46
(1) One member of the board of education or the educational 47 service center governing board; 48
(2) Either the superintendent of schools of the school 49 district or an educational service center, or an assistant 50 superintendent of schools of the district or an educational 51 service center; 52
(3) One member of the music department of the schools 53 maintained by the board of education, to be selected by the 54 superintendent, all three of whom so nominated shall thereupon be 55 elected as trustees or as members of any other governing body. 56
(B) The right to nominate for membership on the executive 57 committee of the symphony association, council, art museum, or 58 organization one of the three trustees of the symphony 59 association, council, art museum, or organization, representing 60 the board of education or the educational service center governing 61 board as the trustees pursuant to division (A) of this section, 62 who shall thereupon be elected a member of the executive 63 committee; 64
(C) The right to require the orchestra maintained by the 65
130HB483-HC0354/BLF HC0354 Page 4
66 symphony association or any performing groups maintained by the 67 council, art museum, or organization to provide such feasible 68 performances for the public schools or for local school districts 69 within the educational service center system maintained or 70 supervised by the educational service center governing board, as 71 in the joint judgment of the board of trustees of the symphony 72 association, council, art museum, or organization, the 73 superintendent, and the board of education of the school district 74 or the educational service center governing board, will serve the 75 largest interest of the school children of the school district or 76 the area served by the educational service center.
A copy of the resolution, certified by the president and 77 secretary of the symphony association, council, art museum, or 78 organization, shall be filed in the office of the board of 79 education or in the office of the educational service center 80 governing board as a condition precedent to the receipt by the 81 association, council, art museum, or organization of any payments. 82
130HB483-HC0354/BLF HC0354 Page 5
Sec. 757.05. In any city or county in which there is a 83 symphony association, an area arts council, an art museum, or 84 other similar organization which is incorporated, organized, and 85 operated in the manner and for the purposes stated in section 86 757.03 of the Revised Code, such city or county, or both, may pay 87 the symphony association, council, art museum, or organization 88 annually, in quarterly installments, in the case of a city, a sum 89 not to exceed one half of one cent on each one hundred dollars of 90 taxable property of the city as value valued on the tax duplicate 91 of the city or, in the case of a county, a sum not to exceed one 92 half of one cent on each one hundred dollars of the taxable 93 property of the county for the year next before the date of each 94 payment. In order to qualify for such payments, the symphony 95 association, council, art museum, or organization shall, by a 96 proper resolution of its board of trustees or other governing 97 body, accept all applicable provisions of sections 757.03 to 98 757.08 of the Revised Code and file a certified copy of the 99 resolution with the controller of the city or the board of county 100 commissioners prior to the date of any payment. The first of such 101 payments may be made in the year after the filing of such 102 certified copy. 103
130HB483-HC0354/BLF HC0354 Page 6
Sec. 757.06. No symphony association, area arts council, art 104 museum, or other similar organization may receive any of the 105 payments provided for in section 757.05 of the Revised Code until 106 the symphony association, council, art museum, or organization, by 107 a proper resolution adopted by its board of trustees or other 108 governing body, has tendered to the mayor, or to the legislative 109 authority of the city if there is no mayor, or to the board of 110 county commissioners, the following: 111
(A) The right to nominate as trustees or as members of any 112 other governing body of the symphony association, council, art 113 museum, or organization, three members to be appointed by the 114 mayor, or by the legislative authority of the city if there is no 115 mayor, or by the board of county commissioners, one of which 116 nominees may, in the discretion of such mayor or legislative 117 authority, or board of county commissioners, be the mayor, or a 118 member of the legislative authority, or the board of county 119 commissioners, all three of whom so nominated shall thereupon be 120 elected as trustees or as members of any other governing body; 121
(B) The right to nominate for membership on the executive 122 committee of the symphony association, council, art museum, or 123 organization, one of the three trustees of the symphony 124 association, council, art museum, or organization, representing 125 the city or county as the trustees pursuant to division (A) of 126 this section, which nominee may, in the discretion of the mayor or 127 the legislative authority of the city if there is no mayor, or the 128 board of county commissioners, be the mayor, or a member of the 129 legislative authority, or the board of county commissioners, which 130 nominee shall thereupon be elected a member of the executive 131 committee; 132
(C) The right to require the orchestra maintained by the 133
130HB483-HC0354/BLF HC0354 Page 7
134 symphony association or any performing groups maintained by the 135 council or organization to provide such feasible popular 136 performances at low cost, as in the joint judgment of the board of 137 trustees of the symphony association, council, art museum, or 138 organization, and the mayor or the legislative authority of the 139 city if there is no mayor, or the board of county commissioners, 140 will serve the largest interests of the citizens of the city or 141 county.
A copy of the resolution, certified by the president and 142 secretary of the symphony association, council, art museum, or 143 organization, shall be filed in the office of the city controller 144 of the city or the board of county commissioners of the county, as 145 a condition precedent to the receipt by the association or 146 society, council, art museum, or similar organization of any 147 payments. 148
130HB483-HC0354/BLF HC0354 Page 8
Sec. 757.07. After any symphony association, area arts 149 council, art museum, or other similar organization has once filed 150 with the board of education, the city controller, or the board of 151 county commissioners the resolutions provided for in sections 152 757.03 to 757.06 of the Revised Code, it need not renew the same 153 from year to year, but each original resolution continues in force 154 for the purposes named until, by like resolution, likewise 155 certified and filed, any original resolution is revoked or 156 rescinded. 157
130HB483-HC0354/BLF HC0354 Page 9
Sec. 757.08. So long as any symphony association, area arts 158 council, art museum, or other similar organization does all the 159 things it agreed to do as considerations for the benefits to be 160 received by it under sections 757.03 to 757.08 of the Revised 161 Code, or is able, willing, and ready to perform the same, the 162 appropriate board of education and the educational service center 163 governing board and the city and county may continue to make the 164 several payments as provided in such sections." 165
In line 18358, after "340.021," insert "757.03, 757.04, 166 757.05, 757.06, 757.07, 757.08," 167
In line 5 of the title, after "340.021," insert "757.03, 168 757.04, 757.05, 757.06, 757.07, 757.08," 169
The motion was ______agreed to.
SYNOPSIS
Payments to art museums by school boards and local 170 governments 171
R.C. 757.03 to 757.08 172
Includes art museums among the current entities allowed to 173 receive annual payments, calculated on the basis of taxable 174 property values, from boards of education, the governing board of 175 an educational service center, and the city and/or county in which 176 the museum is located. 177
Imposes similar conditions as those currently required of a 178 symphony association, area arts council, or other similar 179 nonprofit corporation: the filing of a resolution, as a condition 180
130HB483-HC0354/BLF HC0354 Page 10
181 precedent to the receipt of payments, and conferring specified 182 rights to the local governing board or boards to nominate trustees 183 or members of any governing body of, and members of the executive 184 committee to the art museum.
Requires recipients of payments also to agree to confer the 185 right to require the symphony orchestra or any performing groups 186 maintained by the entities to provide such feasible popular 187 performances at low cost as in the judgment of the parties will 188 serve the largest interests of the school children served or the 189 citizens of the city or county. 190
(Under current law, unchanged by the bill, the payments are 191 calculated as follows: in the case of a school district board of 192 education, a sum not to exceed one-half of one cent on each one 193 hundred dollars of the taxable property of the district and, in 194 the case of an educational service center governing board, a sum 195 not to exceed one-half of one cent on each one hundred dollars of 196 the taxable property of the territory of the service center, as 197 valued on the tax duplicate for the next year before the date of 198 the payment. The same calculation applies for cities and counties 199 under current law, and, under the bill, the same calculation will 200 determine the amounts of payments for art museums.) 201
130HB483-HC0354/BLF HC0358 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "126.25," insert "149.311," 1
Between lines 1841 and 1842, insert: 2
"Sec. 149.311. (A) As used in this section: 3
(1) "Historic building" means a building, including its 4 structural components, that is located in this state and that is 5 either individually listed on the national register of historic 6 places under 16 U.S.C. 470a, located in a registered historic 7 district, and certified by the state historic preservation officer 8 as being of historic significance to the district, or is 9 individually listed as an historic landmark designated by a local 10 government certified under 16 U.S.C. 470a(c). 11
(2) "Qualified rehabilitation expenditures" means 12 expenditures paid or incurred during the rehabilitation period, 13 and before and after that period as determined under 26 U.S.C. 47, 14 by an owner or qualified lessee of an historic building to 15 rehabilitate the building. "Qualified rehabilitation expenditures" 16 includes architectural or engineering fees paid or incurred in 17 connection with the rehabilitation, and expenses incurred in the 18 preparation of nomination forms for listing on the national 19 register of historic places. "Qualified rehabilitation 20
130HB483-HC0358/RYT HC0358 Page 2
21 expenditures" does not include any of the following:
(a) The cost of acquiring, expanding, or enlarging an 22 historic building; 23
(b) Expenditures attributable to work done to facilities 24 related to the building, such as parking lots, sidewalks, and 25 landscaping; 26
(c) New building construction costs. 27
(3) "Owner" of an historic building means a person holding 28 the fee simple interest in the building. "Owner" does not include 29 the state or a state agency, or any political subdivision as 30 defined in section 9.23 of the Revised Code. 31
(4) "Qualified lessee" means a person subject to a lease 32 agreement for an historic building and eligible for the federal 33 rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" 34 does not include the state or a state agency or political 35 subdivision as defined in section 9.23 of the Revised Code. 36
(5) "Certificate owner" means the owner or qualified lessee 37 of an historic building to which a rehabilitation tax credit 38 certificate was issued under this section. 39
(6) "Registered historic district" means an historic district 40 listed in the national register of historic places under 16 U.S.C. 41 470a, an historic district designated by a local government 42 certified under 16 U.S.C. 470a(c), or a local historic district 43 certified under 36 C.F.R. 67.8 and 67.9. 44
(7) "Rehabilitation" means the process of repairing or 45 altering an historic building or buildings, making possible an 46 efficient use while preserving those portions and features of the 47 building and its site and environment that are significant to its 48 historic, architectural, and cultural values. 49
130HB483-HC0358/RYT HC0358 Page 3
(8) "Rehabilitation period" means one of the following: 50
(a) If the rehabilitation initially was not planned to be 51 completed in stages, a period chosen by the owner or qualified 52 lessee not to exceed twenty-four months during which 53 rehabilitation occurs; 54
(b) If the rehabilitation initially was planned to be 55 completed in stages, a period chosen by the owner or qualified 56 lessee not to exceed sixty months during which rehabilitation 57 occurs. Each stage shall be reviewed as a phase of a 58 rehabilitation as determined under 26 C.F.R. 1.48-12 or a 59 successor to that section. 60
(9) "State historic preservation officer" or "officer" means 61 the state historic preservation officer appointed by the governor 62 under 16 U.S.C. 470a. 63
(10) "Catalytic project" means the rehabilitation of an 64 historic building, the rehabilitation of which will foster 65 economic development within two thousand five hundred feet of the 66 historic building. 67
(B) The owner or qualified lessee of an historic building may 68 apply to the director of development services for a rehabilitation 69 tax credit certificate for qualified rehabilitation expenditures 70 paid or incurred by such owner or qualified lessee after April 4, 71 2007, for rehabilitation of an historic building. If the owner of 72 an historic building enters a pass-through agreement with a 73 qualified lessee for the purposes of the federal rehabilitation 74 tax credit under 26 U.S.C. 47, the qualified rehabilitation 75 expenditures paid or incurred by the owner after April 4, 2007, 76 may be attributed to the qualified lessee. 77
The form and manner of filing such applications shall be 78
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79 prescribed by rule of the director. Each application shall state 80 the amount of qualified rehabilitation expenditures the applicant 81 estimates will be paid or incurred. The director may require 82 applicants to furnish documentation of such estimates.
The director, after consultation with the tax commissioner 83 and in accordance with Chapter 119. of the Revised Code, shall 84 adopt rules that establish all of the following: 85
(1) Forms and procedures by which applicants may apply for 86 rehabilitation tax credit certificates; 87
(2) Criteria for reviewing, evaluating, and approving 88 applications for certificates within the limitations under 89 division (D) of this section, criteria for assuring that the 90 certificates issued encompass a mixture of high and low qualified 91 rehabilitation expenditures, and criteria for issuing certificates 92 under division (C)(3)(b) of this section; 93
(3) Eligibility requirements for obtaining a certificate 94 under this section; 95
(4) The form of rehabilitation tax credit certificates; 96
(5) Reporting requirements and monitoring procedures; 97
(6) Procedures and criteria for conducting cost-benefit 98 analyses of historic buildings that are the subjects of 99 applications filed under this section. The purpose of a 100 cost-benefit analysis shall be to determine whether rehabilitation 101 of the historic building will result in a net revenue gain in 102 state and local taxes once the building is used. 103
(7) Any other rules necessary to implement and administer 104 this section. 105
(C) The director of development services shall review the 106
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107 applications with the assistance of the state historic 108 preservation officer and determine whether all of the following 109 criteria are met:
(1) That the building that is the subject of the application 110 is an historic building and the applicant is the owner or 111 qualified lessee of the building; 112
(2) That the rehabilitation will satisfy standards prescribed 113 by the United States secretary of the interior under 16 U.S.C. 114 470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 115 that section; 116
(3) That receiving a rehabilitation tax credit certificate 117 under this section is a major factor in: 118
(a) The applicant's decision to rehabilitate the historic 119 building; or 120
(b) To increase the level of investment in such 121 rehabilitation. 122
An applicant shall demonstrate to the satisfaction of the 123 state historic preservation officer and director of development 124 services that the rehabilitation will satisfy the standards 125 described in division (C)(2) of this section before the applicant 126 begins the physical rehabilitation of the historic building. 127
(D)(1) If the director of development services determines 128 that an application meets the criteria in divisions (C)(1), (2), 129 and (3) of this section, the director shall conduct a cost-benefit 130 analysis for the historic building that is the subject of the 131 application to determine whether rehabilitation of the historic 132 building will result in a net revenue gain in state and local 133 taxes once the building is used. The director shall consider the 134 results of the cost-benefit analysis in determining whether to 135
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136 approve the application. The director shall also consider the 137 potential economic impact and the regional distributive balance of 138 the credits throughout the state. The director may approve an 139 application only after completion of the cost-benefit analysis.
(2) A rehabilitation tax credit certificate shall not be 140 issued for an amount greater than the estimated amount furnished 141 by the applicant on the application for such certificate and 142 approved by the director. The director shall not approve more than 143 a total of sixty million dollars of rehabilitation tax credits per 144 fiscal year but the director may reallocate unused tax credits 145 from a prior fiscal year for new applicants and such reallocated 146 credits shall not apply toward the dollar limit of this division. 147
(3) For rehabilitations with a rehabilitation period not 148 exceeding twenty-four months as provided in division (A)(7)(8)(a) 149 of this section, a rehabilitation tax credit certificate shall not 150 be issued before the rehabilitation of the historic building is 151 completed. 152
(4) For rehabilitations with a rehabilitation period not 153 exceeding sixty months as provided in division (A)(7)(8)(b) of 154 this section, a rehabilitation tax credit certificate shall not be 155 issued before a stage of rehabilitation is completed. After all 156 stages of rehabilitation are completed, if the director cannot 157 determine that the criteria in division (C) of this section are 158 satisfied for all stages of rehabilitations, the director shall 159 certify this finding to the tax commissioner, and any 160 rehabilitation tax credits received by the applicant shall be 161 repaid by the applicant and may be collected by assessment as 162 unpaid tax by the commissioner. 163
(5) The director of development services shall require the 164 applicant to provide a third-party cost certification by a 165
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166 certified public accountant of the actual costs attributed to the 167 rehabilitation of the historic building when qualified 168 rehabilitation expenditures exceed two hundred thousand dollars.
If an applicant whose application is approved for receipt of 169 a rehabilitation tax credit certificate fails to provide to the 170 director sufficient evidence of reviewable progress, including a 171 viable financial plan, copies of final construction drawings, and 172 evidence that the applicant has obtained all historic approvals 173 within twelve months after the date the applicant received 174 notification of approval, and if the applicant fails to provide 175 evidence to the director that the applicant has secured and closed 176 on financing for the rehabilitation within eighteen months after 177 receiving notification of approval, the director may rescind the 178 approval of the application. The director shall notify the 179 applicant if the approval has been rescinded. Credits that would 180 have been available to an applicant whose approval was rescinded 181 shall be available for other qualified applicants. Nothing in this 182 division prohibits an applicant whose approval has been rescinded 183 from submitting a new application for a rehabilitation tax credit 184 certificate. 185
(6) The director of development services may approve the 186 application of, and issue a rehabilitation tax credit certificate 187 to, the owner of a catalytic project, provided the application 188 otherwise meets the criteria described in divisions (C) and (D) of 189 this section. The director may not issue more than one 190 rehabilitation tax credit certificate under division (D)(6) of 191 this section during each state fiscal biennium. The director shall 192 consider the following criteria in determining whether to issue a 193 certificate under division (D)(6) of this section: 194
(a) Whether the historic building is a catalytic project; 195
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(b) The effect issuance of the certificate would have on the 196 availability of credits for other applicants that qualify for a 197 credit certificate within the credit dollar limit described in 198 division (D)(2) of this section; 199
(c) The number of jobs, if any, the catalytic project will 200 create; 201
(d) The number of individuals, if any, who will reside in the 202 catalytic project upon its completion. 203
(E) Issuance of a certificate represents a finding by the 204 director of development services of the matters described in 205 divisions (C)(1), (2), and (3) of this section only; issuance of a 206 certificate does not represent a verification or certification by 207 the director of the amount of qualified rehabilitation 208 expenditures for which a tax credit may be claimed under section 209 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the 210 Revised Code. The amount of qualified rehabilitation expenditures 211 for which a tax credit may be claimed is subject to inspection and 212 examination by the tax commissioner or employees of the 213 commissioner under section 5703.19 of the Revised Code and any 214 other applicable law. Upon the issuance of a certificate, the 215 director shall certify to the tax commissioner, in the form and 216 manner requested by the tax commissioner, the name of the 217 applicant, the amount of qualified rehabilitation expenditures 218 shown on the certificate, and any other information required by 219 the rules adopted under this section. 220
(F)(1) On or before the first day of April each year, the 221 director of development services and tax commissioner jointly 222 shall submit to the president of the senate and the speaker of the 223 house of representatives a report on the tax credit program 224 established under this section and sections 5725.151, 5725.34, 225
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226 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The 227 report shall present an overview of the program and shall include 228 information on the number of rehabilitation tax credit 229 certificates issued under this section during the preceding fiscal 230 year, an update on the status of each historic building for which 231 an application was approved under this section, the dollar amount 232 of the tax credits granted under sections 5725.151, 5725.34, 233 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and 234 any other information the director and commissioner consider 235 relevant to the topics addressed in the report.
(2) On or before December 1, 2015, the director of 236 development services and tax commissioner jointly shall submit to 237 the president of the senate and the speaker of the house of 238 representatives a comprehensive report that includes the 239 information required by division (F)(1) of this section and a 240 detailed analysis of the effectiveness of issuing tax credits for 241 rehabilitating historic buildings. The report shall be prepared 242 with the assistance of an economic research organization jointly 243 chosen by the director and commissioner. 244
(G) There is hereby created in the state treasury the 245 historic rehabilitation tax credit operating fund. The director of 246 development services is authorized to charge reasonable 247 application and other fees in connection with the administration 248 of tax credits authorized by this section and sections 5725.151, 249 5725.34, 5726.52, 5729.17, 5733.44 5733.47, and 5747.76 of the 250 Revised Code. Any such fees collected shall be credited to the 251 fund and used to pay reasonable costs incurred by the department 252 of development services in administering this section and sections 253 5725.151, 5725.34, 5726.52, 5729.17, 5733.44 5733.47, and 5747.76 254 of the Revised Code. 255
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The Ohio historic preservation office is authorized to charge 256 reasonable fees in connection with its review and approval of 257 applications under this section. Any such fees collected shall be 258 credited to the fund and used to pay administrative costs incurred 259 by the Ohio historic preservation office pursuant to this section. 260
(H) Notwithstanding sections 5725.151, 5725.34, 5726.52, 261 5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate 262 owner of a tax credit certificate issued under division (D)(6) of 263 this section may claim a tax credit equal to twenty-five per cent 264 of the dollar amount indicated on the certificate for a total 265 credit of not more than twenty-five million dollars. The credit 266 claimed by such a certificate owner for any calendar year, tax 267 year, or taxable year under section 5725.151, 5725.34, 5726.52, 268 5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed 269 five million dollars. If the certificate owner is eligible for 270 more than five million dollars in total credits, the certificate 271 owner may carry forward the balance of the credit in excess of the 272 amount claimed for that year for not more than five ensuing 273 calendar years, tax years, or taxable years. If the credit claimed 274 in any calendar year, tax year, or taxable year exceeds the tax 275 otherwise due, the excess shall be refunded to the taxpayer." 276
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In line 18357, after "126.25," insert "149.311," 277
Between lines 21168 and 21169, insert: 278
"Section 757.____. Notwithstanding division (D)(6) of section 279 149.311 of the Revised Code, the Director of Development Services 280 may issue a rehabilitation tax credit certificate under that 281 division during the biennium that includes fiscal years 2014 and 282 2015 only to the owner of a catalytic project whose application is 283 pending with the Director before the effective date of this act, 284 provided the qualified rehabilitation expenditures paid or 285 incurred by the owner on the catalytic project exceed seventy-five 286 million dollars. Such certificate may be issued for a tax credit 287 award cycle that ended before the effective date of this act, 288 provided that such tax credit award cycle ended during the 289 biennium that includes fiscal years 2014 and 2015. All terms used 290 in this section have the same meanings as in section 149.311 of 291 the Revised Code." 292
In line 3 of the title, after "126.25," insert "149.311," 293
The motion was ______agreed to.
SYNOPSIS
Historic rehabilitation tax credit for "catalytic" projects 294
R.C. 149.311; Section 757.____ 295
Allows the Development Services Agency to issue one historic 296 building rehabilitation tax credit certificate per fiscal biennium 297 to the owner of a "catalytic project." A catalytic project is a 298 rehabilitation project that will foster economic development 299 within 2,500 feet of the historic building. The amount of the 300
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301 certificate may equal up to $25 million, instead of the current 302 law cap of $5 million. However, the owner of the catalytic project 303 may claim only $5 million of the total certificate amount per 304 year, thereby requiring an owner awarded a certificate of more 305 than $5 million to claim the credit over multiple years. The 306 credit for "catalytic" projects counts against the annual $60 307 million limit on historic rehabilitation tax credits.
130HB483-HC0358/RYT HC0359X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 66, after "5513.01," insert "5531.10," 1
Between lines 18264 and 18265, insert: 2
"Sec. 5531.10. (A) As used in this chapter: 3
(1) "Bond proceedings" means the resolution, order, trust 4 agreement, indenture, lease, lease-purchase agreements, and other 5 agreements, amendments and supplements to the foregoing, or any 6 one or more or combination thereof, authorizing or providing for 7 the terms and conditions applicable to, or providing for the 8 security or liquidity of, obligations issued pursuant to this 9 section, and the provisions contained in such obligations. 10
(2) "Bond service charges" means principal, including 11 mandatory sinking fund requirements for retirement of obligations, 12 and interest, and redemption premium, if any, required to be paid 13 by the state on obligations. 14
(3) "Bond service fund" means the applicable fund and 15 accounts therein created for and pledged to the payment of bond 16 service charges, which may be, or may be part of, the state 17 infrastructure bank revenue bond service fund created by division 18 (R) of this section including all moneys and investments, and 19 earnings from investments, credited and to be credited thereto. 20
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(4) "Issuing authority" means the treasurer of state, or the 21 officer who by law performs the functions of the treasurer of 22 state. 23
(5) "Obligations" means bonds, notes, or other evidence of 24 obligation including interest coupons pertaining thereto, issued 25 pursuant to this section. 26
(6) "Pledged receipts" means moneys accruing to the state 27 from the lease, lease-purchase, sale, or other disposition, or 28 use, of qualified projects, and from the repayment, including 29 interest, of loans made from proceeds received from the sale of 30 obligations; accrued interest received from the sale of 31 obligations; income from the investment of the special funds; any 32 gifts, grants, donations, and pledges, and receipts therefrom, 33 available for the payment of bond service charges; and any amounts 34 in the state infrastructure bank pledged to the payment of such 35 charges. If the amounts in the state infrastructure bank are 36 insufficient for the payment of such charges, "pledged receipts" 37 also means moneys that are apportioned by the United States 38 secretary of transportation under United States Code, Title XXIII, 39 as amended, or any successor legislation, or under any other 40 federal law relating to aid for highways, and that are to be 41 received as a grant by the state, to the extent the state is not 42 prohibited by state or federal law from using such moneys and the 43 moneys are pledged to the payment of such bond service charges. 44
(7) "Special funds" or "funds" means, except where the 45 context does not permit, the bond service fund, and any other 46 funds, including reserve funds, created under the bond 47 proceedings, and the state infrastructure bank revenue bond 48 service fund created by division (R) of this section to the extent 49 provided in the bond proceedings, including all moneys and 50
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51 investments, and earnings from investment, credited and to be 52 credited thereto.
(8) "State infrastructure project" means any public 53 transportation project undertaken by the state, including, but not 54 limited to, all components of any such project, as described in 55 division (D) of section 5531.09 of the Revised Code. 56
(9) "District obligations" means bonds, notes, or other 57 evidence of obligation including interest coupons pertaining 58 thereto, issued to finance a qualified project by a transportation 59 improvement district created pursuant to section 5540.02 of the 60 Revised Code, of which the principal, including mandatory sinking 61 fund requirements for retirement of such obligations, and interest 62 and redemption premium, if any, are payable by the department of 63 transportation. 64
(B) The issuing authority, after giving written notice to the 65 director of budget and management and upon the certification by 66 the director of transportation to the issuing authority of the 67 amount of moneys or additional moneys needed either for state 68 infrastructure projects or to provide financial assistance for any 69 of the purposes for which the state infrastructure bank may be 70 used under section 5531.09 of the Revised Code, or needed for 71 capitalized interest, funding reserves, and paying costs and 72 expenses incurred in connection with the issuance, carrying, 73 securing, paying, redeeming, or retirement of the obligations or 74 any obligations refunded thereby, including payment of costs and 75 expenses relating to letters of credit, lines of credit, 76 insurance, put agreements, standby purchase agreements, indexing, 77 marketing, remarketing and administrative arrangements, interest 78 swap or hedging agreements, and any other credit enhancement, 79 liquidity, remarketing, renewal, or refunding arrangements, all of 80
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81 which are authorized by this section, shall issue obligations of 82 the state under this section in the required amount. The proceeds 83 of such obligations, except for the portion to be deposited in 84 special funds, including reserve funds, as may be provided in the 85 bond proceedings, shall as provided in the bond proceedings be 86 credited to the infrastructure bank obligations fund of the state 87 infrastructure bank created by section 5531.09 of the Revised Code 88 and disbursed as provided in the bond proceedings for such 89 obligations. The issuing authority may appoint trustees, paying 90 agents, transfer agents, and authenticating agents, and may retain 91 the services of financial advisors, accounting experts, and 92 attorneys, and retain or contract for the services of marketing, 93 remarketing, indexing, and administrative agents, other 94 consultants, and independent contractors, including printing 95 services, as are necessary in the issuing authority's judgment to 96 carry out this section. The costs of such services are payable 97 from funds of the state infrastructure bank unless otherwise 98 provided in the bond proceedings.
(C) The holders or owners of such obligations shall have no 99 right to have moneys raised by taxation by the state of Ohio 100 obligated or pledged, and moneys so raised shall not be obligated 101 or pledged, for the payment of bond service charges. The right of 102 such holders and owners to the payment of bond service charges is 103 limited to all or that portion of the pledged receipts and those 104 special funds pledged thereto pursuant to the bond proceedings for 105 such obligations in accordance with this section, and each such 106 obligation shall bear on its face a statement to that effect. 107 Moneys received as repayment of loans made by the state 108 infrastructure bank pursuant to section 5531.09 of the Revised 109 Code shall not be considered moneys raised by taxation by the 110 state of Ohio regardless of the source of the moneys. 111
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(D) Obligations shall be authorized by order of the issuing 112 authority and the bond proceedings shall provide for the purpose 113 thereof and the principal amount or amounts, and shall provide for 114 or authorize the manner or agency for determining the principal 115 maturity or maturities, not exceeding twenty-five years from the 116 date of issuance or, with respect to obligations the debt service 117 on which is to be directly or indirectly provided for by payments 118 a private entity has contracted in the bond proceedings to make, 119 not exceeding forty-five years from the date of issuance, the 120 interest rate or rates or the maximum interest rate, the date of 121 the obligations and the dates of payment of interest thereon, 122 their denomination, and the establishment within or without the 123 state of a place or places of payment of bond service charges. 124 Sections 9.98 to 9.983 of the Revised Code are applicable to 125 obligations issued under this section. The purpose of such 126 obligations may be stated in the bond proceedings in terms 127 describing the general purpose or purposes to be served. The bond 128 proceedings also shall provide, subject to the provisions of any 129 other applicable bond proceedings, for the pledge of all, or such 130 part as the issuing authority may determine, of the pledged 131 receipts and the applicable special fund or funds to the payment 132 of bond service charges, which pledges may be made either prior or 133 subordinate to other expenses, claims, or payments, and may be 134 made to secure the obligations on a parity with obligations 135 theretofore or thereafter issued, if and to the extent provided in 136 the bond proceedings. The pledged receipts and special funds so 137 pledged and thereafter received by the state immediately are 138 subject to the lien of such pledge without any physical delivery 139 thereof or further act, and the lien of any such pledges is valid 140 and binding against all parties having claims of any kind against 141 the state or any governmental agency of the state, irrespective of 142
130HB483-HC0359X1/AT HC0359X1 Page 6 whether such parties have notice thereof, and shall create a 143 perfected security interest for all purposes of Chapter 1309. of 144 the Revised Code, without the necessity for separation or delivery 145 of funds or for the filing or recording of the bond proceedings by 146 which such pledge is created or any certificate, statement, or 147 other document with respect thereto; and the pledge of such 148 pledged receipts and special funds is effective and the money 149 therefrom and thereof may be applied to the purposes for which 150 pledged without necessity for any act of appropriation. Every 151 pledge, and every covenant and agreement made with respect 152 thereto, made in the bond proceedings may therein be extended to 153 the benefit of the owners and holders of obligations authorized by 154 this section, and to any trustee therefor, for the further 155 security of the payment of the bond service charges. 156
For purposes of this division, "private entity" has the same 157 meaning as in section 5501.70 of the Revised Code. 158
(E) The bond proceedings may contain additional provisions as 159 to: 160
(1) The redemption of obligations prior to maturity at the 161 option of the issuing authority at such price or prices and under 162 such terms and conditions as are provided in the bond proceedings; 163
(2) Other terms of the obligations; 164
(3) Limitations on the issuance of additional obligations; 165
(4) The terms of any trust agreement or indenture securing 166 the obligations or under which the same may be issued; 167
(5) The deposit, investment, and application of special 168 funds, and the safeguarding of moneys on hand or on deposit, 169 without regard to Chapter 131. or 135. of the Revised Code, but 170 subject to any special provisions of this section with respect to 171
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172 particular funds or moneys, provided that any bank or trust 173 company which acts as depository of any moneys in the special 174 funds may furnish such indemnifying bonds or may pledge such 175 securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being 176 binding upon such officer, board, commission, authority, agency, 177 department, or other person or body as may from time to time have 178 the authority under law to take such actions as may be necessary 179 to perform all or any part of the duty required by such provision; 180
(7) Any provision that may be made in a trust agreement or 181 indenture; 182
(8) Any other or additional agreements with the holders of 183 the obligations, or the trustee therefor, relating to the 184 obligations or the security therefor, including the assignment of 185 mortgages or other security relating to financial assistance for 186 qualified projects under section 5531.09 of the Revised Code. 187
(F) The obligations may have the great seal of the state or a 188 facsimile thereof affixed thereto or printed thereon. The 189 obligations and any coupons pertaining to obligations shall be 190 signed or bear the facsimile signature of the issuing authority. 191 Any obligations or coupons may be executed by the person who, on 192 the date of execution, is the proper issuing authority although on 193 the date of such bonds or coupons such person was not the issuing 194 authority. In case the issuing authority whose signature or a 195 facsimile of whose signature appears on any such obligation or 196 coupon ceases to be the issuing authority before delivery thereof, 197 such signature or facsimile nevertheless is valid and sufficient 198 for all purposes as if the former issuing authority had remained 199 the issuing authority until such delivery; and in case the seal to 200 be affixed to obligations has been changed after a facsimile of 201
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202 the seal has been imprinted on such obligations, such facsimile 203 seal shall continue to be sufficient as to such obligations and 204 obligations issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and securities 205 under Chapter 1308. of the Revised Code, subject to the provisions 206 of the bond proceedings as to registration. The obligations may be 207 issued in coupon or in registered form, or both, as the issuing 208 authority determines. Provision may be made for the registration 209 of any obligations with coupons attached thereto as to principal 210 alone or as to both principal and interest, their exchange for 211 obligations so registered, and for the conversion or reconversion 212 into obligations with coupons attached thereto of any obligations 213 registered as to both principal and interest, and for reasonable 214 charges for such registration, exchange, conversion, and 215 reconversion. 216
(H) Obligations may be sold at public sale or at private 217 sale, as determined in the bond proceedings. 218
(I) Pending preparation of definitive obligations, the 219 issuing authority may issue interim receipts or certificates which 220 shall be exchanged for such definitive obligations. 221
(J) In the discretion of the issuing authority, obligations 222 may be secured additionally by a trust agreement or indenture 223 between the issuing authority and a corporate trustee which may be 224 any trust company or bank having possessing trust powers that has 225 a place of business within the state. Any such agreement or 226 indenture may contain the order authorizing the issuance of the 227 obligations, any provisions that may be contained in any bond 228 proceedings, and other provisions which are customary or 229 appropriate in an agreement or indenture of such type, including, 230 but not limited to: 231
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(1) Maintenance of each pledge, trust agreement, indenture, 232 or other instrument comprising part of the bond proceedings until 233 the state has fully paid the bond service charges on the 234 obligations secured thereby, or provision therefor has been made; 235
(2) In the event of default in any payments required to be 236 made by the bond proceedings, or any other agreement of the 237 issuing authority made as a part of the contract under which the 238 obligations were issued, enforcement of such payments or agreement 239 by mandamus, the appointment of a receiver, suit in equity, action 240 at law, or any combination of the foregoing; 241
(3) The rights and remedies of the holders of obligations and 242 of the trustee, and provisions for protecting and enforcing them, 243 including limitations on the rights of individual holders of 244 obligations; 245
(4) The replacement of any obligations that become mutilated 246 or are destroyed, lost, or stolen; 247
(5) Such other provisions as the trustee and the issuing 248 authority agree upon, including limitations, conditions, or 249 qualifications relating to any of the foregoing. 250
(K) Any holder of obligations or a trustee under the bond 251 proceedings, except to the extent that the holder's or trustee's 252 rights are restricted by the bond proceedings, may by any suitable 253 form of legal proceedings, protect and enforce any rights under 254 the laws of this state or granted by such bond proceedings. Such 255 rights include the right to compel the performance of all duties 256 of the issuing authority and the director of transportation 257 required by the bond proceedings or sections 5531.09 and 5531.10 258 of the Revised Code; to enjoin unlawful activities; and in the 259 event of default with respect to the payment of any bond service 260 charges on any obligations or in the performance of any covenant 261
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262 or agreement on the part of the issuing authority or the director 263 of transportation in the bond proceedings, to apply to a court 264 having jurisdiction of the cause to appoint a receiver to receive 265 and administer the pledged receipts and special funds, other than 266 those in the custody of the treasurer of state, which are pledged 267 to the payment of the bond service charges on such obligations or 268 which are the subject of the covenant or agreement, with full 269 power to pay, and to provide for payment of bond service charges 270 on, such obligations, and with such powers, subject to the 271 direction of the court, as are accorded receivers in general 272 equity cases, excluding any power to pledge additional revenues or 273 receipts or other income or moneys of the state or local 274 governmental entities, or agencies thereof, to the payment of such 275 principal and interest and excluding the power to take possession 276 of, mortgage, or cause the sale or otherwise dispose of any 277 project facilities.
Each duty of the issuing authority and the issuing 278 authority's officers and employees, and of each state or local 279 governmental agency and its officers, members, or employees, 280 undertaken pursuant to the bond proceedings or any loan, loan 281 guarantee, lease, lease-purchase agreement, or other agreement 282 made under authority of section 5531.09 of the Revised Code, and 283 in every agreement by or with the issuing authority, is hereby 284 established as a duty of the issuing authority, and of each such 285 officer, member, or employee having authority to perform such 286 duty, specifically enjoined by the law resulting from an office, 287 trust, or station within the meaning of section 2731.01 of the 288 Revised Code. 289
The person who is at the time the issuing authority, or the 290 issuing authority's officers or employees, are not liable in their 291 personal capacities on any obligations issued by the issuing 292
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293 authority or any agreements of or with the issuing authority.
(L) The issuing authority may authorize and issue obligations 294 for the refunding, including funding and retirement, and advance 295 refunding with or without payment or redemption prior to maturity, 296 of any obligations previously issued by the issuing authority or 297 district obligations. Such refunding obligations may be issued in 298 amounts sufficient for payment of the principal amount of the 299 prior obligations or district obligations, any redemption premiums 300 thereon, principal maturities of any such obligations or district 301 obligations maturing prior to the redemption of the remaining 302 obligations or district obligations on a parity therewith, 303 interest accrued or to accrue to the maturity dates or dates of 304 redemption of such obligations or district obligations, and any 305 expenses incurred or to be incurred in connection with such 306 issuance and such refunding, funding, and retirement. Subject to 307 the bond proceedings therefor, the portion of proceeds of the sale 308 of refunding obligations issued under this division to be applied 309 to bond service charges on the prior obligations or district 310 obligations shall be credited to an appropriate account held by 311 the trustee for such prior or new obligations or to the 312 appropriate account in the bond service fund for such obligations 313 or district obligations. Obligations authorized under this 314 division shall be deemed to be issued for those purposes for which 315 such prior obligations or district obligations were issued and are 316 subject to the provisions of this section pertaining to other 317 obligations, except as otherwise provided in this section. The 318 last maturity of obligations authorized under this division shall 319 not be later than twenty-five years from the date of issuance the 320 last maturity of the original securities issued for the original 321 purpose. 322
(M) The authority to issue obligations under this section 323
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324 includes authority to issue obligations in the form of bond 325 anticipation notes and to renew the same from time to time by the 326 issuance of new notes. The holders of such notes or interest 327 coupons pertaining thereto shall have a right to be paid solely 328 from the pledged receipts and special funds that may be pledged to 329 the payment of the bonds anticipated, or from the proceeds of such 330 bonds or renewal notes, or both, as the issuing authority provides 331 in the order authorizing such notes. Such notes may be 332 additionally secured by covenants of the issuing authority to the 333 effect that the issuing authority and the state will do such or 334 all things necessary for the issuance of such bonds or renewal 335 notes in the appropriate amount, and apply the proceeds thereof to 336 the extent necessary, to make full payment of the principal of and 337 interest on such notes at the time or times contemplated, as 338 provided in such order. For such purpose, the issuing authority 339 may issue bonds or renewal notes in such principal amount and upon 340 such terms as may be necessary to provide funds to pay when 341 required the principal of and interest on such notes, 342 notwithstanding any limitations prescribed by or for purposes of 343 this section. Subject to this division, all provisions for and 344 references to obligations in this section are applicable to notes 345 authorized under this division.
The issuing authority in the bond proceedings authorizing the 346 issuance of bond anticipation notes shall set forth for such bonds 347 an estimated interest rate and a schedule of principal payments 348 for such bonds and the annual maturity dates thereof. 349
(N) Obligations issued under this section are lawful 350 investments for banks, societies for savings, savings and loan 351 associations, deposit guarantee associations, trust companies, 352 trustees, fiduciaries, insurance companies, including domestic for 353 life and domestic not for life, trustees or other officers having 354
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355 charge of sinking and bond retirement or other special funds of 356 political subdivisions and taxing districts of this state, the 357 commissioners of the sinking fund of the state, the administrator 358 of workers' compensation, the state teachers retirement system, 359 the public employees retirement system, the school employees 360 retirement system, and the Ohio police and fire pension fund, 361 notwithstanding any other provisions of the Revised Code or rules 362 adopted pursuant thereto by any agency of the state with respect 363 to investments by them, and are also acceptable as security for 364 the deposit of public moneys.
(O) Unless otherwise provided in any applicable bond 365 proceedings, moneys to the credit of or in the special funds 366 established by or pursuant to this section may be invested by or 367 on behalf of the issuing authority only in notes, bonds, or other 368 obligations of the United States, or of any agency or 369 instrumentality of the United States, obligations guaranteed as to 370 principal and interest by the United States, obligations of this 371 state or any political subdivision of this state, and certificates 372 of deposit of any national bank located in this state and any 373 bank, as defined in section 1101.01 of the Revised Code, subject 374 to inspection by the superintendent of financial institutions. If 375 the law or the instrument creating a trust pursuant to division 376 (J) of this section expressly permits investment in direct 377 obligations of the United States or an agency of the United 378 States, unless expressly prohibited by the instrument, such moneys 379 also may be invested in no-front-end-load money market mutual 380 funds consisting exclusively of obligations of the United States 381 or an agency of the United States and in repurchase agreements, 382 including those issued by the fiduciary itself, secured by 383 obligations of the United States or an agency of the United 384 States; and in collective investment funds as defined in division 385
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386 (A) of section 1111.01 of the Revised Code and consisting 387 exclusively of any such securities. The income from such 388 investments shall be credited to such funds as the issuing 389 authority determines, and such investments may be sold at such 390 times as the issuing authority determines or authorizes.
(P) Provision may be made in the applicable bond proceedings 391 for the establishment of separate accounts in the bond service 392 fund and for the application of such accounts only to the 393 specified bond service charges on obligations pertinent to such 394 accounts and bond service fund and for other accounts therein 395 within the general purposes of such fund. Unless otherwise 396 provided in any applicable bond proceedings, moneys to the credit 397 of or in the several special funds established pursuant to this 398 section shall be disbursed on the order of the treasurer of state, 399 provided that no such order is required for the payment from the 400 bond service fund when due of bond service charges on obligations. 401
(Q)(1) The issuing authority may pledge all, or such portion 402 as the issuing authority determines, of the pledged receipts to 403 the payment of bond service charges on obligations issued under 404 this section, and for the establishment and maintenance of any 405 reserves, as provided in the bond proceedings, and make other 406 provisions therein with respect to pledged receipts as authorized 407 by this chapter, which provisions are controlling notwithstanding 408 any other provisions of law pertaining thereto. 409
(2) An action taken under division (Q)(2) of this section 410 does not limit the generality of division (Q)(1) of this section, 411 and is subject to division (C) of this section and, if and to the 412 extent otherwise applicable, Section 13 of Article VIII, Ohio 413 Constitution. The bond proceedings may contain a covenant that, in 414 the event the pledged receipts primarily pledged and required to 415
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416 be used for the payment of bond service charges on obligations 417 issued under this section, and for the establishment and 418 maintenance of any reserves, as provided in the bond proceedings, 419 are insufficient to make any such payment in full when due, or to 420 maintain any such reserve, the director of transportation shall so 421 notify the governor, and shall determine to what extent, if any, 422 the payment may be made or moneys may be restored to the reserves 423 from lawfully available moneys previously appropriated for that 424 purpose to the department of transportation. The covenant also may 425 provide that if the payments are not made or the moneys are not 426 immediately and fully restored to the reserves from such moneys, 427 the director shall promptly submit to the governor and to the 428 director of budget and management a written request for either or 429 both of the following:
(a) That the next biennial budget submitted by the governor 430 to the general assembly include an amount to be appropriated from 431 lawfully available moneys to the department for the purpose of and 432 sufficient for the payment in full of bond service charges 433 previously due and for the full replenishment of the reserves; 434
(b) That the general assembly be requested to increase 435 appropriations from lawfully available moneys for the department 436 in the current biennium sufficient for the purpose of and for the 437 payment in full of bond service charges previously due and to come 438 due in the biennium and for the full replenishment of the 439 reserves. 440
The director of transportation shall include with such 441 requests a recommendation that the payment of the bond service 442 charges and the replenishment of the reserves be made in the 443 interest of maximizing the benefits of the state infrastructure 444 bank. Any such covenant shall not obligate or purport to obligate 445
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446 the state to pay the bond service charges on such bonds or notes 447 or to deposit moneys in a reserve established for such payments 448 other than from moneys that may be lawfully available and 449 appropriated for that purpose during the then-current biennium.
(R) There is hereby created the state infrastructure bank 450 revenue bond service fund, which shall be in the custody of the 451 treasurer of state but shall not be a part of the state treasury. 452 All moneys received by or on account of the issuing authority or 453 state agencies and required by the applicable bond proceedings, 454 consistent with this section, to be deposited, transferred, or 455 credited to the bond service fund, and all other moneys 456 transferred or allocated to or received for the purposes of the 457 fund, shall be deposited and credited to such fund and to any 458 separate accounts therein, subject to applicable provisions of the 459 bond proceedings, but without necessity for any act of 460 appropriation. The state infrastructure bank revenue bond service 461 fund is a trust fund and is hereby pledged to the payment of bond 462 service charges to the extent provided in the applicable bond 463 proceedings, and payment thereof from such fund shall be made or 464 provided for by the treasurer of state in accordance with such 465 bond proceedings without necessity for any act of appropriation. 466
(S) The obligations issued pursuant to this section, the 467 transfer thereof, and the income therefrom, including any profit 468 made on the sale thereof, shall at all times be free from taxation 469 within this state." 470
In line 18376, after "5513.01," insert "5531.10," 471
In line 29 of the title, after "5513.01," insert "5531.10," 472
The motion was ______agreed to.
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SYNOPSIS
State infrastructure bank obligations 473
R.C. 5531.10 474
Permits state obligations issued to fund public or private 475 transportation projects to have a maximum maturity date of up to 476 45 years, if the debt service is contracted in the bond 477 proceedings to be paid by a private entity, as such entity is 478 defined in the Public-Private Initiative Law (R.C. 5501.70 to 479 5501.83). 480
Permits the costs of professional services, such as services 481 provided by attorneys, trustees, and other agents, determined 482 necessary to issue the obligations, to be payable as otherwise 483 provided in the bond proceedings rather than being payable from 484 funds of the State Infrastructure Bank as current law provides. 485
Permits the obligations to be secured by a trust agreement or 486 indenture with any trust company or bank "possessing trust powers" 487 and that has a place of business in Ohio (current law doesn't 488 include the trust powers requirement). 489
130HB483-HC0359X1/AT HC0362 H.B. 483 As Introduced
______moved to amend as follows:
In line 67, after "sections" insert "5.077," 1
Between lines 70 and 71, insert: 2
"Sec. 5.077. The museum located on the grounds of the Ohio 3 state reformatory, operated by the Mansfield reformatory 4 preservation society, is the official state penal museum." 5
In line 30 of the title, after "sections" insert "5.077," 6
The motion was ______agreed to.
SYNOPSIS
State Penal Museum 7
R.C. 5.077 8
Designates the museum located on the grounds of the Ohio 9 State Reformatory, operated by the Mansfield Reformatory 10 Preservation Society, as the official State Penal Museum. 11
130HB483-HC0362/RYT HC0363X4 H.B. 483 As Introduced
______moved to amend as follows:
In line 18522, after "263.10," insert "263.160," 1
Between lines 19261a and 19262, insert: 2
"GRF 200457 STEM Initiatives $0 $200,000" 3
In line 19273a, delete "8,387,357,295" and insert 4 "8,387,557,295" 5
In line 19347a, delete "12,016,018,929" and insert 6 "12,016,218,929" 7
Between lines 19347a and 19349, insert: 8
"Sec. 263.160. STEM INITIATIVES 9
The foregoing appropriation item 200457, STEM Initiatives, 10 shall be used for building and equipment costs associated with the 11 Lake County Incubator Project located on or near Lakeland 12 Community College. The purpose of this project is to improve the 13 workforce of Lake County and foster an environment of 14 entrepreneurial business creation by, among other initiatives, 15 offering programs that enhance the number of high school students 16 that eventually enroll in and complete certificate programs in 17 science, technology, engineering, and mathematics (STEM) fields 18 and by offering additional dual enrollment opportunities. The 19 building housing the project shall accommodate advanced STEM and 20
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21 computer coding programs, a fabrication laboratory, and medical 22 sciences education facilities. Educational programs hosted at the 23 building shall be delivered through a partnership between the Lake 24 County Educational Service Center, the Auburn Career Center, and 25 Lakeland Community College.
TECHNOLOGY INTEGRATION AND PROFESSIONAL DEVELOPMENT 26
The foregoing appropriation item 200465, Technology 27 Integration and Professional Development, shall be used by the 28 Department of Education to provide grants to educational 29 television stations working with partner education technology 30 centers to provide Ohio public schools with instructional 31 resources and services, with priority given to resources and 32 services aligned with state academic content standards. Such 33 resources and services shall be based upon the advice and approval 34 of the Department, based on a formula used by the former eTech 35 Ohio Commission unless and until a substitute formula is developed 36 in consultation with Ohio's educational television stations and 37 educational technology centers." 38
In line 21063, after "263.10," insert "263.160," 39
In line 36 of the title, after "263.10," insert "263.160," 40
The motion was ______agreed to.
SYNOPSIS
Department of Education 41
Sections 610.20 and 610.21, amends Sections 263.10 and 42 263.160 of H.B. 59 43
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Establishes GRF appropriation item 200457, STEM Initiatives, 44 with an appropriation of $200,000 in FY 2015. Requires this 45 appropriation item to be used for building and equipment costs 46 associated with the Lake County Incubator Project. Requires the 47 building housing the project to accommodate advanced STEM and 48 computer coding programs, a fabrication laboratory, and medical 49 sciences education facilities. Requires educational programs 50 hosted at the building to be delivered through a partnership 51 between the Lake County Educational Service Center, the Auburn 52 Career Center, and Lakeland Community College. 53
Specifies that the purpose of the project is to improve the 54 workforce of Lake County and foster an environment of 55 entrepreneurial business creation by, among other initiatives, 56 offering programs that enhance the number of high school students 57 that eventually enroll in and complete certificate programs in 58 STEM fields and by offering additional dual enrollment 59 opportunities. 60
130HB483-HC0363X4/JF HC0366 H.B. 483 As Introduced
______moved to amend as follows:
In line 49, after "191.01," insert "306.04, 307.982," 1
In line 67, after "164.261," insert "306.14, 307.863," 2
Between lines 2803 and 2804, insert: 3
"Sec. 306.04. (A) Except as otherwise provided in division 4 (B) of this section, employees of a county transit board or a 5 board of county commissioners operating a transit system are 6 employees of the county. If the system is operated by the board of 7 county commissioners, the board shall appoint an executive 8 director, who shall be in the unclassified service. 9
(B) Any county transit board that established its own civil 10 service organization and procedure prior to October 25, 1995, 11 shall continue to operate under that organization. Appointments 12 and promotions in that system shall be made, as far as 13 practicable, by competitive examination. 14
A board that established its own civil service organization 15 prior to October 25, 1995, shall establish by rule the seniority 16 provisions relating to street railway and motor bus employees in 17 effect at the time of the acquisition of the transit system by the 18 county. The vacation, holiday, and sick leave privileges shall not 19 be regulated by other provisions of law relating to public 20
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21 employees of the state or county, except that the transit board, 22 its officers and employees, shall be subject to the public 23 employees retirement system of the state and the transit board 24 shall assume any pension obligations which have been assumed by 25 any publicly owned transit system which the county may acquire.
(C) A county transit board or board of county commissioners 26 operating a transit system may: 27
(1) Acquire in its name by gift, grant, purchase, or 28 condemnation and hold and operate real estate and interests 29 therein and personal property suitable for its purposes; 30
(2) In its name purchase, acquire, construct, enlarge, 31 improve, equip, repair, maintain, sell, exchange, lease as lessee 32 or lessor, receive a right of use of, and manage, control, and 33 operate, in or out of the county, a county transit system 34 consisting of all real estate and interests therein, personal 35 property, and a combination thereof, for or related to the 36 movement of persons including but not limited to street railway, 37 tramline, subways, rapid transits, monorails, and passenger bus 38 systems but excluding therefrom trucks, the movement of property 39 by truck, and facilities designed for use in the movement of 40 property by truck for hire; 41
(3) Issue, with the approval of the county commissioners when 42 the issuance is made by the transit board, revenue bonds of the 43 county as provided in division (B) of section 306.09 of the 44 Revised Code, to secure funds to accomplish its purposes. The 45 principal of and interest on such bonds, together with all other 46 payments required to be made by the trust agreement or indenture 47 securing such bonds, shall be paid solely from revenues or other 48 income accruing to the board from facilities of the county transit 49 system designated in said agreement or indenture. 50
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(4) Enter into contracts in the exercise of the rights, 51 powers, and duties conferred upon it, and execute all instruments 52 necessary in the conduct of its business; 53
(5) Fix, alter, and charge rates and other charges for the 54 use of its real estate and interests therein, personal property, 55 and combinations thereof; 56
(6) Employ such financial consultants, accountants, 57 appraisers, consulting engineers, architects, construction 58 experts, attorneys-at-law, managers and other supervisory 59 personnel, and other officers, employees, and agents as it 60 determines necessary to conduct its business, and fix their 61 compensation and duties; 62
(7) Pledge, hypothecate, or otherwise encumber its revenues 63 and other income as security for its obligations and enter into 64 trust agreements or indentures for the benefit of revenue 65 bondholders; 66
(8) Borrow money or accept or contract to accept advances, 67 loans, gifts, grants, devises, or bequests from and enter into 68 contracts or agreements with any federal, state, or other 69 governmental or private source and hold and apply advances, loans, 70 gifts, grants, devises, or bequests according to the terms thereof 71 including provisions which are required by such federal, state, or 72 other governmental or private source to protect the interest of 73 employees affected by such advances, loans, gifts, grants, 74 devises, or bequests. Such advances, loans, gifts, grants, or 75 devises may be subject to any reasonable reservation and any gift, 76 grant, or devise or real estate may be in fee simple or any lesser 77 estate. Any advances or loans received from any federal, state, or 78 other governmental or private source may be repaid in accordance 79 with the terms of such advance or loan. A loan accepted by a 80
130HB483-HC0366/JF HC0366 Page 4 county transit board shall not, in any way, obligate the general 81 fund of a county or a board of county commissioners. 82
(9) Conduct investigations and surveys into the needs of the 83 public within or without the county for transportation services to 84 provide for the movement of persons within, into, or from the area 85 serviced or to be serviced by the county transit system; 86
(10) Enter into lawful arrangements with the appropriate 87 federal or state department or agency, county, township, municipal 88 corporation, or other political subdivision or public agency for 89 the planning and installation of any public facilities which are 90 determined necessary in the conduct of its business; 91
(11) Purchase fire, extended coverage, and liability 92 insurance for the real estate and interests therein, personal 93 property and any combination thereof, used by or in connection 94 with the county transit system and insurance covering the board 95 and the county transit system and its officers and employees for 96 liability for damage or injury to persons or property; 97
(12) Procure and pay all or any part of the cost of group 98 hospitalization, surgical, major medical, or sickness and accident 99 insurance, or a combination thereof, for the officers and 100 employees of the county transit system and their immediate 101 dependents, issued by an insurance company, duly authorized to do 102 business in this state; 103
(13) Sell, lease, release, or otherwise dispose of real 104 estate or interests therein or personal property owned by it and 105 grant such easements across its real estate and interests therein 106 as will not interfere with its use by the county transit system; 107
(14) Establish rules for the use and operation of the county 108 transit system including the real estate or interests therein, 109 personal property or a combination of the foregoing used by or in 110
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111 connection with such system;
(15) Exercise the power of eminent domain to appropriate any 112 real estate or interests therein, personal property, franchises, 113 or any combination thereof, within or without the county, 114 necessary or proper in the exercise of its powers provided in 115 sections 306.01 to 306.13 of the Revised Code, as provided in 116 sections 163.01 to 163.22 of the Revised Code, and subject to 117 divisions (15)(a), (b), and (c) of this section, provided that a 118 county transit board or a board of county commissioners operating 119 a transit system shall not proceed to so appropriate real property 120 outside its territorial boundaries, until it has served at the 121 office of the county commissioners of the county in which it is 122 proposed to appropriate real property, a notice describing the 123 real property to be taken and the purpose for which it is proposed 124 to be taken, and such county commissioners have entered on their 125 journal within thirty days after such service a resolution 126 approving such appropriation;. 127
(a) Nothing contained in this division authorizes a county 128 transit board or a board of county commissioners to appropriate 129 any land, rights, rights-of-way, franchises, or easements 130 belonging to the state or to a municipal corporation without the 131 consent of the state or of the municipal corporation, and no 132 county transit board or board of county commissioners shall 133 exercise the right of eminent domain to acquire any certificate of 134 public convenience and necessity, or any part thereof, issued to a 135 for-hire motor carrier by the public utilities commission of Ohio 136 or by the federal motor carrier safety administration of the 137 United States, or to take or disturb other real estate or 138 interests therein, personal property, or any combination thereof 139 belonging to any municipal corporation without the consent of the 140 legislative authority of such municipal corporation, or take or 141
130HB483-HC0366/JF HC0366 Page 6
142 disturb real estate or interests therein, personal property, or 143 any combination thereof belonging to any other political 144 subdivision, public corporation, public utility, or common 145 carrier, which is necessary and convenient in the operation of 146 such political subdivision, public corporation, public utility, or 147 common carrier unless provision is made for the restoration, 148 relocation, or duplication of that taken or upon the election of 149 such political subdivision, public corporation, public utility, or 150 common carrier for the payment of compensation, if any, at the 151 sole cost of the county transit system.
(b) If any restoration or duplication proposed to be made 152 under this division involves a relocation, the new location shall 153 have at least comparable utilitarian value and effectiveness, and 154 such relocation shall not impair the ability of the public utility 155 or common carrier to compete in its original area of operation. 156
(c) If such restoration or duplication proposed to be made 157 under this division involves a relocation, the county transit 158 board or board of county commissioners shall acquire no interest 159 or right in or to the appropriated property or facility until the 160 relocated property or facility is available for use and until 161 marketable title thereto has been transferred to the political 162 subdivision, public corporation, public utility, or common 163 carrier. Nothing in this division shall require any board of 164 county commissioners or county transit board operating a county 165 transit system to so restore, relocate, or duplicate, if all of 166 the real estate and interests therein, personal property, and any 167 combination of the foregoing which is owned by a public utility or 168 common carrier and used by it or in connection with the movement 169 of persons, is acquired by exercise of the power of eminent 170 domain. 171
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(16) When real property is acquired that is located outside 172 the county and is removed from the tax duplicate, the county 173 transit board or board of county commissioners operating a transit 174 system shall pay annually to the county treasurer of the county in 175 which that property is located, commencing with the first tax year 176 in which that property is removed from the tax duplicate, an 177 amount of money in lieu of taxes equal to the smaller of the 178 following: 179
(a) The last annual installment of taxes due from the 180 acquired property before removal from the tax duplicate; 181
(b) An amount equal to the difference between the combined 182 revenue from real estate taxes of all the taxing districts in 183 which the property is located in the tax year immediately prior to 184 the removal of the acquired property from the tax duplicate, and 185 either: 186
(i) The total revenue which would be produced by the tax rate 187 of each such taxing district in the tax year immediately prior to 188 the removal of the acquired property from the tax duplicate, 189 applied to the real estate tax duplicate of each of such taxing 190 districts in each tax year subsequent to the year of removal; or 191
(ii) The combined revenue from real estate taxes of all such 192 taxing districts in each tax year subsequent to the year of 193 removal, whichever is the greater. 194
The county transit board or board of county commissioners may 195 be exempted from such payment by agreement of the affected taxing 196 district or districts in the county in which the property is 197 located. 198
The county auditor of the county in which that property is 199 located shall apportion each such annual payment to each taxing 200
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201 district as if the annual payment had been levied and collected as 202 a tax.
Those annual payments shall never again be made after they 203 have ceased. 204
(17) Sue or be sued, plead or be impleaded, and be held 205 liable in any court of proper jurisdiction for damages received by 206 reason of negligence, in the same manner and to the same extent as 207 if the county transit system were privately operated, provided, 208 that no funds of a county other than those of the county transit 209 board or, if the transit system is operated by the board of county 210 commissioners, other than those in the account for the county 211 transit system created under division (C) of section 306.01 of the 212 Revised Code, shall be available for the satisfaction of judgments 213 rendered against that system; 214
(18) Annually prepare and make available for public 215 inspection a report in condensed form showing the financial 216 results of the operation of the county transit system. For systems 217 operated by a county transit board, copies of this report shall be 218 furnished to the county commissioners as well as a monthly summary 219 statement of revenues and expenses for the preceding month 220 sufficient to show the exact financial condition of the county 221 transit system as of the last day of the preceding month. 222
(19) With the approval of the county commissioners when the 223 action is taken by the transit board, and without competitive 224 bidding, sell, lease, or grant the right of use of all or a 225 portion of the county transit system to any other political 226 subdivision, taxing district, or other public body or agency 227 having the power to operate a transit system; 228
(20) Enter into and supervise franchise agreements for the 229 operation of a county transit system; 230
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(21) Accept the assignment of and then supervise an existing 231 franchise agreement for the operation of a county transit system. 232
(D)(1) As used in this division: 233
(a) "Applicant" means any person who responds to a request 234 for proposals and submits an application for a franchise to 235 operate a public transit system or portion of a public transit 236 system; 237
(b) "Application for certification" means the documents that 238 are required to be filed by a franchisee to initiate the 239 proceedings required for certification; 240
(c) "Application for a franchise" means the documents that 241 are required to be filed in response to a request for proposals 242 and that initiate the proceedings required for the award of a 243 franchise; 244
(d) "Certification" means the order issued by a board of 245 county commissioners, after submission of an application for 246 certification, that approves the operation of a public transit 247 system, or a portion of a public transit system, by a franchisee, 248 subject to terms and conditions imposed by the board. 249
(e) "Franchise" means the document and all accompanying 250 rights approved by the board of county commissioners that provides 251 the franchisee with the exclusive right to establish a public 252 transit system and, subject to certification, the right to operate 253 a public transit system. A franchise may include the right of a 254 franchisee to provide transportation services for a county 255 department of job and family services. 256
(f) "Franchisee" means the individual, corporation, or other 257 entity awarded a franchise. 258
(2) A board of county commissioners, on behalf of a county 259
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260 transit board, may award a franchise to an applicant subject to 261 such terms and conditions as the board of county commissioners 262 considers appropriate and consistent with applicable laws. 263 Subsequent to awarding the franchise, the board of county 264 commissioners may issue a certification and, until such issuance, 265 the franchisee has no right to operate a public transit system or 266 part of such a system. The board of county commissioners shall not 267 delete, alter, or amend the terms and conditions of the 268 certification after its issuance. The board shall include in the 269 certification performance targets related to the operation of a 270 public transit system by the franchisee, including cost savings to 271 the county, gains in efficiency, the safety and security of the 272 traveling public and franchise employees, service to the traveling 273 public, return on any investments made by the county, and any 274 other performance targets as determined by the board. All terms 275 and conditions of the order of certification are terms and 276 conditions of the franchise. Unless expressly exempted or granted 277 a waiver in the certification, the franchisee shall comply with 278 all applicable rules, regulations, orders, and ordinances.
(3) The award of a franchise by a board of county 279 commissioners to an applicant is the sole license and authority 280 for the franchisee to establish a public transit system and, 281 subject to certification, operate a public transit system. 282
(4) A board of county commissioners shall award a franchise 283 for a period of not less than ten years, as provided in the 284 franchise. 285
(5) A franchise shall not prohibit the franchisee from 286 implementing new or improved services during the term of the 287 franchise. 288
(6) A franchisee shall coordinate its services, as specified 289
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290 in the franchise, with public transit providers to make effective 291 transportation services available to the public and provide access 292 to and from the public transit system.
(7) A board of county commissioners shall provide terms and 293 conditions in a franchise to ensure that the franchisee will 294 continue operation of the public transit system for the duration 295 of the term of the franchise or, if the franchise is revoked, 296 suspended, or abandoned, that financial and other necessary 297 resources are available to continue the operation of the system 298 until another franchisee is selected or until the board of county 299 commissioners determines to cease the transit operations governed 300 by the franchise. The franchise shall specifically provide that 301 the board shall have the right to terminate the franchise if the 302 board determines that the franchisee has materially breached the 303 franchise in any manner. The franchisee may appeal such a 304 termination to the board, and, if the board upholds the 305 termination, to the proper court of common pleas. 306
Sec. 306.14. (A) If a board of county commissioners awards a 307 franchise to a franchisee on behalf of a county transit board, the 308 county transit board shall submit an annual written report to the 309 board of county commissioners not later than a date designated by 310 the board of county commissioners and in a form prescribed by that 311 board. The board of county commissioners shall make the report 312 available on the general web site of the county. The county 313 transit board shall include in the report a description in detail 314 of the effects the franchise agreement had during the prior year 315 on all of the following as they relate to the operation of a 316 public transit system by the franchisee in that county: 317
(1) Cost savings to the county; 318
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(2) Efficiency; 319
(3) Safety and security of the traveling public and franchise 320 employees; 321
(4) Service to the traveling public; 322
(5) Return on investment by the county; 323
(6) Any other aspects the board of county commissioners 324 determines should be included in the report. 325
(B) A franchisee that is awarded a franchise by a board of 326 county commissioners on behalf of a county transit board shall 327 submit an annual written report to the board of county 328 commissioners or county transit board not later than a date 329 designated by the board of county commissioners and in a form 330 prescribed by that board. The board of county commissioners also 331 shall direct the franchisee to submit the report to the board of 332 county commissioners, the county transit board, or both. The board 333 of county commissioners shall establish the issues to be addressed 334 in the report with respect to the public transit system that the 335 franchisee operated during the prior year. The board of county 336 commissioners shall make the report available on the general web 337 site of the county. 338
(C) A board of county commissioners that awards a franchise 339 to a franchisee on behalf of a county transit board shall conduct 340 an annual review of the performance of the franchisee. The board 341 of county commissioners shall include in the review a 342 determination of the number of performance targets the franchisee 343 met during the prior year and an evaluation of the franchisee's 344 compliance with the other terms and conditions of the franchise, 345 including any breaches of the franchise by the franchisee. The 346 board shall issue a written report, and shall make the report 347
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348 available on the general web site of the county.
Sec. 307.863. (A) Notwithstanding section 307.86 of the 349 Revised Code, a board of county commissioners that awards a 350 franchise to a franchisee on behalf of a county transit board 351 pursuant to section 306.04 of the Revised Code to operate a public 352 transit system shall award the franchise through competitive 353 bidding as prescribed in this section. The board shall solicit 354 bids that are not sealed, and shall ensure that all bids the board 355 receives are open for public inspection. The board shall consider 356 all bids that are timely received. 357
(B) The fact that a bid proposes to be the most beneficial to 358 the county monetarily in and of itself does not confer best bid 359 status on that bid. 360
(C) In awarding a franchise to a bidder to operate a public 361 transit system, the board may consider all of the following: 362
(1) The proposed monetary benefit to the county; 363
(2) The bidder's ownership of, or access to, transportation 364 facilities or transportation equipment such as vehicles, automated 365 transit systems, or any other applicable equipment; 366
(3) The bidder's experience in operating public transit 367 systems; 368
(4) If the bidder has experience in operating public transit 369 systems, the record of the bidder in relation to all aspects of 370 operating a public transit system, including cost savings to a 371 political subdivision, gains in efficiency, the safety and 372 security of the traveling public and employees, service to the 373 traveling public, return on any investments made by a political 374 subdivision, and any other aspects the board includes for 375
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376 consideration.
Sec. 307.982. (A) To the extent permitted by federal law, 377 including subpart F of 5 C.F.R. part 900, and subject to any 378 limitations established by the Revised Code, including division 379 (B) of this section, a board of county commissioners may enter 380 into a written contract with a private or government entity, 381 including a public or private college or university, for the 382 entity to perform a family services duty or workforce development 383 activity on behalf of a county family services agency or workforce 384 development agency. The entity with which a board contracts is not 385 required to be located in the county the board serves. 386
A family services duty or workforce development activity 387 includes transportation services provided by a county transit 388 board. A board of county commissioners may delegate to a county 389 transit board the authority to solicit bids and award and execute 390 contracts for such transportation services on behalf of the board 391 of county commissioners. 392
(B) A board of county commissioners may not enter into a 393 contract under division (A) of this section regarding a family 394 services duty of a public children services agency if a county 395 children services board appointed under section 5153.03 of the 396 Revised Code serves as the public children services agency for the 397 county. The county children services board may enter into 398 contracts regarding its duties in accordance with division (C)(2) 399 of section 5153.16 of the Revised Code." 400
In line 18358, after "191.01," insert "306.04, 307.982," 401
In line 4 of the title, after "191.01," insert "306.04, 402 307.982," 403
In line 30 of the title, after "164.261," insert "306.14, 404
130HB483-HC0366/JF HC0366 Page 15
405 307.863,"
The motion was ______agreed to.
SYNOPSIS
County transit services 406
R.C. 306.04, 306.14, 307.863, and 307.982 407
Permits a board of county commissioners, on behalf of a 408 county transit board, to award a franchise for the operation of a 409 public transit system, including the provision of transportation 410 services for a county department of job and family services. 411
Requires the awarding of such a franchise to be made in 412 accordance with a prescribed competitive bidding procedure. 413
130HB483-HC0366/JF HC0372 H.B. 483 As Introduced
______moved to amend as follows:
In line 54, after "3702.526," insert "3702.59," 1
In line 67, after "3317.162," insert "3702.595," 2
Between lines 7759 and 7760, insert: 3
"Sec. 3702.59. (A) The director of health shall accept for 4 review certificate of need applications as provided in sections 5 3702.592, 3702.593, and 3702.594, and 3702.595 of the Revised 6 Code. 7
(B)(1) The director shall not approve an application for a 8 certificate of need for the addition of long-term care beds to an 9 existing long-term care facility or for the development of a new 10 long-term care facility if any of the following apply: 11
(a) The existing long-term care facility in which the beds 12 are being placed has one or more waivers for life safety code 13 deficiencies, one or more state fire code violations, or one or 14 more state building code violations, and the project identified in 15 the application does not propose to correct all life safety code 16 deficiencies for which a waiver has been granted, all state fire 17 code violations, and all state building code violations at the 18 existing long-term care facility in which the beds are being 19 placed; 20
130HB483-HC0372/RYT HC0372 Page 2
(b) During the sixty-month period preceding the filing of the 21 application, a notice of proposed license revocation was issued 22 under section 3721.03 of the Revised Code for the existing 23 long-term care facility in which the beds are being placed or a 24 nursing home owned or operated by the applicant or a principal 25 participant. 26
(c) During the period that precedes the filing of the 27 application and is encompassed by the three most recent standard 28 surveys of the existing long-term care facility in which the beds 29 are being placed, any of the following occurred: 30
(i) The facility was cited on three or more separate 31 occasions for final, nonappealable actual harm but not immediate 32 jeopardy deficiencies. 33
(ii) The facility was cited on two or more separate occasions 34 for final, nonappealable immediate jeopardy deficiencies. 35
(iii) The facility was cited on two separate occasions for 36 final, nonappealable actual harm but not immediate jeopardy 37 deficiencies and on one occasion for a final, nonappealable 38 immediate jeopardy deficiency. 39
(d) More than two nursing homes owned or operated in this 40 state by the applicant or a principal participant or, if the 41 applicant or a principal participant owns or operates more than 42 twenty nursing homes in this state, more than ten per cent of 43 those nursing homes, were each cited during the period that 44 precedes the filing of the application for the certificate of need 45 and is encompassed by the three most recent standard surveys of 46 the nursing homes that were so cited in any of the following 47 manners: 48
(i) On three or more separate occasions for final, 49
130HB483-HC0372/RYT HC0372 Page 3
50 nonappealable actual harm but not immediate jeopardy deficiencies;
(ii) On two or more separate occasions for final, 51 nonappealable immediate jeopardy deficiencies; 52
(iii) On two separate occasions for final, nonappealable 53 actual harm but not immediate jeopardy deficiencies and on one 54 occasion for a final, nonappealable immediate jeopardy deficiency. 55
(2) In applying divisions (B)(1)(a) to (d) of this section, 56 the director shall not consider deficiencies or violations cited 57 before the applicant or a principal participant acquired or began 58 to own or operate the long-term care facility at which the 59 deficiencies or violations were cited. The director may disregard 60 deficiencies and violations cited after the long-term care 61 facility was acquired or began to be operated by the applicant or 62 a principal participant if the deficiencies or violations were 63 attributable to circumstances that arose under the previous owner 64 or operator and the applicant or principal participant has 65 implemented measures to alleviate the circumstances. In the case 66 of an application proposing development of a new long-term care 67 facility by relocation of beds, the director shall not consider 68 deficiencies or violations that were solely attributable to the 69 physical plant of the existing long-term care facility from which 70 the beds are being relocated. 71
(C) The director also shall accept for review any application 72 for the conversion of infirmary beds to long-term care beds if the 73 infirmary meets all of the following conditions: 74
(1) Is operated exclusively by a religious order; 75
(2) Provides care exclusively to members of religious orders 76 who take vows of celibacy and live by virtue of their vows within 77 the orders as if related; 78
130HB483-HC0372/RYT HC0372 Page 4
(3) Was providing care exclusively to members of such a 79 religious order on January 1, 1994. 80
(D) Notwithstanding division (C)(2) of this section, a 81 facility that has been granted a certificate of need under 82 division (C) of this section may provide care to any of the 83 following family members of the individuals described in division 84 (C)(2) of this section: mothers, fathers, brothers, sisters, 85 brothers-in-law, sisters-in-law, or children. 86
The long-term care beds in a facility that have been granted 87 a certificate of need under division (C) of this section may not 88 be relocated pursuant to sections 3702.592 to 3702.594 3702.595 of 89 the Revised Code. 90
130HB483-HC0372/RYT HC0372 Page 5
Sec. 3702.595. (A) Subject to division (B) of this section, 91 the director of health shall accept at any time, for review under 92 section 3702.52 of the Revised Code, both of the following: 93
(1) Certificate of need applications for the establishment, 94 development, or construction of a new long-term care facility if 95 all of the following apply: 96
(a) The new long-term care facility is to be licensed as a 97 nursing home under Chapter 3721. of the Revised Code. 98
(b) The new long-term care facility is to be located on the 99 same site as a residential care facility that, on the effective 100 date of this section, meets both of the following: 101
(i) The residential care facility is licensed under Chapter 102 3721. of the Revised Code. 103
(ii) There is not another nursing home located on the same 104 site as the residential care facility. 105
(c) The new long-term care facility is to have a licensed bed 106 capacity not exceeding twenty nursing home beds. 107
(d) All of the beds that are to be part of the new long-term 108 care facility's licensed bed capacity are to be relocated to the 109 new long-term care facility in accordance with approved 110 certificate of need applications meeting the requirements of 111 division (A)(2) of this section. 112
(2) Certificate of need applications for the relocation of a 113 total of not more than twenty long-term care beds from one or more 114 physical facilities or sites to another if all of the following 115 apply: 116
(a) The beds are part of a nursing home's licensed bed 117 capacity on the effective date of this section. 118
130HB483-HC0372/RYT HC0372 Page 6
(b) The beds are to be relocated to the new long-term care 119 facility authorized by an approved certificate of need application 120 meeting the requirements of division (A)(1) of this section. 121
(c) The long-term care facility from which the beds are to be 122 relocated is located in a county that is contiguous to the county 123 in which the new long-term care facility is to be located. 124
(d) The licensed bed capacity of the long-term care facility 125 from which the beds are to be relocated is reduced by each bed 126 that is relocated. 127
(e) After the beds are relocated, there will still be one or 128 more nursing homes licensed under Chapter 3721. of the Revised 129 Code operating in the county from which the beds are relocated. 130
(B)(1) Once the director approves a certificate of need 131 application meeting the requirements of division (A)(1) of this 132 section regarding the establishment, development, or construction 133 of a new long-term care facility, the director shall not accept or 134 approve another such application until the expiration of the 135 period during which the director, under division (E) of section 136 3702.52 of the Revised Code, monitors the activities of the person 137 granted the certificate of need. 138
(2) Once a total of twenty long-term care beds have been 139 approved for relocation under certificate of need applications 140 meeting the requirements of division (A)(2) of this section, the 141 director shall not accept or approve another such application 142 until the director has approved, as authorized by division (B)(1) 143 of this section, another certificate of need application meeting 144 the requirements of division (A)(1) of this section." 145
In line 18363, after "3702.526," insert "3702.59," 146
In line 11 of the title, after "3702.526," insert "3702.59," 147
130HB483-HC0372/RYT HC0372 Page 7
In line 30 of the title, after "3317.162," insert "3702.595," 148
The motion was ______agreed to.
SYNOPSIS
Certificates of need for new nursing homes 149
R.C. 3702.595 (primary) and 3702.59 150
Requires the Director of Health to accept certificate of need 151 (CON) applications for the establishment, development, or 152 construction of a new nursing home if (1) the nursing home is to 153 be located on the same site on which an existing residential care 154 facility (i.e., an assisted living facility), but no other nursing 155 home, is located, (2) the nursing home is to have a licensed 156 capacity not exceeding 20 beds, and (3) all of the nursing home's 157 beds are beds that are relocated from other nursing homes in 158 accordance with another new CON application discussed below. 159
Requires the Director to accept CON applications for the 160 relocation of a total of not more than 20 nursing home beds to a 161 new nursing home authorized by the CON application discussed above 162 if (1) the beds, on this provision's effective date, are part of 163 the licensed capacity of the nursing home from which the beds are 164 relocated, (2) the nursing home from which the beds are relocated 165 is located in a county that is contiguous to the county in which 166 the new nursing home is located, (3) the licensed capacity of the 167 nursing home from which the beds are relocated is reduced by each 168 bed that is relocated, and (4) after the beds are relocated, there 169 will still be one or more nursing homes operating in the county 170 from which the beds are relocated. 171
130HB483-HC0372/RYT HC0376 H.B. 483 As Introduced
______moved to amend as follows:
In line 20253, strike through the second "$54,255,323" and 1 insert "$55,455,323" 2
In line 20266, add $1,200,000 to fiscal year 2015 3
In line 20268, add $1,200,000 to fiscal year 2015 4
In line 20321a, add $1,200,000 to fiscal year 2015 5
Between lines 20321a and 20323, insert: 6
"Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES 7
Of the foregoing appropriation item 600523, Family and 8 Children Services, $150,000 in each fiscal year shall be provided 9 to children's crisis care facilities, as defined in section 10 5103.13 of the Revised Code. The Director of Job and Family 11 Services shall allocate funds based on the number of children at 12 each facility. A children's crisis care facility may decline to 13 receive funds provided for under this section. A children's crisis 14 care facility that accepts funds provided under this section shall 15 use the funds in accordance with section 5103.13 of the Revised 16 Code and rules in section 5101:2-9-36 of the Administrative Code. 17
CHILD PLACEMENT LEVEL OF CARE TOOL PILOT PROGRAM 18
Of the foregoing appropriation item 600523, Family and 19
130HB483-HC0376/RYT HC0376 Page 2
20 Children Services, $1,200,000 in fiscal year 2015 shall be used to 21 fund the Child Placement Level of Care Tool Pilot Program."
In line 21065, after "301.10," insert "301.143," 22
In line 38 of the title, after "301.10," insert "301.143," 23
The motion was ______agreed to.
SYNOPSIS
Department of Job and Family Services 24
Section 601.20, amends Sections 301.10 and 301.143 of H.B. 59 25
Appropriates $1.2 million in FY 2015 to GRF line item 600523, 26 Family and Children Services, and allocates that amount to fund 27 the Child Placement Level of Care Tool Pilot Program. 28
130HB483-HC0376/RYT HC0377 H.B. 483 As Introduced
______moved to amend as follows:
In line 46, after "7.16," insert "9.37," 1
Between lines 160 and 161, insert: 2
"Sec. 9.37. (A) As used in this section, "public official" 3 means any elected or appointed officer, employee, or agent of the 4 state, any state institution of higher education, any political 5 subdivision, board, commission, bureau, or other public body 6 established by law. "State institution of higher education" means 7 any state university or college as defined in division (A)(1) of 8 section 3345.12 of the Revised Code, community college, state 9 community college, university branch, or technical college. 10
(B) Except as provided in divisions (F) and (G) of this 11 section, any public official may make by direct deposit of funds 12 by electronic transfer, if the payee provides a written 13 authorization designating a financial institution and an account 14 number to which the payment is to be credited, any payment such 15 public official is permitted or required by law in the performance 16 of official duties to make by issuing a check or warrant. 17
(C) Such public official may contract with a financial 18 institution for the services necessary to make direct deposits and 19 draw lump-sum checks or warrants payable to that institution in 20
130HB483-HC0377/RYT HC0377 Page 2
21 the amount of the payments to be transferred.
(D) Before making any direct deposit as authorized under this 22 section, the public official shall ascertain that the account from 23 which the payment is to be made contains sufficient funds to cover 24 the amount of the payment. 25
(E) If the issuance of checks and warrants by a public 26 official requires authorization by a governing board, commission, 27 bureau, or other public body having jurisdiction over the public 28 official, the public official may only make direct deposits and 29 contracts under this section pursuant to a resolution of 30 authorization duly adopted by such governing board, commission, 31 bureau, or other public body. 32
(F) Pursuant to sections 307.55, 319.16, and 321.15 of the 33 Revised Code, a county auditor may issue, and a county treasurer 34 may redeem, electronic warrants authorizing direct deposit for 35 payment of county obligations in accordance with rules adopted by 36 the director of budget and management pursuant to Chapter 119. of 37 the Revised Code. 38
(G) The legislative authority of a municipal corporation, for 39 employees public officials of the municipal corporation, a county 40 auditor, for county employees public officials, or a board of 41 township trustees, for township employees public officials, may 42 adopt a direct deposit payroll policy under which all employees 43 public officials of the municipal corporation, all county 44 employees public officials, or all township employees public 45 officials, as the case may be, provide a written authorization 46 designating a financial institution and an account number to which 47 payment of the employee's public official's compensation shall be 48 credited under the municipal corporation's, county's, or 49 township's direct deposit payroll policy. The direct deposit 50
130HB483-HC0377/RYT HC0377 Page 3
payroll policy adopted by the legislative authority of a municipal 51 corporation, a county auditor, or a board of township trustees may 52 exempt from the direct deposit requirement those municipal, 53 county, or township employees public officials who cannot provide 54 an account number, or for other reasons specified in the policy. 55 The written authorization is not a public record under section 56 149.43 of the Revised Code." 57
In line 18355, after "7.16," insert "9.37," 58
In line 1 of the title, after "7.16," insert "9.37," 59
The motion was ______agreed to.
SYNOPSIS
Expand local government direct deposit payroll policy 60
R.C. 9.37 61
Expands the individuals who are authorized to participate in 62 a local government direct deposit payroll policy to include all 63 public officials. ("Public official" means an officer, employee, 64 or agent of the local government.) 65
130HB483-HC0377/RYT HC0383 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 20046, reinsert "2,686,688"
2 In line 20046a, delete "1,186,688"
3 Delete lines 20054 and 20054a
4 The motion was ______agreed to.
5 SYNOPSIS
6 Department of Health
7 Section 610.20
8 Restores $1.5 million in fiscal year 2014 to GRF line item 9 440465, Federally Qualified Health Centers, and deletes GRF line 10 item 440516, Enhanced Primary Care Capacity.
Legislative Service Commission -1- 130HB483-HC0383.RTF/rs HC0387 H.B. 483 As Introduced
______moved to amend as follows:
1 Between lines 18379 and 18380, insert:
2 "Section ____. HAMILTON COUNTY FAIRGROUND IMPROVEMENTS
3 On the effective date of this section, or as soon as
4 possible thereafter, the Director of Budget and Management shall
5 transfer up to $50,000 appropriation from appropriation item
6 C26616, Forest Park Homeland Security Facility, to appropriation
7 item C26686, Hamilton County Fairground Improvements. An amount
8 equal to the unexpended, unencumbered portion of appropriation
9 item C26686, Hamilton County Fairground Improvements, at the end
10 of fiscal year 2014 is hereby reappropriated to the University
11 of Cincinnati for the same purpose for the fiscal biennium
12 ending June 30, 2016.
13 In line 21181, after "Sections" insert ____,
14 The motion was ______agreed to.
Legislative Service Commission -1- 130HB483-HC0387.RTF/rs HC0387
15 SYNOPSIS
16 University of Cincinnati
17 Section _____
18 Requires the Director of Budget and Management to transfer, 19 $50,000 appropriation from Fund 7034 capital appropriation item 20 C26616, Forest Park Homeland Security Facility, to Fund 7024 21 capital appropriation item C22686, Hamilton County Fairground 22 Improvements. Reappropriates the unexpended, unencumbered 23 portion of item C22686 at the end of fiscal year 2014 for the 24 fiscal biennium ending June 30, 2016.
Legislative Service Commission -2- 130HB483-HC0387.RTF/rs HC0388 H.B. 483 As Introduced
______moved to amend as follows:
In line 64, after "5126.01," insert "5126.02," 1
Between lines 16503 and 16504, insert: 2
"Sec. 5126.02. (A) Each county shall have its own county 3 board of developmental disabilities. Subject to division (B) of 4 this section: 5
(1) A county board shall be operated as a separate 6 administrative and service entity. 7
(2) The functions of a county board shall not be combined 8 with the functions of any other entity of county government. 9
(B) Division (A) of this section does not prohibit or 10 restrict any county board from sharing administrative functions or 11 personnel with one or more other county boards, including entering 12 into an arrangement authorized by division (B) of section 13 5126.0219 of the Revised Code or an agreement with one or more 14 other county boards to share the services of any employee." 15
In line 18373, after "5126.01," insert "5126.02," 16
In line 26 of the title, after "5126.01," insert "5126.02," 17
The motion was ______agreed to.
130HB483-HC0388/AT HC0388 Page 2
SYNOPSIS
County board of developmental disabilities agreement to share 18 employees 19
R.C. 5126.02 20
Authorizes two or more county boards of developmental 21 disabilities to agree to share the services of one or more 22 employees. 23
130HB483-HC0388/AT HC0389 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 18378, delete "and"
2 In line 18379, after "5124.64" insert ", and 5126.0221"
3 In line 34 of the title, delete "and"; after "5124.64"
4 insert ", and 5126.0221"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Individuals disqualified from employment by county boards 8 of developmental disabilities
9 R.C. 5126.0221 (repealed)
10 Repeals a law that prohibits certain individuals from being 11 employed by a county board of developmental disabilities (such 12 as employees of agencies that contract with the board or 13 immediate family members of those employees).
Legislative Service Commission -1- 130HB483-HC0389.RTF/rs HC0390 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 18378, delete "and"
2 In line 18379, after "5124.64" insert ", and 5126.037"
3 In line 34 of the title, delete "and"; after "5124.64"
4 insert ", and 5126.037"
5 The motion was ______agreed to.
6 SYNOPSIS
7 County boards of developmental disabilities contracts with 8 nongovernmental agencies
9 R.C. 5126.037 (repealed)
10 Repeals the law prohibiting a county board of developmental 11 disabilities from contracting with a nongovernmental agency 12 whose board includes a county commissioner of any of the 13 counties served by the county board.
Legislative Service Commission -1- 130HB483-HC0390.RTF/rs HC0397 H.B. 483 As Introduced
______moved to amend as follows:
In line 47, after "119.03," insert "121.084," 1
Between lines 1386 and 1387, insert: 2
"Sec. 121.084. (A) All moneys collected under sections 3 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 4 4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 5 moneys collected by the division of industrial compliance shall be 6 paid into the state treasury to the credit of the industrial 7 compliance operating fund, which is hereby created. The department 8 of commerce shall use the moneys in the fund for paying the 9 operating expenses of the division and the administrative 10 assessment described in division (B) of this section. 11
(B) The director of commerce, with the approval of the 12 director of budget and management, shall prescribe procedures for 13 assessing the industrial compliance operating fund a proportionate 14 share of the administrative costs of the department of commerce. 15 The assessment shall be made in accordance with those procedures 16 and be paid from the industrial compliance operating fund to the 17 division of administration fund created in section 121.08 of the 18 Revised Code." 19
In line 18356, after "119.03," insert "121.084," 20
130HB483-HC0397/RYT HC0397 Page 2
In line 18378, after "3702.93," insert "4171.03, 4171.04," 21
In line 2 of the title, after "119.03," insert "121.084," 22
In line 33 of the title, after "3702.93," insert "4171.03, 23 4171.04," 24
The motion was ______agreed to.
SYNOPSIS
Roller rink certification 25
R.C. 121.084, 4171.03 (repealed), and 4171.04 (repealed) 26
Repeals the current law requirement requiring roller skating 27 rinks to obtain a certificate of registration from the 28 Superintendent of Industrial Compliance in the Department of 29 Commerce. 30
130HB483-HC0397/RYT HC0399X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 67, delete the first "and"; after 5713.012" insert ", 1 5747.50, 5747.501, 5747.51, and 5747.53" 2
In line 69, delete "and"; after "5139.45" insert ", and 3 5747.502" 4
Between lines 18354 and 18355, insert: 5
"Sec. 5747.50. (A) As used in this section: 6
(1) "County's proportionate share of the calendar year 2007 7 LGF and LGRAF distributions" means the percentage computed for the 8 county under division (B)(1)(a) of section 5747.501 of the Revised 9 Code. 10
(2) "County's proportionate share of the total amount of the 11 local government fund additional revenue formula" means each 12 county's proportionate share of the state's population as 13 determined for and certified to the county for distributions to be 14 made during the current calendar year under division (B)(2)(a) of 15 section 5747.501 of the Revised Code. If prior to the first day of 16 January of the current calendar year the federal government has 17 issued a revision to the population figures reflected in the 18 estimate produced pursuant to division (B)(2)(a) of section 19 5747.501 of the Revised Code, such revised population figures 20
130HB483-HC0399X1/RH HC0399X1 Page 2
21 shall be used for making the distributions during the current 22 calendar year.
(3) "2007 LGF and LGRAF county distribution base available in 23 that month" means the lesser of the amounts described in division 24 (A)(3)(a) and (b) of this section, provided that the amount shall 25 not be less than zero: 26
(a) The total amount available for distribution to counties 27 from the local government fund during the current month. 28
(b) The total amount distributed to counties from the local 29 government fund and the local government revenue assistance fund 30 to counties in calendar year 2007 less the total amount 31 distributed to counties under division (B)(1) of this section 32 during previous months of the current calendar year. 33
(4) "Local government fund additional revenue distribution 34 base available during that month" means the total amount available 35 for distribution to counties during the month from the local 36 government fund, less any amounts to be distributed in that month 37 from the local government fund under division (B)(1) of this 38 section, provided that the local government fund additional 39 revenue distribution base available during that month shall not be 40 less than zero. 41
(5) "Total amount available for distribution to counties" 42 means the total amount available for distribution from the local 43 government fund during the current month less the total amount 44 available for distribution to municipal corporations during the 45 current month under division (C) of this section. 46
(B) On Except as provided in section 5747.502 of the Revised 47 Code, on or before the tenth day of each month, the tax 48 commissioner shall provide for payment to each county an amount 49
130HB483-HC0399X1/RH HC0399X1 Page 3 equal to the sum of: 50
(1) The county's proportionate share of the calendar year 51 2007 LGF and LGRAF distributions multiplied by the 2007 LGF and 52 LGRAF county distribution base available in that month, provided 53 that if the 2007 LGF and LGRAF county distribution base available 54 in that month is zero, no payment shall be made under division 55 (B)(1) of this section for the month or the remainder of the 56 calendar year; and 57
(2) The county's proportionate share of the total amount of 58 the local government fund additional revenue formula multiplied by 59 the local government fund additional revenue distribution base 60 available during that month. 61
Money received into the treasury of a county under this 62 division shall be credited to the undivided local government fund 63 in the treasury of the county on or before the fifteenth day of 64 each month. On or before the twentieth day of each month, the 65 county auditor shall issue warrants against all of the undivided 66 local government fund in the county treasury in the respective 67 amounts allowed as provided in section 5747.51 of the Revised 68 Code, and the treasurer shall distribute and pay such sums to the 69 subdivision therein. 70
(C)(1) As used in division (C) of this section: 71
(a) "Total amount available for distribution to 72 municipalities during the current month" means the product 73 obtained by multiplying the total amount available for 74 distribution from the local government fund during the current 75 month by the aggregate municipal share. 76
(b) "Aggregate municipal share" means the quotient obtained 77 by dividing the total amount distributed directly from the local 78 government fund to municipal corporations during calendar year 79
130HB483-HC0399X1/RH HC0399X1 Page 4
80 2007 by the total distributions from the local government fund and 81 local government revenue assistance fund during calendar year 82 2007.
(2) On or before the tenth day of each month, the tax 83 commissioner shall provide for payment from the local government 84 fund to each municipal corporation an amount equal to the product 85 derived by multiplying the municipal corporation's percentage of 86 the total amount distributed to all such municipal corporations 87 under this division during calendar year 2007 by the total amount 88 available for distribution to municipal corporations during the 89 current month. 90
(3) Payments received by a municipal corporation under this 91 division shall be paid into its general fund and may be used for 92 any lawful purpose. 93
(4) The amount distributed to municipal corporations under 94 this division during any calendar year shall not exceed the amount 95 distributed directly from the local government fund to municipal 96 corporations during calendar year 2007. If that maximum amount is 97 reached during any month, distributions to municipal corporations 98 in that month shall be as provided in divisions (C)(1) and (2) of 99 this section, but no further distributions shall be made to 100 municipal corporations under division (C) of this section during 101 the remainder of the calendar year. 102
(5) Upon being informed of a municipal corporation's 103 dissolution, the tax commissioner shall cease providing for 104 payments to that municipal corporation under division (C) of this 105 section. The proportionate shares of the total amount available 106 for distribution to each of the remaining municipal corporations 107 under this division shall be increased on a pro rata basis. 108
(D) Each municipal corporation which has in effect a tax 109
130HB483-HC0399X1/RH HC0399X1 Page 5
110 imposed under Chapter 718. of the Revised Code shall, no later 111 than the thirty-first day of August of each year, certify to the 112 tax commissioner the total amount of income taxes collected by 113 such municipal corporation pursuant to such chapter during the 114 preceding calendar year. The tax commissioner may withhold payment 115 of local government fund moneys pursuant to division (C) of this 116 section from any municipal corporation for failure to comply with 117 this reporting requirement.
Sec. 5747.501. (A) On or before the twenty-fifth day of July 118 of each year, the tax commissioner shall estimate and certify to 119 each county auditor the amount to be distributed from the local 120 government fund to each undivided local government fund during the 121 following calendar year under section 5747.50 of the Revised Code. 122 The estimate shall equal the sum of the separate amounts computed 123 under divisions (B)(1) and (2) of this section less any reductions 124 required under section 5747.502 of the Revised Code. 125
(B)(1) The product obtained by multiplying the percentage 126 described in division (B)(1)(a) of this section by the amount 127 described in division (B)(1)(b) of this section. 128
(a) Each county's proportionate share of the total amount 129 distributed to the counties from the local government fund and the 130 local government revenue assistance fund during calendar year 131 2007. In fiscal year 2014 and thereafter, the amount distributed 132 to any county undivided local government fund shall be an amount 133 not less than seven hundred fifty thousand dollars or the amount 134 distributed to such fund in fiscal year 2013, whichever amount is 135 smaller. To the extent necessary to implement this minimum 136 distribution requirement, the proportionate shares computed under 137 this division shall be adjusted accordingly. 138
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(b) The total amount distributed to counties from the local 139 government fund and the local government revenue assistance fund 140 during calendar year 2007 adjusted downward if, and to the extent 141 that, total local government fund distributions to counties for 142 the following year are projected to be less than what was 143 distributed to counties from the local government fund and local 144 government revenue assistance fund during calendar year 2007. 145
(2) The product obtained by multiplying the percentage 146 described in division (B)(2)(a) of this section by the amount 147 described in division (B)(2)(b) of this section. 148
(a) Each county's proportionate share of the state's 149 population as reflected in the most recent federal decennial 150 census or the federal government's most recent census estimates, 151 whichever represents the most recent year. 152
(b) The amount by which total estimated distributions from 153 the local government fund during the immediately succeeding 154 calendar year, less the total estimated amount to be distributed 155 from the fund to municipal corporations under division (C) of 156 section 5747.50 of the Revised Code during the immediately 157 succeeding calendar year, exceed the total amount distributed to 158 counties from the local government fund and local government 159 revenue assistance fund during calendar year 2007. 160
Sec. 5747.502. If the tax commissioner discovers, based on 161 any information coming into the commissioner's possession, that a 162 board of elections, another county agency, or a county official or 163 employee who is acting in an official capacity, has done either of 164 the following, the commissioner shall reduce the payment to that 165 county, otherwise required under divisions (B)(1) and (2) of 166 section 5747.50 of the Revised Code, by ten per cent in each of 167
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168 the twelve months following discovery of that violation:
(A) Mailed an unsolicited application for absent voter's 169 ballots to an individual in violation of section 3501.05 of the 170 Revised Code; 171
(B) Delivered absent voter's ballots or an application for 172 absent voter's ballots to an elector and prepaid the return 173 postage for those ballots or that application in violation of 174 section 3509.03, 3509.04, 3511.02, or 3511.04 of the Revised Code. 175
Sec. 5747.51. (A) On or before the twenty-fifth day of July 176 of each year, the tax commissioner shall make and certify to the 177 county auditor of each county an estimate of the amount of the 178 local government fund to be allocated to the undivided local 179 government fund of each county for the ensuing calendar year, 180 adjusting the total to account for any reductions required under 181 section 5747.502 of the Revised Code. 182
(B) At each annual regular session of the county budget 183 commission convened pursuant to section 5705.27 of the Revised 184 Code, each auditor shall present to the commission the certificate 185 of the commissioner, the annual tax budget and estimates, and the 186 records showing the action of the commission in its last preceding 187 regular session. The commission, after extending to the 188 representatives of each subdivision an opportunity to be heard, 189 under oath administered by any member of the commission, and 190 considering all the facts and information presented to it by the 191 auditor, shall determine the amount of the undivided local 192 government fund needed by and to be apportioned to each 193 subdivision for current operating expenses, as shown in the tax 194 budget of the subdivision. This determination shall be made 195 pursuant to divisions (C) to (I) of this section, unless the 196
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197 commission has provided for a formula pursuant to section 5747.53 198 of the Revised Code. If state distributions to the undivided local 199 government fund are reduced under section 5747.502 of the Revised 200 Code, the commission shall apportion the fund such that the 201 reduction is made to the share to be apportioned to the county as 202 a subdivision.
Nothing in this section prevents the budget commission, for 203 the purpose of apportioning the undivided local government fund, 204 from inquiring into the claimed needs of any subdivision as stated 205 in its tax budget, or from adjusting claimed needs to reflect 206 actual needs. For the purposes of this section, "current operating 207 expenses" means the lawful expenditures of a subdivision, except 208 those for permanent improvements and except payments for interest, 209 sinking fund, and retirement of bonds, notes, and certificates of 210 indebtedness of the subdivision. 211
(C) The commission shall determine the combined total of the 212 estimated expenditures, including transfers, from the general fund 213 and any special funds other than special funds established for 214 road and bridge; street construction, maintenance, and repair; 215 state highway improvement; and gas, water, sewer, and electric 216 public utilities operated by a subdivision, as shown in the 217 subdivision's tax budget for the ensuing calendar year. 218
(D) From the combined total of expenditures calculated 219 pursuant to division (C) of this section, the commission shall 220 deduct the following expenditures, if included in these funds in 221 the tax budget: 222
(1) Expenditures for permanent improvements as defined in 223 division (E) of section 5705.01 of the Revised Code; 224
(2) In the case of counties and townships, transfers to the 225 road and bridge fund, and in the case of municipalities, transfers 226
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227 to the street construction, maintenance, and repair fund and the 228 state highway improvement fund;
(3) Expenditures for the payment of debt charges; 229
(4) Expenditures for the payment of judgments. 230
(E) In addition to the deductions made pursuant to division 231 (D) of this section, revenues accruing to the general fund and any 232 special fund considered under division (C) of this section from 233 the following sources shall be deducted from the combined total of 234 expenditures calculated pursuant to division (C) of this section: 235
(1) Taxes levied within the ten-mill limitation, as defined 236 in section 5705.02 of the Revised Code; 237
(2) The budget commission allocation of estimated county 238 public library fund revenues to be distributed pursuant to section 239 5747.48 of the Revised Code; 240
(3) Estimated unencumbered balances as shown on the tax 241 budget as of the thirty-first day of December of the current year 242 in the general fund, but not any estimated balance in any special 243 fund considered in division (C) of this section; 244
(4) Revenue, including transfers, shown in the general fund 245 and any special funds other than special funds established for 246 road and bridge; street construction, maintenance, and repair; 247 state highway improvement; and gas, water, sewer, and electric 248 public utilities, from all other sources except those that a 249 subdivision receives from an additional tax or service charge 250 voted by its electorate or receives from special assessment or 251 revenue bond collection. For the purposes of this division, where 252 the charter of a municipal corporation prohibits the levy of an 253 income tax, an income tax levied by the legislative authority of 254 such municipal corporation pursuant to an amendment of the charter 255
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256 of that municipal corporation to authorize such a levy represents 257 an additional tax voted by the electorate of that municipal 258 corporation. For the purposes of this division, any measure 259 adopted by a board of county commissioners pursuant to section 260 322.02, 324.02, 4504.02, or 5739.021 of the Revised Code, 261 including those measures upheld by the electorate in a referendum 262 conducted pursuant to section 322.021, 324.021, 4504.021, or 263 5739.022 of the Revised Code, shall not be considered an 264 additional tax voted by the electorate.
Subject to division (G) of section 5705.29 of the Revised 265 Code, money in a reserve balance account established by a county, 266 township, or municipal corporation under section 5705.13 of the 267 Revised Code shall not be considered an unencumbered balance or 268 revenue under division (E)(3) or (4) of this section. Money in a 269 reserve balance account established by a township under section 270 5705.132 of the Revised Code shall not be considered an 271 unencumbered balance or revenue under division (E)(3) or (4) of 272 this section. 273
If a county, township, or municipal corporation has created 274 and maintains a nonexpendable trust fund under section 5705.131 of 275 the Revised Code, the principal of the fund, and any additions to 276 the principal arising from sources other than the reinvestment of 277 investment earnings arising from such a fund, shall not be 278 considered an unencumbered balance or revenue under division 279 (E)(3) or (4) of this section. Only investment earnings arising 280 from investment of the principal or investment of such additions 281 to principal may be considered an unencumbered balance or revenue 282 under those divisions. 283
(F) The total expenditures calculated pursuant to division 284 (C) of this section, less the deductions authorized in divisions 285
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286 (D) and (E) of this section, shall be known as the "relative need" 287 of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of 288 all participating subdivisions in the county, and shall compute a 289 relative need factor by dividing the total estimate of the 290 undivided local government fund by the total relative need of all 291 participating subdivisions. 292
(H) The relative need of each subdivision shall be multiplied 293 by the relative need factor to determine the proportionate share 294 of the subdivision in the undivided local government fund of the 295 county; provided, that the maximum proportionate share of a county 296 shall not exceed the following maximum percentages of the total 297 estimate of the undivided local government fund governed by the 298 relationship of the percentage of the population of the county 299 that resides within municipal corporations within the county to 300 the total population of the county as reported in the reports on 301 population in Ohio by the department of development as of the 302 twentieth day of July of the year in which the tax budget is filed 303 with the budget commission: 304 Percentage of municipal Percentage share of the county 305 population within the county: shall not exceed: 306 Less than forty-one per cent Sixty per cent 307 Forty-one per cent or more but Fifty per cent 308 less than eighty-one per cent Eighty-one per cent or more Thirty per cent 309
Where the proportionate share of the county exceeds the 310 limitations established in this division, the budget commission 311 shall adjust the proportionate shares determined pursuant to this 312 division so that the proportionate share of the county does not 313
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314 exceed these limitations, and it shall increase the proportionate 315 shares of all other subdivisions on a pro rata basis. In counties 316 having a population of less than one hundred thousand, not less 317 than ten per cent shall be distributed to the townships therein.
(I) The proportionate share of each subdivision in the 318 undivided local government fund determined pursuant to division 319 (H) of this section for any calendar year shall not be less than 320 the product of the average of the percentages of the undivided 321 local government fund of the county as apportioned to that 322 subdivision for the calendar years 1968, 1969, and 1970, 323 multiplied by the total amount of the undivided local government 324 fund of the county apportioned pursuant to former section 5735.23 325 of the Revised Code for the calendar year 1970. For the purposes 326 of this division, the total apportioned amount for the calendar 327 year 1970 shall be the amount actually allocated to the county in 328 1970 from the state collected intangible tax as levied by section 329 5707.03 of the Revised Code and distributed pursuant to section 330 5725.24 of the Revised Code, plus the amount received by the 331 county in the calendar year 1970 pursuant to division (B)(1) of 332 former section 5739.21 of the Revised Code, and distributed 333 pursuant to former section 5739.22 of the Revised Code. If the 334 total amount of the undivided local government fund for any 335 calendar year is less than the amount of the undivided local 336 government fund apportioned pursuant to former section 5739.23 of 337 the Revised Code for the calendar year 1970, the minimum amount 338 guaranteed to each subdivision for that calendar year pursuant to 339 this division shall be reduced on a basis proportionate to the 340 amount by which the amount of the undivided local government fund 341 for that calendar year is less than the amount of the undivided 342 local government fund apportioned for the calendar year 1970. 343
(J) On the basis of such apportionment, the county auditor 344
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345 shall compute the percentage share of each such subdivision in the 346 undivided local government fund and shall at the same time certify 347 to the tax commissioner the percentage share of the county as a 348 subdivision. No payment shall be made from the undivided local 349 government fund, except in accordance with such percentage shares.
Within ten days after the budget commission has made its 350 apportionment, whether conducted pursuant to section 5747.51 or 351 5747.53 of the Revised Code, the auditor shall publish a list of 352 the subdivisions and the amount each is to receive from the 353 undivided local government fund and the percentage share of each 354 subdivision, in a newspaper or newspapers of countywide 355 circulation, and send a copy of such allocation to the tax 356 commissioner. 357
The county auditor shall also send by certified mail, return 358 receipt requested, a copy of such allocation to the fiscal officer 359 of each subdivision entitled to participate in the allocation of 360 the undivided local government fund of the county. This copy shall 361 constitute the official notice of the commission action referred 362 to in section 5705.37 of the Revised Code. 363
All money received into the treasury of a subdivision from 364 the undivided local government fund in a county treasury shall be 365 paid into the general fund and used for the current operating 366 expenses of the subdivision. 367
If a municipal corporation maintains a municipal university, 368 such municipal university, when the board of trustees so requests 369 the legislative authority of the municipal corporation, shall 370 participate in the money apportioned to such municipal corporation 371 from the total local government fund, however created and 372 constituted, in such amount as requested by the board of trustees, 373 provided such sum does not exceed nine per cent of the total 374
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375 amount paid to the municipal corporation.
If any public official fails to maintain the records required 376 by sections 5747.50 to 5747.55 of the Revised Code or by the rules 377 issued by the tax commissioner, the auditor of state, or the 378 treasurer of state pursuant to such sections, or fails to comply 379 with any law relating to the enforcement of such sections, the 380 local government fund money allocated to the county may be 381 withheld until such time as the public official has complied with 382 such sections or such law or the rules issued pursuant thereto. 383
Sec. 5747.53. (A) As used in this section: 384
(1) "City, located wholly or partially in the county, with 385 the greatest population" means the city, located wholly or 386 partially in the county, with the greatest population residing in 387 the county; however, if the county budget commission on or before 388 January 1, 1998, adopted an alternative method of apportionment 389 that was approved by the legislative authority of the city, 390 located partially in the county, with the greatest population but 391 not the greatest population residing in the county, "city, located 392 wholly or partially in the county, with the greatest population" 393 means the city, located wholly or partially in the county, with 394 the greatest population whether residing in the county or not, if 395 this alternative meaning is adopted by action of the board of 396 county commissioners and a majority of the boards of township 397 trustees and legislative authorities of municipal corporations 398 located wholly or partially in the county. 399
(2) "Participating political subdivision" means a municipal 400 corporation or township that satisfies all of the following: 401
(a) It is located wholly or partially in the county. 402
(b) It is not the city, located wholly or partially in the 403
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404 county, with the greatest population.
(c) Undivided local government fund moneys are apportioned to 405 it under the county's alternative method or formula of 406 apportionment in the current calendar year. 407
(B) In lieu of the method of apportionment of the undivided 408 local government fund of the county provided by section 5747.51 of 409 the Revised Code, the county budget commission may provide for the 410 apportionment of the fund under an alternative method or on a 411 formula basis as authorized by this section. If state 412 distributions to the undivided local government fund are reduced 413 under section 5747.502 of the Revised Code, the commission shall 414 apportion the fund such that the reduction is made to the share to 415 be apportioned to the county as a subdivision. 416
Except as otherwise provided in division (C) of this section, 417 the alternative method of apportionment shall have first been 418 approved by all of the following governmental units: the board of 419 county commissioners; the legislative authority of the city, 420 located wholly or partially in the county, with the greatest 421 population; and a majority of the boards of township trustees and 422 legislative authorities of municipal corporations, located wholly 423 or partially in the county, excluding the legislative authority of 424 the city, located wholly or partially in the county, with the 425 greatest population. In granting or denying approval for an 426 alternative method of apportionment, the board of county 427 commissioners, boards of township trustees, and legislative 428 authorities of municipal corporations shall act by motion. A 429 motion to approve shall be passed upon a majority vote of the 430 members of a board of county commissioners, board of township 431 trustees, or legislative authority of a municipal corporation, 432 shall take effect immediately, and need not be published. 433
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Any alternative method of apportionment adopted and approved 434 under this division may be revised, amended, or repealed in the 435 same manner as it may be adopted and approved. If an alternative 436 method of apportionment adopted and approved under this division 437 is repealed, the undivided local government fund of the county 438 shall be apportioned among the subdivisions eligible to 439 participate in the fund, commencing in the ensuing calendar year, 440 under the apportionment provided in section 5747.52 of the Revised 441 Code, unless the repeal occurs by operation of division (C) of 442 this section or a new method for apportionment of the fund is 443 provided in the action of repeal. 444
(C) This division applies only in counties in which the city, 445 located wholly or partially in the county, with the greatest 446 population has a population of twenty thousand or less and a 447 population that is less than fifteen per cent of the total 448 population of the county. In such a county, the legislative 449 authorities or boards of township trustees of two or more 450 participating political subdivisions, which together have a 451 population residing in the county that is a majority of the total 452 population of the county, each may adopt a resolution to exclude 453 the approval otherwise required of the legislative authority of 454 the city, located wholly or partially in the county, with the 455 greatest population. All of the resolutions to exclude that 456 approval shall be adopted not later than the first Monday of 457 August of the year preceding the calendar year in which 458 distributions are to be made under an alternative method of 459 apportionment. 460
A motion granting or denying approval of an alternative 461 method of apportionment under this division shall be adopted by a 462 majority vote of the members of the board of county commissioners 463 and by a majority vote of a majority of the boards of township 464
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465 trustees and legislative authorities of the municipal corporations 466 located wholly or partially in the county, other than the city, 467 located wholly or partially in the county, with the greatest 468 population, shall take effect immediately, and need not be 469 published. The alternative method of apportionment under this 470 division shall be adopted and approved annually, not later than 471 the first Monday of August of the year preceding the calendar year 472 in which distributions are to be made under it. A motion granting 473 approval of an alternative method of apportionment under this 474 division repeals any existing alternative method of apportionment, 475 effective with distributions to be made from the fund in the 476 ensuing calendar year. An alternative method of apportionment 477 under this division shall not be revised or amended after the 478 first Monday of August of the year preceding the calendar year in 479 which distributions are to be made under it.
(D) In determining an alternative method of apportionment 480 authorized by this section, the county budget commission may 481 include in the method any factor considered to be appropriate and 482 reliable, in the sole discretion of the county budget commission. 483
(E) The limitations set forth in section 5747.51 of the 484 Revised Code, stating the maximum amount that the county may 485 receive from the undivided local government fund and the minimum 486 amount the townships in counties having a population of less than 487 one hundred thousand may receive from the fund, are applicable to 488 any alternative method of apportionment authorized under this 489 section. 490
(F) On the basis of any alternative method of apportionment 491 adopted and approved as authorized by this section, as certified 492 by the auditor to the county treasurer, the county treasurer shall 493 make distribution of the money in the undivided local government 494
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495 fund to each subdivision eligible to participate in the fund, and 496 the auditor, when the amount of those shares is in the custody of 497 the treasurer in the amounts so computed to be due the respective 498 subdivisions, shall at the same time certify to the tax 499 commissioner the percentage share of the county as a subdivision. 500 All money received into the treasury of a subdivision from the 501 undivided local government fund in a county treasury shall be paid 502 into the general fund and used for the current operating expenses 503 of the subdivision. If a municipal corporation maintains a 504 municipal university, the university, when the board of trustees 505 so requests the legislative authority of the municipal 506 corporation, shall participate in the money apportioned to the 507 municipal corporation from the total local government fund, 508 however created and constituted, in the amount requested by the 509 board of trustees, provided that amount does not exceed nine per 510 cent of the total amount paid to the municipal corporation.
(G) The actions of the county budget commission taken 511 pursuant to this section are final and may not be appealed to the 512 board of tax appeals, except on the issues of abuse of discretion 513 and failure to comply with the formula." 514
In line 18376, delete "and"; after "5713.012" insert ", 515 5747.50, 5747.501, 5747.51, and 5747.53" 516
In line 29 of the title, delete "and"; after "5713.012" 517 insert ", 5747.50, 5747.501, 5747.51, and 5747.53" 518
In line 32 of the title, delete "and" 519
In line 33 of the title, after "5139.45" insert ", and 520 5747.502" 521
The motion was ______agreed to.
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SYNOPSIS
LGF reduction for counties that mail elections materials in 522 violation of the Revised Code 523
R.C. 5747.50, 5747.501, 5747.502, 5747.51, and 5747.53 524
Requires the Tax Commissioner to reduce, by 10%, the monthly 525 Local Government Fund (LGF) allocation for any county that mails 526 unsolicited applications for absent voter's ballots or that 527 delivers absent voter's ballots or an application for absent 528 voter's ballots to an elector and prepays the return postage for 529 those ballots or that application, in violation of existing law. 530 The 10% reduction must be imposed for twelve months. The funds 531 that would have been allocated to the county would remain in the 532 state General Revenue Fund. 533
Requires the county budget commission of a county that is 534 subject to an LGF reduction to apportion the Undivided Local 535 Government Fund of the county in such a way that the reduction is 536 made to the share of revenue that would have been allocated to the 537 county had the reduction not taken place; other subdivisions' 538 allocations would not be affected. 539
130HB483-HC0399X1/RH HC0403X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "149.38," insert "150.05, 150.07," 1
Between lines 1934 and 1935, insert: 2
"Sec. 150.05. (A) The authority shall select, as program 3 administrators, not more than two private, for-profit investment 4 funds to acquire loans for the program fund and to invest money in 5 the program fund as prescribed in the investment policy 6 established or modified by the authority in accordance with 7 sections 150.03 and 150.04 of the Revised Code. The authority 8 shall give equal consideration, in selecting these program 9 administrators, to minority owned and controlled investment funds, 10 to funds owned and controlled by women, to ventures involving 11 minority owned and controlled funds, and to ventures involving 12 funds owned and controlled by women that otherwise meet the 13 policies and criteria established by the authority. To be eligible 14 for selection, an investment fund must be incorporated or 15 organized under Chapter 1701., 1705., 1775., 1776., 1782., or 16 1783. of the Revised Code, must have an established business 17 presence in this state, and must be capitalized in accordance with 18 any state and federal laws applicable to the issuance or sale of 19 securities. 20
The authority shall select program administrators only after 21
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22 soliciting and evaluating requests for proposals as prescribed in 23 this section. The authority shall publish a notice of a request 24 for proposals in newspapers of general circulation in this state 25 once each week for two consecutive weeks before a date specified 26 by the authority as the date on which it will begin accepting 27 proposals. The notices shall contain a general description of the 28 subject of the proposed agreement and the location where the 29 request for proposals may be obtained. The request for proposals 30 shall include all the following:
(1) Instructions and information to respondents concerning 31 the submission of proposals, including the name and address of the 32 office where proposals are to be submitted; 33
(2) Instructions regarding the manner in which respondents 34 may communicate with the authority, including the names, titles, 35 and telephone numbers of the individuals to whom such 36 communications shall be directed; 37
(3) Description of the performance criteria that will be used 38 to evaluate whether a respondent selected by the authority is 39 satisfying the authority's investment policy; 40
(4) Description of the factors and criteria to be considered 41 in evaluating respondents' proposals, the relative importance of 42 each factor or criterion, and description of the authority's 43 evaluation procedure; 44
(5) Description of any documents that may be incorporated by 45 reference into the request for proposals, provided that the 46 request specifies where such documents may be obtained and such 47 documents are readily available to all interested parties. 48
After the date specified for receiving proposals, the 49 authority shall evaluate submitted proposals. The authority may 50
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51 discuss a respondent's proposal with that respondent to clarify or 52 revise a proposal or the terms of the agreement.
The authority shall choose for review proposals from at least 53 three respondents the authority considers qualified to operate the 54 program in the best interests of the investment policy adopted by 55 the authority. If three or fewer proposals are submitted, the 56 authority shall review each proposal. The authority may cancel a 57 request for proposals at any time before entering into an 58 agreement with a respondent. The authority shall provide 59 respondents fair and equal opportunity for such discussions. The 60 authority may terminate discussions with any respondent upon 61 written notice to the respondent. 62
(B) After reviewing the chosen proposals, the authority may 63 select not more than two such respondents and enter into a written 64 agreement with each of the selected respondents, provided that at 65 no time shall there be agreements with more than two persons. 66
The agreement shall do all of the following: 67
(1) Specify that borrowing and investing by the program 68 administrator will be budgeted to guarantee that no tax credits 69 will be granted during the first four years of the Ohio venture 70 capital program, and will be structured to ensure that payments of 71 principal, interest, or interest equivalent due in any fiscal 72 year, when added to such payments due from any other program 73 administrator, does not exceed twenty twenty-six million five 74 hundred thousand dollars; 75
(2) Require investment by the program administrator or the 76 fund manager employed by the program administrator to be in 77 compliance with the investment policy established or modified in 78 accordance with sections 150.03 and 150.04 of the Revised Code 79 that is in effect at the time the investment is made, and prohibit 80
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81 the program administrator or fund manager from engaging in any 82 investment activities other than activities to carry out that 83 policy;
(3) Require periodic financial reporting by the program 84 administrator to the authority, which reporting shall include an 85 annual audit by an independent auditor and such other financial 86 reporting as is specified in the agreement or otherwise required 87 by the authority for the purpose of ensuring that the program 88 administrator is carrying out the investment policy; 89
(4) Specify any like standards or general limitations in 90 addition to or in furtherance of investment standards or 91 limitations that apply pursuant to division (H) of section 150.03 92 of the Revised Code; 93
(5) Require the program administrator to apply program fund 94 revenue first to the payment of principal borrowed by the program 95 administrator for investment under the program, then to interest 96 related to that principal, and then to amounts necessary to cover 97 the program administrator's pro rata share required under division 98 (B)(9) of this section; and require the program administrator to 99 pay the authority not less than ninety per cent of the amount by 100 which program fund revenue attributable to investments under the 101 program administrator's investment authority exceeds amounts so 102 applied; 103
(6) Specify the procedures by which the program administrator 104 shall certify immediately to the authority the necessity for the 105 authority to issue tax credit certificates pursuant to contracts 106 entered into under section 150.07 of the Revised Code; 107
(7) Specify any general limitations regarding the employment 108 of a fund manager by the program administrator, in addition to an 109 express limitation that the fund manager be a person with 110
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111 demonstrated, substantial, successful experience in the design and 112 management of seed and venture capital investment programs and in 113 capital formation. The fund manager may be, but need not be, an 114 equity owner or affiliate of the program administrator.
(8) Specify the terms and conditions under which the 115 authority or the program administrator may terminate the 116 agreement, including in the circumstance that the program 117 administrator or fund manager violates the investment policy; 118
(9) Require the program administrator or fund manager 119 employed by the program administrator to provide capital in the 120 form of a loan equal to one per cent of the amount of outstanding 121 loans by lenders to the program fund. The loan from the program 122 administrator or fund manager shall be on the same terms and 123 conditions as loans from other lenders, except that the loan from 124 the program administrator or fund manager shall not be secured by 125 the Ohio venture capital fund or tax credits available to other 126 lenders under division (B) of section 150.04 of the Revised Code. 127 Such capital shall be placed at the same risk as the proceeds from 128 such loans. The program administrator shall receive a pro rata 129 share of the net income, including net loss, from the investment 130 of money from the program fund, but is not entitled to the 131 security against losses provided under section 150.04 of the 132 Revised Code. 133
Sec. 150.07. (A) For the purpose stated in section 150.01 of 134 the Revised Code, the authority may authorize a lender to claim 135 one of the refundable tax credits allowed under section 5707.031, 136 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 of the 137 Revised Code. The credits shall be authorized by a written 138 contract with the lender. The contract shall specify the terms 139 under which the lender may claim the credit, including the amount 140
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of loss, if any, the lender must incur before the lender may claim 141 the credit; specify that the credit shall not exceed the amount of 142 the loss; and specify that the lender may claim the credit only 143 for a loss certified by a program administrator to the authority 144 under the procedures prescribed under division (B)(6) of section 145 150.05 of the Revised Code. The program administrator shall 146 provide to the authority an estimate of the amount of tax credits, 147 if any, that are likely, in the administrator's reasonable 148 judgment, to be claimed by a lender during the current and next 149 succeeding state fiscal years. The estimate shall be provided at 150 the same time each year that the administrator is required to 151 report the annual audit to the authority under section 150.05 of 152 the Revised Code. 153
(B) Tax credits may be authorized at any time after the 154 authority establishes the investment policy under section 150.03 155 of the Revised Code, but a tax credit so authorized may not be 156 claimed before July 1, 2007, or after June 30, 2026, except, with 157 respect to loans made from the proceeds of obligations issued 158 under section 4582.71 of the Revised Code, a tax credit may not be 159 claimed before July 1, 2012, or after June 30, 2036. 160
(C)(1) Upon receiving certification of a lender's loss from a 161 program administrator pursuant to the procedures in the investment 162 policy, the authority shall issue a tax credit certificate to the 163 lender, except as otherwise provided in division (D) of this 164 section. 165
(2) If the lender is a pass-through entity, as defined in 166 section 5733.04 of the Revised Code, then each equity investor in 167 the lender pass-through entity shall be entitled to claim one of 168 the tax credits allowed under division (A) of this section for 169 that equity investor's taxable year in which or with which ends 170
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171 the taxable year of the lender pass-through entity in an amount 172 based on the equity investor's distributive or proportionate share 173 of the credit amount set forth in the certificate issued by the 174 authority. If all equity investors of the lender pass-through 175 entity are not eligible to claim a credit against the same tax set 176 forth in division (A) of this section, then each equity investor 177 may elect to claim a credit against the tax to which the equity 178 investor is subject to in an amount based on the equity investor's 179 distributive or proportionate share of the credit amount set forth 180 in the certificate issued by the authority.
(3) The certificate shall state the amount of the credit and 181 the calendar year under section 5707.031, 5725.19, 5727.241, or 182 5729.08, the tax year under section 5726.53 or 5733.49, or the 183 taxable year under section 5747.80 of the Revised Code for which 184 the credit may be claimed. The authority, in conjunction with the 185 tax commissioner, shall develop a system for issuing tax credit 186 certificates for the purpose of verifying that any credit claimed 187 is a credit issued under this section and is properly taken in the 188 year specified in the certificate and in compliance with division 189 (B) of this section. 190
(D) The authority shall not, in any fiscal year, issue tax 191 credit certificates under this section in a total amount exceeding 192 twenty twenty-six million five hundred thousand dollars. The 193 authority shall not issue tax credit certificates under this 194 section in a total amount exceeding three hundred eighty million 195 dollars. 196
(E) Notwithstanding any other section of this chapter or any 197 provision of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or 198 5747. of the Revised Code, if provided by the terms of an 199 agreement entered into by the issuer and the authority under 200
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201 division (E) of section 150.02 of the Revised Code, and subject to 202 the limitations of divisions (B) and (D) of this section, a 203 trustee shall have the right, for the benefit of the issuer, to 204 receive and claim the credits authorized under division (A) of 205 this section solely for the purpose provided for in section 150.04 206 of the Revised Code, and the trustee shall be entitled to file a 207 tax return, an amended tax return, or an estimated tax return at 208 such times as are permitted or required under the applicable 209 provisions of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or 210 5747. of the Revised Code for the purpose of claiming credits 211 issued to the trustee. The trustee shall receive the proceeds of 212 such a tax credit for the benefit of the issuer, and shall apply 213 the proceeds solely to satisfy a loss or restore a reserve as 214 provided in section 150.04 of the Revised Code. Nothing in this 215 section shall require a trustee to file a tax return under any 216 chapter for any purpose other than claiming such credits if the 217 trustee is not otherwise required to make such a filing.
The general assembly may from time to time modify or repeal 218 any of the taxes against which the credits authorized under 219 division (A) of this section may be claimed, and may authorize 220 those credits to be claimed for the purposes provided for in 221 section 150.04 of the Revised Code with respect to any other tax 222 imposed by this state; provided, that if any obligations issued 223 under section 4582.71 of the Revised Code are then outstanding and 224 such modification or repeal would have the effect of impairing any 225 covenant made in or pursuant to an agreement under division (E) of 226 section 150.02 of the Revised Code regarding the maintenance or 227 restoration of reserves established and maintained with a trustee 228 consistent with division (B)(2) of section 150.04 of the Revised 229 Code and such agreement, the state shall provide other security to 230 the extent necessary to avoid or offset the impairment of such 231
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232 covenant."
In line 18357, after "149.38," insert "150.05, 150.07," 233
In line 3 of the title, after "149.38," insert "150.05, 234 150.07," 235
The motion was ______agreed to.
SYNOPSIS
Venture capital loan loss tax credit 236
R.C. 150.05 and 150.07 237
Increases from $20 million to $26.5 million the annual and 238 overall limits on venture capital loan loss tax credits available 239 to lenders to the state's venture capital loan program that lose 240 money, and the amount of principal and interest payments that may 241 be paid to lenders each year. 242
130HB483-HC0403X1/AT HC0412X4 H.B. 483 As Introduced
______moved to amend as follows:
In line 18524, after "340.10," insert "355.10," 1
Between lines 20646 and 20647, insert: 2
"Sec. 355.10. DPS DEPARTMENT OF PUBLIC SAFETY 3
General Revenue Fund 4 GRF 764501 Public Safety Grants $ 0 $ 1,500,000 5 GRF 767420 Investigative Unit - $ 10,500,000 $ 10,500,000 6 Operating TOTAL GRF General Revenue Fund $ 10,500,000 $ 10,500,000 7 12,000,000 TOTAL ALL BUDGET FUND GROUPS $ 10,500,000 $ 10,500,000 8 12,000,000
PUBLIC SAFETY GRANTS 9
The foregoing appropriation item 764501, Public Safety 10 Grants, shall be used for grants to county sheriffs' departments 11 and municipal and township police departments for the purchase of 12 MARCS equipment." 13
In line 21065, after "340.10," insert "355.10," 14
In line 38 of the title, after "340.10," insert "355.10," 15
130HB483-HC0412X4/JF HC0412X4 Page 2
The motion was ______agreed to.
SYNOPSIS
Department of Public Safety 16
Section 610.20; amends Section 355.10 of H.B. 59 17
Establishes GRF appropriation item 764501, Public Safety 18 Grants, and appropriates $1,500,000 in fiscal year 2015 to be used 19 for grants to county sheriffs' departments and municipal and 20 township police departments for the purchase of MARCS equipment. 21
130HB483-HC0412X4/JF HC0419 H.B. 483 As Introduced
______moved to amend as follows:
In line 51, after "2701.09," insert "2915.08," 1
Between lines 5834 and 5835, insert: 2
"Sec. 2915.08. (A)(1) Annually before the first day of 3 January, a charitable organization that desires to conduct bingo, 4 instant bingo at a bingo session, or instant bingo other than at a 5 bingo session shall make out, upon a form to be furnished by the 6 attorney general for that purpose, an application for a license to 7 conduct bingo, instant bingo at a bingo session, or instant bingo 8 other than at a bingo session and deliver that application to the 9 attorney general together with a license fee as follows: 10
(a) Except as otherwise provided in this division, for a 11 license for the conduct of bingo, two hundred dollars; 12
(b) For a license for the conduct of instant bingo at a bingo 13 session or instant bingo other than at a bingo session for a 14 charitable organization that previously has not been licensed 15 under this chapter to conduct instant bingo at a bingo session or 16 instant bingo other than at a bingo session, a license fee of five 17 hundred dollars, and for any other charitable organization, a 18 license fee that is based upon the gross profits received by the 19 charitable organization from the operation of instant bingo at a 20
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21 bingo session or instant bingo other than at a bingo session, 22 during the one-year period ending on the thirty-first day of 23 October of the year immediately preceding the year for which the 24 license is sought, and that is one of the following:
(i) Five hundred dollars, if the total is fifty thousand 25 dollars or less; 26
(ii) One thousand two hundred fifty dollars plus one-fourth 27 per cent of the gross profit, if the total is more than fifty 28 thousand dollars but less than two hundred fifty thousand one 29 dollars; 30
(iii) Two thousand two hundred fifty dollars plus one-half 31 per cent of the gross profit, if the total is more than two 32 hundred fifty thousand dollars but less than five hundred thousand 33 one dollars; 34
(iv) Three thousand five hundred dollars plus one per cent of 35 the gross profit, if the total is more than five hundred thousand 36 dollars but less than one million one dollars; 37
(v) Five thousand dollars plus one per cent of the gross 38 profit, if the total is one million one dollars or more; 39
(c) A reduced license fee established by the attorney general 40 pursuant to division (G) of this section. 41
(d) For a license to conduct bingo for a charitable 42 organization that prior to July 1, 2003, has not been licensed 43 under this chapter to conduct bingo, instant bingo at a bingo 44 session, or instant bingo other than at a bingo session, a license 45 fee established by rule by the attorney general in accordance with 46 division (H) of this section. 47
(2) The application shall be in the form prescribed by the 48 attorney general, shall be signed and sworn to by the applicant, 49
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50 and shall contain all of the following:
(a) The name and post-office address of the applicant; 51
(b) A statement that the applicant is a charitable 52 organization and that it has been in continuous existence as a 53 charitable organization in this state for two years immediately 54 preceding the making of the application; 55
(c) The location at which the organization will conduct 56 bingo, which location shall be within the county in which the 57 principal place of business of the applicant is located, the days 58 of the week and the times on each of those days when bingo will be 59 conducted, whether the organization owns, leases, or subleases the 60 premises, and a copy of the rental agreement if it leases or 61 subleases the premises; 62
(d) A statement of the applicant's previous history, record, 63 and association that is sufficient to establish that the applicant 64 is a charitable organization, and a copy of a determination letter 65 that is issued by the Internal Revenue Service and states that the 66 organization is tax exempt under subsection 501(a) and described 67 in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 68 501(c)(10), or 501(c)(19) of the Internal Revenue Code; 69
(e) A statement as to whether the applicant has ever had any 70 previous application refused, whether it previously has had a 71 license revoked or suspended, and the reason stated by the 72 attorney general for the refusal, revocation, or suspension; 73
(f) A statement of the charitable purposes for which the net 74 profit derived from bingo, other than instant bingo, will be used, 75 and a statement of how the net profit derived from instant bingo 76 will be distributed in accordance with section 2915.101 of the 77 Revised Code; 78
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(g) Other necessary and reasonable information that the 79 attorney general may require by rule adopted pursuant to section 80 111.15 of the Revised Code; 81
(h) If the applicant is a charitable trust as defined in 82 section 109.23 of the Revised Code, a statement as to whether it 83 has registered with the attorney general pursuant to section 84 109.26 of the Revised Code or filed annual reports pursuant to 85 section 109.31 of the Revised Code, and, if it is not required to 86 do either, the exemption in section 109.26 or 109.31 of the 87 Revised Code that applies to it; 88
(i) If the applicant is a charitable organization as defined 89 in section 1716.01 of the Revised Code, a statement as to whether 90 it has filed with the attorney general a registration statement 91 pursuant to section 1716.02 of the Revised Code and a financial 92 report pursuant to section 1716.04 of the Revised Code, and, if it 93 is not required to do both, the exemption in section 1716.03 of 94 the Revised Code that applies to it; 95
(j) In the case of an applicant seeking to qualify as a youth 96 athletic park organization, a statement issued by a board or body 97 vested with authority under Chapter 755. of the Revised Code for 98 the supervision and maintenance of recreation facilities in the 99 territory in which the organization is located, certifying that 100 the playing fields owned by the organization were used for at 101 least one hundred days during the year in which the statement is 102 issued, and were open for use to all residents of that territory, 103 regardless of race, color, creed, religion, sex, or national 104 origin, for athletic activities by youth athletic organizations 105 that do not discriminate on the basis of race, color, creed, 106 religion, sex, or national origin, and that the fields were not 107 used for any profit-making activity at any time during the year. 108
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109 That type of board or body is authorized to issue the statement 110 upon request and shall issue the statement if it finds that the 111 applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving 112 a timely filed application from a charitable organization that has 113 been issued a license under this section that has not expired and 114 has not been revoked or suspended, shall send a temporary permit 115 to the applicant specifying the date on which the application was 116 filed with the attorney general and stating that, pursuant to 117 section 119.06 of the Revised Code, the applicant may continue to 118 conduct bingo until a new license is granted or, if the 119 application is rejected, until fifteen days after notice of the 120 rejection is mailed to the applicant. The temporary permit does 121 not affect the validity of the applicant's application and does 122 not grant any rights to the applicant except those rights 123 specifically granted in section 119.06 of the Revised Code. The 124 issuance of a temporary permit by the attorney general pursuant to 125 this division does not prohibit the attorney general from 126 rejecting the applicant's application because of acts that the 127 applicant committed, or actions that the applicant failed to take, 128 before or after the issuance of the temporary permit. 129
(4) Within thirty days after receiving an initial license 130 application from a charitable organization to conduct bingo, 131 instant bingo at a bingo session, or instant bingo other than at a 132 bingo session, the attorney general shall conduct a preliminary 133 review of the application and notify the applicant regarding any 134 deficiencies. Once an application is deemed complete, or beginning 135 on the thirtieth day after the application is filed, if the 136 attorney general failed to notify the applicant of any 137 deficiencies, the attorney general shall have an additional sixty 138 days to conduct an investigation and either grant or deny the 139
130HB483-HC0419/RH HC0419 Page 6
140 application based on findings established and communicated in 141 accordance with divisions (B) and (E) of this section. As an 142 option to granting or denying an initial license application, the 143 attorney general may grant a temporary license and request 144 additional time to conduct the investigation if the attorney 145 general has cause to believe that additional time is necessary to 146 complete the investigation and has notified the applicant in 147 writing about the specific concerns raised during the 148 investigation.
(B)(1) The attorney general shall adopt rules to enforce 149 sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised 150 Code to ensure that bingo or instant bingo is conducted in 151 accordance with those sections and to maintain proper control over 152 the conduct of bingo or instant bingo. The rules, except rules 153 adopted pursuant to divisions (A)(2)(g) and (G) of this section, 154 shall be adopted pursuant to Chapter 119. of the Revised Code. The 155 attorney general shall license charitable organizations to conduct 156 bingo, instant bingo at a bingo session, or instant bingo other 157 than at a bingo session in conformance with this chapter and with 158 the licensing provisions of Chapter 119. of the Revised Code. 159
(2) The attorney general may refuse to grant a license to any 160 organization, or revoke or suspend the license of any 161 organization, that does any of the following or to which any of 162 the following applies: 163
(a) Fails or has failed at any time to meet any requirement 164 of section 109.26, 109.31, or 1716.02, or sections 2915.07 to 165 2915.11 of the Revised Code, or violates or has violated any 166 provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised 167 Code or any rule adopted by the attorney general pursuant to this 168 section; 169
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(b) Makes or has made an incorrect or false statement that is 170 material to the granting of the license in an application filed 171 pursuant to division (A) of this section; 172
(c) Submits or has submitted any incorrect or false 173 information relating to an application if the information is 174 material to the granting of the license; 175
(d) Maintains or has maintained any incorrect or false 176 information that is material to the granting of the license in the 177 records required to be kept pursuant to divisions (A) and (C) of 178 section 2915.10 of the Revised Code, if applicable; 179
(e) The attorney general has good cause to believe that the 180 organization will not conduct bingo, instant bingo at a bingo 181 session, or instant bingo other than at a bingo session in 182 accordance with sections 2915.07 to 2915.13 of the Revised Code or 183 with any rule adopted by the attorney general pursuant to this 184 section. 185
(3) For the purposes of division (B) of this section, any 186 action of an officer, trustee, agent, representative, or bingo 187 game operator of an organization is an action of the organization. 188
(C) The attorney general may grant licenses to charitable 189 organizations that are branches, lodges, or chapters of national 190 charitable organizations. 191
(D) The attorney general shall send notice in writing to the 192 prosecuting attorney and sheriff of the county in which the 193 organization will conduct bingo, instant bingo at a bingo session, 194 or instant bingo other than at a bingo session, as stated in its 195 application for a license or amended license, and to any other law 196 enforcement agency in that county that so requests, of all of the 197 following: 198
130HB483-HC0419/RH HC0419 Page 8
(1) The issuance of the license; 199
(2) The issuance of the amended license; 200
(3) The rejection of an application for and refusal to grant 201 a license; 202
(4) The revocation of any license previously issued; 203
(5) The suspension of any license previously issued. 204
(E) A license issued by the attorney general shall set forth 205 the information contained on the application of the charitable 206 organization that the attorney general determines is relevant, 207 including, but not limited to, the location at which the 208 organization will conduct bingo, instant bingo at a bingo session, 209 or instant bingo other than at a bingo session and the days of the 210 week and the times on each of those days when bingo will be 211 conducted. If the attorney general refuses to grant or revokes or 212 suspends a license, the attorney general shall notify the 213 applicant in writing and specifically identify the reason for the 214 refusal, revocation, or suspension in narrative form and, if 215 applicable, by identifying the section of the Revised Code 216 violated. The failure of the attorney general to give the written 217 notice of the reasons for the refusal, revocation, or suspension 218 or a mistake in the written notice does not affect the validity of 219 the attorney general's refusal to grant, or the revocation or 220 suspension of, a license. If the attorney general fails to give 221 the written notice or if there is a mistake in the written notice, 222 the applicant may bring an action to compel the attorney general 223 to comply with this division or to correct the mistake, but the 224 attorney general's order refusing to grant, or revoking or 225 suspending, a license shall not be enjoined during the pendency of 226 the action. 227
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(F) A charitable organization that has been issued a license 228 pursuant to division (B) of this section but that cannot conduct 229 bingo or instant bingo at the location, or on the day of the week 230 or at the time, specified on the license due to circumstances that 231 make it impractical to do so, or that desires to conduct instant 232 bingo other than at a bingo session at additional locations not 233 identified on the license, may apply in writing, together with an 234 application fee of two hundred fifty dollars, to the attorney 235 general, at least thirty days prior to a change in or addition of 236 a location, day of the week, or time, and request an amended 237 license. The As applicable, the application shall describe the 238 causes making it impractical for the organization to conduct bingo 239 or instant bingo in conformity with its license and shall indicate 240 the location, days of the week, and times on each of those days 241 when it desires to conduct bingo or instant bingo and, as 242 applicable, shall indicate the additional locations at which it 243 desires to conduct instant bingo other than at a bingo session. 244 Except as otherwise provided in this division, the attorney 245 general shall issue the amended license in accordance with 246 division (E) of this section, and the organization shall surrender 247 its original license to the attorney general. The attorney general 248 may refuse to grant an amended license according to the terms of 249 division (B) of this section. 250
(G) The attorney general, by rule adopted pursuant to section 251 111.15 of the Revised Code, shall establish a schedule of reduced 252 license fees for charitable organizations that desire to conduct 253 bingo or instant bingo during fewer than twenty-six weeks in any 254 calendar year. 255
(H) The attorney general, by rule adopted pursuant to section 256 111.15 of the Revised Code, shall establish license fees for the 257 conduct of bingo, instant bingo at a bingo session, or instant 258
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259 bingo other than at a bingo session for charitable organizations 260 that prior to July 1, 2003, have not been licensed to conduct 261 bingo, instant bingo at a bingo session, or instant bingo other 262 than at a bingo session under this chapter.
(I) The attorney general may enter into a written contract 263 with any other state agency to delegate to that state agency the 264 powers prescribed to the attorney general under Chapter 2915. of 265 the Revised Code. 266
(J) The attorney general, by rule adopted pursuant to section 267 111.15 of the Revised Code, may adopt rules to determine the 268 requirements for a charitable organization that is exempt from 269 federal income taxation under subsection 501(a) and described in 270 subsection 501(c)(3) of the Internal Revenue Code to be in good 271 standing in the state." 272
In line 18361, after "2701.09," insert "2915.08," 273
In line 8 of the title, after "2701.09," insert "2915.08," 274
The motion was ______agreed to.
SYNOPSIS
Instant bingo other than at a bingo session 275
R.C. 2915.08 276
Permits a properly licensed charitable organization that 277 desires to conduct instant bingo other than at a bingo session at 278 additional locations not identified on the license to apply in 279 writing to the Attorney General for an amended license. 280
Requires the application to indicate the additional locations 281
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282 at which the organization desires to conduct instant bingo other 283 than at a bingo session.
130HB483-HC0419/RH HC0420 H.B. 483 As Introduced
______moved to amend as follows:
In line 60, after "4905.81," insert "4905.911," 1
Between lines 12750 and 12751, insert: 2
"Sec. 4905.911. (A)(1) Except as provided in division (A)(2) 3 of this section: 4
(a) The public utilities commission shall require an operator 5 of either of the following types of pipelines that was completely 6 constructed on or after the effective date of this section 7 September 10, 2012, and that transports gas produced by a 8 horizontal well to comply with the applicable pipe design 9 requirements of 49 C.F.R. 192 subpart C: 10
(a)(i) A gas gathering pipeline; 11
(b)(ii) A processing plant gas stub pipeline. 12
(2)(b) The commission shall also require the operator to do 13 all of the following regarding that pipeline: 14
(a)(i) Design, install, construct, initially inspect, and 15 initially test the pipeline in accordance with the requirements of 16 49 C.F.R. 192 if the pipeline is new, replaced, relocated, or 17 otherwise changed; 18
(b)(ii) Control corrosion according to requirements of 49 19
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C.F.R. 192 subpart I if the pipeline is metallic; 20
(c)(iii) Establish and carry out a damage prevention program 21 under 49 C.F.R. 192.614; 22
(d)(iv) Establish and carry out a public education program 23 under 49 C.F.R. 192.616; 24
(e)(v) Establish the MAOP of the pipeline under 49 C.F.R. 25 192.619; 26
(f)(vi) Install and maintain pipeline markers according to 27 the requirements for transmission lines under 49 C.F.R. 192.707; 28
(g)(vii) Perform leakage surveys according to requirements in 29 49 C.F.R. 192.706; 30
(h)(viii) Retain a record of each required leakage survey 31 conducted under division (A)(2)(g)(1)(v)(vii) of this section and 32 49 C.F.R. 192.706 for five years or until the next leakage survey 33 is completed, whichever time period is longer. 34
(2) The commission may, at its discretion and in accordance 35 with subsection (d) of 49 U.S.C. 60118, waive compliance with a 36 pipe design requirement of 49 C.F.R. 192 subpart C. 37
(B)(1) Any person who plans to construct a pipeline subject 38 to division (A) of this section after the effective date of this 39 section September 10, 2012, shall file with the public utilities 40 commission division of pipeline safety a form approved by the 41 division that includes all of the following information: 42
(a) The route of the proposed pipeline; 43
(b) The MAOP of the pipeline; 44
(c) The outside diameter of the pipeline; 45
(d) The wall thickness of the pipeline; 46
130HB483-HC0420/AT HC0420 Page 3
(e) The material that the pipeline will be made of; 47
(f) The yield strength of the pipeline. 48
The form shall be filed with the division not later than 49 twenty-one days prior to the commencement of construction of the 50 pipeline. 51
(2) Not later than sixty days after the completion of 52 construction of a pipeline subject to division (B)(1) of this 53 section, the operator of the pipeline shall file with the public 54 utilities commission division of pipeline safety an explanation of 55 the constructed pipeline's route and operating information. 56
(C) For purposes of this section: 57
(1) "Horizontal well" has the same meaning as in section 58 1509.01 of the Revised Code. 59
(2) "Operator" means any person that owns, operates, manages, 60 controls, or leases a gas gathering pipeline or a processing plant 61 gas stub pipeline." 62
In line 18369, after "4905.81," insert "4905.911," 63
In line 20 of the title, after "4905.81," insert "4905.911," 64
The motion was ______agreed to.
SYNOPSIS
Transporting horizontal well gas: federal pipeline 65 requirements waiver 66
R.C. 4905.911 67
Permits the Public Utilities Commission of Ohio to, at its 68
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69 discretion and in accordance with federal law, waive compliance 70 with the federal gas pipeline design requirement regulations 71 applicable to operators of certain pipelines that transport gas 72 produced by horizontal wells.
130HB483-HC0420/AT HC0424 H.B. 483 As Introduced
______moved to amend as follows:
In line 66, after "5513.01," insert "5709.40," 1
Between lines 18264 and 18265, insert: 2
"Sec. 5709.40. (A) As used in this section: 3
(1) "Blighted area" and "impacted city" have the same 4 meanings as in section 1728.01 of the Revised Code. 5
(2) "Business day" means a day of the week excluding 6 Saturday, Sunday, and a legal holiday as defined under section 7 1.14 of the Revised Code. 8
(3) "Housing renovation" means a project carried out for 9 residential purposes. 10
(4) "Improvement" means the increase in the assessed value of 11 any real property that would first appear on the tax list and 12 duplicate of real and public utility property after the effective 13 date of an ordinance adopted under this section were it not for 14 the exemption granted by that ordinance. 15
(5) "Incentive district" means an area not more than three 16 hundred acres in size enclosed by a continuous boundary in which a 17 project is being, or will be, undertaken and having one or more of 18 the following distress characteristics: 19
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(a) At least fifty-one per cent of the residents of the 20 district have incomes of less than eighty per cent of the median 21 income of residents of the political subdivision in which the 22 district is located, as determined in the same manner specified 23 under section 119(b) of the "Housing and Community Development Act 24 of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended; 25
(b) The average rate of unemployment in the district during 26 the most recent twelve-month period for which data are available 27 is equal to at least one hundred fifty per cent of the average 28 rate of unemployment for this state for the same period. 29
(c) At least twenty per cent of the people residing in the 30 district live at or below the poverty level as defined in the 31 federal Housing and Community Development Act of 1974, 42 U.S.C. 32 5301, as amended, and regulations adopted pursuant to that act. 33
(d) The district is a blighted area. 34
(e) The district is in a situational distress area as 35 designated by the director of development services under division 36 (F) of section 122.23 of the Revised Code. 37
(f) As certified by the engineer for the political 38 subdivision, the public infrastructure serving the district is 39 inadequate to meet the development needs of the district as 40 evidenced by a written economic development plan or urban renewal 41 plan for the district that has been adopted by the legislative 42 authority of the subdivision. 43
(g) The district is comprised entirely of unimproved land 44 that is located in a distressed area as defined in section 122.23 45 of the Revised Code. 46
(6) "Project" means development activities undertaken on one 47 or more parcels, including, but not limited to, construction, 48
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49 expansion, and alteration of buildings or structures, demolition, 50 remediation, and site development, and any building or structure 51 that results from those activities.
(7) "Public infrastructure improvement" includes, but is not 52 limited to, public roads and highways; water and sewer lines; 53 environmental remediation; land acquisition, including acquisition 54 in aid of industry, commerce, distribution, or research; 55 demolition, including demolition on private property when 56 determined to be necessary for economic development purposes; 57 stormwater and flood remediation projects, including such projects 58 on private property when determined to be necessary for public 59 health, safety, and welfare; the provision of gas, electric, and 60 communications service facilities, including the provision of gas 61 or electric service facilities owned by nongovernmental entities 62 when such improvements are determined to be necessary for economic 63 development purposes; and the enhancement of public waterways 64 through improvements that allow for greater public access. 65
(B) The legislative authority of a municipal corporation, by 66 ordinance, may declare improvements to certain parcels of real 67 property located in the municipal corporation to be a public 68 purpose. Improvements with respect to a parcel that is used or to 69 be used for residential purposes may be declared a public purpose 70 under this division only if the parcel is located in a blighted 71 area of an impacted city. For this purpose, "parcel that is used 72 or to be used for residential purposes" means a parcel that, as 73 improved, is used or to be used for purposes that would cause the 74 tax commissioner to classify the parcel as residential property in 75 accordance with rules adopted by the commissioner under section 76 5713.041 of the Revised Code. Except with the approval under 77 division (D) of this section of the board of education of each 78 city, local, or exempted village school district within which the 79
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80 improvements are located, not more than seventy-five per cent of 81 an improvement thus declared to be a public purpose may be 82 exempted from real property taxation for a period of not more than 83 ten years. The ordinance shall specify the percentage of the 84 improvement to be exempted from taxation and the life of the 85 exemption.
An ordinance adopted or amended under this division shall 86 designate the specific public infrastructure improvements made, to 87 be made, or in the process of being made by the municipal 88 corporation that directly benefit, or that once made will directly 89 benefit, the parcels for which improvements are declared to be a 90 public purpose. The service payments provided for in section 91 5709.42 of the Revised Code shall be used to finance the public 92 infrastructure improvements designated in the ordinance, for the 93 purpose described in division (D)(1) of this section or as 94 provided in section 5709.43 of the Revised Code. 95
(C)(1) The legislative authority of a municipal corporation 96 may adopt an ordinance creating an incentive district and 97 declaring improvements to parcels within the district to be a 98 public purpose and, except as provided in division (F) of this 99 section, exempt from taxation as provided in this section, but no 100 legislative authority of a municipal corporation that has a 101 population that exceeds twenty-five thousand, as shown by the most 102 recent federal decennial census, shall adopt an ordinance that 103 creates an incentive district if the sum of the taxable value of 104 real property in the proposed district for the preceding tax year 105 and the taxable value of all real property in the municipal 106 corporation that would have been taxable in the preceding year 107 were it not for the fact that the property was in an existing 108 incentive district and therefore exempt from taxation exceeds 109 twenty-five per cent of the taxable value of real property in the 110
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111 municipal corporation for the preceding tax year. The ordinance 112 shall delineate the boundary of the district and specifically 113 identify each parcel within the district. A district may not 114 include any parcel that is or has been exempted from taxation 115 under division (B) of this section or that is or has been within 116 another district created under this division. An ordinance may 117 create more than one such district, and more than one ordinance 118 may be adopted under division (C)(1) of this section.
(2) Not later than thirty days prior to adopting an ordinance 119 under division (C)(1) of this section, if the municipal 120 corporation intends to apply for exemptions from taxation under 121 section 5709.911 of the Revised Code on behalf of owners of real 122 property located within the proposed incentive district, the 123 legislative authority of a municipal corporation shall conduct a 124 public hearing on the proposed ordinance. Not later than thirty 125 days prior to the public hearing, the legislative authority shall 126 give notice of the public hearing and the proposed ordinance by 127 first class mail to every real property owner whose property is 128 located within the boundaries of the proposed incentive district 129 that is the subject of the proposed ordinance. 130
(3)(a) An ordinance adopted under division (C)(1) of this 131 section shall specify the life of the incentive district and the 132 percentage of the improvements to be exempted, shall designate the 133 public infrastructure improvements made, to be made, or in the 134 process of being made, that benefit or serve, or, once made, will 135 benefit or serve parcels in the district. The ordinance also shall 136 identify one or more specific projects being, or to be, undertaken 137 in the district that place additional demand on the public 138 infrastructure improvements designated in the ordinance. The 139 project identified may, but need not be, the project under 140 division (C)(3)(b) of this section that places real property in 141
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142 use for commercial or industrial purposes. Except as otherwise 143 permitted under that division, the service payments provided for 144 in section 5709.42 of the Revised Code shall be used to finance 145 the designated public infrastructure improvements, for the purpose 146 described in division (D)(1) or (E) of this section, or as 147 provided in section 5709.43 of the Revised Code.
An ordinance adopted under division (C)(1) of this section on 148 or after March 30, 2006, shall not designate police or fire 149 equipment as public infrastructure improvements, and no service 150 payment provided for in section 5709.42 of the Revised Code and 151 received by the municipal corporation under the ordinance shall be 152 used for police or fire equipment. 153
(b) An ordinance adopted under division (C)(1) of this 154 section may authorize the use of service payments provided for in 155 section 5709.42 of the Revised Code for the purpose of housing 156 renovations within the incentive district, provided that the 157 ordinance also designates public infrastructure improvements that 158 benefit or serve the district, and that a project within the 159 district places real property in use for commercial or industrial 160 purposes. Service payments may be used to finance or support 161 loans, deferred loans, and grants to persons for the purpose of 162 housing renovations within the district. The ordinance shall 163 designate the parcels within the district that are eligible for 164 housing renovation. The ordinance shall state separately the 165 amounts or the percentages of the expected aggregate service 166 payments that are designated for each public infrastructure 167 improvement and for the general purpose of housing renovations. 168
(4) Except with the approval of the board of education of 169 each city, local, or exempted village school district within the 170 territory of which the incentive district is or will be located, 171
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172 and subject to division (E) of this section, the life of an 173 incentive district shall not exceed ten years, and the percentage 174 of improvements to be exempted shall not exceed seventy-five per 175 cent. With approval of the board of education, the life of a 176 district may be not more than thirty years, and the percentage of 177 improvements to be exempted may be not more than one hundred per 178 cent. The approval of a board of education shall be obtained in 179 the manner provided in division (D) of this section.
(D)(1) If the ordinance declaring improvements to a parcel to 180 be a public purpose or creating an incentive district specifies 181 that payments in lieu of taxes provided for in section 5709.42 of 182 the Revised Code shall be paid to the city, local, or exempted 183 village, and joint vocational school district in which the parcel 184 or incentive district is located in the amount of the taxes that 185 would have been payable to the school district if the improvements 186 had not been exempted from taxation, the percentage of the 187 improvement that may be exempted from taxation may exceed 188 seventy-five per cent, and the exemption may be granted for up to 189 thirty years, without the approval of the board of education as 190 otherwise required under division (D)(2) of this section. 191
(2) Improvements with respect to a parcel may be exempted 192 from taxation under division (B) of this section, and improvements 193 to parcels within an incentive district may be exempted from 194 taxation under division (C) of this section, for up to ten years 195 or, with the approval under this paragraph of the board of 196 education of the city, local, or exempted village school district 197 within which the parcel or district is located, for up to thirty 198 years. The percentage of the improvement exempted from taxation 199 may, with such approval, exceed seventy-five per cent, but shall 200 not exceed one hundred per cent. Not later than forty-five 201 business days prior to adopting an ordinance under this section 202
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203 declaring improvements to be a public purpose that is subject to 204 approval by a board of education under this division, the 205 legislative authority shall deliver to the board of education a 206 notice stating its intent to adopt an ordinance making that 207 declaration. The notice regarding improvements with respect to a 208 parcel under division (B) of this section shall identify the 209 parcels for which improvements are to be exempted from taxation, 210 provide an estimate of the true value in money of the 211 improvements, specify the period for which the improvements would 212 be exempted from taxation and the percentage of the improvement 213 that would be exempted, and indicate the date on which the 214 legislative authority intends to adopt the ordinance. The notice 215 regarding improvements to parcels within an incentive district 216 under division (C) of this section shall delineate the boundaries 217 of the district, specifically identify each parcel within the 218 district, identify each anticipated improvement in the district, 219 provide an estimate of the true value in money of each such 220 improvement, specify the life of the district and the percentage 221 of improvements that would be exempted, and indicate the date on 222 which the legislative authority intends to adopt the ordinance. 223 The board of education, by resolution adopted by a majority of the 224 board, may approve the exemption for the period or for the 225 exemption percentage specified in the notice; may disapprove the 226 exemption for the number of years in excess of ten, may disapprove 227 the exemption for the percentage of the improvement to be exempted 228 in excess of seventy-five per cent, or both; or may approve the 229 exemption on the condition that the legislative authority and the 230 board negotiate an agreement providing for compensation to the 231 school district equal in value to a percentage of the amount of 232 taxes exempted in the eleventh and subsequent years of the 233 exemption period or, in the case of exemption percentages in
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234 excess of seventy-five per cent, compensation equal in value to a 235 percentage of the taxes that would be payable on the portion of 236 the improvement in excess of seventy-five per cent were that 237 portion to be subject to taxation, or other mutually agreeable 238 compensation. If an agreement is negotiated between the 239 legislative authority and the board to compensate the school 240 district for all or part of the taxes exempted, including 241 agreements for payments in lieu of taxes under section 5709.42 of 242 the Revised Code, the legislative authority shall compensate the 243 joint vocational school district within which the parcel or 244 district is located at the same rate and under the same terms 245 received by the city, local, or exempted village school district.
(3) The board of education shall certify its resolution to 246 the legislative authority not later than fourteen days prior to 247 the date the legislative authority intends to adopt the ordinance 248 as indicated in the notice. If the board of education and the 249 legislative authority negotiate a mutually acceptable compensation 250 agreement, the ordinance may declare the improvements a public 251 purpose for the number of years specified in the ordinance or, in 252 the case of exemption percentages in excess of seventy-five per 253 cent, for the exemption percentage specified in the ordinance. In 254 either case, if the board and the legislative authority fail to 255 negotiate a mutually acceptable compensation agreement, the 256 ordinance may declare the improvements a public purpose for not 257 more than ten years, and shall not exempt more than seventy-five 258 per cent of the improvements from taxation. If the board fails to 259 certify a resolution to the legislative authority within the time 260 prescribed by this division, the legislative authority thereupon 261 may adopt the ordinance and may declare the improvements a public 262 purpose for up to thirty years, or, in the case of exemption 263 percentages proposed in excess of seventy-five per cent, for the 264
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265 exemption percentage specified in the ordinance. The legislative 266 authority may adopt the ordinance at any time after the board of 267 education certifies its resolution approving the exemption to the 268 legislative authority, or, if the board approves the exemption on 269 the condition that a mutually acceptable compensation agreement be 270 negotiated, at any time after the compensation agreement is agreed 271 to by the board and the legislative authority.
(4) If a board of education has adopted a resolution waiving 272 its right to approve exemptions from taxation under this section 273 and the resolution remains in effect, approval of exemptions by 274 the board is not required under division (D) of this section. If a 275 board of education has adopted a resolution allowing a legislative 276 authority to deliver the notice required under division (D) of 277 this section fewer than forty-five business days prior to the 278 legislative authority's adoption of the ordinance, the legislative 279 authority shall deliver the notice to the board not later than the 280 number of days prior to such adoption as prescribed by the board 281 in its resolution. If a board of education adopts a resolution 282 waiving its right to approve agreements or shortening the 283 notification period, the board shall certify a copy of the 284 resolution to the legislative authority. If the board of education 285 rescinds such a resolution, it shall certify notice of the 286 rescission to the legislative authority. 287
(5) If the legislative authority is not required by division 288 (D) of this section to notify the board of education of the 289 legislative authority's intent to declare improvements to be a 290 public purpose, the legislative authority shall comply with the 291 notice requirements imposed under section 5709.83 of the Revised 292 Code, unless the board has adopted a resolution under that section 293 waiving its right to receive such a notice. 294
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(E)(1) If a proposed ordinance under division (C)(1) of this 295 section exempts improvements with respect to a parcel within an 296 incentive district for more than ten years, or the percentage of 297 the improvement exempted from taxation exceeds seventy-five per 298 cent, not later than forty-five business days prior to adopting 299 the ordinance the legislative authority of the municipal 300 corporation shall deliver to the board of county commissioners of 301 the county within which the incentive district will be located a 302 notice that states its intent to adopt an ordinance creating an 303 incentive district. The notice shall include a copy of the 304 proposed ordinance, identify the parcels for which improvements 305 are to be exempted from taxation, provide an estimate of the true 306 value in money of the improvements, specify the period of time for 307 which the improvements would be exempted from taxation, specify 308 the percentage of the improvements that would be exempted from 309 taxation, and indicate the date on which the legislative authority 310 intends to adopt the ordinance. 311
(2) The board of county commissioners, by resolution adopted 312 by a majority of the board, may object to the exemption for the 313 number of years in excess of ten, may object to the exemption for 314 the percentage of the improvement to be exempted in excess of 315 seventy-five per cent, or both. If the board of county 316 commissioners objects, the board may negotiate a mutually 317 acceptable compensation agreement with the legislative authority. 318 In no case shall the compensation provided to the board exceed the 319 property taxes forgone due to the exemption. If the board of 320 county commissioners objects, and the board and legislative 321 authority fail to negotiate a mutually acceptable compensation 322 agreement, the ordinance adopted under division (C)(1) of this 323 section shall provide to the board compensation in the eleventh 324 and subsequent years of the exemption period equal in value to not 325
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326 more than fifty per cent of the taxes that would be payable to the 327 county or, if the board's objection includes an objection to an 328 exemption percentage in excess of seventy-five per cent, 329 compensation equal in value to not more than fifty per cent of the 330 taxes that would be payable to the county, on the portion of the 331 improvement in excess of seventy-five per cent, were that portion 332 to be subject to taxation. The board of county commissioners shall 333 certify its resolution to the legislative authority not later than 334 thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or 335 fails to certify its resolution objecting to an exemption within 336 thirty days after receipt of the notice, the legislative authority 337 may adopt the ordinance, and no compensation shall be provided to 338 the board of county commissioners. If the board timely certifies 339 its resolution objecting to the ordinance, the legislative 340 authority may adopt the ordinance at any time after a mutually 341 acceptable compensation agreement is agreed to by the board and 342 the legislative authority, or, if no compensation agreement is 343 negotiated, at any time after the legislative authority agrees in 344 the proposed ordinance to provide compensation to the board of 345 fifty per cent of the taxes that would be payable to the county in 346 the eleventh and subsequent years of the exemption period or on 347 the portion of the improvement in excess of seventy-five per cent, 348 were that portion to be subject to taxation. 349
(F) Service payments in lieu of taxes that are attributable 350 to any amount by which the effective tax rate of either a renewal 351 levy with an increase or a replacement levy exceeds the effective 352 tax rate of the levy renewed or replaced, or that are attributable 353 to an additional levy, for a levy authorized by the voters for any 354 of the following purposes on or after January 1, 2006, and which 355 are provided pursuant to an ordinance creating an incentive 356
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357 district under division (C)(1) of this section that is adopted on 358 or after January 1, 2006, shall be distributed to the appropriate 359 taxing authority as required under division (C) of section 5709.42 360 of the Revised Code in an amount equal to the amount of taxes from 361 that additional levy or from the increase in the effective tax 362 rate of such renewal or replacement levy that would have been 363 payable to that taxing authority from the following levies were it 364 not for the exemption authorized under division (C) of this 365 section:
(1) A tax levied under division (L) of section 5705.19 or 366 section 5705.191 of the Revised Code for community mental 367 retardation and developmental disabilities programs and services 368 pursuant to Chapter 5126. of the Revised Code; 369
(2) A tax levied under division (Y) of section 5705.19 of the 370 Revised Code for providing or maintaining senior citizens services 371 or facilities; 372
(3) A tax levied under section 5705.22 of the Revised Code 373 for county hospitals; 374
(4) A tax levied by a joint-county district or by a county 375 under section 5705.19, 5705.191, or 5705.221 of the Revised Code 376 for alcohol, drug addiction, and mental health services or 377 facilities; 378
(5) A tax levied under section 5705.23 of the Revised Code 379 for library purposes; 380
(6) A tax levied under section 5705.24 of the Revised Code 381 for the support of children services and the placement and care of 382 children; 383
(7) A tax levied under division (Z) of section 5705.19 of the 384 Revised Code for the provision and maintenance of zoological park 385
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386 services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of 387 section 5705.19 of the Revised Code for the support of township 388 park districts; 389
(9) A tax levied under division (A), (F), or (H) of section 390 5705.19 of the Revised Code for parks and recreational purposes of 391 a joint recreation district organized pursuant to division (B) of 392 section 755.14 of the Revised Code; 393
(10) A tax levied under section 1545.20 or 1545.21 of the 394 Revised Code for park district purposes; 395
(11) A tax levied under section 5705.191 of the Revised Code 396 for the purpose of making appropriations for public assistance; 397 human or social services; public relief; public welfare; public 398 health and hospitalization; and support of general hospitals; 399
(12) A tax levied under section 3709.29 of the Revised Code 400 for a general health district program. 401
(G) An exemption from taxation granted under this section 402 commences with the tax year specified in the ordinance so long as 403 the year specified in the ordinance commences after the effective 404 date of the ordinance. If the ordinance specifies a year 405 commencing before the effective date of the resolution or 406 specifies no year whatsoever, the exemption commences with the tax 407 year in which an exempted improvement first appears on the tax 408 list and duplicate of real and public utility property and that 409 commences after the effective date of the ordinance. In lieu of 410 stating a specific year, the ordinance may provide that the 411 exemption commences in the tax year in which the value of an 412 improvement exceeds a specified amount or in which the 413 construction of one or more improvements is completed, provided 414
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415 that such tax year commences after the effective date of the 416 ordinance. With respect to the exemption of improvements to 417 parcels under division (B) of this section, the ordinance may 418 allow for the exemption to commence in different tax years on a 419 parcel-by-parcel basis, with a separate exemption term specified 420 for each parcel.
Except as otherwise provided in this division, the exemption 421 ends on the date specified in the ordinance as the date the 422 improvement ceases to be a public purpose or the incentive 423 district expires, or ends on the date on which the public 424 infrastructure improvements and housing renovations are paid in 425 full from the municipal public improvement tax increment 426 equivalent fund established under division (A) of section 5709.43 427 of the Revised Code, whichever occurs first. The exemption of an 428 improvement with respect to a parcel or within an incentive 429 district may end on a later date, as specified in the ordinance, 430 if the legislative authority and the board of education of the 431 city, local, or exempted village school district within which the 432 parcel or district is located have entered into a compensation 433 agreement under section 5709.82 of the Revised Code with respect 434 to the improvement, and the board of education has approved the 435 term of the exemption under division (D)(2) of this section, but 436 in no case shall the improvement be exempted from taxation for 437 more than thirty years. Exemptions shall be claimed and allowed in 438 the same manner as in the case of other real property exemptions. 439 If an exemption status changes during a year, the procedure for 440 the apportionment of the taxes for that year is the same as in the 441 case of other changes in tax exemption status during the year. 442
(H) Additional municipal financing of public infrastructure 443 improvements and housing renovations may be provided by any 444 methods that the municipal corporation may otherwise use for 445
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446 financing such improvements or renovations. If the municipal 447 corporation issues bonds or notes to finance the public 448 infrastructure improvements and housing renovations and pledges 449 money from the municipal public improvement tax increment 450 equivalent fund to pay the interest on and principal of the bonds 451 or notes, the bonds or notes are not subject to Chapter 133. of 452 the Revised Code.
(I) The municipal corporation, not later than fifteen days 453 after the adoption of an ordinance under this section, shall 454 submit to the director of development services a copy of the 455 ordinance. On or before the thirty-first day of March of each 456 year, the municipal corporation shall submit a status report to 457 the director of development services. The report shall indicate, 458 in the manner prescribed by the director, the progress of the 459 project during each year that an exemption remains in effect, 460 including a summary of the receipts from service payments in lieu 461 of taxes; expenditures of money from the funds created under 462 section 5709.43 of the Revised Code; a description of the public 463 infrastructure improvements and housing renovations financed with 464 such expenditures; and a quantitative summary of changes in 465 employment and private investment resulting from each project. 466
(J) Nothing in this section shall be construed to prohibit a 467 legislative authority from declaring to be a public purpose 468 improvements with respect to more than one parcel. 469
(K) If a parcel is located in a new community district in 470 which the new community authority imposes a community development 471 charge on the basis of rentals received from leases of real 472 property as described in division (L)(2) of section 349.01 of the 473 Revised Code, the parcel may not be exempted from taxation under 474 this section." 475
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In line 18376, after "5513.01," insert "5709.40," 476
In line 29 of the title, after "5513.01," insert "5709.40," 477
The motion was ______agreed to.
SYNOPSIS
Authorized uses of TIF revenue 478
R.C. 5709.40 479
Expressly authorizes political subdivisions to use revenue 480 collected from tax increment financing (TIF) to fund the provision 481 of gas or electric service by or through privately owned 482 facilities if doing so is necessary for economic development. 483
Under continuing law, a political subdivision may wholly or 484 partially exempt from property taxation any increase in value of 485 property where economic development is desired. The subdivision 486 may then collect payments from the owner of the property equal to 487 the amount of real property taxes the local government would have 488 received from the improvements on the property if the improvements 489 were not tax exempt. 490
Continuing law authorizes subdivisions to use the proceeds 491 from the payments to fund "public infrastructure improvements" 492 specified in the ordinance approving the TIF. The public 493 infrastructure improvements may include the provision of gas or 494 electric. 495
130HB483-HC0424/RH HC0427X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 67, delete the first "and"; after "5713.012" insert 1 ", and 5739.09" 2
Between lines 18354 and 18355, insert: 3
"Sec. 5739.09. (A)(1) A board of county commissioners may, by 4 resolution adopted by a majority of the members of the board, levy 5 an excise tax not to exceed three per cent on transactions by 6 which lodging by a hotel is or is to be furnished to transient 7 guests. The board shall establish all regulations necessary to 8 provide for the administration and allocation of the tax. The 9 regulations may prescribe the time for payment of the tax, and may 10 provide for the imposition of a penalty or interest, or both, for 11 late payments, provided that the penalty does not exceed ten per 12 cent of the amount of tax due, and the rate at which interest 13 accrues does not exceed the rate per annum prescribed pursuant to 14 section 5703.47 of the Revised Code. Except as provided in 15 divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the 16 regulations shall provide, after deducting the real and actual 17 costs of administering the tax, for the return to each municipal 18 corporation or township that does not levy an excise tax on the 19 transactions, a uniform percentage of the tax collected in the 20 municipal corporation or in the unincorporated portion of the 21
130HB483-HC0427X1/AT HC0427X1 Page 2 township from each transaction, not to exceed thirty-three and 22 one-third per cent. The remainder of the revenue arising from the 23 tax shall be deposited in a separate fund and shall be spent 24 solely to make contributions to the convention and visitors' 25 bureau operating within the county, including a pledge and 26 contribution of any portion of the remainder pursuant to an 27 agreement authorized by section 307.695 of the Revised Code, 28 provided that if the board of county commissioners of an eligible 29 county as defined in section 307.695 of the Revised Code adopts a 30 resolution amending a resolution levying a tax under this division 31 to provide that the revenue from the tax shall be used by the 32 board as described in division (H) of section 307.695 of the 33 Revised Code, the remainder of the revenue shall be used as 34 described in the resolution making that amendment. Except as 35 provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of 36 this section, on and after May 10, 1994, a board of county 37 commissioners may not levy an excise tax pursuant to this division 38 in any municipal corporation or township located wholly or partly 39 within the county that has in effect an ordinance or resolution 40 levying an excise tax pursuant to division (B) of this section. 41 The board of a county that has levied a tax under division (C) of 42 this section may, by resolution adopted within ninety days after 43 July 15, 1985, by a majority of the members of the board, amend 44 the resolution levying a tax under this division to provide for a 45 portion of that tax to be pledged and contributed in accordance 46 with an agreement entered into under section 307.695 of the 47 Revised Code. A tax, any revenue from which is pledged pursuant to 48 such an agreement, shall remain in effect at the rate at which it 49 is imposed for the duration of the period for which the revenue 50 from the tax has been so pledged. 51
The board of county commissioners of an eligible county as 52
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53 defined in section 307.695 of the Revised Code may, by resolution 54 adopted by a majority of the members of the board, amend a 55 resolution levying a tax under this division to provide that the 56 revenue from the tax shall be used by the board as described in 57 division (H) of section 307.695 of the Revised Code, in which case 58 the tax shall remain in effect at the rate at which it was imposed 59 for the duration of any agreement entered into by the board under 60 section 307.695 of the Revised Code, the duration during which any 61 securities issued by the board under that section are outstanding, 62 or the duration of the period during which the board owns a 63 project as defined in section 307.695 of the Revised Code, 64 whichever duration is longest.
(2) A board of county commissioners that levies an excise tax 65 under division (A)(1) of this section on June 30, 1997, at a rate 66 of three per cent, and that has pledged revenue from the tax to an 67 agreement entered into under section 307.695 of the Revised Code 68 or, in the case of the board of county commissioners of an 69 eligible county as defined in section 307.695 of the Revised Code, 70 has amended a resolution levying a tax under division (C) of this 71 section to provide that proceeds from the tax shall be used by the 72 board as described in division (H) of section 307.695 of the 73 Revised Code, may, at any time by a resolution adopted by a 74 majority of the members of the board, amend the resolution levying 75 a tax under division (A)(1) of this section to provide for an 76 increase in the rate of that tax up to seven per cent on each 77 transaction; to provide that revenue from the increase in the rate 78 shall be used as described in division (H) of section 307.695 of 79 the Revised Code or be spent solely to make contributions to the 80 convention and visitors' bureau operating within the county to be 81 used specifically for promotion, advertising, and marketing of the 82 region in which the county is located; and to provide that the 83
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84 rate in excess of the three per cent levied under division (A)(1) 85 of this section shall remain in effect at the rate at which it is 86 imposed for the duration of the period during which any agreement 87 is in effect that was entered into under section 307.695 of the 88 Revised Code by the board of county commissioners levying a tax 89 under division (A)(1) of this section, the duration of the period 90 during which any securities issued by the board under division (I) 91 of section 307.695 of the Revised Code are outstanding, or the 92 duration of the period during which the board owns a project as 93 defined in section 307.695 of the Revised Code, whichever duration 94 is longest. The amendment also shall provide that no portion of 95 that revenue need be returned to townships or municipal 96 corporations as would otherwise be required under division (A)(1) 97 of this section.
(3) A board of county commissioners that levies a tax under 98 division (A)(1) of this section on March 18, 1999, at a rate of 99 three per cent may, by resolution adopted not later than 100 forty-five days after March 18, 1999, amend the resolution levying 101 the tax to provide for all of the following: 102
(a) That the rate of the tax shall be increased by not more 103 than an additional four per cent on each transaction; 104
(b) That all of the revenue from the increase in the rate 105 shall be pledged and contributed to a convention facilities 106 authority established by the board of county commissioners under 107 Chapter 351. of the Revised Code on or before November 15, 1998, 108 and used to pay costs of constructing, maintaining, operating, and 109 promoting a facility in the county, including paying bonds, or 110 notes issued in anticipation of bonds, as provided by that 111 chapter; 112
(c) That no portion of the revenue arising from the increase 113
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114 in rate need be returned to municipal corporations or townships as 115 otherwise required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to 116 diminution by initiative or referendum or by law while any bonds, 117 or notes in anticipation of bonds, issued by the authority under 118 Chapter 351. of the Revised Code to which the revenue is pledged, 119 remain outstanding in accordance with their terms, unless 120 provision is made by law or by the board of county commissioners 121 for an adequate substitute therefor that is satisfactory to the 122 trustee if a trust agreement secures the bonds. 123
Division (A)(3) of this section does not apply to the board 124 of county commissioners of any county in which a convention center 125 or facility exists or is being constructed on November 15, 1998, 126 or of any county in which a convention facilities authority levies 127 a tax pursuant to section 351.021 of the Revised Code on that 128 date. 129
As used in division (A)(3) of this section, "cost" and 130 "facility" have the same meanings as in section 351.01 of the 131 Revised Code, and "convention center" has the same meaning as in 132 section 307.695 of the Revised Code. 133
(4)(a) A board of county commissioners that levies a tax 134 under division (A)(1) of this section on June 30, 2002, at a rate 135 of three per cent may, by resolution adopted not later than 136 September 30, 2002, amend the resolution levying the tax to 137 provide for all of the following: 138
(i) That the rate of the tax shall be increased by not more 139 than an additional three and one-half per cent on each 140 transaction; 141
(ii) That all of the revenue from the increase in rate shall 142
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143 be pledged and contributed to a convention facilities authority 144 established by the board of county commissioners under Chapter 145 351. of the Revised Code on or before May 15, 2002, and be used to 146 pay costs of constructing, expanding, maintaining, operating, or 147 promoting a convention center in the county, including paying 148 bonds, or notes issued in anticipation of bonds, as provided by 149 that chapter;
(iii) That no portion of the revenue arising from the 150 increase in rate need be returned to municipal corporations or 151 townships as otherwise required under division (A)(1) of this 152 section; 153
(iv) That the increase in rate shall not be subject to 154 diminution by initiative or referendum or by law while any bonds, 155 or notes in anticipation of bonds, issued by the authority under 156 Chapter 351. of the Revised Code to which the revenue is pledged, 157 remain outstanding in accordance with their terms, unless 158 provision is made by law or by the board of county commissioners 159 for an adequate substitute therefor that is satisfactory to the 160 trustee if a trust agreement secures the bonds. 161
(b) Any board of county commissioners that, pursuant to 162 division (A)(4)(a) of this section, has amended a resolution 163 levying the tax authorized by division (A)(1) of this section may 164 further amend the resolution to provide that the revenue referred 165 to in division (A)(4)(a)(ii) of this section shall be pledged and 166 contributed both to a convention facilities authority to pay the 167 costs of constructing, expanding, maintaining, or operating one or 168 more convention centers in the county, including paying bonds, or 169 notes issued in anticipation of bonds, as provided in Chapter 351. 170 of the Revised Code, and to a convention and visitors' bureau to 171 pay the costs of promoting one or more convention centers in the 172
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173 county.
As used in division (A)(4) of this section, "cost" has the 174 same meaning as in section 351.01 of the Revised Code, and 175 "convention center" has the same meaning as in section 307.695 of 176 the Revised Code. 177
(5)(a) As used in division (A)(5) of this section: 178
(i) "Port authority" means a port authority created under 179 Chapter 4582. of the Revised Code. 180
(ii) "Port authority military-use facility" means port 181 authority facilities on which or adjacent to which is located an 182 installation of the armed forces of the United States, a reserve 183 component thereof, or the national guard and at least part of 184 which is made available for use, for consideration, by the armed 185 forces of the United States, a reserve component thereof, or the 186 national guard. 187
(b) For the purpose of contributing revenue to pay operating 188 expenses of a port authority that operates a port authority 189 military-use facility, the board of county commissioners of a 190 county that created, participated in the creation of, or has 191 joined such a port authority may do one or both of the following: 192
(i) Amend a resolution previously adopted under division 193 (A)(1) of this section to designate some or all of the revenue 194 from the tax levied under the resolution to be used for that 195 purpose, notwithstanding that division; 196
(ii) Amend a resolution previously adopted under division 197 (A)(1) of this section to increase the rate of the tax by not more 198 than an additional two per cent and use the revenue from the 199 increase exclusively for that purpose. 200
(c) If a board of county commissioners amends a resolution to 201
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202 increase the rate of a tax as authorized in division (A)(5)(b)(ii) 203 of this section, the board also may amend the resolution to 204 specify that the increase in rate of the tax does not apply to 205 "hotels," as otherwise defined in section 5739.01 of the Revised 206 Code, having fewer rooms used for the accommodation of guests than 207 a number of rooms specified by the board.
(6) A board of county commissioners of a county organized 208 under a county charter adopted pursuant to Article X, Section 3, 209 Ohio Constitution, and that levies an excise tax under division 210 (A)(1) of this section at a rate of three per cent and levies an 211 additional excise tax under division (E) of this section at a rate 212 of one and one-half per cent may, by resolution adopted not later 213 than January 1, 2008, by a majority of the members of the board, 214 amend the resolution levying a tax under division (A)(1) of this 215 section to provide for an increase in the rate of that tax by not 216 more than an additional one per cent on transactions by which 217 lodging by a hotel is or is to be furnished to transient guests. 218 Notwithstanding divisions (A)(1) and (E) of this section, the 219 resolution shall provide that all of the revenue from the increase 220 in rate, after deducting the real and actual costs of 221 administering the tax, shall be used to pay the costs of 222 improving, expanding, equipping, financing, or operating a 223 convention center by a convention and visitors' bureau in the 224 county. The increase in rate shall remain in effect for the period 225 specified in the resolution, not to exceed ten years. The increase 226 in rate shall be subject to the regulations adopted under division 227 (A)(1) of this section, except that the resolution may provide 228 that no portion of the revenue from the increase in the rate shall 229 be returned to townships or municipal corporations as would 230 otherwise be required under that division. 231
(7) Division (A)(7) of this section applies only to a county 232
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233 with a population greater than sixty-five thousand and less than 234 seventy thousand according to the most recent federal decennial 235 census and in which, on December 31, 2006, an excise tax is levied 236 under division (A)(1) of this section at a rate not less than and 237 not greater than three per cent, and in which the most recent 238 increase in the rate of that tax was enacted or took effect in 239 November 1984.
The board of county commissioners of a county to which this 240 division applies, by resolution adopted by a majority of the 241 members of the board, may increase the rate of the tax by not more 242 than one per cent on transactions by which lodging by a hotel is 243 or is to be furnished to transient guests. The increase in rate 244 shall be for the purpose of paying expenses deemed necessary by 245 the convention and visitors' bureau operating in the county to 246 promote travel and tourism. The increase in rate shall remain in 247 effect for the period specified in the resolution, not to exceed 248 twenty years, provided that the increase in rate may not continue 249 beyond the time when the purpose for which the increase is levied 250 ceases to exist. If revenue from the increase in rate is pledged 251 to the payment of debt charges on securities, the increase in rate 252 is not subject to diminution by initiative or referendum or by law 253 for so long as the securities are outstanding, unless provision is 254 made by law or by the board of county commissioners for an 255 adequate substitute for that revenue that is satisfactory to the 256 trustee if a trust agreement secures payment of the debt charges. 257 The increase in rate shall be subject to the regulations adopted 258 under division (A)(1) of this section, except that the resolution 259 may provide that no portion of the revenue from the increase in 260 the rate shall be returned to townships or municipal corporations 261 as would otherwise be required under division (A)(1) of this 262 section. A resolution adopted under division (A)(7) of this 263
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264 section is subject to referendum under sections 305.31 to 305.99 265 of the Revised Code.
(B)(1) The legislative authority of a municipal corporation 266 or the board of trustees of a township that is not wholly or 267 partly located in a county that has in effect a resolution levying 268 an excise tax pursuant to division (A)(1) of this section may, by 269 ordinance or resolution, levy an excise tax not to exceed three 270 per cent on transactions by which lodging by a hotel is or is to 271 be furnished to transient guests. The legislative authority of the 272 municipal corporation or the board of trustees of the township 273 shall deposit at least fifty per cent of the revenue from the tax 274 levied pursuant to this division into a separate fund, which shall 275 be spent solely to make contributions to convention and visitors' 276 bureaus operating within the county in which the municipal 277 corporation or township is wholly or partly located, and the 278 balance of that revenue shall be deposited in the general fund. 279 The municipal corporation or township shall establish all 280 regulations necessary to provide for the administration and 281 allocation of the tax. The regulations may prescribe the time for 282 payment of the tax, and may provide for the imposition of a 283 penalty or interest, or both, for late payments, provided that the 284 penalty does not exceed ten per cent of the amount of tax due, and 285 the rate at which interest accrues does not exceed the rate per 286 annum prescribed pursuant to section 5703.47 of the Revised Code. 287 The levy of a tax under this division is in addition to any tax 288 imposed on the same transaction by a municipal corporation or a 289 township as authorized by division (A) of section 5739.08 of the 290 Revised Code. 291
(2)(a) The legislative authority of the most populous 292 municipal corporation located wholly or partly in a county in 293 which the board of county commissioners has levied a tax under 294
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295 division (A)(4) of this section may amend, on or before September 296 30, 2002, that municipal corporation's ordinance or resolution 297 that levies an excise tax on transactions by which lodging by a 298 hotel is or is to be furnished to transient guests, to provide for 299 all of the following:
(i) That the rate of the tax shall be increased by not more 300 than an additional one per cent on each transaction; 301
(ii) That all of the revenue from the increase in rate shall 302 be pledged and contributed to a convention facilities authority 303 established by the board of county commissioners under Chapter 304 351. of the Revised Code on or before May 15, 2002, and be used to 305 pay costs of constructing, expanding, maintaining, operating, or 306 promoting a convention center in the county, including paying 307 bonds, or notes issued in anticipation of bonds, as provided by 308 that chapter; 309
(iii) That the increase in rate shall not be subject to 310 diminution by initiative or referendum or by law while any bonds, 311 or notes in anticipation of bonds, issued by the authority under 312 Chapter 351. of the Revised Code to which the revenue is pledged, 313 remain outstanding in accordance with their terms, unless 314 provision is made by law, by the board of county commissioners, or 315 by the legislative authority, for an adequate substitute therefor 316 that is satisfactory to the trustee if a trust agreement secures 317 the bonds. 318
(b) The legislative authority of a municipal corporation 319 that, pursuant to division (B)(2)(a) of this section, has amended 320 its ordinance or resolution to increase the rate of the tax 321 authorized by division (B)(1) of this section may further amend 322 the ordinance or resolution to provide that the revenue referred 323 to in division (B)(2)(a)(ii) of this section shall be pledged and 324
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325 contributed both to a convention facilities authority to pay the 326 costs of constructing, expanding, maintaining, or operating one or 327 more convention centers in the county, including paying bonds, or 328 notes issued in anticipation of bonds, as provided in Chapter 351. 329 of the Revised Code, and to a convention and visitors' bureau to 330 pay the costs of promoting one or more convention centers in the 331 county.
As used in division (B)(2) of this section, "cost" has the 332 same meaning as in section 351.01 of the Revised Code, and 333 "convention center" has the same meaning as in section 307.695 of 334 the Revised Code. 335
(C) For the purposes described in section 307.695 of the 336 Revised Code and to cover the costs of administering the tax, a 337 board of county commissioners of a county where a tax imposed 338 under division (A)(1) of this section is in effect may, by 339 resolution adopted within ninety days after July 15, 1985, by a 340 majority of the members of the board, levy an additional excise 341 tax not to exceed three per cent on transactions by which lodging 342 by a hotel is or is to be furnished to transient guests. The tax 343 authorized by this division shall be in addition to any tax that 344 is levied pursuant to division (A) of this section, but it shall 345 not apply to transactions subject to a tax levied by a municipal 346 corporation or township pursuant to the authorization granted by 347 division (A) of section 5739.08 of the Revised Code. The board 348 shall establish all regulations necessary to provide for the 349 administration and allocation of the tax. The regulations may 350 prescribe the time for payment of the tax, and may provide for the 351 imposition of a penalty or interest, or both, for late payments, 352 provided that the penalty does not exceed ten per cent of the 353 amount of tax due, and the rate at which interest accrues does not 354 exceed the rate per annum prescribed pursuant to section 5703.47 355
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356 of the Revised Code. All revenues arising from the tax shall be 357 expended in accordance with section 307.695 of the Revised Code. 358 The board of county commissioners of an eligible county as defined 359 in section 307.695 of the Revised Code may, by resolution adopted 360 by a majority of the members of the board, amend the resolution 361 levying a tax under this division to provide that the revenue from 362 the tax shall be used by the board as described in division (H) of 363 section 307.695 of the Revised Code. A tax imposed under this 364 division shall remain in effect at the rate at which it is imposed 365 for the duration of the period during which any agreement entered 366 into by the board under section 307.695 of the Revised Code is in 367 effect, the duration of the period during which any securities 368 issued by the board under division (I) of section 307.695 of the 369 Revised Code are outstanding, or the duration of the period during 370 which the board owns a project as defined in section 307.695 of 371 the Revised Code, whichever duration is longest.
(D) For the purpose of providing contributions under division 372 (B)(1) of section 307.671 of the Revised Code to enable the 373 acquisition, construction, and equipping of a port authority 374 educational and cultural facility in the county and, to the extent 375 provided for in the cooperative agreement authorized by that 376 section, for the purpose of paying debt service charges on bonds, 377 or notes in anticipation of bonds, described in division (B)(1)(b) 378 of that section, a board of county commissioners, by resolution 379 adopted within ninety days after December 22, 1992, by a majority 380 of the members of the board, may levy an additional excise tax not 381 to exceed one and one-half per cent on transactions by which 382 lodging by a hotel is or is to be furnished to transient guests. 383 The excise tax authorized by this division shall be in addition to 384 any tax that is levied pursuant to divisions (A), (B), and (C) of 385 this section, to any excise tax levied pursuant to section 5739.08 386
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387 of the Revised Code, and to any excise tax levied pursuant to 388 section 351.021 of the Revised Code. The board of county 389 commissioners shall establish all regulations necessary to provide 390 for the administration and allocation of the tax that are not 391 inconsistent with this section or section 307.671 of the Revised 392 Code. The regulations may prescribe the time for payment of the 393 tax, and may provide for the imposition of a penalty or interest, 394 or both, for late payments, provided that the penalty does not 395 exceed ten per cent of the amount of tax due, and the rate at 396 which interest accrues does not exceed the rate per annum 397 prescribed pursuant to section 5703.47 of the Revised Code. All 398 revenues arising from the tax shall be expended in accordance with 399 section 307.671 of the Revised Code and division (D) of this 400 section. The levy of a tax imposed under this division may not 401 commence prior to the first day of the month next following the 402 execution of the cooperative agreement authorized by section 403 307.671 of the Revised Code by all parties to that agreement. The 404 tax shall remain in effect at the rate at which it is imposed for 405 the period of time described in division (C) of section 307.671 of 406 the Revised Code for which the revenue from the tax has been 407 pledged by the county to the corporation pursuant to that section, 408 but, to any extent provided for in the cooperative agreement, for 409 no lesser period than the period of time required for payment of 410 the debt service charges on bonds, or notes in anticipation of 411 bonds, described in division (B)(1)(b) of that section.
(E) For the purpose of paying the costs of acquiring, 412 constructing, equipping, and improving a municipal educational and 413 cultural facility, including debt service charges on bonds 414 provided for in division (B) of section 307.672 of the Revised 415 Code, and for any additional purposes determined by the county in 416 the resolution levying the tax or amendments to the resolution, 417
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418 including subsequent amendments providing for paying costs of 419 acquiring, constructing, renovating, rehabilitating, equipping, 420 and improving a port authority educational and cultural performing 421 arts facility, as defined in section 307.674 of the Revised Code, 422 and including debt service charges on bonds provided for in 423 division (B) of section 307.674 of the Revised Code, the 424 legislative authority of a county, by resolution adopted within 425 ninety days after June 30, 1993, by a majority of the members of 426 the legislative authority, may levy an additional excise tax not 427 to exceed one and one-half per cent on transactions by which 428 lodging by a hotel is or is to be furnished to transient guests. 429 The excise tax authorized by this division shall be in addition to 430 any tax that is levied pursuant to divisions (A), (B), (C), and 431 (D) of this section, to any excise tax levied pursuant to section 432 5739.08 of the Revised Code, and to any excise tax levied pursuant 433 to section 351.021 of the Revised Code. The legislative authority 434 of the county shall establish all regulations necessary to provide 435 for the administration and allocation of the tax. The regulations 436 may prescribe the time for payment of the tax, and may provide for 437 the imposition of a penalty or interest, or both, for late 438 payments, provided that the penalty does not exceed ten per cent 439 of the amount of tax due, and the rate at which interest accrues 440 does not exceed the rate per annum prescribed pursuant to section 441 5703.47 of the Revised Code. All revenues arising from the tax 442 shall be expended in accordance with section 307.672 of the 443 Revised Code and this division. The levy of a tax imposed under 444 this division shall not commence prior to the first day of the 445 month next following the execution of the cooperative agreement 446 authorized by section 307.672 of the Revised Code by all parties 447 to that agreement. The tax shall remain in effect at the rate at 448 which it is imposed for the period of time determined by the
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449 legislative authority of the county. That period of time shall not 450 exceed fifteen years, except that the legislative authority of a 451 county with a population of less than two hundred fifty thousand 452 according to the most recent federal decennial census, by 453 resolution adopted by a majority of its members before the 454 original tax expires, may extend the duration of the tax for an 455 additional period of time. The additional period of time by which 456 a legislative authority extends a tax levied under this division 457 shall not exceed fifteen years.
(F) The legislative authority of a county that has levied a 458 tax under division (E) of this section may, by resolution adopted 459 within one hundred eighty days after January 4, 2001, by a 460 majority of the members of the legislative authority, amend the 461 resolution levying a tax under that division to provide for the 462 use of the proceeds of that tax, to the extent that it is no 463 longer needed for its original purpose as determined by the 464 parties to a cooperative agreement amendment pursuant to division 465 (D) of section 307.672 of the Revised Code, to pay costs of 466 acquiring, constructing, renovating, rehabilitating, equipping, 467 and improving a port authority educational and cultural performing 468 arts facility, including debt service charges on bonds provided 469 for in division (B) of section 307.674 of the Revised Code, and to 470 pay all obligations under any guaranty agreements, reimbursement 471 agreements, or other credit enhancement agreements described in 472 division (C) of section 307.674 of the Revised Code. The 473 resolution may also provide for the extension of the tax at the 474 same rate for the longer of the period of time determined by the 475 legislative authority of the county, but not to exceed an 476 additional twenty-five years, or the period of time required to 477 pay all debt service charges on bonds provided for in division (B) 478 of section 307.672 of the Revised Code and on port authority 479
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480 revenue bonds provided for in division (B) of section 307.674 of 481 the Revised Code. All revenues arising from the amendment and 482 extension of the tax shall be expended in accordance with section 483 307.674 of the Revised Code, this division, and division (E) of 484 this section.
(G) For purposes of a tax levied by a county, township, or 485 municipal corporation under this section or section 5739.08 of the 486 Revised Code, a board of county commissioners, board of township 487 trustees, or the legislative authority of a municipal corporation 488 may adopt a resolution or ordinance at any time specifying that 489 "hotel," as otherwise defined in section 5739.01 of the Revised 490 Code, includes the following: 491
(1) Establishments in which fewer than five rooms are used 492 for the accommodation of guests. 493
(2) Establishments at which rooms are used for the 494 accommodation of guests regardless of whether each room is 495 accessible through its own keyed entry or several rooms are 496 accessible through the same keyed entry; and, in determining the 497 number of rooms, all rooms are included regardless of the number 498 of structures in which the rooms are situated or the number of 499 parcels of land on which the structures are located if the 500 structures are under the same ownership and the structures are not 501 identified in advertisements of the accommodations as distinct 502 establishments. For the purposes of division (G)(2) of this 503 section, two or more structures are under the same ownership if 504 they are owned by the same person, or if they are owned by two or 505 more persons the majority of the ownership interests of which are 506 owned by the same person. 507
The resolution or ordinance may apply to a tax imposed 508 pursuant to this section prior to the adoption of the resolution 509
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510 or ordinance if the resolution or ordinance so states, but the tax 511 shall not apply to transactions by which lodging by such an 512 establishment is provided to transient guests prior to the 513 adoption of the resolution or ordinance.
(H)(1) As used in this division: 514
(a) "Convention facilities authority" has the same meaning as 515 in section 351.01 of the Revised Code. 516
(b) "Convention center" has the same meaning as in section 517 307.695 of the Revised Code. 518
(2) Notwithstanding any contrary provision of division (D) of 519 this section, the legislative authority of a county with a 520 population of one million or more according to the most recent 521 federal decennial census that has levied a tax under division (D) 522 of this section may, by resolution adopted by a majority of the 523 members of the legislative authority, provide for the extension of 524 such levy and may provide that the proceeds of that tax, to the 525 extent that they are no longer needed for their original purpose 526 as defined by a cooperative agreement entered into under section 527 307.671 of the Revised Code, shall be deposited into the county 528 general revenue fund. The resolution shall provide for the 529 extension of the tax at a rate not to exceed the rate specified in 530 division (D) of this section for a period of time determined by 531 the legislative authority of the county, but not to exceed an 532 additional forty years. 533
(3) The legislative authority of a county with a population 534 of one million or more that has levied a tax under division (A)(1) 535 of this section may, by resolution adopted by a majority of the 536 members of the legislative authority, increase the rate of the tax 537 levied by such county under division (A)(1) of this section to a 538 rate not to exceed five per cent on transactions by which lodging 539
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540 by a hotel is or is to be furnished to transient guests. 541 Notwithstanding any contrary provision of division (A)(1) of this 542 section, the resolution may provide that all collections resulting 543 from the rate levied in excess of three per cent, after deducting 544 the real and actual costs of administering the tax, shall be 545 deposited in the county general fund.
(4) The legislative authority of a county with a population 546 of one million or more that has levied a tax under division (A)(1) 547 of this section may, by resolution adopted on or before August 30, 548 2004, by a majority of the members of the legislative authority, 549 provide that all or a portion of the proceeds of the tax levied 550 under division (A)(1) of this section, after deducting the real 551 and actual costs of administering the tax and the amounts required 552 to be returned to townships and municipal corporations with 553 respect to the first three per cent levied under division (A)(1) 554 of this section, shall be deposited in the county general fund, 555 provided that such proceeds shall be used to satisfy any pledges 556 made in connection with an agreement entered into under section 557 307.695 of the Revised Code. 558
(5) No amount collected from a tax levied, extended, or 559 required to be deposited in the county general fund under division 560 (H) of this section shall be contributed to a convention 561 facilities authority, corporation, or other entity created after 562 July 1, 2003, for the principal purpose of constructing, 563 improving, expanding, equipping, financing, or operating a 564 convention center unless the mayor of the municipal corporation in 565 which the convention center is to be operated by that convention 566 facilities authority, corporation, or other entity has consented 567 to the creation of that convention facilities authority, 568 corporation, or entity. Notwithstanding any contrary provision of 569 section 351.04 of the Revised Code, if a tax is levied by a county 570
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571 under division (H) of this section, the board of county 572 commissioners of that county may determine the manner of 573 selection, the qualifications, the number, and terms of office of 574 the members of the board of directors of any convention facilities 575 authority, corporation, or other entity described in division 576 (H)(5) of this section.
(6)(a) No amount collected from a tax levied, extended, or 577 required to be deposited in the county general fund under division 578 (H) of this section may be used for any purpose other than paying 579 the direct and indirect costs of constructing, improving, 580 expanding, equipping, financing, or operating a convention center 581 and for the real and actual costs of administering the tax, 582 unless, prior to the adoption of the resolution of the legislative 583 authority of the county authorizing the levy, extension, increase, 584 or deposit, the county and the mayor of the most populous 585 municipal corporation in that county have entered into an 586 agreement as to the use of such amounts, provided that such 587 agreement has been approved by a majority of the mayors of the 588 other municipal corporations in that county. The agreement shall 589 provide that the amounts to be used for purposes other than paying 590 the convention center or administrative costs described in 591 division (H)(6)(a) of this section be used only for the direct and 592 indirect costs of capital improvements, including the financing of 593 capital improvements. 594
(b) If the county in which the tax is levied has an 595 association of mayors and city managers, the approval of that 596 association of an agreement described in division (H)(6)(a) of 597 this section shall be considered to be the approval of the 598 majority of the mayors of the other municipal corporations for 599 purposes of that division. 600
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(7) Each year, the auditor of state shall conduct an audit of 601 the uses of any amounts collected from taxes levied, extended, or 602 deposited under division (H) of this section and shall prepare a 603 report of the auditor of state's findings. The auditor of state 604 shall submit the report to the legislative authority of the county 605 that has levied, extended, or deposited the tax, the speaker of 606 the house of representatives, the president of the senate, and the 607 leaders of the minority parties of the house of representatives 608 and the senate. 609
(I)(1) As used in this division: 610
(a) "Convention facilities authority" has the same meaning as 611 in section 351.01 of the Revised Code. 612
(b) "Convention center" has the same meaning as in section 613 307.695 of the Revised Code. 614
(2) Notwithstanding any contrary provision of division (D) of 615 this section, the legislative authority of a county with a 616 population of one million two hundred thousand or more according 617 to the most recent federal decennial census or the most recent 618 annual population estimate published or released by the United 619 States census bureau at the time the resolution is adopted placing 620 the levy on the ballot, that has levied a tax under division (D) 621 of this section may, by resolution adopted by a majority of the 622 members of the legislative authority, provide for the extension of 623 such levy and may provide that the proceeds of that tax, to the 624 extent that the proceeds are no longer needed for their original 625 purpose as defined by a cooperative agreement entered into under 626 section 307.671 of the Revised Code and after deducting the real 627 and actual costs of administering the tax, shall be used for 628 paying the direct and indirect costs of constructing, improving, 629 expanding, equipping, financing, or operating a convention center. 630
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631 The resolution shall provide for the extension of the tax at a 632 rate not to exceed the rate specified in division (D) of this 633 section for a period of time determined by the legislative 634 authority of the county, but not to exceed an additional forty 635 years.
(3) The legislative authority of a county with a population 636 of one million two hundred thousand or more that has levied a tax 637 under division (A)(1) of this section may, by resolution adopted 638 by a majority of the members of the legislative authority, 639 increase the rate of the tax levied by such county under division 640 (A)(1) of this section to a rate not to exceed five per cent on 641 transactions by which lodging by a hotel is or is to be furnished 642 to transient guests. Notwithstanding any contrary provision of 643 division (A)(1) of this section, the resolution shall provide that 644 all collections resulting from the rate levied in excess of three 645 per cent, after deducting the real and actual costs of 646 administering the tax, shall be used for paying the direct and 647 indirect costs of constructing, improving, expanding, equipping, 648 financing, or operating a convention center. 649
(4) The legislative authority of a county with a population 650 of one million two hundred thousand or more that has levied a tax 651 under division (A)(1) of this section may, by resolution adopted 652 on or before July 1, 2008, by a majority of the members of the 653 legislative authority, provide that all or a portion of the 654 proceeds of the tax levied under division (A)(1) of this section, 655 after deducting the real and actual costs of administering the tax 656 and the amounts required to be returned to townships and municipal 657 corporations with respect to the first three per cent levied under 658 division (A)(1) of this section, shall be used to satisfy any 659 pledges made in connection with an agreement entered into under 660 section 307.695 of the Revised Code or shall otherwise be used for 661
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662 paying the direct and indirect costs of constructing, improving, 663 expanding, equipping, financing, or operating a convention center.
(5) Any amount collected from a tax levied or extended under 664 division (I) of this section may be contributed to a convention 665 facilities authority created before July 1, 2005, but no amount 666 collected from a tax levied or extended under division (I) of this 667 section may be contributed to a convention facilities authority, 668 corporation, or other entity created after July 1, 2005, unless 669 the mayor of the municipal corporation in which the convention 670 center is to be operated by that convention facilities authority, 671 corporation, or other entity has consented to the creation of that 672 convention facilities authority, corporation, or entity. 673
(J) All money collected by a county and distributed under 674 this section to a convention and visitors' bureau in existence as 675 of June 30, 2013, the effective date of H.B. 59 of the 130th 676 general assembly, except for any such money pledged, as of that 677 effective date, to the payment of debt service charges on bonds, 678 notes, securities, or lease agreements, shall be used solely for 679 tourism sales, marketing and promotion, and their associated 680 costs, including, but not limited to, operational and 681 administrative costs of the bureau, sales and marketing, and 682 maintenance of the physical bureau structure. 683
(K) The board of county commissioners of a county with a 684 population between one hundred three thousand and one hundred 685 seven thousand according to the most recent federal decennial 686 census, by resolution adopted by a majority of the members of the 687 board within six months after the effective date of H.B. 483 of 688 the 130th general assembly, may levy a tax not to exceed three per 689 cent on transactions by which a hotel is or is to be furnished to 690 transient guests. The purpose of the tax shall be to pay the costs 691
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692 of expanding, maintaining, or operating a soldiers' memorial and 693 the costs of administering the tax. All revenue arising from the 694 tax shall be credited to one or more special funds in the county 695 treasury and shall be spent solely for the purposes of paying 696 those costs. The board of county commissioners shall adopt all 697 rules necessary to provide for the administration of the tax 698 subject to the same limitations on imposing penalty or interest 699 under division (A)(1) of this section.
As used in this division "soldiers' memorial" means a 700 memorial constructed and funded under Chapter 345. of the Revised 701 Code." 702
In line 18376, delete "and"; after "5713.012" insert ", and 703 5739.09" 704
In line 29 of the title, delete "and"; after "5713.012" 705 insert ", and 5739.09" 706
The motion was ______agreed to.
SYNOPSIS
Lodging tax for soldiers' memorial 707
R.C. 5739.09 708
Authorizes the county commissioners of a county with a 709 population between 103,000 and 107,000 (currently only Allen 710 County), within six months after the effective date, to levy a tax 711 on hotel lodging transactions of up to 3% for the purpose of 712 expanding, maintaining, or operating a soldier's memorial. 713
130HB483-HC0427X1/AT HC0436 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 52, delete "3313.90, 3313.91,"
2 In line 67, delete "3317.162,"
3 Delete lines 5970 through 6099
4 Delete lines 6854 through 6878
5 In line 18361, delete "3313.90, 3313.91,"
6 In line 19428, delete everything after "Labor"
7 Delete lines 19429 through 19432
8 In line 19433, delete everything before the period
9 In line 19505, reinsert the period; delete "and the amounts
10 calculated under"
11 Delete line 19506
12 In line 9 of the title, delete "3313.90, 3313.91,"
13 In line 30 of the title, delete "3317.162,"
14 The motion was ______agreed to.
Legislative Service Commission -1- 130HB483-HC0436.RTF/ejs HC0436
15 SYNOPSIS
16 School district pre-apprenticeship programs
17 R.C. 3313.90, 3313.91, and 3317.162; Section 610.20, amends 18 Section 263.230 of H.B. 59
19 Removes provisions of the bill that (1) permit the lead 20 district of a career-technical planning district (CTPD) offering 21 a pre-apprenticeship program to enter into an agreement with a 22 private entity to provide students with the opportunity to begin 23 an apprenticeship program prior to graduating from high school, 24 (2) specify the eligibility criteria for a lead district to 25 receive additional funds from the Department of Education to 26 assist with paying for the cost of the apprenticeship program 27 provided by the private entity, (3) specify that, upon 28 submission of an application, a lead district that meets the 29 required criteria is eligible to receive, and the Department 30 must pay, an additional payment for each full-time equivalent 31 student participating in the private entity's program that is 32 equal to the lesser of the amount specified in the district's 33 contract with the private entity or the appropriate 34 career-technical education amount for the student, (4) permit 35 GRF appropriation item 200550, Foundation Funding, to be used to 36 make the payments referenced in (3), and (5) permit an existing 37 earmark of item 200550 to be used to pay a CTPD $125 per FTE 38 student who successfully completes a portion of an 39 apprenticeship program offered by a private entity.
Legislative Service Commission -2- 130HB483-HC0436.RTF/ejs HC0440X1 H.B. 483 As Introduced
______moved to amend as follows:
1 Between lines 20870a and 20871, insert
2 "OPERATING EXPENSES
3 Of the foregoing appropriation item 110321, Operating
4 Expenses, $175,000 in FY 2015 shall be allocated to Energy
5 Industries Ohio for the supplier development program."
6 The motion was ______agreed to.
7 SYNOPSIS
8 Department of Taxation
9 Section 610.20
10 Amends Am. Sub. H.B. 59 of the 130th General Assembly to 11 earmark $175,000 in FY 2015 GRF funding to Energy Industries of 12 Ohio (EIO) to update and expand Ohio’s Baseload Energy Suppliers 13 Catalog.
Legislative Service Commission -1- 130HB483-HC0440X1.RTF/ar HC0444 H.B. 483 As Introduced
______moved to amend as follows:
In line 52, after "3123.89," insert "3313.539," 1
In line 54, after "3702.95," insert "3707.511," 2
Between lines 5969 and 5970, insert: 3
"Sec. 3313.539. (A) As used in this section, "physician": 4
(1) "Physician" means a person authorized under Chapter 4731. 5 of the Revised Code to practice medicine and surgery or 6 osteopathic medicine and surgery. 7
(2) "Chiropractor" means a person licensed under Chapter 8 4734. of the Revised Code to practice chiropractic. 9
(B) No school district board of education or governing 10 authority of a chartered or nonchartered nonpublic school shall 11 permit a student to practice for or compete in interscholastic 12 athletics until the student has submitted, to a school official 13 designated by the board or governing authority, a form signed by 14 the parent, guardian, or other person having care or charge of the 15 student stating that the student and the parent, guardian, or 16 other person having care or charge of the student have received 17 the concussion and head injury information sheet required by 18 section 3707.52 of the Revised Code. A completed form shall be 19 submitted each school year, as defined in section 3313.62 of the 20
130HB483-HC0444/JF HC0444 Page 2
21 Revised Code, for each sport or other category of interscholastic 22 athletics for or in which the student practices or competes.
(C)(1) No school district board of education or governing 23 authority of a chartered or nonchartered nonpublic school shall 24 permit an individual to coach interscholastic athletics unless the 25 individual holds a pupil-activity program permit issued under 26 section 3319.303 of the Revised Code for coaching interscholastic 27 athletics. 28
(2) No school district board of education or governing 29 authority of a chartered or nonchartered nonpublic school shall 30 permit an individual to referee interscholastic athletics unless 31 the individual holds a pupil-activity program permit issued under 32 section 3319.303 of the Revised Code for coaching interscholastic 33 athletics or presents evidence that the individual has 34 successfully completed, within the previous three years, a 35 training program in recognizing the symptoms of concussions and 36 head injuries to which the department of health has provided a 37 link on its internet web site under section 3707.52 of the Revised 38 Code or a training program authorized and required by an 39 organization that regulates interscholastic athletic competition 40 and conducts interscholastic athletic events. 41
(D) If a student practicing for or competing in an 42 interscholastic athletic event exhibits signs, symptoms, or 43 behaviors consistent with having sustained a concussion or head 44 injury while participating in the practice or competition, the 45 student shall be removed from the practice or competition by 46 either of the following: 47
(1) The individual who is serving as the student's coach 48 during that practice or competition; 49
(2) An individual who is serving as a referee during that 50
130HB483-HC0444/JF HC0444 Page 3
51 practice or competition.
(E)(1) If a student is removed from practice or competition 52 under division (D) of this section, the coach or referee who 53 removed the student shall not allow the student, on the same day 54 the student is removed, to return to that practice or competition 55 or to participate in any other practice or competition for which 56 the coach or referee is responsible. Thereafter, the coach or 57 referee shall not allow the student to return to that practice or 58 competition or to participate in any other practice or competition 59 for which the coach or referee is responsible until both of the 60 following conditions are satisfied: 61
(a) The student's condition is assessed by either any of the 62 following who has complied with the requirements in division 63 (E)(4) of this section: 64
(i) A physician; 65
(ii) A chiropractor; 66
(iii) Any other licensed health care provider the school 67 district board of education or governing authority of the 68 chartered or nonchartered nonpublic school, pursuant to division 69 (E)(2) of this section, authorizes to assess a student who has 70 been removed from practice or competition under division (D) of 71 this section. 72
(b) The student receives written clearance that it is safe 73 for the student to return to practice or competition from a 74 physician, chiropractor, or from another licensed health care 75 provider authorized pursuant to division (E)(2) of this section to 76 grant the clearance. 77
(2) A school district board of education or governing 78 authority of a chartered or nonchartered nonpublic school may 79
130HB483-HC0444/JF HC0444 Page 4
80 authorize a licensed health care provider who is not a physician 81 or chiropractor to make an assessment or grant a clearance for 82 purposes of division (E)(1) of this section only if the provider 83 is acting in accordance with one of the following, as applicable 84 to the provider's authority to practice in this state:
(a) In consultation with a physician; 85
(b) Pursuant to the referral of a physician; 86
(c) In collaboration with a physician; 87
(d) Under the supervision of a physician. 88
(3) A physician, chiropractor, or other licensed health care 89 provider who makes an assessment or grants a clearance for 90 purposes of division (E)(1) of this section may be a volunteer. 91
(4) In each calendar year, any physician, chiropractor, or 92 licensed health care provider who provides an assessment or 93 written clearance required by division (E)(1) of this section 94 shall complete at least six hours of continuing education 95 curriculum in concussion management jointly approved by the state 96 medical board and the state chiropractic board. The approved 97 curriculum may consist of nationally or statewide recognized 98 coursework. 99
(F) A school district board of education or governing 100 authority of a chartered or nonchartered nonpublic school that is 101 subject to the rules of an interscholastic conference or an 102 organization that regulates interscholastic athletic competition 103 and conducts interscholastic athletic events shall be considered 104 to be in compliance with divisions (B), (D), and (E) of this 105 section, as long as the requirements of those rules are 106 substantially similar to the requirements of divisions (B), (D), 107 and (E) of this section. 108
130HB483-HC0444/JF HC0444 Page 5
(G)(1) A school district, member of a school district board 109 of education, or school district employee or volunteer, including 110 a coach or referee, is not liable in damages in a civil action for 111 injury, death, or loss to person or property allegedly arising 112 from providing services or performing duties under this section, 113 unless the act or omission constitutes willful or wanton 114 misconduct. 115
This section does not eliminate, limit, or reduce any other 116 immunity or defense that a school district, member of a school 117 district board of education, or school district employee or 118 volunteer, including a coach or referee, may be entitled to under 119 Chapter 2744. or any other provision of the Revised Code or under 120 the common law of this state. 121
(2) A chartered or nonchartered nonpublic school or any 122 officer, director, employee, or volunteer of the school, including 123 a coach or referee, is not liable in damages in a civil action for 124 injury, death, or loss to person or property allegedly arising 125 from providing services or performing duties under this section, 126 unless the act or omission constitutes willful or wanton 127 misconduct." 128
Between lines 7941 and 7942, insert: 129
"Sec. 3707.511. (A) As used in this section, "physician": 130
(1) "Physician" means a person authorized under Chapter 4731. 131 of the Revised Code to practice medicine and surgery or 132 osteopathic medicine and surgery. 133
(2) "Chiropractor" means a person licensed under Chapter 134 4734. of the Revised Code to practice chiropractic. 135
(B) A youth sports organization shall provide to the parent, 136
130HB483-HC0444/JF HC0444 Page 6
137 guardian, or other person having care or charge of an individual 138 who wishes to practice for or compete in an athletic activity 139 organized by a youth sports organization the concussion and head 140 injury information sheet required by section 3707.52 of the 141 Revised Code. The organization shall provide the information sheet 142 annually for each sport or other category of athletic activity for 143 or in which the individual practices or competes.
(C)(1) No individual shall act as a coach or referee for a 144 youth sports organization unless the individual holds a 145 pupil-activity program permit issued under section 3319.303 of the 146 Revised Code for coaching interscholastic athletics or presents 147 evidence that the individual has successfully completed, within 148 the previous three years, a training program in recognizing the 149 symptoms of concussions and head injuries to which the department 150 of health has provided a link on its internet web site under 151 section 3707.52 of the Revised Code. 152
(2) The youth sports organization for which the individual 153 intends to act as a coach or referee shall inform the individual 154 of the requirement described in division (C)(1) of this section. 155
(D) If an individual practicing for or competing in an 156 athletic event organized by a youth sports organization exhibits 157 signs, symptoms, or behaviors consistent with having sustained a 158 concussion or head injury while participating in the practice or 159 competition, the individual shall be removed from the practice or 160 competition by one of the following: 161
(1) The individual who is serving as the individual's coach 162 during that practice or competition; 163
(2) An individual who is serving as a referee during that 164 practice or competition; 165
130HB483-HC0444/JF HC0444 Page 7
(3) An official of the youth sports organization who is 166 supervising that practice or competition. 167
(E)(1) If an individual is removed from practice or 168 competition under division (D) of this section, the coach, 169 referee, or official who removed the individual shall not allow 170 the individual, on the same day the individual is removed, to 171 return to that practice or competition or to participate in any 172 other practice or competition for which the coach, referee, or 173 official is responsible. Thereafter, the coach, referee, or 174 official shall not allow the student to return to that practice or 175 competition or to participate in any other practice or competition 176 for which the coach, referee, or official is responsible until 177 both of the following conditions are satisfied: 178
(a) The individual's condition is assessed by either any of 179 the following who has complied with the requirements in division 180 (E)(4) of this section: 181
(i) A physician; 182
(ii) A chiropractor; 183
(iii) Any other licensed health care provider the youth 184 sports organization, pursuant to division (E)(2) of this section, 185 authorizes to assess an individual who has been removed from 186 practice or competition under division (D) of this section. 187
(b) The individual receives written clearance that it is safe 188 for the individual to return to practice or competition from a 189 physician, chiropractor, or from another licensed health care 190 provider authorized pursuant to division (E)(2) of this section to 191 grant the clearance. 192
(2) A youth sports organization may authorize a licensed 193 health care provider who is not a physician or chiropractor to 194
130HB483-HC0444/JF HC0444 Page 8 make an assessment or grant a clearance for purposes of division 195 (E)(1) of this section only if the provider is acting in 196 accordance with one of the following, as applicable to the 197 provider's authority to practice in this state: 198
(a) In consultation with a physician; 199
(b) Pursuant to the referral of a physician; 200
(c) In collaboration with a physician; 201
(d) Under the supervision of a physician. 202
(3) A physician, chiropractor, or other licensed health care 203 provider who makes an assessment or grants a clearance for 204 purposes of division (E)(1) of this section may be a volunteer. 205
(4) In each calendar year, any physician, chiropractor, or 206 licensed health care provider who provides an assessment or 207 written clearance required by division (E)(1) of this section 208 shall complete at least six hours of continuing education 209 curriculum in concussion management jointly approved by the state 210 medical board and the state chiropractic board. The approved 211 curriculum may consist of nationally or statewide recognized 212 coursework. 213
(F)(1) A youth sports organization or official, employee, or 214 volunteer of a youth sports organization, including a coach or 215 referee, is not liable in damages in a civil action for injury, 216 death, or loss to person or property allegedly arising from 217 providing services or performing duties under this section, unless 218 the act or omission constitutes willful or wanton misconduct. 219
(2) This section does not eliminate, limit, or reduce any 220 other immunity or defense that a public entity, public official, 221 or public employee may be entitled to under Chapter 2744. or any 222 other provision of the Revised Code or under the common law of 223
130HB483-HC0444/JF HC0444 Page 9
224 this state."
In line 18361, after "3123.89," insert "3313.539," 225
In line 18364, after "3702.95," insert "3707.511," 226
After line 21182, insert: 227
"Section 812.__. Except as otherwise provided in this act, 228 the amendment, enactment, or repeal by this act of a section is 229 subject to the referendum under Ohio Constitution, Article II, 230 Section 1c and therefore takes effect on the ninety-first day 231 after this act is filed with the Secretary of State, or if a later 232 effective date is specified below, on that date. 233
Sections 3313.539 and 3707.511 of the Revised Code take 234 effect six months after the effective date of this act." 235
In line 9 of the title, after "3123.89," insert "3313.539," 236
In line 12 of the title, after "3702.95," insert "3707.511," 237
The motion was ______agreed to.
SYNOPSIS
Chiropractor assessment of concussions in youth sports 238
R.C. 3313.539 and 3707.511 239
Authorizes chiropractors to assess and clear for return to 240 play athletes who have been removed from competition or practice 241 in interscholastic athletics or athletic activities organized by 242 youth sports organizations due to exhibiting signs of concussion 243 or head injury. 244
Requires all types of health professionals making concussion 245
130HB483-HC0444/JF HC0444 Page 10
246 or head injury assessments and clearances in youth sports to 247 complete continuing education in concussion management jointly 248 approved by the State Medical Board and State Chiropractic Board.
130HB483-HC0444/JF HC0448X2 H.B. 483 As Introduced
______moved to amend as follows:
In line 68, after "4758.64," insert "4781.401,"; after 1 "4909.157," insert "4934.01, 4934.02, 4934.03, 4934.05, 4934.06, 2 4934.07, 4934.09, 4934.11, 4934.13, 4934.15, 4934.17, 4934.19," 3
In line 69, delete "and"; after "5139.45" insert ", 5311.082, 4 and 5321.061" 5
Between lines 12686 and 12687, insert: 6
"Sec. 4781.401. A park operator shall comply with Chapter 7 4934. of the Revised Code." 8
Between lines 13140 and 13141, insert: 9
"Sec. 4934.01. As used in this chapter: 10
(A) "Competitive retail electric service" has the same 11 meaning as in section 4928.01 of the Revised Code. 12
(B) "Competitive retail natural gas service" has the same 13 meaning as in section 4929.01 of the Revised Code. 14
(C) "Cooperative" means an entity that is owned and operated 15 exclusively by and solely for its customers to provide electric, 16 gas, water, or sewage disposal service and includes an electric 17 cooperative as defined in section 4928.01 of the Revised Code. 18
130HB483-HC0448X2/AT HC0448X2 Page 2
(D) "Dwelling unit," "landlord," and "tenant" have the same 19 meanings as in section 5321.01 of the Revised Code. 20
(E) "Electric light company," "gas company," and "natural gas 21 company" have the same meanings as in section 4905.03 of the 22 Revised Code. 23
(F) "Electric distribution utility" has the same meaning as 24 in section 4928.01 of the Revised Code. 25
(G) "Manufactured home" has the same meaning as in division 26 (C)(4) of section 3781.06 of the Revised Code. 27
(H) "Master meter" means a device that collectively measures 28 the electric or gas service provided to multiple residents, unit 29 owners, or tenants by a public utility and includes a master-meter 30 system as defined in section 4905.90 of the Revised Code, but 31 excludes a submeter. 32
(I) "Mobile home" has the same meaning as in section 4501.01 33 of the Revised Code. 34
(J) "Park operator" and "resident" have the same meanings as 35 in section 4781.01 of the Revised Code. 36
(K) "Premises" means a dwelling unit, manufactured home, 37 mobile home, or unit. 38
(L) "Public utility" has the same meaning as in section 39 4905.02 of the Revised Code. 40
(M) "Public utility service" includes service provided by an 41 electric light company, gas company, and natural gas company, but 42 excludes a municipal corporation and cooperative. 43
(N) "Submeter" means a device that measures only the amount 44 of electric or natural gas service provided to the premises of a 45 resident, unit owner, or tenant, but does not include a master 46
130HB483-HC0448X2/AT HC0448X2 Page 3
47 meter or a meter used for a resident, unit owner, or tenant who is 48 a customer of the public utility providing the service.
(O) "Unit," "unit owner," and "unit owners association" have 49 the same meanings as in section 5311.01 of the Revised Code. 50
Sec. 4934.02. Except as provided in section 4934.03 of the 51 Revised Code, all premises served by a public utility and 52 administered by a park operator, unit owners association, or 53 landlord, on and after the effective date of H.B. 483 of the 130th 54 general assembly, including property converted to a condominium 55 property after that date, shall measure public utility service 56 provided to the premises through a public utility owned meter or 57 through a public utility owned master meter in conjunction with a 58 submeter. 59
Sec. 4934.03. For premises constructed before the effective 60 date of H.B. 483 of the 130th general assembly, a park operator, 61 unit owners association, or landlord may measure, at their 62 election, public utility service provided to the premises of a 63 resident, unit owner, or tenant through a public utility owned 64 master meter in conjunction with a submeter. 65
Sec. 4934.05. A park operator, unit owners association, or 66 landlord that separately charges a resident, unit owner, or tenant 67 for public utility service through the use of a submeter shall not 68 charge the resident, unit owner, or tenant more than the 69 following: 70
(A) For electric service provided on a kilowatt-hour basis, 71 the standard service offer amount per kilowatt-hour, including all 72 riders, customer fees, and other utility assessments, that 73 residential customers are charged on an annualized basis by the 74
130HB483-HC0448X2/AT HC0448X2 Page 4
75 electric distribution utility serving the area;
(B) For natural gas service provided on a cubic feet basis, 76 the amount per hundred cubic feet, including all riders, customer 77 fees, and other utility assessments, that residential customers 78 are charged on an annualized basis by the natural gas company 79 serving the area. 80
Sec. 4934.06. Instead of measuring public utility service as 81 described in section 4934.05 of the Revised Code, a park operator, 82 unit owners association, or landlord operating a system that uses 83 distributed generation, renewable energy resources, or alternative 84 generation to provide electric service to a resident, unit owner, 85 or tenant may establish, in a lease, rental agreement, or 86 association agreement and for the term of such lease or agreement, 87 a fixed price per kilowatt hour for electricity provided. Such 88 lease, rental agreement, or association agreement shall do the 89 following: 90
(A) Clearly state the fixed price that will be charged for 91 the public utility service; 92
(B) Charge no more per kilowatt hour of electricity than the 93 fixed price for the electric service. 94
Sec. 4934.07. (A) A park operator, unit owners association, 95 or landlord shall maintain adequate records detailing all submeter 96 measurements for separately charged public utility services 97 provided to the premises and the charges for the services. 98
(B) Upon reasonable prior request, a park operator, unit 99 owners association, or landlord shall make all records created 100 under this section available for inspection by the resident, unit 101 owner, or tenant during normal business hours and shall keep the 102
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103 records for a minimum of three years after the termination of the 104 lease, rental agreement, or association agreement.
Sec. 4934.09. A park operator, unit owners association, and 105 landlord may prorate or allocate the costs for public utility 106 service that is provided to all common areas and for commonly used 107 equipment available for use by a resident, unit owner, or tenant. 108 If such costs are prorated or allocated among residents, unit 109 owners, or tenants, the park operator, unit owners association, or 110 landlord shall identify the amount of charges attributable to the 111 common areas and commonly used equipment as a separate line item 112 on the periodic statement or invoice for the public utility 113 services provided to residents, owners, or tenants. 114
Sec. 4934.11. Subject to section 4934.02 of the Revised Code, 115 if a public utility service is provided and separately billed to 116 residents, unit owners, or tenants through a master meter, the 117 park operator, unit owners association, or landlord may use any of 118 the methods provided for pricing or charging for public utility 119 service under section 4934.05, 4934.06, or 4934.09 of the Revised 120 Code. The park operator, unit owners association, or landlord 121 shall include, in such case, the following, as applicable, in each 122 lease, rental agreement or association agreement entered into with 123 a resident, unit owner, or tenant: 124
(A) A written description of the method used to prorate or 125 calculate the allocation of the cost of utility service provided 126 through the master meter to common areas and for commonly used 127 equipment; 128
(B) A written statement detailing the full, annualized 129 standard service offer price of electric service supplied to 130 customers of the electric distribution utility serving the area at 131
130HB483-HC0448X2/AT HC0448X2 Page 6
132 the time the park operator, unit owners association, or landlord 133 entered into the lease, rental agreement, or association 134 agreement.
(C) A written statement detailing the full, annualized price 135 of natural gas service supplied to residential customers of the 136 natural gas company serving the area at the time the park 137 operator, unit owners association, or landlord entered into the 138 lease, rental agreement, or association agreement. 139
Sec. 4934.13. All submeters and master meters operating under 140 Chapter 4934. of the Revised Code shall meet the same standards 141 for meters established by the public utilities commission under 142 section 4905.28 of the Revised Code. 143
Sec. 4934.15. (A)(1) A park operator, unit owners 144 association, or landlord may terminate the service of 145 facilitating, through a submeter or otherwise, public utility 146 service for nonpayment of public utility service that is provided 147 under any of the pricing or charging methods in section 4934.05 or 148 4935.06 of the Revised Code. Such termination shall be done in 149 accordance with all rules for terminating public utility service 150 for nonpayment established by the public utilities commission of 151 Ohio as such rules are applied to electric light companies or 152 natural gas companies. 153
(2) A unit owners association may terminate the service of 154 facilitating, through a submeter or otherwise, public utility 155 service in accordance with this section regardless of whether such 156 authority is specifically set forth in documents required by 157 section 5311.05 or 5311.26 of the Revised Code. 158
(B) Termination of the service of facilitating, through a 159
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160 submeter or otherwise, public utility service pursuant to this 161 section is not constructive eviction in violation of Chapter 1923. 162 or 5321. of the Revised Code.
Sec. 4934.17. (A) A park operator or landlord that elects to 163 terminate the service of facilitating, through a submeter or 164 otherwise, public utility service for a resident or tenant 165 pursuant to section 4934.15 of the Revised Code waives the right 166 to evict the tenant or resident for failure to make timely payment 167 for public utility service pursuant to Chapter 1923. of the 168 Revised Code. 169
(B) A park operator or landlord that elects to terminate the 170 service of facilitating, through a submeter or otherwise, public 171 utility service for a resident or tenant pursuant to section 172 4934.15 of the Revised Code does not waive or diminish the park 173 operator's or landlord's right to seek eviction for violations of 174 any other provision of a lease or rental agreement. 175
Sec. 4934.19. (A) As used in this section, "third party 176 reseller" means any person, corporation, or other entity that 177 purchases electricity or natural gas from a public utility, a 178 supplier of competitive retail electric service, or a supplier of 179 competitive retail natural gas service for resale to consumers. 180 "Third party reseller" does not include a public utility, 181 cooperative, municipal corporation, or municipal authority. 182
(B) A park operator, unit owners association, or landlord may 183 enter into a contract with a third party reseller that requires 184 the reseller to provide public utility service in accordance with 185 this chapter to residents, unit owners, and tenants, as 186 applicable." 187
130HB483-HC0448X2/AT HC0448X2 Page 8
Between lines 18176 and 18177, insert: 188
"Sec. 5311.082. A unit owners association shall comply with 189 Chapter 4934. of the Revised Code. 190
Sec. 5321.061. A landlord shall comply with Chapter 4934. of 191 the Revised Code." 192
In line 31 of the title, after "4758.64," insert "4781.401," 193
In line 32 of the title, after "4909.157," insert "4934.01, 194 4934.02, 4934.03, 4934.05, 4934.06, 4934.07, 4934.09, 4934.11, 195 4934.13, 4934.15, 4934.17, 4934.19,"; delete "and" 196
In line 33 of the title, after "5139.45" insert ", 5311.082, 197 and 5321.061" 198
The motion was ______agreed to.
SYNOPSIS
Master metering and submetering requirements for electric and 199 gas service 200
R.C. 4781.401, 4934.01, 4934.02, 4934.03, 4934.05, 4934.06, 201 4934.07, 4934.09, 4934.11, 4934.13, 4934.15, 4934.17, 4934.19, 202 5311.082, and 5321.061 203
Requires electric and natural gas service provided to 204 premises administered by a manufactured home park operator, 205 condominium unit owners association, or landlord that are 206 constructed after the act's effective date to be measured through 207 a public utility owned meter or a public utility owned master 208 meter used in conjunction with a submeter, but excludes premises 209
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210 served by cooperatives or municipal electric utilities.
For premises constructed before the act's effective date, 211 permits a park operator, unit owners association, or landlord, at 212 their election, to measure electric and natural service provided 213 to the premises of a resident, unit owner, or tenant through a 214 master meter in conjunction with a submeter. 215
Prohibits a park operator, unit owners association, or 216 landlord that use a submeter to measure electric and natural gas 217 service provided to a resident, unit owner, or tenant from 218 charging more than the standard service offer price for electric 219 service charged by an electric distribution utility serving the 220 area or more than the price for natural gas company service 221 charged area residential customers by the natural gas company 222 serving the area. 223
Permits park operators, unit owners associations, or 224 landlords operating a system that uses distributed generation, 225 renewable energy resources, or alternative generation to provide 226 electric service to residents, unit owners, or tenants to charge a 227 fixed rate for electric or natural gas service provided that the 228 fixed rate is clearly stated in the lease, rental agreement, or 229 association agreement. 230
Requires a park operator, unit owners association, or 231 landlord to (1) maintain adequate records detailing submetering 232 measurements for the electric and natural gas services provided, 233 (2) make the records available during normal business hours, and 234 (3) keep the records for a minimum of three years after the 235 termination of the lease, rental agreement, or association 236 agreement. 237
Allows a park operator, unit owners association, or landlord 238 to prorate or allocate costs for electric or natural gas service 239
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240 that are provided to common areas or for commonly used equipment, 241 and requires that the charges for the costs appear as a separate 242 line item on a resident's, unit owner's, or tenant's statement or 243 invoice for electric or gas service.
Specifies that a lease, rental agreement, or association 244 agreement must include as applicable: (1) a written description of 245 the prorated or allocated costs for electric or natural gas 246 service attributable to common areas or commonly used equipment, 247 (2) a written statement detailing the full, annualized cost of the 248 standard service offer price and other costs of electricity 249 supplied to customers of an electric distribution utility serving 250 the area at the time of the lease or agreement, and (3) a written 251 statement detailing the full annualized cost of natural gas 252 service supplied to residential customers of the natural gas 253 company serving the area at the time of the lease or agreement. 254
Requires all submeters and master meters to meet the Public 255 Utilities Commission (PUCO) standards meters established in 256 current law. 257
Permits a park operator, unit owners association, or landlord 258 to terminate the service of facilitating, through a submeter or 259 otherwise, electric or natural gas service for nonpayment of the 260 service but requires the park operator, unit owners association, 261 or landlord to follow all PUCO rules for termination of service. 262
Specifies that a park operator or landlord that terminates 263 the service of facilitating, through a submeter or otherwise, 264 electric or natural gas service according to PUCO rules waives the 265 right to evict a resident or tenant for nonpayment of electric or 266 natural gas service, but maintains the right of a park operator, 267 or landlord to evict a resident or tenant for other violations. 268
Specifies that a unit owners association may terminate the 269
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270 service of facilitating, through a submeter or otherwise, electric 271 or natural gas service according to PUCO rules regardless of 272 whether this authority is established in condominium law.
Permits a park operator, unit owners association, or landlord 273 to enter into a contract with a third party reseller to provide, 274 in accordance with the bill, electric and natural gas service to 275 residents, unit owners, and tenants, as applicable. 276
Defines "third party reseller" as any person, corporation, or 277 other entity (excluding a public utility, cooperative, municipal 278 corporation, or municipal authority) that purchases electricity or 279 natural gas from a public utility, a supplier of competitive 280 retail electric service, or a supplier of competitive retail 281 natural gas service for resale to consumers. 282
130HB483-HC0448X2/AT HC0450X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 68, after "3721.122," insert "4715.15, 4723.433, 1 4730.093, 4731.77, 4741.49," 2
Between lines 11619 and 11620, insert: 3
"Sec. 4715.15. When a dentist orders a test for the presence 4 of Lyme disease in a patient, the dentist or dentist's delegate 5 shall provide to the patient or patient's representative a written 6 notice with the following information: 7
"Your health care provider has ordered a test for the 8 presence of Lyme disease. Current testing for Lyme disease can be 9 problematic and may lead to false results. If you are tested for 10 Lyme disease and the results are positive, this does not 11 necessarily mean that you have contracted Lyme disease. In the 12 alternative, if the results are negative, this does not 13 necessarily mean that you have not contracted Lyme disease. If you 14 continue to experience symptoms or have other health concerns, you 15 should contact your health care provider and inquire about the 16 appropriateness of additional testing or treatment." 17
The dentist or dentist's delegate shall obtain a signature 18 from the patient or patient's representative indicating receipt of 19 the notice. The document containing the signature shall be kept in 20
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21 the patient's record.
Sec. 4723.433. When an advanced practice registered nurse 22 orders a test for the presence of Lyme disease in a patient, the 23 nurse or nurse's delegate shall provide to the patient or 24 patient's representative a written notice with the following 25 information: 26
"Your health care provider has ordered a test for the 27 presence of Lyme disease. Current testing for Lyme disease can be 28 problematic and may lead to false results. If you are tested for 29 Lyme disease and the results are positive, this does not 30 necessarily mean that you have contracted Lyme disease. In the 31 alternative, if the results are negative, this does not 32 necessarily mean that you have not contracted Lyme disease. If you 33 continue to experience symptoms or have other health concerns, you 34 should contact your health care provider and inquire about the 35 appropriateness of additional testing or treatment." 36
The nurse or nurse's delegate shall obtain a signature from 37 the patient or patient's representative indicating receipt of the 38 notice. The document containing the signature shall be kept in the 39 patient's record." 40
Between lines 11868 and 11869, insert: 41
"Sec. 4730.093. When a physician assistant orders a test for 42 the presence of Lyme disease in a patient, the physician assistant 43 or physician assistant's delegate shall provide to the patient or 44 patient's representative a written notice with the following 45 information: 46
"Your health care provider has ordered a test for the 47 presence of Lyme disease. Current testing for Lyme disease can be 48
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49 problematic and may lead to false results. If you are tested for 50 Lyme disease and the results are positive, this does not 51 necessarily mean that you have contracted Lyme disease. In the 52 alternative, if the results are negative, this does not 53 necessarily mean that you have not contracted Lyme disease. If you 54 continue to experience symptoms or have other health concerns, you 55 should contact your health care provider and inquire about the 56 appropriateness of additional testing or treatment."
The physician assistant or physician assistant's delegate 57 shall obtain a signature from the patient or patient's 58 representative indicating receipt of the notice. The document 59 containing the signature shall be kept in the patient's record. 60
Sec. 4731.77. When a physician orders a test for the presence 61 of Lyme disease in a patient, the physician or physician's 62 delegate shall provide to the patient or patient's representative 63 a written notice with the following information: 64
"Your health care provider has ordered a test for the 65 presence of Lyme disease. Current testing for Lyme disease can be 66 problematic and may lead to false results. If you are tested for 67 Lyme disease and the results are positive, this does not 68 necessarily mean that you have contracted Lyme disease. In the 69 alternative, if the results are negative, this does not 70 necessarily mean that you have not contracted Lyme disease. If you 71 continue to experience symptoms or have other health concerns, you 72 should contact your health care provider and inquire about the 73 appropriateness of additional testing or treatment." 74
The physician or physician's delegate shall obtain a 75 signature from the patient or patient's representative indicating 76 receipt of the notice. The document containing the signature shall 77
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78 be kept in the patient's record."
Between lines 11947 and 11948, insert: 79
"Sec. 4741.49. (A) A person holding a license, limited 80 license, or temporary permit to practice veterinary medicine who 81 orders a test for the presence of Lyme disease in an animal under 82 the person's care may report to the department of health any test 83 result indicating the presence of the disease. 84
(B) The director of health may adopt rules regarding the 85 submission of reports described in this section. If rules are 86 adopted, the rules shall be adopted in accordance with Chapter 87 119. of the Revised Code." 88
In line 20041, strike through the second "$3,655,449" and 89 insert "$4,305,449" 90
In line 20056, add $650,000 to fiscal year 2015 91
In line 20107a, add $650,000 to fiscal year 2015 92
In line 31 of the title, after "3721.122," insert "4715.15, 93 4723.433, 4730.093, 4731.77, 4741.49," 94
The motion was ______agreed to.
SYNOPSIS
Lyme disease information for patients 95
R.C. 4715.15, 4723.433, 4730.093, 4731.77, and 4741.49 96
Requires that a dentist, advanced practice registered nurse, 97 physician assistant, or physician, when ordering a test for the 98 presence of Lyme disease in a patient, provide to the patient or 99
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100 the patient's representative certain information regarding Lyme 101 disease testing.
Permits a licensed veterinarian to report to the Ohio 102 Department of Health any test result indicating the presence of 103 Lyme disease in an animal. 104
Department of Health 105
Section 610.20 106
Increases GRF appropriation item 440451, Public Health 107 Laboratory, by $650,000 in fiscal year 2015. 108
130HB483-HC0450X1/AT HC0451X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "173.38," insert "174.02," 1
In line 49, after "191.01," insert "319.63," 2
Between lines 2750 and 2751, insert: 3
"Sec. 174.02. (A) The low- and moderate-income housing trust 4 fund is hereby created in the state treasury. The fund consists of 5 all appropriations made to the fund, housing trust fund fees 6 collected by county recorders pursuant to section 317.36 of the 7 Revised Code and deposited into the fund pursuant to section 8 319.63 of the Revised Code, and all grants, gifts, loan 9 repayments, and contributions of money made from any source to the 10 department of development services agency for deposit in the fund. 11 All investment earnings of the fund shall be credited to the fund. 12 The director of development services shall allocate a portion of 13 the money in the fund to an account of the Ohio housing finance 14 agency. The department development services agency shall 15 administer the fund. The Ohio housing finance agency shall use 16 money allocated to it for implementing and administering its 17 programs and duties under sections 174.03 and 174.05 of the 18 Revised Code, and the department development services agency shall 19 use the remaining money in the fund for implementing and 20 administering its programs and duties under sections 174.03 to 21
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174.06 of the Revised Code. Use 22
If the amount of housing trust fund fees deposited into the 23 low- and moderate-income housing trust fund exceeds the amount 24 necessary to fund the current fiscal year appropriation authority 25 for the low- and moderate-income housing trust fund, the 26 development services agency shall deposit the excess into the low- 27 and moderate-income housing trust administrative reserve fund 28 until the fund contains fifteen million dollars. The low- and 29 moderate-income housing trust administrative reserve fund is 30 hereby created in the state treasury. All investment earnings of 31 the low- and moderate-income housing trust administrative reserve 32 fund shall be deposited into the low- and moderate-income housing 33 trust administrative reserve fund. The development services agency 34 shall administer the low- and moderate-income housing trust 35 administrative reserve fund. 36
If the amount of housing trust fund fees deposited into the 37 low- and moderate-income housing trust fund exceeds the amount 38 necessary to fund the current fiscal year appropriation authority 39 for the low- and moderate-income housing trust fund, and if the 40 low- and moderate-income housing trust administrative reserve fund 41 contains fifteen million dollars, then the excess housing trust 42 fund fees shall remain in the low- and moderate-income housing 43 trust fund. 44
The development services agency shall use money in the low- 45 and moderate-income housing trust administrative reserve fund to 46 carry out its duties under this section in a fiscal year in which 47 housing trust fund fees deposited into the low- and 48 moderate-income housing trust fund are less than the amount 49 necessary to fund the appropriation authority for the low- and 50 moderate-income housing trust fund in that current fiscal year. 51
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Use of all money drawn from the low- and moderate-income 52 housing trust fund is subject to the following restrictions: 53
(1)(a) Not more than five per cent of the current fiscal year 54 appropriation authority for the fund shall be allocated between 55 grants to community development corporations for the community 56 development corporation grant program and grants and loans to the 57 Ohio community development finance fund, a private nonprofit 58 corporation. 59
(b) In any fiscal year in which the amount in the fund 60 exceeds one hundred thousand dollars and at least that much is 61 allocated for the uses described in this section, not less than 62 one hundred thousand dollars shall be used to provide training, 63 technical assistance, and capacity building assistance to 64 nonprofit development organizations. 65
(2) Not more than ten per cent of any current fiscal year 66 appropriation authority for the fund shall be used for the 67 emergency shelter housing grants program to make grants to 68 private, nonprofit organizations and municipal corporations, 69 counties, and townships for emergency shelter housing for the 70 homeless and emergency shelter facilities serving unaccompanied 71 youth seventeen years of age and younger. The grants shall be 72 distributed pursuant to rules the director adopts and qualify as 73 matching funds for funds obtained pursuant to the McKinney Act, 74 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378. 75
(3) In any fiscal year in which the amount in the fund 76 exceeds the amount awarded pursuant to division (A)(1)(b) of this 77 section by at least two hundred fifty thousand dollars, at least 78 two hundred fifty thousand dollars from the fund shall be provided 79 to the department of aging for the resident services coordinator 80 program as established in section 173.08 of the Revised Code. 81
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(4) Of all current fiscal year appropriation authority for 82 the fund, not more than five per cent shall be used for 83 administration. 84
(5) Not less than forty-five per cent of the funds awarded 85 during any one fiscal year shall be for grants and loans to 86 nonprofit organizations under section 174.03 of the Revised Code. 87
(6) Not less than fifty per cent of the funds awarded during 88 any one fiscal year, excluding the amounts awarded pursuant to 89 divisions (A)(1), (2), and (7) of this section, shall be for 90 grants and loans for activities that provide housing and housing 91 assistance to families and individuals in rural areas and small 92 cities that are not eligible to participate as a participating 93 jurisdiction under the "HOME Investment Partnerships Act," 104 94 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721. 95
(7) No money in the fund shall be used to pay for any legal 96 services other than the usual and customary legal services 97 associated with the acquisition of housing. 98
(8) Money in the fund may be used as matching money for 99 federal funds received by the state, counties, municipal 100 corporations, and townships for the activities listed in section 101 174.03 of the Revised Code. 102
(B) If, after the second quarter of any year, it appears to 103 the director that the full amount of the money in the fund 104 designated in that year for activities that provide housing and 105 housing assistance to families and individuals in rural areas and 106 small cities under division (A) of this section will not be used 107 for that purpose, the director may reallocate all or a portion of 108 that amount for other housing activities. In determining whether 109 or how to reallocate money under this division, the director may 110 consult with and shall receive advice from the housing trust fund 111
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112 advisory committee."
Between lines 2803 and 2804, insert: 113
"Sec. 319.63. (A) During the first thirty days of each 114 calendar quarter, the county auditor shall pay to the treasurer of 115 state all amounts that the county recorder collected as housing 116 trust fund fees pursuant to section 317.36 of the Revised Code 117 during the previous calendar quarter. If payment is made to the 118 treasurer of state within the first thirty days of the quarter, 119 the county auditor may retain an administrative fee of one per 120 cent of the amount of the trust fund fees collected during the 121 previous calendar quarter. 122
(B) The treasurer of state shall deposit the first fifty 123 million dollars of housing trust fund fees received each year 124 pursuant to this section into the low- and moderate-income housing 125 trust fund, created under section 174.02 of the Revised Code, and 126 shall deposit any amounts received each year in excess of fifty 127 million dollars into the state general revenue fund. 128
(C) The county auditor shall deposit the administrative fee 129 that the auditor is permitted to retain pursuant to division (A) 130 of this section into the county general fund for the county 131 recorder to use in administering the trust fund fee." 132
In line 18358, after "173.38," insert "174.02,"; after 133 "191.01," insert "319.63," 134
Between lines 21174 and 21175, insert: 135
"Section 812.___. The amendment by this act to section 174.02 136 of the Revised Code takes effect July 1, 2015." 137
In line 4 of the title, after "173.38," insert "174.02,"; 138 after "191.01," insert "319.63," 139
130HB483-HC0451X1/JF HC0451X1 Page 6
The motion was ______agreed to.
SYNOPSIS
Housing Trust Fund reserve account 140
R.C. 174.02 141
Beginning FY 2016, creates the Low- and Moderate-Income 142 Housing Trust Administrative Reserve Fund, which is administered 143 by the Development Services Agency and contains up to fifteen 144 million dollars of Housing Trust Fund fees deposited into the Low- 145 and Moderate-Income Housing Trust Fund that exceed the amount 146 necessary to fund the current fiscal year appropriation authority 147 for the Low- and Moderate-Income Housing Trust Fund. 148
R.C. 319.63 149
Beginning FY 2016, removes the fifty million dollar limit on 150 Housing Trust Fund fees deposited into the Low- and 151 Moderate-Income Housing Trust Fund by the Treasurer of State each 152 year. 153
130HB483-HC0451X1/JF HC0455 H.B. 483 As Introduced
______moved to amend as follows:
In line 48, after "126.25," insert "133.07," 1
In line 67, delete the first "and"; after "5713.012" insert 2 ", and 5739.09"; after "164.261," insert "307.678," 3
Between lines 1841 and 1842, insert: 4
"Sec. 133.07. (A) A county shall not incur, without a vote of 5 the electors, either of the following: 6
(1) Net indebtedness for all purposes that exceeds an amount 7 equal to one per cent of its tax valuation; 8
(2) Net indebtedness for the purpose of paying the county's 9 share of the cost of the construction, improvement, maintenance, 10 or repair of state highways that exceeds an amount equal to 11 one-half of one per cent of its tax valuation. 12
(B) A county shall not incur total net indebtedness that 13 exceeds an amount equal to one of the following limitations that 14 applies to the county: 15
(1) A county with a valuation not exceeding one hundred 16 million dollars, three per cent of that tax valuation; 17
(2) A county with a tax valuation exceeding one hundred 18 million dollars but not exceeding three hundred million dollars, 19
130HB483-HC0455/BLF HC0455 Page 2
20 three million dollars plus one and one-half per cent of that tax 21 valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred 22 million dollars, six million dollars plus two and one-half per 23 cent of that tax valuation in excess of three hundred million 24 dollars. 25
(C) In calculating the net indebtedness of a county, none of 26 the following securities shall be considered: 27
(1) Securities described in section 307.201 of the Revised 28 Code; 29
(2) Self-supporting securities issued for any purposes, 30 including, but not limited to, any of the following general 31 purposes: 32
(a) Water systems or facilities; 33
(b) Sanitary sewerage systems or facilities, or surface and 34 storm water drainage and sewerage systems or facilities, or a 35 combination of those systems or facilities; 36
(c) County or joint county scrap tire collection, storage, 37 monocell, monofill, or recovery facilities, or any combination of 38 those facilities; 39
(d) Off-street parking lots, facilities, or buildings, or 40 on-street parking facilities, or any combination of off-street and 41 on-street parking facilities; 42
(e) Facilities for the care or treatment of the sick or 43 infirm, and for housing the persons providing that care or 44 treatment and their families; 45
(f) Recreational, sports, convention, auditorium, museum, 46 trade show, and other public attraction facilities; 47
130HB483-HC0455/BLF HC0455 Page 3
(g) Facilities for natural resources exploration, 48 development, recovery, use, and sale; 49
(h) Correctional and detention facilities and related 50 rehabilitation facilities. 51
(3) Securities issued for the purpose of purchasing, 52 constructing, improving, or extending water or sanitary or surface 53 and storm water sewerage systems or facilities, or a combination 54 of those systems or facilities, to the extent that an agreement 55 entered into with another subdivision requires the other 56 subdivision to pay to the county amounts equivalent to debt 57 charges on the securities; 58
(4) Voted general obligation securities issued for the 59 purpose of permanent improvements for sanitary sewerage or water 60 systems or facilities to the extent that the total principal 61 amount of voted securities outstanding for the purpose does not 62 exceed an amount equal to two per cent of the county's tax 63 valuation; 64
(5) Securities issued for permanent improvements to house 65 agencies, departments, boards, or commissions of the county or of 66 any municipal corporation located, in whole or in part, in the 67 county, to the extent that the revenues, other than revenues from 68 unvoted county property taxes, derived from leases or other 69 agreements between the county and those agencies, departments, 70 boards, commissions, or municipal corporations relating to the use 71 of the permanent improvements are sufficient to cover the cost of 72 all operating expenses of the permanent improvements paid by the 73 county and debt charges on the securities; 74
(6) Securities issued pursuant to section 133.08 of the 75 Revised Code; 76
130HB483-HC0455/BLF HC0455 Page 4
(7) Securities issued for the purpose of acquiring or 77 constructing roads, highways, bridges, or viaducts, for the 78 purpose of acquiring or making other highway permanent 79 improvements, or for the purpose of procuring and maintaining 80 computer systems for the office of the clerk of any 81 county-operated municipal court, for the office of the clerk of 82 the court of common pleas, or for the office of the clerk of the 83 probate, juvenile, or domestic relations division of the court of 84 common pleas to the extent that the legislation authorizing the 85 issuance of the securities includes a covenant to appropriate from 86 moneys distributed to the county pursuant to division (B) of 87 section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 88 Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 89 sufficient amount to cover debt charges on and financing costs 90 relating to the securities as they become due; 91
(8) Securities issued for the purpose of acquiring, 92 constructing, improving, and equipping a county, multicounty, or 93 multicounty-municipal jail, workhouse, juvenile detention 94 facility, or correctional facility; 95
(9) Securities issued for the acquisition, construction, 96 equipping, or repair of any permanent improvement or any class or 97 group of permanent improvements enumerated in a resolution adopted 98 pursuant to division (D) of section 5739.026 of the Revised Code 99 to the extent that the legislation authorizing the issuance of the 100 securities includes a covenant to appropriate from moneys received 101 from the taxes authorized under section 5739.023 and division 102 (A)(5) of section 5739.026 of the Revised Code an amount 103 sufficient to pay debt charges on the securities and those moneys 104 shall be pledged for that purpose; 105
(10) Securities issued for county or joint county solid waste 106
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107 or hazardous waste collection, transfer, or disposal facilities, 108 or resource recovery and solid or hazardous waste recycling 109 facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction, and 110 equipping of a port authority educational and cultural facility 111 under section 307.671 of the Revised Code; 112
(12) Securities issued for the acquisition, construction, 113 equipping, and improving of a municipal educational and cultural 114 facility under division (B)(1) of section 307.672 of the Revised 115 Code; 116
(13) Securities issued for energy conservation measures under 117 section 307.041 of the Revised Code; 118
(14) Securities issued for the acquisition, construction, 119 equipping, improving, or repair of a sports facility, including 120 obligations issued to pay costs of a sports facility under section 121 307.673 of the Revised Code; 122
(15) Securities issued under section 755.17 of the Revised 123 Code if the legislation authorizing issuance of the securities 124 includes a covenant to appropriate from revenue received from a 125 tax authorized under division (A)(5) of section 5739.026 and 126 section 5741.023 of the Revised Code an amount sufficient to pay 127 debt charges on the securities, and the board of county 128 commissioners pledges that revenue for that purpose, pursuant to 129 section 755.171 of the Revised Code; 130
(16) Sales tax supported bonds issued pursuant to section 131 133.081 of the Revised Code for the purpose of acquiring, 132 constructing, improving, or equipping any permanent improvement to 133 the extent that the legislation authorizing the issuance of the 134 sales tax supported bonds pledges county sales taxes to the 135
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136 payment of debt charges on the sales tax supported bonds and 137 contains a covenant to appropriate from county sales taxes a 138 sufficient amount to cover debt charges or the financing costs 139 related to the sales tax supported bonds as they become due;
(17) Bonds or notes issued under section 133.60 of the 140 Revised Code if the legislation authorizing issuance of the bonds 141 or notes includes a covenant to appropriate from revenue received 142 from a tax authorized under division (A)(9) of section 5739.026 143 and section 5741.023 of the Revised Code an amount sufficient to 144 pay the debt charges on the bonds or notes, and the board of 145 county commissioners pledges that revenue for that purpose; 146
(18) Securities issued under section 3707.55 of the Revised 147 Code for the acquisition of real property by a general health 148 district; 149
(19) Securities issued under division (A)(3) of section 150 3313.37 of the Revised Code for the acquisition of real and 151 personal property by an educational service center; 152
(20) Securities issued for the purpose of paying the costs of 153 acquiring, constructing, reconstructing, renovating, 154 rehabilitating, expanding, adding to, equipping, furnishing, or 155 otherwise improving an arena, convention center, or a combination 156 of an arena and convention center under section 307.695 of the 157 Revised Code; 158
(21) Securities issued for the purpose of paying project 159 costs under section 307.678 of the Revised Code. 160
(D) In calculating the net indebtedness of a county, no 161 obligation incurred under division (F) of section 339.06 of the 162 Revised Code shall be considered." 163
Between lines 2803 and 2804, insert: 164
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"Sec. 307.678. (A) As used in this section: 165
(1) "Stadium" means an open-air structure designed and 166 developed to provide a venue for public entertainment, cultural 167 activities and recreation, or any combination thereof, including 168 concerts, athletic and sporting events, and other events and 169 exhibitions, together with concession, locker room, parking, 170 restroom, and storage facilities, walkways, and other auxiliary 171 facilities, whether included within or separate from the 172 structure, and all real and personal property and interests 173 therein related to the use of the structure for those purposes. 174
(2) "Bureau" means a nonprofit corporation that is organized 175 under the laws of this state that is, or has among its functions 176 acting as, a convention and visitors' bureau, and that currently 177 receives revenue from existing lodging taxes. 178
(3) "Cooperating parties" means the parties to a cooperative 179 agreement. 180
(4) "Cooperative agreement" means an agreement entered into 181 pursuant to division (B) of this section. 182
(5) "Corporation" means a nonprofit corporation that is 183 organized under the laws of this state and has corporate authority 184 under its organizational instruments to acquire, construct, 185 reconstruct, equip, finance, furnish, otherwise improve, own, 186 lease, or operate a stadium. 187
(6) "Debt charges" has the same meaning as in section 133.01 188 of the Revised Code, except that "obligations" shall be 189 substituted for "securities" wherever "securities" appears in that 190 section. 191
(7) "Eligible county" means a county having a population of 192
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193 at least three hundred seventy-five thousand, but not more than 194 four hundred thousand, according to the most recent federal 195 decennial census.
(8) "Existing lodging taxes" means taxes levied by a board of 196 county commissioners of an eligible county under division (A) of 197 section 5739.09 of the Revised Code. 198
(9) "Financing costs" means all costs and expenses relating 199 to the authorization, including any required election, issuance, 200 sale, delivery, authentication, deposit, custody, clearing, 201 registration, transfer, exchange, fractionalization, replacement, 202 payment, and servicing, of obligations, including, without 203 limitation, costs and expenses for or relating to publication and 204 printing, postage, delivery, preliminary and final official 205 statements, offering circulars, and informational statements, 206 travel and transportation, underwriters, placement agents, 207 investment bankers, paying agents, registrars, authenticating 208 agents, remarketing agents, custodians, clearing agencies or 209 corporations, securities depositories, financial advisory 210 services, certifications, audits, federal or state regulatory 211 agencies, accounting and computation services, legal services and 212 obtaining approving legal opinions and other legal opinions, 213 credit ratings, redemption premiums, and credit enhancement 214 facilities. Financing costs may be paid from any money available 215 for the purpose, including, unless otherwise provided in the 216 proceedings, from the proceeds of the obligations to which they 217 relate and, as to future financing costs, from the same sources 218 from which debt charges on the obligations are paid and as though 219 debt charges. 220
(10) "Host municipal corporation" means a municipal 221 corporation, having a population of at least seventy thousand but 222
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223 not more than eighty thousand according to the most recent federal 224 decennial census, within the boundaries of which a stadium is 225 located.
(11) "Host school district" means the school district within 226 the boundaries of which a stadium is located. 227
(12) "Issuer" means any issuer, as defined in section 133.01 228 of the Revised Code, and any corporation. 229
(13) "Obligations" means obligations that are issued or 230 incurred by an issuer pursuant to Chapter 133. or 4582. of the 231 Revised Code, or otherwise, for the purpose of funding or paying, 232 or reimbursing persons for the funding or payment of, project 233 costs, and that evidence the issuer's obligation to repay borrowed 234 money, including interest thereon, or to pay other money 235 obligations of the issuer at any future time, including, without 236 limitation, bonds, notes, anticipatory securities as defined in 237 section 133.01 of the Revised Code, certificates of indebtedness, 238 commercial paper, or installment sale, lease, lease-purchase, or 239 similar agreements. 240
(14) "Port authority" means a port authority created under 241 Chapter 4582. of the Revised Code. 242
(15) "Project" means acquiring, constructing, reconstructing, 243 rehabilitating, remodeling, renovating, enlarging, equipping, 244 furnishing, or otherwise improving a stadium or any component or 245 element thereof. 246
(16) "Project cost" means the cost of acquiring, 247 constructing, reconstructing, rehabilitating, remodeling, 248 renovating, enlarging, equipping, financing, refinancing, 249 furnishing, or otherwise improving a project, including, without 250 limitation, financing costs; the cost of architectural, 251
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252 engineering, and other professional services, designs, plans, 253 specifications, surveys, and estimates of costs; financing or 254 refinancing obligations issued by, or reimbursing money advanced 255 by, any cooperating party or any other person, where the proceeds 256 of the obligations or money advanced was used to pay any other 257 cost described in this division; inspections and testing; any 258 indemnity or surety bond or premium related to insurance 259 pertaining to development of the project; all related direct and 260 indirect administrative costs; fees and expenses of trustees, 261 escrow agents, depositories, and paying agents for any 262 obligations; interest on obligations during the planning, design, 263 and development of a project and for up to eighteen months 264 thereafter; funding of reserves for the payment of debt charges on 265 any obligations; and all other expenses necessary or incident to 266 planning, or determining the feasibility or practicability of, a 267 project, including, without limitation, advocating the enactment 268 of legislation to facilitate the development and financing of a 269 project.
(B) On or before December 31, 2015, the board of county 270 commissioners of an eligible county, a host municipal corporation, 271 the board of education of a host school district, a port 272 authority, a bureau, and a corporation, or any combination 273 thereof, may enter into a cooperative agreement under which: 274
(1) The board of county commissioners and the bureau agree to 275 make available to a cooperating party or any other person all or a 276 portion of the proceeds of an existing lodging tax to pay project 277 costs or debt charges on obligations issued by a cooperating party 278 to fund, finance, or refinance the payment of project costs; 279
(2) The cooperating parties agree, subject to any conditions 280 or limitations provided in the cooperative agreement, to each of 281
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282 the following:
(a) The conveyance, grant, or transfer to a cooperating party 283 or any other person of ownership of, property interests in, and 284 rights to use a stadium, either as the stadium exists at the time 285 of the agreement or as it may be improved by a project; 286
(b) The respective responsibilities of each cooperating party 287 for the management, operation, maintenance, repair, and 288 replacement of a stadium, including any project undertaken with 289 respect to the stadium, which may include authorization for a 290 cooperating party to contract with any other person for any such 291 purpose; 292
(c) The respective responsibilities of each cooperating party 293 for the development and financing of a project, including, without 294 limitation, the cooperating party or parties that shall be 295 responsible for contracting for the development of a project and 296 administering contracts into which the party or parties enter into 297 for that purpose; 298
(d) The respective responsibilities of each cooperating party 299 to provide money, whether by issuing obligations or otherwise, for 300 the funding, payment, financing, or refinancing, or reimbursement 301 to a cooperating party or other person for the funding, payment, 302 financing, or refinancing, of project costs; 303
(e) The respective responsibilities of each cooperating 304 party, or any other person, to provide money or other security for 305 the payment of debt charges on obligations. 306
(C) Any conveyance, grant, or transfer of ownership of, 307 property interests in, or rights to use a stadium, and any 308 contract for the development, management, operation, maintenance, 309 repair, or replacement of a stadium, including any project 310
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311 undertaken with respect to an existing stadium, that is 312 contemplated by a cooperative agreement may be made or entered 313 into by a cooperating party, in such manner and upon such terms as 314 the cooperating parties may agree, without any requirement of 315 bidding and without regard to ownership of the stadium, 316 notwithstanding any other provision of law that may otherwise 317 apply. A project constitutes a "port authority facility" within 318 the meaning of division (D) of section 4582.01 and division (E) of 319 section 4582.21 of the Revised Code and shall be considered a 320 permanent improvement for one purpose under Chapter 133. of the 321 Revised Code.
(D) Notwithstanding any other provision of law, and after 322 deducting the real and actual costs of administering an existing 323 lodging tax and any portion of such tax required to be returned to 324 any municipal corporation or township as provided in division 325 (A)(1) of section 5739.09 of the Revised Code, the board of county 326 commissioners of an eligible county and a bureau may agree to make 327 available, and a cooperating party or other person may use, all or 328 a portion of the proceeds of an existing lodging tax for the 329 funding or payment of project costs, including, without 330 limitation, the payment of debt charges on obligations. Either the 331 board or the bureau, or both, may pledge all or a portion of the 332 proceeds of an existing lodging tax to the payment of debt charges 333 on obligations. The lien of any such pledge shall be effective 334 against all persons when it is made, without the requirement for 335 the filing of any notice, and any proceeds of an existing lodging 336 tax so pledged and required to be used to pay debt charges on 337 obligations shall be paid by the county or bureau at the times, in 338 the amounts, and to such payee, including, without limitation, a 339 corporate trustee or paying agent, required for such obligations. 340 The board of county commissioners may amend any previously adopted 341
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342 resolution providing for the levy of an existing lodging tax to 343 permit the use of the proceeds of the existing lodging tax as 344 provided in this division.
(E) A board of county commissioners shall not repeal, 345 rescind, or reduce the levy of an existing lodging tax to the 346 extent its proceeds are pledged to the payment of debt charges on 347 obligations, and any such lodging tax shall not be subject to 348 repeal, rescission, or reduction by initiative, referendum, or 349 subsequent enactment of legislation by the general assembly, so 350 long as there remain outstanding any obligations as to which the 351 payment of debt charges is secured by a pledge of the existing 352 lodging tax. 353
(F) A pledge of the proceeds of an existing lodging tax under 354 division (D) of this section shall not constitute indebtedness of 355 the eligible county for the purposes of Chapter 133. of the 356 Revised Code. 357
(G) The authority provided by this section is supplemental 358 to, and is not intended to limit in any way, any legal authority 359 that a cooperating party may have under any other provision of 360 law." 361
Between lines 18354 and 18355, insert: 362
"Sec. 5739.09. (A)(1) A board of county commissioners may, by 363 resolution adopted by a majority of the members of the board, levy 364 an excise tax not to exceed three per cent on transactions by 365 which lodging by a hotel is or is to be furnished to transient 366 guests. The board shall establish all regulations necessary to 367 provide for the administration and allocation of the tax. The 368 regulations may prescribe the time for payment of the tax, and may 369 provide for the imposition of a penalty or interest, or both, for 370
130HB483-HC0455/BLF HC0455 Page 14 late payments, provided that the penalty does not exceed ten per 371 cent of the amount of tax due, and the rate at which interest 372 accrues does not exceed the rate per annum prescribed pursuant to 373 section 5703.47 of the Revised Code. Except as provided in 374 divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the 375 regulations shall provide, after deducting the real and actual 376 costs of administering the tax, for the return to each municipal 377 corporation or township that does not levy an excise tax on the 378 transactions, a uniform percentage of the tax collected in the 379 municipal corporation or in the unincorporated portion of the 380 township from each transaction, not to exceed thirty-three and 381 one-third per cent. The remainder of the revenue arising from the 382 tax shall be deposited in a separate fund and shall be spent 383 solely to make contributions to the convention and visitors' 384 bureau operating within the county, including a pledge and 385 contribution of any portion of the remainder pursuant to an 386 agreement authorized by section 307.678 or 307.695 of the Revised 387 Code, provided that if the board of county commissioners of an 388 eligible county as defined in section 307.678 or 307.695 of the 389 Revised Code adopts a resolution amending a resolution levying a 390 tax under this division to provide that all or a portion of the 391 revenue from the tax shall be used by the board as described in 392 either division (D) of section 307.678 or division (H) of section 393 307.695 of the Revised Code, the remainder of the revenue shall be 394 used as described in the resolution making that amendment. Except 395 as provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) 396 of this section, on and after May 10, 1994, a board of county 397 commissioners may not levy an excise tax pursuant to this division 398 in any municipal corporation or township located wholly or partly 399 within the county that has in effect an ordinance or resolution 400 levying an excise tax pursuant to division (B) of this section. 401
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The board of a county that has levied a tax under division (C) of 402 this section may, by resolution adopted within ninety days after 403 July 15, 1985, by a majority of the members of the board, amend 404 the resolution levying a tax under this division to provide for a 405 portion of that tax to be pledged and contributed in accordance 406 with an agreement entered into under section 307.695 of the 407 Revised Code. A tax, any revenue from which is pledged pursuant to 408 such an agreement, shall remain in effect at the rate at which it 409 is imposed for the duration of the period for which the revenue 410 from the tax has been so pledged. 411
The board of county commissioners of an eligible county as 412 defined in section 307.695 of the Revised Code may, by resolution 413 adopted by a majority of the members of the board, amend a 414 resolution levying a tax under this division to provide that the 415 revenue from the tax shall be used by the board as described in 416 division (H) of section 307.695 of the Revised Code, in which case 417 the tax shall remain in effect at the rate at which it was imposed 418 for the duration of any agreement entered into by the board under 419 section 307.695 of the Revised Code, the duration during which any 420 securities issued by the board under that section are outstanding, 421 or the duration of the period during which the board owns a 422 project as defined in section 307.695 of the Revised Code, 423 whichever duration is longest. 424
The board of county commissioners of an eligible county as 425 defined in section 307.678 of the Revised Code may, by resolution, 426 amend a resolution levying a tax under this division to provide 427 that revenue from the tax may be used for the purposes described 428 in division (D) of section 307.678 of the Revised Code. 429
(2) A board of county commissioners that levies an excise tax 430 under division (A)(1) of this section on June 30, 1997, at a rate 431 of three per cent, and that has pledged revenue from the tax to an 432
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433 agreement entered into under section 307.695 of the Revised Code 434 or, in the case of the board of county commissioners of an 435 eligible county as defined in section 307.695 of the Revised Code, 436 has amended a resolution levying a tax under division (C) of this 437 section to provide that proceeds from the tax shall be used by the 438 board as described in division (H) of section 307.695 of the 439 Revised Code, may, at any time by a resolution adopted by a 440 majority of the members of the board, amend the resolution levying 441 a tax under division (A)(1) of this section to provide for an 442 increase in the rate of that tax up to seven per cent on each 443 transaction; to provide that revenue from the increase in the rate 444 shall be used as described in division (H) of section 307.695 of 445 the Revised Code or be spent solely to make contributions to the 446 convention and visitors' bureau operating within the county to be 447 used specifically for promotion, advertising, and marketing of the 448 region in which the county is located; and to provide that the 449 rate in excess of the three per cent levied under division (A)(1) 450 of this section shall remain in effect at the rate at which it is 451 imposed for the duration of the period during which any agreement 452 is in effect that was entered into under section 307.695 of the 453 Revised Code by the board of county commissioners levying a tax 454 under division (A)(1) of this section, the duration of the period 455 during which any securities issued by the board under division (I) 456 of section 307.695 of the Revised Code are outstanding, or the 457 duration of the period during which the board owns a project as 458 defined in section 307.695 of the Revised Code, whichever duration 459 is longest. The amendment also shall provide that no portion of 460 that revenue need be returned to townships or municipal 461 corporations as would otherwise be required under division (A)(1) 462 of this section.
(3) A board of county commissioners that levies a tax under 463
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464 division (A)(1) of this section on March 18, 1999, at a rate of 465 three per cent may, by resolution adopted not later than 466 forty-five days after March 18, 1999, amend the resolution levying 467 the tax to provide for all of the following:
(a) That the rate of the tax shall be increased by not more 468 than an additional four per cent on each transaction; 469
(b) That all of the revenue from the increase in the rate 470 shall be pledged and contributed to a convention facilities 471 authority established by the board of county commissioners under 472 Chapter 351. of the Revised Code on or before November 15, 1998, 473 and used to pay costs of constructing, maintaining, operating, and 474 promoting a facility in the county, including paying bonds, or 475 notes issued in anticipation of bonds, as provided by that 476 chapter; 477
(c) That no portion of the revenue arising from the increase 478 in rate need be returned to municipal corporations or townships as 479 otherwise required under division (A)(1) of this section; 480
(d) That the increase in rate shall not be subject to 481 diminution by initiative or referendum or by law while any bonds, 482 or notes in anticipation of bonds, issued by the authority under 483 Chapter 351. of the Revised Code to which the revenue is pledged, 484 remain outstanding in accordance with their terms, unless 485 provision is made by law or by the board of county commissioners 486 for an adequate substitute therefor that is satisfactory to the 487 trustee if a trust agreement secures the bonds. 488
Division (A)(3) of this section does not apply to the board 489 of county commissioners of any county in which a convention center 490 or facility exists or is being constructed on November 15, 1998, 491 or of any county in which a convention facilities authority levies 492 a tax pursuant to section 351.021 of the Revised Code on that 493
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494 date.
As used in division (A)(3) of this section, "cost" and 495 "facility" have the same meanings as in section 351.01 of the 496 Revised Code, and "convention center" has the same meaning as in 497 section 307.695 of the Revised Code. 498
(4)(a) A board of county commissioners that levies a tax 499 under division (A)(1) of this section on June 30, 2002, at a rate 500 of three per cent may, by resolution adopted not later than 501 September 30, 2002, amend the resolution levying the tax to 502 provide for all of the following: 503
(i) That the rate of the tax shall be increased by not more 504 than an additional three and one-half per cent on each 505 transaction; 506
(ii) That all of the revenue from the increase in rate shall 507 be pledged and contributed to a convention facilities authority 508 established by the board of county commissioners under Chapter 509 351. of the Revised Code on or before May 15, 2002, and be used to 510 pay costs of constructing, expanding, maintaining, operating, or 511 promoting a convention center in the county, including paying 512 bonds, or notes issued in anticipation of bonds, as provided by 513 that chapter; 514
(iii) That no portion of the revenue arising from the 515 increase in rate need be returned to municipal corporations or 516 townships as otherwise required under division (A)(1) of this 517 section; 518
(iv) That the increase in rate shall not be subject to 519 diminution by initiative or referendum or by law while any bonds, 520 or notes in anticipation of bonds, issued by the authority under 521 Chapter 351. of the Revised Code to which the revenue is pledged, 522
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523 remain outstanding in accordance with their terms, unless 524 provision is made by law or by the board of county commissioners 525 for an adequate substitute therefor that is satisfactory to the 526 trustee if a trust agreement secures the bonds.
(b) Any board of county commissioners that, pursuant to 527 division (A)(4)(a) of this section, has amended a resolution 528 levying the tax authorized by division (A)(1) of this section may 529 further amend the resolution to provide that the revenue referred 530 to in division (A)(4)(a)(ii) of this section shall be pledged and 531 contributed both to a convention facilities authority to pay the 532 costs of constructing, expanding, maintaining, or operating one or 533 more convention centers in the county, including paying bonds, or 534 notes issued in anticipation of bonds, as provided in Chapter 351. 535 of the Revised Code, and to a convention and visitors' bureau to 536 pay the costs of promoting one or more convention centers in the 537 county. 538
As used in division (A)(4) of this section, "cost" has the 539 same meaning as in section 351.01 of the Revised Code, and 540 "convention center" has the same meaning as in section 307.695 of 541 the Revised Code. 542
(5)(a) As used in division (A)(5) of this section: 543
(i) "Port authority" means a port authority created under 544 Chapter 4582. of the Revised Code. 545
(ii) "Port authority military-use facility" means port 546 authority facilities on which or adjacent to which is located an 547 installation of the armed forces of the United States, a reserve 548 component thereof, or the national guard and at least part of 549 which is made available for use, for consideration, by the armed 550 forces of the United States, a reserve component thereof, or the 551 national guard. 552
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(b) For the purpose of contributing revenue to pay operating 553 expenses of a port authority that operates a port authority 554 military-use facility, the board of county commissioners of a 555 county that created, participated in the creation of, or has 556 joined such a port authority may do one or both of the following: 557
(i) Amend a resolution previously adopted under division 558 (A)(1) of this section to designate some or all of the revenue 559 from the tax levied under the resolution to be used for that 560 purpose, notwithstanding that division; 561
(ii) Amend a resolution previously adopted under division 562 (A)(1) of this section to increase the rate of the tax by not more 563 than an additional two per cent and use the revenue from the 564 increase exclusively for that purpose. 565
(c) If a board of county commissioners amends a resolution to 566 increase the rate of a tax as authorized in division (A)(5)(b)(ii) 567 of this section, the board also may amend the resolution to 568 specify that the increase in rate of the tax does not apply to 569 "hotels," as otherwise defined in section 5739.01 of the Revised 570 Code, having fewer rooms used for the accommodation of guests than 571 a number of rooms specified by the board. 572
(6) A board of county commissioners of a county organized 573 under a county charter adopted pursuant to Article X, Section 3, 574 Ohio Constitution, and that levies an excise tax under division 575 (A)(1) of this section at a rate of three per cent and levies an 576 additional excise tax under division (E) of this section at a rate 577 of one and one-half per cent may, by resolution adopted not later 578 than January 1, 2008, by a majority of the members of the board, 579 amend the resolution levying a tax under division (A)(1) of this 580 section to provide for an increase in the rate of that tax by not 581 more than an additional one per cent on transactions by which 582
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583 lodging by a hotel is or is to be furnished to transient guests. 584 Notwithstanding divisions (A)(1) and (E) of this section, the 585 resolution shall provide that all of the revenue from the increase 586 in rate, after deducting the real and actual costs of 587 administering the tax, shall be used to pay the costs of 588 improving, expanding, equipping, financing, or operating a 589 convention center by a convention and visitors' bureau in the 590 county. The increase in rate shall remain in effect for the period 591 specified in the resolution, not to exceed ten years. The increase 592 in rate shall be subject to the regulations adopted under division 593 (A)(1) of this section, except that the resolution may provide 594 that no portion of the revenue from the increase in the rate shall 595 be returned to townships or municipal corporations as would 596 otherwise be required under that division.
(7) Division (A)(7) of this section applies only to a county 597 with a population greater than sixty-five thousand and less than 598 seventy thousand according to the most recent federal decennial 599 census and in which, on December 31, 2006, an excise tax is levied 600 under division (A)(1) of this section at a rate not less than and 601 not greater than three per cent, and in which the most recent 602 increase in the rate of that tax was enacted or took effect in 603 November 1984. 604
The board of county commissioners of a county to which this 605 division applies, by resolution adopted by a majority of the 606 members of the board, may increase the rate of the tax by not more 607 than one per cent on transactions by which lodging by a hotel is 608 or is to be furnished to transient guests. The increase in rate 609 shall be for the purpose of paying expenses deemed necessary by 610 the convention and visitors' bureau operating in the county to 611 promote travel and tourism. The increase in rate shall remain in 612 effect for the period specified in the resolution, not to exceed 613
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614 twenty years, provided that the increase in rate may not continue 615 beyond the time when the purpose for which the increase is levied 616 ceases to exist. If revenue from the increase in rate is pledged 617 to the payment of debt charges on securities, the increase in rate 618 is not subject to diminution by initiative or referendum or by law 619 for so long as the securities are outstanding, unless provision is 620 made by law or by the board of county commissioners for an 621 adequate substitute for that revenue that is satisfactory to the 622 trustee if a trust agreement secures payment of the debt charges. 623 The increase in rate shall be subject to the regulations adopted 624 under division (A)(1) of this section, except that the resolution 625 may provide that no portion of the revenue from the increase in 626 the rate shall be returned to townships or municipal corporations 627 as would otherwise be required under division (A)(1) of this 628 section. A resolution adopted under division (A)(7) of this 629 section is subject to referendum under sections 305.31 to 305.99 630 of the Revised Code.
(B)(1) The legislative authority of a municipal corporation 631 or the board of trustees of a township that is not wholly or 632 partly located in a county that has in effect a resolution levying 633 an excise tax pursuant to division (A)(1) of this section may, by 634 ordinance or resolution, levy an excise tax not to exceed three 635 per cent on transactions by which lodging by a hotel is or is to 636 be furnished to transient guests. The legislative authority of the 637 municipal corporation or the board of trustees of the township 638 shall deposit at least fifty per cent of the revenue from the tax 639 levied pursuant to this division into a separate fund, which shall 640 be spent solely to make contributions to convention and visitors' 641 bureaus operating within the county in which the municipal 642 corporation or township is wholly or partly located, and the 643 balance of that revenue shall be deposited in the general fund. 644
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645 The municipal corporation or township shall establish all 646 regulations necessary to provide for the administration and 647 allocation of the tax. The regulations may prescribe the time for 648 payment of the tax, and may provide for the imposition of a 649 penalty or interest, or both, for late payments, provided that the 650 penalty does not exceed ten per cent of the amount of tax due, and 651 the rate at which interest accrues does not exceed the rate per 652 annum prescribed pursuant to section 5703.47 of the Revised Code. 653 The levy of a tax under this division is in addition to any tax 654 imposed on the same transaction by a municipal corporation or a 655 township as authorized by division (A) of section 5739.08 of the 656 Revised Code.
(2)(a) The legislative authority of the most populous 657 municipal corporation located wholly or partly in a county in 658 which the board of county commissioners has levied a tax under 659 division (A)(4) of this section may amend, on or before September 660 30, 2002, that municipal corporation's ordinance or resolution 661 that levies an excise tax on transactions by which lodging by a 662 hotel is or is to be furnished to transient guests, to provide for 663 all of the following: 664
(i) That the rate of the tax shall be increased by not more 665 than an additional one per cent on each transaction; 666
(ii) That all of the revenue from the increase in rate shall 667 be pledged and contributed to a convention facilities authority 668 established by the board of county commissioners under Chapter 669 351. of the Revised Code on or before May 15, 2002, and be used to 670 pay costs of constructing, expanding, maintaining, operating, or 671 promoting a convention center in the county, including paying 672 bonds, or notes issued in anticipation of bonds, as provided by 673 that chapter; 674
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(iii) That the increase in rate shall not be subject to 675 diminution by initiative or referendum or by law while any bonds, 676 or notes in anticipation of bonds, issued by the authority under 677 Chapter 351. of the Revised Code to which the revenue is pledged, 678 remain outstanding in accordance with their terms, unless 679 provision is made by law, by the board of county commissioners, or 680 by the legislative authority, for an adequate substitute therefor 681 that is satisfactory to the trustee if a trust agreement secures 682 the bonds. 683
(b) The legislative authority of a municipal corporation 684 that, pursuant to division (B)(2)(a) of this section, has amended 685 its ordinance or resolution to increase the rate of the tax 686 authorized by division (B)(1) of this section may further amend 687 the ordinance or resolution to provide that the revenue referred 688 to in division (B)(2)(a)(ii) of this section shall be pledged and 689 contributed both to a convention facilities authority to pay the 690 costs of constructing, expanding, maintaining, or operating one or 691 more convention centers in the county, including paying bonds, or 692 notes issued in anticipation of bonds, as provided in Chapter 351. 693 of the Revised Code, and to a convention and visitors' bureau to 694 pay the costs of promoting one or more convention centers in the 695 county. 696
As used in division (B)(2) of this section, "cost" has the 697 same meaning as in section 351.01 of the Revised Code, and 698 "convention center" has the same meaning as in section 307.695 of 699 the Revised Code. 700
(C) For the purposes described in section 307.695 of the 701 Revised Code and to cover the costs of administering the tax, a 702 board of county commissioners of a county where a tax imposed 703 under division (A)(1) of this section is in effect may, by 704
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705 resolution adopted within ninety days after July 15, 1985, by a 706 majority of the members of the board, levy an additional excise 707 tax not to exceed three per cent on transactions by which lodging 708 by a hotel is or is to be furnished to transient guests. The tax 709 authorized by this division shall be in addition to any tax that 710 is levied pursuant to division (A) of this section, but it shall 711 not apply to transactions subject to a tax levied by a municipal 712 corporation or township pursuant to the authorization granted by 713 division (A) of section 5739.08 of the Revised Code. The board 714 shall establish all regulations necessary to provide for the 715 administration and allocation of the tax. The regulations may 716 prescribe the time for payment of the tax, and may provide for the 717 imposition of a penalty or interest, or both, for late payments, 718 provided that the penalty does not exceed ten per cent of the 719 amount of tax due, and the rate at which interest accrues does not 720 exceed the rate per annum prescribed pursuant to section 5703.47 721 of the Revised Code. All revenues arising from the tax shall be 722 expended in accordance with section 307.695 of the Revised Code. 723 The board of county commissioners of an eligible county as defined 724 in section 307.695 of the Revised Code may, by resolution adopted 725 by a majority of the members of the board, amend the resolution 726 levying a tax under this division to provide that the revenue from 727 the tax shall be used by the board as described in division (H) of 728 section 307.695 of the Revised Code. A tax imposed under this 729 division shall remain in effect at the rate at which it is imposed 730 for the duration of the period during which any agreement entered 731 into by the board under section 307.695 of the Revised Code is in 732 effect, the duration of the period during which any securities 733 issued by the board under division (I) of section 307.695 of the 734 Revised Code are outstanding, or the duration of the period during 735 which the board owns a project as defined in section 307.695 of
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736 the Revised Code, whichever duration is longest.
(D) For the purpose of providing contributions under division 737 (B)(1) of section 307.671 of the Revised Code to enable the 738 acquisition, construction, and equipping of a port authority 739 educational and cultural facility in the county and, to the extent 740 provided for in the cooperative agreement authorized by that 741 section, for the purpose of paying debt service charges on bonds, 742 or notes in anticipation of bonds, described in division (B)(1)(b) 743 of that section, a board of county commissioners, by resolution 744 adopted within ninety days after December 22, 1992, by a majority 745 of the members of the board, may levy an additional excise tax not 746 to exceed one and one-half per cent on transactions by which 747 lodging by a hotel is or is to be furnished to transient guests. 748 The excise tax authorized by this division shall be in addition to 749 any tax that is levied pursuant to divisions (A), (B), and (C) of 750 this section, to any excise tax levied pursuant to section 5739.08 751 of the Revised Code, and to any excise tax levied pursuant to 752 section 351.021 of the Revised Code. The board of county 753 commissioners shall establish all regulations necessary to provide 754 for the administration and allocation of the tax that are not 755 inconsistent with this section or section 307.671 of the Revised 756 Code. The regulations may prescribe the time for payment of the 757 tax, and may provide for the imposition of a penalty or interest, 758 or both, for late payments, provided that the penalty does not 759 exceed ten per cent of the amount of tax due, and the rate at 760 which interest accrues does not exceed the rate per annum 761 prescribed pursuant to section 5703.47 of the Revised Code. All 762 revenues arising from the tax shall be expended in accordance with 763 section 307.671 of the Revised Code and division (D) of this 764 section. The levy of a tax imposed under this division may not 765 commence prior to the first day of the month next following the 766
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767 execution of the cooperative agreement authorized by section 768 307.671 of the Revised Code by all parties to that agreement. The 769 tax shall remain in effect at the rate at which it is imposed for 770 the period of time described in division (C) of section 307.671 of 771 the Revised Code for which the revenue from the tax has been 772 pledged by the county to the corporation pursuant to that section, 773 but, to any extent provided for in the cooperative agreement, for 774 no lesser period than the period of time required for payment of 775 the debt service charges on bonds, or notes in anticipation of 776 bonds, described in division (B)(1)(b) of that section.
(E) For the purpose of paying the costs of acquiring, 777 constructing, equipping, and improving a municipal educational and 778 cultural facility, including debt service charges on bonds 779 provided for in division (B) of section 307.672 of the Revised 780 Code, and for any additional purposes determined by the county in 781 the resolution levying the tax or amendments to the resolution, 782 including subsequent amendments providing for paying costs of 783 acquiring, constructing, renovating, rehabilitating, equipping, 784 and improving a port authority educational and cultural performing 785 arts facility, as defined in section 307.674 of the Revised Code, 786 and including debt service charges on bonds provided for in 787 division (B) of section 307.674 of the Revised Code, the 788 legislative authority of a county, by resolution adopted within 789 ninety days after June 30, 1993, by a majority of the members of 790 the legislative authority, may levy an additional excise tax not 791 to exceed one and one-half per cent on transactions by which 792 lodging by a hotel is or is to be furnished to transient guests. 793 The excise tax authorized by this division shall be in addition to 794 any tax that is levied pursuant to divisions (A), (B), (C), and 795 (D) of this section, to any excise tax levied pursuant to section 796 5739.08 of the Revised Code, and to any excise tax levied pursuant 797
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798 to section 351.021 of the Revised Code. The legislative authority 799 of the county shall establish all regulations necessary to provide 800 for the administration and allocation of the tax. The regulations 801 may prescribe the time for payment of the tax, and may provide for 802 the imposition of a penalty or interest, or both, for late 803 payments, provided that the penalty does not exceed ten per cent 804 of the amount of tax due, and the rate at which interest accrues 805 does not exceed the rate per annum prescribed pursuant to section 806 5703.47 of the Revised Code. All revenues arising from the tax 807 shall be expended in accordance with section 307.672 of the 808 Revised Code and this division. The levy of a tax imposed under 809 this division shall not commence prior to the first day of the 810 month next following the execution of the cooperative agreement 811 authorized by section 307.672 of the Revised Code by all parties 812 to that agreement. The tax shall remain in effect at the rate at 813 which it is imposed for the period of time determined by the 814 legislative authority of the county. That period of time shall not 815 exceed fifteen years, except that the legislative authority of a 816 county with a population of less than two hundred fifty thousand 817 according to the most recent federal decennial census, by 818 resolution adopted by a majority of its members before the 819 original tax expires, may extend the duration of the tax for an 820 additional period of time. The additional period of time by which 821 a legislative authority extends a tax levied under this division 822 shall not exceed fifteen years.
(F) The legislative authority of a county that has levied a 823 tax under division (E) of this section may, by resolution adopted 824 within one hundred eighty days after January 4, 2001, by a 825 majority of the members of the legislative authority, amend the 826 resolution levying a tax under that division to provide for the 827 use of the proceeds of that tax, to the extent that it is no 828
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829 longer needed for its original purpose as determined by the 830 parties to a cooperative agreement amendment pursuant to division 831 (D) of section 307.672 of the Revised Code, to pay costs of 832 acquiring, constructing, renovating, rehabilitating, equipping, 833 and improving a port authority educational and cultural performing 834 arts facility, including debt service charges on bonds provided 835 for in division (B) of section 307.674 of the Revised Code, and to 836 pay all obligations under any guaranty agreements, reimbursement 837 agreements, or other credit enhancement agreements described in 838 division (C) of section 307.674 of the Revised Code. The 839 resolution may also provide for the extension of the tax at the 840 same rate for the longer of the period of time determined by the 841 legislative authority of the county, but not to exceed an 842 additional twenty-five years, or the period of time required to 843 pay all debt service charges on bonds provided for in division (B) 844 of section 307.672 of the Revised Code and on port authority 845 revenue bonds provided for in division (B) of section 307.674 of 846 the Revised Code. All revenues arising from the amendment and 847 extension of the tax shall be expended in accordance with section 848 307.674 of the Revised Code, this division, and division (E) of 849 this section.
(G) For purposes of a tax levied by a county, township, or 850 municipal corporation under this section or section 5739.08 of the 851 Revised Code, a board of county commissioners, board of township 852 trustees, or the legislative authority of a municipal corporation 853 may adopt a resolution or ordinance at any time specifying that 854 "hotel," as otherwise defined in section 5739.01 of the Revised 855 Code, includes the following: 856
(1) Establishments in which fewer than five rooms are used 857 for the accommodation of guests. 858
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(2) Establishments at which rooms are used for the 859 accommodation of guests regardless of whether each room is 860 accessible through its own keyed entry or several rooms are 861 accessible through the same keyed entry; and, in determining the 862 number of rooms, all rooms are included regardless of the number 863 of structures in which the rooms are situated or the number of 864 parcels of land on which the structures are located if the 865 structures are under the same ownership and the structures are not 866 identified in advertisements of the accommodations as distinct 867 establishments. For the purposes of division (G)(2) of this 868 section, two or more structures are under the same ownership if 869 they are owned by the same person, or if they are owned by two or 870 more persons the majority of the ownership interests of which are 871 owned by the same person. 872
The resolution or ordinance may apply to a tax imposed 873 pursuant to this section prior to the adoption of the resolution 874 or ordinance if the resolution or ordinance so states, but the tax 875 shall not apply to transactions by which lodging by such an 876 establishment is provided to transient guests prior to the 877 adoption of the resolution or ordinance. 878
(H)(1) As used in this division: 879
(a) "Convention facilities authority" has the same meaning as 880 in section 351.01 of the Revised Code. 881
(b) "Convention center" has the same meaning as in section 882 307.695 of the Revised Code. 883
(2) Notwithstanding any contrary provision of division (D) of 884 this section, the legislative authority of a county with a 885 population of one million or more according to the most recent 886 federal decennial census that has levied a tax under division (D) 887 of this section may, by resolution adopted by a majority of the 888
130HB483-HC0455/BLF HC0455 Page 31
889 members of the legislative authority, provide for the extension of 890 such levy and may provide that the proceeds of that tax, to the 891 extent that they are no longer needed for their original purpose 892 as defined by a cooperative agreement entered into under section 893 307.671 of the Revised Code, shall be deposited into the county 894 general revenue fund. The resolution shall provide for the 895 extension of the tax at a rate not to exceed the rate specified in 896 division (D) of this section for a period of time determined by 897 the legislative authority of the county, but not to exceed an 898 additional forty years.
(3) The legislative authority of a county with a population 899 of one million or more that has levied a tax under division (A)(1) 900 of this section may, by resolution adopted by a majority of the 901 members of the legislative authority, increase the rate of the tax 902 levied by such county under division (A)(1) of this section to a 903 rate not to exceed five per cent on transactions by which lodging 904 by a hotel is or is to be furnished to transient guests. 905 Notwithstanding any contrary provision of division (A)(1) of this 906 section, the resolution may provide that all collections resulting 907 from the rate levied in excess of three per cent, after deducting 908 the real and actual costs of administering the tax, shall be 909 deposited in the county general fund. 910
(4) The legislative authority of a county with a population 911 of one million or more that has levied a tax under division (A)(1) 912 of this section may, by resolution adopted on or before August 30, 913 2004, by a majority of the members of the legislative authority, 914 provide that all or a portion of the proceeds of the tax levied 915 under division (A)(1) of this section, after deducting the real 916 and actual costs of administering the tax and the amounts required 917 to be returned to townships and municipal corporations with 918 respect to the first three per cent levied under division (A)(1) 919
130HB483-HC0455/BLF HC0455 Page 32
920 of this section, shall be deposited in the county general fund, 921 provided that such proceeds shall be used to satisfy any pledges 922 made in connection with an agreement entered into under section 923 307.695 of the Revised Code.
(5) No amount collected from a tax levied, extended, or 924 required to be deposited in the county general fund under division 925 (H) of this section shall be contributed to a convention 926 facilities authority, corporation, or other entity created after 927 July 1, 2003, for the principal purpose of constructing, 928 improving, expanding, equipping, financing, or operating a 929 convention center unless the mayor of the municipal corporation in 930 which the convention center is to be operated by that convention 931 facilities authority, corporation, or other entity has consented 932 to the creation of that convention facilities authority, 933 corporation, or entity. Notwithstanding any contrary provision of 934 section 351.04 of the Revised Code, if a tax is levied by a county 935 under division (H) of this section, the board of county 936 commissioners of that county may determine the manner of 937 selection, the qualifications, the number, and terms of office of 938 the members of the board of directors of any convention facilities 939 authority, corporation, or other entity described in division 940 (H)(5) of this section. 941
(6)(a) No amount collected from a tax levied, extended, or 942 required to be deposited in the county general fund under division 943 (H) of this section may be used for any purpose other than paying 944 the direct and indirect costs of constructing, improving, 945 expanding, equipping, financing, or operating a convention center 946 and for the real and actual costs of administering the tax, 947 unless, prior to the adoption of the resolution of the legislative 948 authority of the county authorizing the levy, extension, increase, 949 or deposit, the county and the mayor of the most populous 950
130HB483-HC0455/BLF HC0455 Page 33
951 municipal corporation in that county have entered into an 952 agreement as to the use of such amounts, provided that such 953 agreement has been approved by a majority of the mayors of the 954 other municipal corporations in that county. The agreement shall 955 provide that the amounts to be used for purposes other than paying 956 the convention center or administrative costs described in 957 division (H)(6)(a) of this section be used only for the direct and 958 indirect costs of capital improvements, including the financing of 959 capital improvements.
(b) If the county in which the tax is levied has an 960 association of mayors and city managers, the approval of that 961 association of an agreement described in division (H)(6)(a) of 962 this section shall be considered to be the approval of the 963 majority of the mayors of the other municipal corporations for 964 purposes of that division. 965
(7) Each year, the auditor of state shall conduct an audit of 966 the uses of any amounts collected from taxes levied, extended, or 967 deposited under division (H) of this section and shall prepare a 968 report of the auditor of state's findings. The auditor of state 969 shall submit the report to the legislative authority of the county 970 that has levied, extended, or deposited the tax, the speaker of 971 the house of representatives, the president of the senate, and the 972 leaders of the minority parties of the house of representatives 973 and the senate. 974
(I)(1) As used in this division: 975
(a) "Convention facilities authority" has the same meaning as 976 in section 351.01 of the Revised Code. 977
(b) "Convention center" has the same meaning as in section 978 307.695 of the Revised Code. 979
130HB483-HC0455/BLF HC0455 Page 34
(2) Notwithstanding any contrary provision of division (D) of 980 this section, the legislative authority of a county with a 981 population of one million two hundred thousand or more according 982 to the most recent federal decennial census or the most recent 983 annual population estimate published or released by the United 984 States census bureau at the time the resolution is adopted placing 985 the levy on the ballot, that has levied a tax under division (D) 986 of this section may, by resolution adopted by a majority of the 987 members of the legislative authority, provide for the extension of 988 such levy and may provide that the proceeds of that tax, to the 989 extent that the proceeds are no longer needed for their original 990 purpose as defined by a cooperative agreement entered into under 991 section 307.671 of the Revised Code and after deducting the real 992 and actual costs of administering the tax, shall be used for 993 paying the direct and indirect costs of constructing, improving, 994 expanding, equipping, financing, or operating a convention center. 995 The resolution shall provide for the extension of the tax at a 996 rate not to exceed the rate specified in division (D) of this 997 section for a period of time determined by the legislative 998 authority of the county, but not to exceed an additional forty 999 years. 1000
(3) The legislative authority of a county with a population 1001 of one million two hundred thousand or more that has levied a tax 1002 under division (A)(1) of this section may, by resolution adopted 1003 by a majority of the members of the legislative authority, 1004 increase the rate of the tax levied by such county under division 1005 (A)(1) of this section to a rate not to exceed five per cent on 1006 transactions by which lodging by a hotel is or is to be furnished 1007 to transient guests. Notwithstanding any contrary provision of 1008 division (A)(1) of this section, the resolution shall provide that 1009 all collections resulting from the rate levied in excess of three 1010
130HB483-HC0455/BLF HC0455 Page 35
1011 per cent, after deducting the real and actual costs of 1012 administering the tax, shall be used for paying the direct and 1013 indirect costs of constructing, improving, expanding, equipping, 1014 financing, or operating a convention center.
(4) The legislative authority of a county with a population 1015 of one million two hundred thousand or more that has levied a tax 1016 under division (A)(1) of this section may, by resolution adopted 1017 on or before July 1, 2008, by a majority of the members of the 1018 legislative authority, provide that all or a portion of the 1019 proceeds of the tax levied under division (A)(1) of this section, 1020 after deducting the real and actual costs of administering the tax 1021 and the amounts required to be returned to townships and municipal 1022 corporations with respect to the first three per cent levied under 1023 division (A)(1) of this section, shall be used to satisfy any 1024 pledges made in connection with an agreement entered into under 1025 section 307.695 of the Revised Code or shall otherwise be used for 1026 paying the direct and indirect costs of constructing, improving, 1027 expanding, equipping, financing, or operating a convention center. 1028
(5) Any amount collected from a tax levied or extended under 1029 division (I) of this section may be contributed to a convention 1030 facilities authority created before July 1, 2005, but no amount 1031 collected from a tax levied or extended under division (I) of this 1032 section may be contributed to a convention facilities authority, 1033 corporation, or other entity created after July 1, 2005, unless 1034 the mayor of the municipal corporation in which the convention 1035 center is to be operated by that convention facilities authority, 1036 corporation, or other entity has consented to the creation of that 1037 convention facilities authority, corporation, or entity. 1038
(J) All (1) Except as provided in division (J)(2) of this 1039 section, money collected by a county and distributed under this 1040
130HB483-HC0455/BLF HC0455 Page 36 section to a convention and visitors' bureau in existence as of 1041 June 30, 2013, the effective date of H.B. 59 of the 130th general 1042 assembly, except for any such money pledged, as of that effective 1043 date, to the payment of debt service charges on bonds, notes, 1044 securities, or lease agreements, shall be used solely for tourism 1045 sales, marketing and promotion, and their associated costs, 1046 including, but not limited to, operational and administrative 1047 costs of the bureau, sales and marketing, and maintenance of the 1048 physical bureau structure. 1049
(2) A convention and visitors' bureau that has entered into 1050 an agreement under section 307.678 of the Revised Code may use 1051 revenue it receives from a tax levied under division (A)(1) of 1052 this section for the purposes described in division (D) of section 1053 307.678 of the Revised Code." 1054
In line 18357, after "126.25," insert "133.07," 1055
In line 18376, delete "and"; after "5713.012" insert ", and 1056 5739.09" 1057
After line 21182, insert: 1058
"Section _____. Section 133.07 of the Revised Code is 1059 presented in this act as a composite of the section as amended by 1060 both Am. Sub. H.B. 699 and Sub. S.B. 126 of the 126th General 1061 Assembly. The General Assembly, applying the principle stated in 1062 division (B) of section 1.52 of the Revised Code that amendments 1063 are to be harmonized if reasonably capable of simultaneous 1064 operation, finds that the composite is the resulting version of 1065 the section in effect prior to the effective date of the section 1066 as presented in this act." 1067
In line 3 of the title, after "126.25," insert "133.07," 1068
In line 29 of the title, delete "and"; after "5713.012" 1069
130HB483-HC0455/BLF HC0455 Page 37
1070 insert ", and 5739.09"
In line 30 of the title, after "164.261," insert "307.678," 1071
The motion was ______agreed to.
SYNOPSIS
1072
Use of lodging tax for stadium improvement and maintenance 1073
R.C. 133.07 and 5739.09 (amended); R.C. 307.678 (enacted) 1074
Allows a county with a population of between 375,000 and 1075 400,000 and a convention and visitors' bureau located in that 1076 county to use revenues from an existing lodging tax to finance 1077 projects to improve and maintain a stadium located in the county, 1078 in cooperation with other parties. (Currently, the only county 1079 with a population of between 375,000 and 400,000 is Stark County.) 1080
130HB483-HC0455/BLF HC0457 H.B. 483 As Introduced
______moved to amend as follows:
In line 51, after "2152.19," insert "2305.11," 1
Between lines 5802 and 5803, insert: 2
"Sec. 2305.11. (A) An action for libel, slander, malicious 3 prosecution, or false imprisonment, an action for malpractice 4 other than an action upon a medical, dental, optometric, or 5 chiropractic claim or against a registered surveyor, or an action 6 upon a statute for a penalty or forfeiture shall be commenced 7 within one year after the cause of action accrued, provided that 8 an action by an employee for the payment of unpaid minimum wages, 9 unpaid overtime compensation, or liquidated damages by reason of 10 the nonpayment of minimum wages or overtime compensation shall be 11 commenced within two years after the cause of action accrued. 12
(B) An action for malpractice against a registered surveyor 13 shall be commenced within four years after the completion of the 14 engagement on which the cause of action is based. 15
(C) A civil action for unlawful abortion pursuant to section 16 2919.12 of the Revised Code, a civil action authorized by division 17 (H) of section 2317.56 of the Revised Code, a civil action 18 pursuant to division (B)(1) or (2) of section 2307.51 of the 19 Revised Code for performing a dilation and extraction procedure or 20
130HB483-HC0457/SS HC0457 Page 2
attempting to perform a dilation and extraction procedure in 21 violation of section 2919.15 of the Revised Code, and a civil 22 action pursuant to division (B) of section 2307.52 of the Revised 23 Code for terminating or attempting to terminate a human pregnancy 24 after viability in violation of division (A) of section 2919.17 of 25 the Revised Code shall be commenced within one year after the 26 performance or inducement of the abortion, within one year after 27 the attempt to perform or induce the abortion in violation of 28 division (A) of section 2919.17 of the Revised Code, within one 29 year after the performance of the dilation and extraction 30 procedure, or, in the case of a civil action pursuant to division 31 (B)(2) of section 2307.51 of the Revised Code, within one year 32 after the attempt to perform the dilation and extraction 33 procedure. 34
(C)(D) As used in this section, "medical claim," "dental 35 claim," "optometric claim," and "chiropractic claim" have the same 36 meanings as in section 2305.113 of the Revised Code." 37
In line 18360, after "2152.19," insert "2305.11," 38
In line 8 of the title, after "2152.19," insert "2305.11," 39
The motion was ______agreed to.
SYNOPSIS
Limitation of actions against registered surveyors 40
R.C. 2305.11 41
Establishes four years from the completion of the engagement 42 on which the cause of action is based as the period within which 43 malpractice actions against registered surveyors must be 44
130HB483-HC0457/SS HC0457 Page 3
45 commenced.
130HB483-HC0457/SS HC0466X2 H.B. 483 As Introduced
______moved to amend as follows:
In line 18523, after "301.10," insert "301.40," 1
Between lines 20262a and 20263, insert: 2 "GRF 600545 Workforce Pilot $ 0 $ 3,000,000" 3 Program
In line 20266, strike through the second "$724,580,115" and 4 insert "$727,580,115" 5
In line 20268, strike through the second "$762,782,672" and 6 insert "$765,782,672" 7
In line 20321a, delete "$3,545,171,446" and insert 8 "$3,548,171,446" 9
Between lines 20321a and 20323, insert: 10
"Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS 11
(A) The foregoing appropriation item 600521, Family 12 Assistance - Local, may be provided to county departments of job 13 and family services to administer food assistance and disability 14 assistance programs. 15
(B) The foregoing appropriation item 655522, Medicaid Program 16 Support - Local, may be provided to county departments of job and 17 family services to administer the Medicaid program and the State 18
130HB483-HC0466X2/RYT HC0466X2 Page 2
19 Children's Health Insurance program.
(C) At the request of the Director of Job and Family 20 Services, the Director of Budget and Management may transfer 21 appropriations between appropriation item 600521, Family 22 Assistance - Local, and appropriation item 655522, Medicaid 23 Program Support - Local, in order to ensure county administrative 24 funds are expended from the proper appropriation item. 25
(D) If receipts credited to the Medicaid Program Support Fund 26 (Fund 3F01) and the Supplemental Nutrition Assistance Program Fund 27 (Fund 3840) exceed the amounts appropriated, the Director of Job 28 and Family Services shall request the Director of Budget and 29 Management to authorize expenditures from those funds in excess of 30 the amounts appropriated. Upon approval of the Director of Budget 31 and Management, the additional amounts are hereby appropriated. 32
WORKFORCE PILOT PROGRAM 33
The foregoing appropriation item 600545, Workforce Pilot 34 Program, shall be used for the Workforce Training Pilot Program 35 for the Economically Disadvantaged." 36
In line 21065, after "301.10," insert "301.40," 37
Between lines 21103 and 21104, insert: 38
"Section 751.___. WORKFORCE TRAINING PILOT PROGRAM FOR THE 39 ECONOMICALLY DISADVANTAGED 40
(A) The Workforce Training Pilot Program for the Economically 41 Disadvantaged is hereby established to provide grants to provide 42 training in life and technical skills. The Director of Job and 43 Family Services shall administer the Pilot Program for a period of 44 two years, beginning July 1, 2014. 45
(B) The Director of Job and Family Services, in consultation 46
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47 with the Director of Development Services and JobsOhio, shall 48 issue a request for proposals from entities seeking to receive a 49 grant under this section to create and administer a demonstration 50 project in the field of workforce development. The demonstration 51 project shall provide training to those individuals located in the 52 region described in division (C) of this section where the project 53 is located who the applicant determines are economically 54 disadvantaged. The request for proposals shall include all of the 55 following as conditions of eligibility to receive a grant:
(1) The applicant must include in the proposal a description 56 of the manner in which the applicant will determine whether an 57 individual is economically disadvantaged. 58
(2) The demonstration project must provide life skills 59 training to assist an individual in developing character traits 60 necessary to obtain employment, as well as technical and 61 field-related training. 62
(3) In creating and administering the demonstration project, 63 the applicant must collaborate with an organization in the region 64 described in division (C) of this section where the project is 65 located and with at least one organization that is a 66 community-based nonprofit organization with experience in 67 life-skill support services and workforce development. 68
(4) The applicant must satisfy any other requirements 69 established in the request for proposals. 70
(C)(1) The Director of Job and Family Services, in 71 consultation with the Director of Development Services and 72 JobsOhio, shall award a grant in fiscal year 2015 for a 73 demonstration project described in division (B) of this section in 74 each of the following regions of the state: 75
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(a) The counties of Allen, Crawford, Defiance, Fulton, 76 Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, 77 Seneca, Van Wert, Williams, Wood, and Wyandot; 78
(b) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga, 79 Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, 80 Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne; 81
(c) The counties of Auglaize, Champaign, Clark, Clinton, 82 Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and 83 Shelby; 84
(d) The counties of Delaware, Fairfield, Franklin, Knox, 85 Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union; 86
(e) The counties of Adams, Athens, Belmont, Carroll, 87 Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, 88 Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, 89 Noble, Perry, Pike, Ross, Scioto, Vinton, and Washington; 90
(f) The counties of Brown, Butler, Clermont, Hamilton, and 91 Warren. 92
(2) The Director of Job and Family Services may award a grant 93 to one or two demonstration projects located in a region described 94 in division (C)(1) of this section; however, no region shall 95 receive more than two million dollars in grant funding under this 96 section. 97
(D) The Director of Job and Family Services shall adopt rules 98 in accordance with Chapter 119. of the Revised Code to establish 99 reporting requirements for recipients of grants awarded under this 100 section. The rules shall require a grant recipient to report on 101 the successful completion rate of demonstration project 102 participants, rate of job placement of participants, tracking of 103 participant's employment after completion of the project, and any 104
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105 other information requested by the Director. The Director shall 106 require grant recipients to report this information during the 107 two-year Pilot Program and to submit a final report upon the 108 expiration of the Pilot Program. A grant recipient shall comply 109 with rules adopted by the Director."
In line 38 of the title, after "301.10," insert "301.40," 110
The motion was ______agreed to.
SYNOPSIS
Workforce Training Pilot Program for the Economically 111 Disadvantaged 112
Section 751.___ 113
Establishes the Workforce Training Pilot Program for the 114 Economically Disadvantaged to provide grants for demonstration 115 projects in the fields of workforce development and life skills 116 training. 117
Requires the Director of Job and Family Services to 118 administer the program for two years beginning July 1, 2014. 119
Department of Job and Family Services 120
Section 610.20 121
Establishes an appropriation of $3.0 million in FY 2015 in 122 GRF appropriation item 600545, Workforce Pilot Program, to be used 123 for the Workforce Training Pilot Program for the Economically 124 Disadvantaged. 125
130HB483-HC0466X2/RYT HC0477X3 H.B. 483 As Introduced
______moved to amend as follows:
In line 57, after "4729.83," insert "4731.24, 4731.241," 1
Between lines 11868 and 11869, insert: 2
"Sec. 4731.24. Except as provided in sections 4731.281 and 3 4731.40 of the Revised Code, all receipts of the state medical 4 board, from any source, shall be deposited in the state treasury. 5 Until July 1, 1998, the funds shall be deposited to the credit of 6 the occupational licensing and regulatory fund. On and after July 7 1, 1998, the funds shall be deposited to the credit of the state 8 medical board operating fund, which is hereby created on July 1, 9 1998. All Except as provided in section 4731.24 of the Revised 10 Code, all funds deposited into the state treasury under this 11 section shall be used solely for the administration and 12 enforcement of this chapter and Chapters 4730., 4760., 4762., 13 4774., and 4778. of the Revised Code by the board. 14
Sec. 4731.241. (A) The state medical board may solicit and 15 accept grants and services from public and private sources for the 16 purpose of developing and maintaining programs that address 17 patient safety and education, supply and demand of health care 18 professionals, and information sharing with the public and the 19 individuals regulated by the board. The board shall not solicit or 20
130HB483-HC0477X3/RYT HC0477X3 Page 2
accept a grant or service that would interfere with the board's 21 independence or objectivity, as determined by the board. 22
Money received by the board under this section division shall 23 be deposited into the state treasury to the credit of the medical 24 board education and patient safety fund, which is hereby created. 25 The money shall be used solely in accordance with this section. 26
(B) The board may accept from the state, a political 27 subdivision of the state, or the federal government money that 28 results from a fine, civil penalty, or seizure or forfeiture of 29 property. Money received by the board under this division shall be 30 deposited in accordance with section 4731.24 of the Revised Code. 31 The money shall be used solely to further the investigation, 32 enforcement, and compliance activities of the board." 33
In line 18366, after "4729.83," insert "4731.24, 4731.241," 34
In line 15 of the title, after "4729.83," insert "4731.24, 35 4731.241," 36
The motion was ______agreed to.
SYNOPSIS
State Medical Board acceptance from the state, a political 37 subdivision, or the federal government of money from a fine, civil 38 penalty, or seizure or forfeiture of property 39
R.C. 4731.24 and 4731.241 40
Authorizes the State Medical Board to accept from the state, 41 a political subdivision of the state, or the federal government 42 money that results from a fine, civil penalty, or seizure or 43
130HB483-HC0477X3/RYT HC0477X3 Page 3
44 forfeiture of property.
130HB483-HC0477X3/RYT HC0480 H.B. 483 As Introduced
______moved to amend as follows:
In line 47, after "119.03," insert "122.12," 1
Between lines 1386 and 1387, insert: 2
"Sec. 122.12. As used in this section and in section 122.121 3 of the Revised Code: 4
(A) "Endorsing county" means a county that contains a site 5 selected by a site selection organization for one or more games. 6
(B) "Endorsing municipality" means a municipal corporation 7 that contains a site selected by a site selection organization for 8 one or more games. 9
(C) "Game support contract" means a joinder undertaking, 10 joinder agreement, or similar contract executed by an endorsing 11 municipality or endorsing county and a site selection 12 organization. 13
(D)(1) "Game" means a national or international competition 14 of football, auto racing, rugby, cricket, horse racing, mixed 15 martial arts, boxing, or any sport that is governed by an 16 international federation and included in at least one of the 17 following: 18
(1)(a) Olympic games; 19
130HB483-HC0480/RH HC0480 Page 2
(2)(b) Pan American games; 20
(3)(c) Commonwealth games. 21
(2) "Game" includes the special olympics. 22
(E) "Joinder agreement" means an agreement entered into by a 23 local organizing committee, endorsing municipality, or endorsing 24 county, or more than one endorsing municipality or county acting 25 collectively and a site selection organization setting out 26 representations and assurances by each endorsing municipality or 27 endorsing county in connection with the selection of a site in 28 this state for the location of a game. 29
(F) "Joinder undertaking" means an agreement entered into by 30 a local organizing committee, endorsing municipality, or endorsing 31 county, or more than one endorsing municipality or county acting 32 collectively and a site selection organization that each endorsing 33 municipality or endorsing county will execute a joinder agreement 34 in the event that the site selection organization selects a site 35 in this state for a game. 36
(G) "Local organizing committee" means a nonprofit 37 corporation or its successor in interest that: 38
(1) Has been authorized by an endorsing municipality, 39 endorsing county, or more than one endorsing municipality or 40 county acting collectively to pursue an application and bid on the 41 applicant's behalf to a site selection organization for selection 42 as the site of one or more games; or 43
(2) With the authorization of an endorsing municipality, 44 endorsing county, or more than one endorsing municipality or 45 county acting collectively, has executed an agreement with a site 46 selection organization regarding a bid to host one or more games. 47
(H) "Site selection organization" means the national or 48
130HB483-HC0480/RH HC0480 Page 3
49 international governing body of a sport that is recognized as such 50 by the endorsing municipality, endorsing county, or local 51 organizing committee."
In line 18356, after "119.03," insert "122.12," 52
In line 2 of the title, after "119.03," insert "122.12," 53
The motion was ______agreed to.
SYNOPSIS
Sports incentive grants 54
R.C. 122.12 55
Includes boxing and the Special Olympics as eligible sports 56 competitions for purposes of the existing program under which 57 grants are awarded by the Director of Development Services to 58 local organizing committees, counties, and municipalities to 59 support the selection of a site for any of the national or 60 international sports competitions specified by law. 61
130HB483-HC0480/RH HC0484 H.B. 483 As Introduced
______moved to amend as follows:
In line 18522, after "257.10," insert "257.20," 1
In line 19117, strike through the second "$13,547,341" and 2 insert "$15,837,841" 3
In line 19124a, delete "$129,976,145" and insert 4 "$132,266,645" 5
In line 19199a, delete "$1,230,971,035" and insert 6 "$1,233,261,535" 7
Between lines 19199a and 19201, insert: 8
"Sec. 257.20. COAL RESEARCH OPERATING 9
The foregoing appropriation item 195402, Coal Research 10 Operating, shall be used for the operating expenses of the 11 Community Services Division in support of the Ohio Coal 12 Development Office. 13
TRAVEL AND TOURISM 14
The foregoing appropriation item 195407, Travel and Tourism, 15 shall be used for marketing the state of Ohio as a tourism 16 destination and to support administrative expenses and contracts 17 necessary to market Ohio. 18
BUSINESS DEVELOPMENT SERVICES 19
130HB483-HC0484/SS HC0484 Page 2
The foregoing appropriation item 195415, Business Development 20 Services, shall be used for the operating expenses of the Business 21 Services Division and the regional economic development offices 22 and for grants for cooperative economic development ventures. 23
REDEVELOPMENT ASSISTANCE 24
The foregoing appropriation item 195426, Redevelopment 25 Assistance, shall be used to fund the costs of administering the 26 Clean Ohio Revitalization program and other urban revitalization 27 programs that may be implemented by the Development Services 28 Agency. Of the foregoing appropriation item 195426, Redevelopment 29 Assistance, $1,500,000 in fiscal year 2014 shall be used for the 30 Famicos Foundation. 31
CDBG OPERATING MATCH 32
The foregoing appropriation item 195497, CDBG Operating 33 Match, shall be used as matching funds for grants from the United 34 States Department of Housing and Urban Development pursuant to the 35 Housing and Community Development Act of 1974 and regulations and 36 policy guidelines for the programs pursuant thereto. 37
APPALACHIAN LOCAL DEVELOPMENT DISTRICTS 38
The foregoing appropriation item 195501, Appalachian Local 39 Development Districts, shall be used to support four local 40 development districts. Of the foregoing appropriation amount in 41 each fiscal year, up to $135,000 shall be allocated to the Ohio 42 Valley Regional Development Commission, up to $135,000 shall be 43 allocated to the Ohio Mid-Eastern Government Association, up to 44 $135,000 shall be allocated to the Buckeye Hills-Hocking Valley 45 Regional Development District, and up to $35,000 shall be 46 allocated to the Eastgate Regional Council of Governments. Local 47 development districts receiving funding under this section shall 48
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49 use the funds for the implementation and administration of 50 programs and duties under section 107.21 of the Revised Code.
TECHNOLOGY PROGRAMS AND GRANTS 51
Of the foregoing appropriation item 195532, Technology 52 Programs and Grants, up to $547,341 in each fiscal year shall be 53 used for operating expenses incurred in administering the Ohio 54 Third Frontier pursuant to sections 184.10 to 184.20 of the 55 Revised Code; up to $13,000,000 in each fiscal year shall be used 56 for the Thomas Edison Program pursuant to sections 122.28 to 57 122.38 of the Revised Code, of which not more than ten per cent 58 shall be used for operating expenses incurred in administering the 59 program. 60
Of the foregoing appropriation item 195532, Technology 61 Programs and Grants, up to $1,510,000 in fiscal year 2015 shall be 62 allocated to Connect Ohio to support the Digital Works initiative. 63
Of the foregoing appropriation item 195532, Technology 64 Programs and Grants, up to $780,500 in fiscal year 2015 shall be 65 allocated to Connect Ohio to provide broadband mapping and 66 economic development consultation services. 67
BUSINESS ASSISTANCE 68
The foregoing appropriation item 195533, Business Assistance, 69 may be used to provide a range of business assistance, including 70 grants to local organizations to support economic development 71 activities that promote minority business development, small 72 business development, entrepreneurship, and exports of Ohio's 73 goods and services. This appropriation item shall also be used as 74 matching funds for grants from the United States Small Business 75 Administration and other federal agencies, pursuant to Public Law 76 No. 96-302 as amended by Public Law No. 98-395, and regulations 77
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78 and policy guidelines for the programs pursuant thereto.
APPALACHIA ASSISTANCE 79
The foregoing appropriation item 195535, Appalachia 80 Assistance, may be used for the administrative costs of planning 81 and liaison activities for the Governor's Office of Appalachia, to 82 provide financial assistance to projects in Ohio's Appalachian 83 counties, and to pay dues for the Appalachian Regional Commission. 84 These funds may be used to match federal funds from the 85 Appalachian Regional Commission. 86
OHIO-ISRAEL AGRICULTURE INITIATIVE 87
The foregoing appropriation item 195537, Ohio-Israel 88 Agricultural Initiative, shall be used for the Ohio-Israel 89 Agricultural Initiative. 90
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE 91
The foregoing appropriation line item 195901, Coal Research 92 and Development General Obligation Debt Service, shall be used to 93 pay all debt service and related financing costs during the period 94 July 1, 2013, through June 30, 2015 for obligations issued under 95 sections 151.01 and 151.07 of the Revised Code. 96
THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT 97 SERVICE 98
The foregoing appropriation item 195905, Third Frontier 99 Research & Development General Obligation Debt Service, shall be 100 used to pay all debt service and related financing costs during 101 the period from July 1, 2013, through June 30, 2015, on 102 obligations issued for research and development purposes under 103 sections 151.01 and 151.10 of the Revised Code. 104
JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE 105
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The foregoing appropriation item 195912, Job Ready Site 106 Development General Obligation Debt Service, shall be used to pay 107 all debt service and related financing costs during the period 108 from July 1, 2013, through June 30, 2015, on obligations issued 109 for job ready site development purposes under sections 151.01 and 110 151.11 of the Revised Code." 111
In line 21063, after "257.10," insert "257.20," 112
In line 36 of the title, after "257.10," insert "257.20," 113
The motion was ______agreed to.
SYNOPSIS
114
Development Services Agency 115
Section 610.20, amends Sections 257.10 and 257.20 of H.B. 59 116
Increases appropriations to GRF appropriation item 195532, 117 Technology Programs and Grants, by $2,290,500 in FY 2015. 118
Adds two earmarks to the same line item in FY 2015, both 119 allocated to Connect Ohio, providing (1) up to $1,510,000 to 120 support the Digital Works initiative, and (2) up to $780,500 to 121 provide broadband mapping and economic development consultation 122 services. 123
130HB483-HC0484/SS HC0485 H.B. 483 As Introduced
______moved to amend as follows:
In line 55, after "3737.02," insert "3772.02," 1
Between lines 8078 and 8079, insert: 2
"Sec. 3772.02. (A) There is hereby created the Ohio casino 3 control commission described in Section 6(C)(1) of Article XV, 4 Ohio Constitution. 5
(B) The commission shall consist of seven members appointed 6 within one month of the effective date of this section September 7 10, 2010, by the governor with the advice and consent of the 8 senate. The governor shall forward all appointments to the senate 9 within twenty-four hours. 10
(1) Each commission member is eligible for reappointment at 11 the discretion of the governor. No commission member shall be 12 appointed for more than three terms in total. 13
(2) Each commission member shall be a resident of Ohio. 14
(3) At least one commission member shall be experienced in 15 law enforcement and criminal investigation. 16
(4) At least one commission member shall be a certified 17 public accountant experienced in accounting and auditing. 18
(5) At least one commission member shall be an attorney 19
130HB483-HC0485/SS HC0485 Page 2
20 admitted to the practice of law in Ohio.
(6) At least one commission member shall be a resident of a 21 county where one of the casino facilities is located. 22
(7) Not more than four commission members shall be of the 23 same political party. 24
(8) No commission member shall have any affiliation with an 25 Ohio casino operator or facility. 26
(C) Commission members shall serve four-year terms, except 27 that when the governor makes initial appointments to the 28 commission under this chapter, the governor shall appoint three 29 members to serve four-year terms with not more than two such 30 members from the same political party, two members to serve 31 three-year terms with such members not being from the same 32 political party, and two members to serve two-year terms with such 33 members not being from the same political party. 34
(D) Each commission member shall hold office from the date of 35 appointment until the end of the term for which the member was 36 appointed. Any member appointed to fill a vacancy occurring before 37 the expiration of the term for which the member's predecessor was 38 appointed shall hold office for the remainder of the unexpired 39 term. Any member shall continue in office after the expiration 40 date of the member's term until the member's successor takes 41 office, or until a period of sixty days has elapsed, whichever 42 occurs first. A vacancy in the commission membership shall be 43 filled in the same manner as the original appointment. 44
(E) The governor shall select one member to serve as 45 chairperson and the commission members shall select one member 46 from a different party than the chairperson to serve as 47 vice-chairperson. The governor may remove and replace the 48
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49 chairperson at any time. No such member shall serve as chairperson 50 for more than six successive years. The vice-chairperson shall 51 assume the duties of the chairperson in the absence of the 52 chairperson. The chairperson and vice-chairperson shall perform 53 but shall not be limited to additional duties as are prescribed by 54 commission rule.
(F) A commission member is not required to devote the 55 member's full time to membership on the commission. Each member of 56 the commission shall receive compensation of sixty thirty thousand 57 dollars per year, payable in monthly installments for the first 58 four years of the commission's existence. Each member shall 59 receive the member's actual and necessary expenses incurred in the 60 discharge of the member's official duties. 61
(G) The governor shall not appoint an individual to the 62 commission, and an individual shall not serve on the commission, 63 if the individual has been convicted of or pleaded guilty or no 64 contest to a disqualifying offense as defined in section 3772.07 65 of the Revised Code. Members coming under indictment or bill of 66 information of a disqualifying offense shall resign from the 67 commission immediately upon indictment. 68
(H) At least five commission members shall be present for the 69 commission to meet. The concurrence of four members is necessary 70 for the commission to take any action. All members shall vote on 71 the adoption of rules, and the approval of, and the suspension or 72 revocation of, the licenses of casino operators or management 73 companies, unless a member has a written leave of absence filed 74 with and approved by the chairperson. 75
(I) A commission member may be removed or suspended from 76 office in accordance with section 3.04 of the Revised Code. 77
(J) Each commission member, before entering upon the 78
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79 discharge of the member's official duties, shall make an oath to 80 uphold the Ohio Constitution and laws of the state of Ohio and 81 shall give a bond, payable by the commission, to the treasurer of 82 state, in the sum of ten thousand dollars with sufficient sureties 83 to be approved by the treasurer of state, which bond shall be 84 filed with the secretary of state.
(K) The commission shall hold one regular meeting each month 85 and shall convene other meetings at the request of the chairperson 86 or a majority of the members. A member who fails to attend at 87 least three-fifths of the regular and special meetings of the 88 commission during any two-year period forfeits membership on the 89 commission. All meetings of the commission shall be open meetings 90 under section 121.22 of the Revised Code except as otherwise 91 allowed by law." 92
In line 18364, after "3737.02," insert "3772.02," 93
In line 13 of the title, after "3737.02," insert "3772.02," 94
The motion was ______agreed to.
SYNOPSIS
Ohio Casino Control commissioner salary 95
R.C. 3772.02 96
Entitles an Ohio Casino Control Commission member to an 97 annual salary of $30,000. 98
Removes a provision that entitled a Commission member to a 99 $60,000 annual salary for the first four years of the Commission's 100 existence. (The Commission was created in 2010.) 101
130HB483-HC0485/SS HC0487 H.B. 483 As Introduced
______moved to amend as follows:
In line 46, after "9.482," insert "103.63," 1
Between lines 234 and 235, insert: 2
"Sec. 103.63. There is established an Ohio constitutional 3 modernization commission consisting of thirty-two members. Twelve 4 members shall be appointed from the general assembly as follows: 5 three by the president of the senate, three by the minority leader 6 of the senate, three by the speaker of the house of 7 representatives, and three by the minority leader of the house of 8 representatives. Not later than On or before the tenth day of 9 January 1, 2012, and every two years thereafter even-numbered 10 year, the twelve general assembly members shall meet, organize, 11 and elect two co-chairpersons, who shall be from different 12 political parties. Beginning in 2014, the twelve general assembly 13 members shall elect one co-chairperson from each house of the 14 general assembly. The members shall then, by majority vote, 15 appoint twenty commission members, not from the general assembly. 16 All appointments shall end on the first day of January of every 17 even-numbered year, or as soon thereafter as successors are 18 appointed, and the commission shall then be re-created in the 19 manner provided above. Members may be reappointed. Vacancies on 20 the commission shall be filled in the manner provided for original 21
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appointments. 22
The members of the commission shall serve without 23 compensation, but each member shall be reimbursed for actual and 24 necessary expenses incurred while engaging in the performance of 25 the member's official duties. Membership on the commission does 26 not constitute holding another public office. The joint 27 legislative ethics committee is the appropriate ethics commission 28 as described in division (F) of section 102.01 of the Revised Code 29 for matters relating to the public members appointed to the Ohio 30 constitutional modernization commission." 31
In line 18355, after "9.482," insert "103.63," 32
In line 1 of the title, after "9.482," insert "103.63," 33
The motion was ______agreed to.
SYNOPSIS
Ohio Constitutional Modernization Commission: organization; 34 end of terms 35
R.C. 103.63 36
Requires the 12 General Assembly members appointed to the 37 Ohio Constitutional Modernization Commission to meet, organize, 38 and elect co-chairpersons, not by January 1, but on or before 39 January 10 every even-numbered year. 40
Adds that appointments to the commission, which under 41 continuing law end on the first day of January of every 42 even-numbered year, continue thereafter until successors are 43 appointed. 44
130HB483-HC0487/RYT HC0489 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 21067 and 21068, insert: 1
"Section ____. That Sections 207.100, 207.440, and 239.10 of 2 Am. H.B. 497 of the 130th General Assembly be amended to read as 3 follows: 4
Sec. 207.100. CCC CUYAHOGA COMMUNITY COLLEGE 5
Higher Education Improvement Fund (Fund 7034) 6 C37838 Structural Concrete Repairs $ 7,000,000 7 C37839 Roof Repair and Replacements $ 2,900,000 8 C37840 Workforce Economic Development $ 1,700,000 9 Renovations C37841 St. Vincent Charity Medical Center - $ 500,000 10 Geriatric Behavioral Health Project C37842 Playhouse Square Ohio Theatre $ 1,500,000 11 C37843 Cleveland Museum of Art - Final Phase $ 2,000,000 12 C37844 Rock and Roll Hall of Fame $ 1,060,522 13 TOTAL Higher Education Improvement Fund $ 15,600,000 14 16,660,522 TOTAL ALL FUNDS $ 15,600,000 15 16,660,522
130HB483-HC0489/SS HC0489 Page 2
Sec. 207.440. The Ohio Public Facilities Commission is hereby 17 authorized to issue and sell, in accordance with Section 2n of 18 Article VIII, Ohio Constitution, and Chapter 151. and particularly 19 sections 151.01 and 151.04 of the Revised Code, original 20 obligations in an aggregate principal amount not to exceed 21 $506,000,000 $507,000,000, in addition to the original issuance of 22 obligations heretofore authorized by prior acts of the General 23 Assembly. These authorized obligations shall be issued, subject to 24 applicable constitutional and statutory limitations, as needed to 25 provide sufficient moneys to the credit of the Higher Education 26 Improvement Fund (Fund 7034) and the Higher Education Improvement 27 Taxable Fund (Fund 7024) to pay costs of capital facilities as 28 defined in sections 151.01 and 151.04 of the Revised Code for 29 state-supported and state-assisted institutions of higher 30 education. 31
Sec. 239.10. FCC FACILITIES CONSTRUCTION COMMISSION 32
Lottery Profits Education Fund (Fund 7017) 33 C23014 Classroom Facilities Assistance Program $ 100,000,000 34 – Lottery Profits TOTAL Lottery Profits Education Fund $ 100,000,000 35
Administrative Building Fund (Fund 7026) 36 C23016 Energy Conservation Projects $ 3,000,000 37 C230E5 State Agency Planning/Assessment $ 500,000 38 TOTAL Administrative Building Fund $ 3,500,000 39
Cultural and Sports Facilities Building Fund (Fund 7030) 40 C23022 Woodward Opera House Redevelopment $ 100,000 41 C23023 OHS - Ohio History Center Exhibit $ 840,750 42 Replacement C23024 OHS - Statewide Site Exhibit Renovation $ 420,000 43
130HB483-HC0489/SS HC0489 Page 3
C23025 OHS - Statewide Site Repairs $ 1,152,700 44 C23027 OHS - Zoar Village Building Restoration $ 502,500 45 C23028 OHS - Basic Renovations and Emergency $ 850,000 46 Repairs C23030 OHS - Rankin House State Memorial $ 653,000 47 C23031 OHS - Harding Home State Memorial $ 250,000 48 C23032 OHS - Ohio Historical Center $ 985,000 49 Rehabilitation C23033 OHS - Stowe House State Memorial $ 300,000 50 C23038 OHS - Fort Amanda State Memorial $ 395,000 51 C23042 Tecumseh - Sugarloaf Mountain $ 33,500 52 Amphitheatre C23044 OHS - Ohio River Museum $ 52,200 53 C23045 OHS - Lockington Locks Stabilization $ 358,900 54 C23057 OHS - Online Portal to Ohio's Heritage $ 1,246,000 55 C23059 Lake Erie Nature and Science Center $ 300,000 56 C23068 Huntington House $ 75,000 57 C23077 Columbus Museum of Art: Expansion and $ 1,101,000 58 Renovation Phase 3 C23083 Stan Hywet Hall & Gardens Restoration $ 1,560,522 59 C23091 Ohio Theatre - Toledo $ 201,000 60 C23098 Twin City Opera House $ 400,000 61 C230A1 Preble County Historical Society $ 50,000 62 C230A6 Secrest Auditorium Renovation $ 125,000 63 C230B1 Karamu House $ 1,060,522 64 C230C5 OHS - Collections Storage Facility $ 212,000 65 Object Evaluation C230C6 OHS - Historic Site Signage $ 300,000 66 C230C8 OHS - Serpent Mound $ 397,900 67 C230D1 OHS – Great Circle Earthworks $ 75,000 68 C230D4 OHS - Fort Laurens $ 45,000 69
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C230E6 OHS - Exhibits for Native American Sites $ 500,000 70 C230E7 OHS - Hayes Presidential Center $ 50,000 71 C230E8 OHS - Armstrong Air and Space Museum $ 45,000 72 C230E9 OHS - Museum of Ceramics $ 223,850 73 C230F1 OHS - Campus Martius Museum $ 145,200 74 C230F2 Second Century Project $ 200,000 75 C230F3 Stuart's Opera House $ 500,000 76 C230F4 The Gordon, Hauss, Folk Company Mill $ 250,000 77 C230F5 Thatcher Temple Art Building $ 37,500 78 C230F6 Fitton Center for Creative Arts $ 100,000 79 C230F7 Oxford Community Arts Center $ 450,000 80 C230F8 Gammon House Improvements $ 75,000 81 C230F9 Clark State Community College Performing $ 275,000 82 Arts Center C230G1 Murphy Theatre $ 150,000 83 C230G2 Johnson-Humrick House Museum $ 57,960 84 C230G3 Public artPARK $ 200,000 85 C230G4 Schines Art Park $ 357,500 86 C230G5 Bedford Historical Society $ 100,000 87 C230G6 Rainey Institute - Safe Parking $ $125,000 88 C230G7 Ukrainian Museum - Archives $ 125,000 89 C230G8 Cleveland African American Museum $ 150,000 90 Restoration and Expansion C230G9 Great Lakes Science Center Omnimax $ 500,000 91 Theatre C230H1 Cleveland Music School Settlement - $ 255,000 92 Burke Mansion Performing Arts Center C230H2 Cozad Bates House $ 365,131 93 C230H3 Beck Center $ 402,349 94 C230H5 University Hospital Seidman Cancer $ 500,000 95 Center Proton Therapy Center
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C230H7 Western Reserve Historical Society $ 750,000 96 C230H9 Gordon Square Arts District $ 1,000,000 97 C230J1 Rock and Roll Hall of Fame $ 1,060,522 98 C230J4 Cleveland Museum of Natural History $ 2,500,000 99 C230J5 Phillis Wheatley - Hunter's Cove House $ 350,000 100 C230J6 West Side Market Renovation $ 500,000 101 C230J7 Cardinal Center $ 75,000 102 C230J8 War of 1812 Bicentennial Native American $ 24,913 103 Bowery Education Center C230J9 St. Clair Memorial Hall $ 500,000 104 C230K1 Historic Strand Theatre Renovation $ 150,000 105 C230K2 Delaware Veterans Memorial Plaza $ 320,000 106 C230K3 African-American Legacy Project $ 75,000 107 C230K4 Ohio Glass Museum Furnace System $ 10,000 108 C230K5 Saylor House and Reese-Peters House $ 20,000 109 Preservation C230K6 Victoria Opera House Restoration Phase 2 $ 30,000 110 C230K7 Georgian Museum Storage Facility $ 30,000 111 C230K8 Sherman House Museum $ 35,000 112 C230K9 Washington Court House Auditorium $ 100,000 113 Project C230L1 McCoy Community Center of the Arts - $ 50,000 114 Video Projection System C230L2 Glass Axis Relocation $ 150,000 115 C230L3 Harmony Project $ 300,000 116 C230L4 CCAD Cinematic Arts and Motion Capture $ 750,000 117 Studio and Auditorium C230L5 Columbus Theater-Based Community $ 1,000,000 118 Development Project C230L6 Franklin Park Conservatory Joint $ 1,000,000 119 Recreation District
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C230L7 Sauder Village - 1920 Homestead $ 300,000 120 C230L8 Fulton County Visitor and Heritage $ 1,000,000 121 Center C230L9 Ariel-Ann Carson Dater Performing Arts $ 100,000 122 Centre C230M1 French Art Colony/Riverby Theatre Guild $ 100,000 123 C230M2 Geauga County Historical Society $ 56,000 124 C230M3 Chardon Lyric Theatre $ 50,000 125 C230M4 Chardon Heritage House $ 200,000 126 C230M5 Incline Theater Project $ 550,000 127 C230M6 Cincinnati Art Museum - Make Room for $ 825,000 128 Art C230M7 Hamilton County Memorial Hall $ 2,000,000 129 C230M8 Cincinnati Zoo $ 2,000,000 130 C230M9 Union Terminal Restoration $ 5,000,000 131 C230N1 Cincinnati Music Hall Revitalization $ 5,000,000 132 C230N2 Kan Du Community Arts Center $ 520,000 133 C230N3 Findlay Central Auditorium $ 1,000,000 134 C230N4 Appalachian Forest Museum $ 100,000 135 C230N5 Logan Theater $ 25,000 136 C230N6 Willard Train Viewing Platform $ 50,000 137 C230N7 Markay Theatre Renovation $ 150,000 138 C230N8 Grand Theater Restoration Project $ 140,000 139 C230N9 South Leroy Historic Meeting House $ 15,000 140 Restoration C230P1 Willoughby Fine Arts Association - $ 500,000 141 Facility Expansion C230P2 Ironton Cultural Arts Operations $ 100,000 142 Facility C230P3 Sterling Theater Revitalization Project $ 200,000 143 C230P4 Logan County Veterans' Memorial Hall $ 250,000 144
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C230P5 Columbia Station 1812 Block House $ 28,000 145 Project C230P6 Avon Isle Renovation Phase 2 $ 82,775 146 C230P7 Oberlin Gasholder Building/Underground $ 200,000 147 Railroad Center C230P8 Carnegie Building Renovation $ 500,000 148 C230P9 Toledo Zoo $ 750,000 149 C230Q1 Imagination Station Improvements $ 695,000 150 C230Q2 War of 1812 Exhibit $ 35,000 151 C230Q3 Columbus Zoo and Aquarium $ 1,000,000 152 C230Q4 Toledo Repertoire Theatre $ 150,000 153 C230Q5 Valentine Theatre Initiative $ 136,000 154 C230Q6 Southern Park Historic District $ 250,000 155 C230Q7 Butler Institute of Art $ 279,717 156 C230Q8 Stambaugh Auditorium $ 500,000 157 C230Q9 Marion Palace Theatre $ 731,000 158 C230R1 Bradford Rail Museum $ 275,000 159 C230R2 K12 and TEJAS Building Project $ 50,000 160 C230R3 River Run Murals Project $ 82,500 161 C230R4 Dayton Contemporary Dance Company Studio $ 125,000 162 Renovations C230R5 Wright Company Factory Project $ 250,000 163 C230R6 Victoria Theatre and Metropolitan Arts $ 825,000 164 Center C230R7 Preserving & Updating the Historic $ 2,198,500 165 Dayton Art Institute C230R8 National Ceramic Museum and Heritage $ 100,000 166 Center Renovation C230R9 Opera House Project $ 100,000 167 C230S1 Tecumseh Theater - Opera House $ 140,000 168 Restoration
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C230S2 Perry County Historical and Cultural $ 341,600 169 Arts Center C230S3 Hayden Auditorium - Hiram $ 260,854 170 C230S4 Majestic Theater Renovation $ 36,000 171 C230S5 Lucy Webb Hayes Heritage Center Exterior $ 100,000 172 Replacement and Restoration C230S6 Pumphouse Center for the Arts $ 130,000 173 C230S7 Historic Sidney Theatre $ 500,000 174 C230S8 Pro Football Hall of Fame $ 10,000,000 175 C230S9 Park Theater Renovation $ 159,078 176 C230T1 Akron Civic Theater $ 530,261 177 C230T2 John Brown House and Grounds $ 50,000 178 C230T3 Hale Farm $ 500,000 179 C230T4 Urichsville Clay Museum $ 150,000 180 C230T5 Mason Historical Society $ 350,000 181 C230T6 Cincinnati Zoo - Big Cat Facility $ 1,000,000 182 C230T7 Historic Theatre Restoration $ 500,000 183 C230T8 County Line Historical Society $ 46,000 184 C230T9 Pemberville Opera House Elevator Project $ 220,000 185 C230U1 Wood County Historical Center & Museum $ 600,000 186 Accessibility Project C230U2 Avon Lake - Folger House $ 150,000 187 C230U3 DeYor Performing Arts Center $ 100,000 188 TOTAL Cultural and Sports Facilities Building Fund $ 76,400,704 189 75,340,182
School Building Program Assistance Fund (Fund 7032) 190 C23002 School Building Program Assistance $ 575,000,000 191 TOTAL School Building Program Assistance Fund $ 575,000,000 192 TOTAL ALL FUNDS $ 754,900,704 193 753,840,182
STATE AGENCY PLANNING/ASSESSMENT 194
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The foregoing appropriation item C230E5, State Agency 195 Planning/Assessment, shall be used by the Facilities Construction 196 Commission to provide assistance to any state agency for 197 assessment, capital planning, and maintenance management. 198
GEAUGA COUNTY HISTORICAL SOCIETY 199
Of the foregoing appropriation item C230M2, Geauga County 200 Historical Society, $12,000 shall be used for Geauga Historical 201 Society – White Barn Restoration, $18,000 shall be used for Geauga 202 Historical Society – Maple Museum, and $26,000 shall be used for 203 Geauga Historical Society – Lennah Bond Center. 204
SCHOOL BUILDING PROGRAM ASSISTANCE 205
The foregoing appropriation item C23002, School Building 206 Program Assistance, shall be used by the School Facilities 207 Commission to provide funding to school districts that receive 208 conditional approval from the Commission pursuant to Chapter 3318. 209 of the Revised Code. 210
Section _____. That existing Sections 207.100, 207.440, and 211 239.10 of Am. H.B. 497 of the 130th General Assembly are hereby 212 repealed." 213
In line 41 of the title, after the semicolon insert "to amend 214 Sections 207.100, 207.440, and 239.10 of Am. H.B. 497 of the 130th 215 General Assembly;" 216
The motion was ______agreed to.
SYNOPSIS
Cuyahoga Community College and Facilities Construction 217
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218 Commission
Sections ____ and _____ 219
Amends Sections 207.100, 207.440, and 239.10 of H.B. 497 of 220 the 130th G.A. to move Fund 7030 C230J1, Rock and Roll Hall of 221 Fame, with an appropriation of $1,060,522, under FCC, to Fund 7034 222 C37844, under Cuyahoga Community College. 223
Increases the amount of debt authorized to be issued by the 224 Ohio Public Facilities Commission to the credit of the Higher 225 Education Improvement Taxable Fund (Fund 7024) and the Higher 226 Education Improvement Fund (Fund 7034) by $1,000,000. 227
130HB483-HC0489/SS HC0490X2 H.B. 483 As Introduced
______moved to amend as follows:
In line 18522, after "257.10," insert "257.50," 1
In line 19171, strike through the second "$8,000,000" and 2 insert "$9,628,321" 3
In line 19176, strike through "$463,028,371" and insert 4 "$464,656,692" 5
In line 19199a, delete "1,230,971,035" and insert 6 "1,232,599,356" 7
Between lines 19199a and 19201, insert: 8
"Sec. 257.50. BUSINESS ASSISTANCE PROGRAMS 9
The foregoing appropriation item 195649, Business Assistance 10 Programs, shall be used for administrative expenses associated 11 with the operation of tax credit programs, loan servicing, the 12 Ohio Film Office, workforce initiatives, and the Office of 13 Strategic Business Investments. 14
STATE SPECIAL PROJECTS 15
The State Special Projects Fund (Fund 4F20), may be used for 16 the deposit of private-sector funds from utility companies and for 17 the deposit of other miscellaneous state funds. State moneys so 18 deposited may also be used to match federal housing grants for the 19
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20 homeless.
MINORITY BUSINESS ENTERPRISE LOAN 21
All repayments from the Minority Development Financing 22 Advisory Board Loan Program and the Ohio Mini-Loan Guarantee 23 Program shall be deposited in the State Treasury to the credit of 24 the Minority Business Enterprise Loan Fund (Fund 4W10). 25
MINORITY BUSINESS BONDING FUND 26
Notwithstanding Chapters 122., 169., and 175. of the Revised 27 Code, the Director of Development Services may, upon the 28 recommendation of the Minority Development Financing Advisory 29 Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal 30 year 2015 biennium of unclaimed funds administered by the Director 31 of Commerce and allocated to the Minority Business Bonding Program 32 under section 169.05 of the Revised Code. 33
If needed for the payment of losses arising from the Minority 34 Business Bonding Program, the Director of Budget and Management 35 may, at the request of the Director of Development Services, 36 request that the Director of Commerce transfer unclaimed funds 37 that have been reported by holders of unclaimed funds under 38 section 169.05 of the Revised Code to the Minority Bonding Fund 39 (Fund 4490). The transfer of unclaimed funds shall only occur 40 after proceeds of the initial transfer of $2,700,000 by the 41 Controlling Board to the Minority Business Bonding Program have 42 been used for that purpose. If expenditures are required for 43 payment of losses arising from the Minority Business Bonding 44 Program, such expenditures shall be made from appropriation item 45 195658, Minority Business Bonding Contingency in the Minority 46 Business Bonding Fund, and such amounts are hereby appropriated. 47
INCUMBENT WORKFORCE TRAINING VOUCHERS 48
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(A) The Director of Budget and Management may transfer up to 49 $30,000,000 cash in each fiscal year from the Economic Development 50 Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio 51 Incumbent Workforce Job Training Fund (Fund 5HR0) used by the 52 Development Services Agency. 53
(B) Of the foregoing appropriation item 195526, Incumbent 54 Workforce Training Vouchers, up to $30,000,000 in each fiscal year 55 shall be used to support the Ohio Incumbent Workforce Training 56 Voucher Program. 57
(C) The Ohio Incumbent Workforce Training Voucher Program 58 shall conform to guidelines for the operation of the program, 59 including, but not limited to, the following: 60
(1) A requirement that a training voucher under the program 61 shall not exceed $6,000 per worker per year; 62
(2) A provision for an employer of an eligible employee to 63 apply for a voucher on behalf of the eligible employee; 64
(3) A provision for an eligible employee to apply directly 65 for a training voucher with the pre-approval of the employee's 66 employer; and 67
(4) A requirement that an employee participating in the 68 program, or the employee's employer, shall pay for not less than 69 thirty-three per cent of the training costs under the program. 70
On July 1, 2014, or as soon as possible thereafter, the 71 Director of Development Services may request that the Director of 72 Budget and Management reappropriate any unexpended, unencumbered 73 balance of the prior fiscal year's appropriation to the foregoing 74 appropriation item 195526, Incumbent Workforce Training Vouchers, 75 for fiscal year 2015. The Director of Budget and Management may 76 request additional information necessary for evaluating the 77
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78 request, and the Director of Development Services shall provide 79 the requested information to the Director of Budget and 80 Management. Based on the information provided by the Director of 81 Development Services, the Director of Budget and Management shall 82 determine the amount to be reappropriated, and those amounts are 83 hereby reappropriated for fiscal year 2015.
DEFENSE DEVELOPMENT ASSISTANCE 84
The Director of Budget and Management shall transfer up to 85 $5,000,000 in cash in each fiscal year from the Economic 86 Development Programs Fund (Fund 5JC0) used by the Board of Regents 87 to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used 88 by the Development Services Agency. The transferred funds shall be 89 used for appropriation item 195622, Defense Development 90 Assistance, for economic development programs and the creation of 91 new jobs to leverage and support mission gains at Department of 92 Defense facilities in Ohio by working with future base realignment 93 and closure activities and ongoing Department of Defense 94 efficiency initiatives, assisting efforts to secure Department of 95 Defense support contracts for Ohio companies, assessing and 96 supporting regional job training and workforce development needs 97 generated by the Department of Defense and the Ohio aerospace 98 industry, and for expanding job training and economic development 99 programs in human performance related initiatives. A portion of 100 these funds shall be matched in the aggregate amount of $5,000,000 101 by either public or private industry partners, educational 102 entities, or federal agencies. 103
Of the foregoing appropriation item 195622, Defense 104 Development Assistance, $3,000,000 shall be used by Applied 105 Research Corporation to support education or research projects 106 conducted by public-private partnerships in Ohio that seek to 107
130HB483-HC0490X2/RYT HC0490X2 Page 5
108 develop and train the workforce of Ohio in all industries.
On July 1, 2014, or as soon as possible thereafter, the 109 Director of Development Services may request that the Director of 110 Budget and Management reappropriate any unexpended, unencumbered 111 balance of the prior fiscal year's appropriation to the foregoing 112 appropriation item 195622, Defense Development Assistance, for 113 fiscal year 2015. The Director of Budget and Management may 114 request additional information necessary for evaluating the 115 request, and the Director of Development Services shall provide 116 the requested information to the Director of Budget and 117 Management. Based on the information provided by the Director of 118 Development Services, the Director of Budget and Management shall 119 determine the amount to be reappropriated, and those amounts are 120 hereby reappropriated for fiscal year 2015. 121
ADVANCED ENERGY LOAN PROGRAMS 122
The foregoing appropriation item 195660, Advanced Energy Loan 123 Programs, shall be used to provide financial assistance to 124 customers for eligible advanced energy projects for residential, 125 commercial, and industrial business, local government, educational 126 institution, nonprofit, and agriculture customers, and to pay for 127 the program's administrative costs as provided in sections 4928.61 128 to 4928.63 of the Revised Code and rules adopted by the Director 129 of Development Services. 130
TOURISMOHIO ADMINISTRATION 131
Of the foregoing appropriation item 195683, TourismOhio 132 Administration, $1,000,000 in fiscal year 2014 shall be used to 133 administer a program established by the Development Services 134 Agency pursuant to section 122.121 of the Revised Code. 135
Of the foregoing appropriation item 195683, TourismOhio 136
130HB483-HC0490X2/RYT HC0490X2 Page 6
137 Administration, $250,000 in fiscal year 2014 shall be used by Lake 138 Erie Heritage Foundation for the promotion of events relating to 139 bicentennial celebrations of the War of 1812 and the Battle of 140 Lake Erie.
Of the foregoing appropriation item 195683, TourismOhio 141 Administration, $500,000 in fiscal year 2015 shall be used to 142 support the 2015 Major League Baseball All-Star Game in 143 Cincinnati. 144
VOLUME CAP ADMINISTRATION 145
The foregoing appropriation item 195654, Volume Cap 146 Administration, shall be used for expenses related to the 147 administration of the Volume Cap Program. Revenues received by the 148 Volume Cap Administration Fund (Fund 6170) shall consist of 149 application fees, forfeited deposits, and interest earned from the 150 custodial account held by the Treasurer of State." 151
In line 21063, after "257.10," insert "257.50," 152
In line 36 of the title, after "257.10," insert "257.50," 153
The motion was ______agreed to.
SYNOPSIS
Development Services Agency 154
Section 610.20, amends Sections 257.10 and 257.50 of H.B. 59 155
Increases appropriations to Fund 5MJ0 appropriation item, 156 195683, TourismOhio Administration, by $1,628,321 in FY 2015. 157
Earmarks $500,000 from the same line item in FY 2015 to 158 support the 2015 Major League Baseball All-Star Game in 159
130HB483-HC0490X2/RYT HC0490X2 Page 7
160 Cincinnati.
130HB483-HC0490X2/RYT HC0507X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 18523, after "301.10," insert "323.10," 1
Between lines 20321a and 20323, insert: 2
"Sec. 323.10. MCD DEPARTMENT OF MEDICAID 3
General Revenue Fund 4 GRF 651425 Medicaid Program $ 177,071,199 $ 180,446,636 5 Support - State GRF 651525 Medicaid/Health Care 6 Services State $ 4,739,421,777 $ 5,097,244,293 7 5,097,769,249 Federal $ 8,961,692,337 $ 9,502,550,748 8 9,503,467,185 Medicaid/Health Care $13,701,114,114 $14,599,795,041 9 Services Total 14,601,236,434 GRF 651526 Medicare Part D $ 309,349,142 $ 313,020,518 10 TOTAL GRF General Revenue Fund 11 State $ 5,225,842,118 $ 5,590,711,447 12 5,591,236,403 Federal $ 8,961,692,337 $ 9,502,550,748 13 9,503,467,185 GRF Total $14,187,534,455 $15,093,262,195 14
130HB483-HC0507X1/JF HC0507X1 Page 2
15,094,703,588
General Services Fund Group 15 5DL0 651639 Medicaid Services - $ 462,900,000 $ 514,700,000 16 Recoveries 5FX0 651638 Medicaid Services - $ 6,000,000 $ 6,000,000 17 Payment Withholding TOTAL GSF General Services Fund $ 468,900,000 $ 520,700,000 18 Group
Federal Special Revenue Fund Group 19 3ER0 651603 Medicaid Health $ 123,074,778 $ 123,089,606 20 Information Technology 3F00 651623 Medicaid Services - $ 2,965,609,943 $ 3,196,808,545 21 Federal 3F00 651624 Medicaid Program $ 565,046,401 $ 454,423,399 22 Support - Federal 3FA0 651680 Health Care Grants - $ 45,400,000 $ 44,500,000 23 Federal 3G50 651655 Medicaid Interagency $ 1,712,881,658 $ 1,895,403,348 24 Pass-Through TOTAL FED Federal Special Revenue $ 5,412,012,780 $ 5,714,224,898 25 Fund Group
State Special Revenue Fund Group 26 4E30 651605 Resident Protection $ 2,878,319 $ 2,878,319 27 Fund 5AJ0 651631 Money Follows the $ 5,555,000 $ 4,517,500 28 Person 5GF0 651656 Medicaid Services - $ 531,273,601 $ 531,273,601 29 Hospitals/UPL 5KC0 651682 Health Care Grants - $ 10,000,000 $ 10,000,000 30 State
130HB483-HC0507X1/JF HC0507X1 Page 3
5R20 651608 Medicaid Services - $ 398,000,000 $ 398,000,000 31 Long Term Care 5U30 651654 Medicaid Program $ 54,305,843 $ 37,903,126 32 Support 6510 651649 Medicaid Services - $ 215,527,947 $ 215,314,482 33 HCAP TOTAL SSR State Special Revenue $ 1,217,540,710 $ 1,199,887,028 34 Fund Group
Holding Account Redistribution Fund Group 35 R055 651644 Refunds and $ 1,000,000 $ 1,000,000 36 Reconciliations TOTAL 090 Holding Account $ 1,000,000 $ 1,000,000 37 Redistribution Fund Group TOTAL ALL BUDGET FUND GROUPS $21,286,987,945 $22,529,074,121 38 22,530,515,514"
In line 21065, after "301.10," insert "323.10," 40
Between lines 21109 and 21110, insert: 41
"Section 751.____. ASSISTED LIVING PROGRAM PAYMENT RATES 42
As used in the this section, "Assisted Living program" and 43 "assisted living services" have the same meanings as in section 44 173.51 of the Revised Code. 45
The Medicaid payment rates for assisted living services 46 provided under the Assisted Living program during the period 47 beginning on the effective date of this section and ending June 48 30, 2015, shall be one and one-half per cent higher than the rates 49 for the services in effect on July 1, 2013." 50
In line 38 of the title, after "301.10," insert "323.10," 51
The motion was ______agreed to.
130HB483-HC0507X1/JF HC0507X1 Page 4
SYNOPSIS
Assisted Living program payment rates 52
Sections 610.20, 610.21, and _____ 53
Requires, until June 30, 2015, that the Medicaid payment 54 rates for services provided under the Assisted Living program be 55 1.5% higher than the rates for the services in effect on July 1, 56 2013. 57
Increases the appropriation to GRF line item 651525, 58 Medicaid/Health Care Services, by $1,441,393 ($524,956 state 59 share) in fiscal year 2015 to account for the amendment's increase 60 to the Assisted Living program's Medicaid payment rate. 61
130HB483-HC0507X1/JF HC0508 H.B. 483 As Introduced
______moved to amend as follows:
In line 66, after "5513.01," insert "5533.051," 1
In line 69, delete "and"; after "5139.45" insert ", and 2 5533.831" 3
Between lines 18264 and 18265, insert: 4
"Sec. 5533.051. In addition to the designations of the road 5 known as United States route twenty-three in section 5533.05 of 6 the Revised Code, the portion of that road running in a north and 7 south direction, commencing at the boundary of Franklin and 8 Delaware counties and extending to the municipal corporation of 9 Delaware, and also the portion of that road located in Scioto 10 county, from mile marker number three to mile marker number ten, 11 shall be known as the "Branch Rickey Memorial Highway." 12
The director of transportation may erect suitable markers 13 along each designated portion of the highway indicating its name. 14
130HB483-HC0508/RYT HC0508 Page 2
Sec. 5533.831. That portion of state route fifty-two located 15 in southern Scioto county between mile marker number seventeen and 16 mile marker number nineteen shall be known as the "Boone Coleman 17 Memorial Highway." 18
The director of transportation may erect suitable markers 19 along the highway indicating its name." 20
In line 18376, after "5513.01," insert "5533.051," 21
In line 29 of the title, after "5513.01," insert "5533.051," 22
In line 32 of the title, delete "and" 23
In line 33 of the title, after "5139.45" insert ", and 24 5533.831" 25
The motion was ______agreed to.
SYNOPSIS
The "Branch Rickey Memorial Highway" and the "Boone Coleman 26 Memorial Highway" 27
R.C. 5533.051 and 5533.831 28
Designates a portion of United States Route twenty-three, 29 from mile marker number three to mile marker number ten, as the 30 "Branch Rickey Memorial Highway," in addition to the portion of 31 that road that is already designated under current law. 32
Designates a portion of state route fifty-two, between mile 33 marker number seventeen and mile marker number nineteen, as the 34 "Boone Coleman Memorial Highway." 35
130HB483-HC0508/RYT HC0533 H.B. 483 As Introduced
______moved to amend as follows:
In line 67, after "sections" insert "5.074,"; after 1 "164.261," insert "307.6910," 2
Between lines 70 and 71, insert: 3
"Sec. 5.074. The Ohio Veterans Memorial and Museum, located 4 in Franklin county at the site described in division (B) of 5 section 307.6910 of the Revised Code, is the official state 6 veterans memorial and museum." 7
Between lines 2803 and 2804, insert: 8
Sec. 307.6910. (A) A new nonprofit corporation shall be 9 organized under the laws of this state for the purpose of 10 operating a veterans memorial and museum to be located within the 11 city of Columbus at the site described in division (B) of this 12 section. The veterans memorial and museum shall be designated in 13 the articles of incorporation and state law as the "Ohio Veterans 14 Memorial and Museum." 15
(B) The site of the Ohio Veterans Memorial and Museum, shall 16 be constructed on the following parcel of real property owned in 17 fee simple by the board of county commissioners of Franklin 18 county: 19
130HB483-HC0533/SS HC0533 Page 2
That property located at 300 West Broad Street, Columbus, 20 Ohio, generally lying north of Broad Street, south of the 21 right-of-way line of Norfolk and Southern Railway, west of the 22 Scioto River and its floodwall, and east of the east line of Belle 23 Street if the same extended north of Broad Street to the railroad 24 right-of-way. 25
(C) The bylaws of the new nonprofit corporation shall provide 26 for the board of directors to consist of fifteen members. The 27 appointments to the board of directors shall be made in accordance 28 with the articles of incorporation and bylaws of the nonprofit 29 corporation. All appointments to the board of directors shall 30 satisfy any qualifications set forth in the nonprofit 31 corporation's bylaws. A majority of the members of the board of 32 directors appointed by each appointing entity shall be veterans of 33 the armed forces of the United States. The appointments shall be 34 made as follows: 35
(1) The board of county commissioners of Franklin county 36 shall appoint five members. 37
(2) The governor shall appoint three members. 38
(3) The speaker of the house of representatives and the 39 president of the senate each shall appoint one member. 40
(4) The articles of incorporation shall provide for the 41 remaining appointments, not to exceed five, the majority of whom 42 shall be veterans of the armed forces of the United States. 43
(D) All meetings and records of the new nonprofit corporation 44 shall be conducted and maintained in accordance with the sunshine 45 laws of this state, including, but not limited to, sections 121.22 46 and 149.43 of the Revised Code. 47
(E) The board of county commissioners of Franklin county may 48
130HB483-HC0533/SS HC0533 Page 3
49 lease the site described in division (B) of this section together 50 with any adjacent property, without engaging in competitive 51 bidding, to an Ohio nonprofit corporation for the construction, 52 development, and operation of the Ohio Veterans Memorial and 53 Museum. A board of county commissioners may appropriate funds to 54 either the nonprofit corporation established as provided in this 55 section or the nonprofit corporation with which the county has 56 leased the property for permanent improvements and operating 57 expenses of the Ohio Veterans Memorial and Museum."
In line 30 of the title, after "sections" insert "5.074,"; 58 after "164.261," insert "307.6910," 59
The motion was ______agreed to.
SYNOPSIS
Nonprofit corporation for veterans memorial and museum 60
R.C. 307.6910 and 5.074 61
Provides that a nonprofit corporation is to be organized for 62 the purpose of operating a veterans memorial and museum at a site 63 in Columbus described in the amendment. 64
Authorizes the Franklin County Board of County Commissioners 65 to lease the described site, without engaging in competitive 66 bidding, to "a nonprofit corporation" for the construction, 67 development, and operation of the Ohio Veterans Memorial and 68 Museum. 69
Authorizes a board of county commissioners to appropriate 70 funds to either the nonprofit corporation established under the 71 amendment or the nonprofit corporation with which the county has 72
130HB483-HC0533/SS HC0533 Page 4
73 leased the property for permanent improvements and operating 74 expenses of the Ohio Veterans Memorial and Museum.
Requires the nonprofit corporation's bylaws to provide for 75 the selection of a board of directors, who are to be appointed as 76 specified in the amendment. 77
Declares that meetings and records of the nonprofit 78 corporation are to be conducted and maintained in accordance with 79 the Open Meetings (Sunshine) Act and the Open Records Act. 80
Declares the Ohio Veterans Memorial and Museum located at the 81 described site to be the official state veterans memorial and 82 museum. 83
130HB483-HC0533/SS HC0541 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 21067 and 21068, insert: 1
"Section ___. That Section 701.50 of Am. H.B. 497 of the 2 130th General Assembly be amended to read as follows: 3
Sec. 701.50. DISASTER SERVICES 4
Notwithstanding any other provision of law, upon the request 5 of the Department of Public Safety, the Controlling Board may 6 approve the transfer of up to $4,000,000 $6,000,000 from the 7 Disaster Services Fund (Fund 5E20) to a fund and appropriation 8 item used by the Department of Public Safety for Putnam County 9 flood mitigation projects. Moneys in the designated fund shall be 10 awarded to the local public agency that is leading the projects. 11
Section ___. That existing Section 701.50 of Am. H.B. 497 of 12 the 130th General Assembly is hereby repealed." 13
In line 41 of the title, after the semicolon insert "to amend 14 Section 701.50 of Am. H.B. 497 of the 130th General Assembly;" 15
The motion was ______agreed to.
130HB483-HC0541/JF HC0541 Page 2
SYNOPSIS
Disaster Services 16
Sections ___ and ___; amends Section 701.50 of H.B. 497 17
Increases the transfer amount from the Disaster Services Fund 18 (Fund 5E20) to a fund and appropriation item used by the 19 Department of Public Safety from $4,000,000 to $6,000,000 for 20 Putnam County flood mitigation projects and awards the moneys in 21 the fund to the local public agency that is leading the projects. 22
130HB483-HC0541/JF HC0545 H.B. 483 As Introduced
______moved to amend as follows:
In line 66, after "5513.01," insert "5709.17," 1
Between lines 18264 and 18265, insert: 2
"Sec. 5709.17. The following property shall be exempted from 3 taxation: 4
(A) Real estate held or occupied by an association or 5 corporation, organized or incorporated under the laws of this 6 state relative to soldiers' memorial associations, monumental 7 building associations, or cemetery associations or corporations, 8 which in the opinion of the trustees, directors, or managers 9 thereof is necessary and proper to carry out the object intended 10 for such association or corporation; 11
(B) Real estate and tangible personal property held or 12 occupied by a veterans' organization that qualifies for exemption 13 from taxation under section 501(c)(19) or 501(c)(23) of the 14 "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as 15 amended, and is incorporated under the laws of this state or the 16 United States, except real estate held by such an organization for 17 the production of rental income in excess of thirty-six thousand 18 dollars in a tax year, before accounting for any cost or expense 19 incurred in the production of such income. For the purposes of 20
130HB483-HC0545/SS HC0545 Page 2
21 this division, rental income includes only income arising directly 22 from renting the real estate to others for consideration.
(C) Tangible personal property held by a corporation 23 chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in 24 section 501(c)(3) of the Internal Revenue Code, and exempt from 25 taxation under section 501(a) of the Internal Revenue Code shall 26 be exempt from taxation if it is property obtained as described in 27 112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407. 28
(D) Real estate held or occupied by a fraternal organization 29 and used primarily for meetings of and the administration of the 30 fraternal organization, except real estate held by such an 31 organization for the production of rental income in excess of 32 thirty-six thousand dollars in a tax year, before accounting for 33 any cost or expense incurred in the production of such income. As 34 used in this division, "rental income" has the same meaning as in 35 division (B) of this section, and "fraternal organization" means a 36 domestic fraternal society, order, or association operating under 37 the lodge, council, or grange system that qualifies for exemption 38 from taxation under section 501(c)(5), 501(c)(8), or 501(c)(10) of 39 the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, 40 as amended; that provides financial support for charitable 41 purposes, as defined in division (B)(12) of section 5739.02 of the 42 Revised Code; and that has been operating in this state with a 43 state governing body for at least one hundred eighty-five years." 44
In line 18376, after "5513.01," insert "5709.17," 45
Between lines 21168 and 21169, insert: 46
"Section 757.____. The amendment by this act of section 47 5709.17 of the Revised Code applies to tax year 2014 and every tax 48 year thereafter." 49
130HB483-HC0545/SS HC0545 Page 3
In line 29 of the title, after "5513.01," insert "5709.17," 50
The motion was ______agreed to.
SYNOPSIS
Property tax exemption for fraternal organizations 51
R.C. 5709.17 52
Modifies a tax exemption for real property held or occupied 53 by fraternal organizations by allowing a fraternal organization's 54 property to qualify for the exemption if the organization has been 55 operating in Ohio for at least 85 years. Under current law, the 56 exemption is only available for property held by fraternal 57 organizations that have been operating in Ohio for at least 100 58 years. 59
130HB483-HC0545/SS HC0548 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 67, after "3317.162," insert "3345.56,"
2 Between lines 6878 and 6879, insert:
3 "Sec. 3345.56. Notwithstanding any provision of the Revised
4 Code to the contrary, a student attending a state university as
5 defined in section 3345.011 of the Revised Code is not an
6 employee of the state university based upon the student's
7 participation in an athletic program offered by the state
8 university."
9 In line 30 of the title, after "3317.162," insert
10 "3345.56,"
11 The motion was ______agreed to.
12 SYNOPSIS
13 Public employee status of student athletes at state 14 universities
15 R.C. 3345.56
16 Specifies that students attending state universities are 17 not public employees based upon participating in athletics for 18 the state university.
Legislative Service Commission -1- 130HB483-HC0548.RTF/ar HC0550 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 21067 and 21068, insert: 1
"Section ____. That Sections 207.250 and 207.340 of Am. H.B. 2 497 of the 130th General Assembly be amended to read as follows: 3
Sec. 207.250. OTC OWENS COMMUNITY COLLEGE 4
Higher Education Improvement Fund (Fund 7034) 5 C38816 Penta Renovations $ 4,750,000 6 C38826 College Hall Renovation $ 750,000 7 C38827 Manufacturing Training Simulators $ 290,000 8 C38828 ProMedica Transformative Low Income $ 250,000 9 Medical Senior Housing TOTAL Higher Education Improvement Fund $ 5,790,000 10 6,040,000 TOTAL ALL FUNDS $ 5,790,000 11 6,040,000
Sec. 207.340. UTO UNIVERSITY OF TOLEDO 13
Higher Education Improvement Fund (Fund 7034) 14 C34058 Campus Energy Cost Reduction Project $ 1,500,000 15 C34067 Anatomy Specimen Storage Facility $ 3,500,000 16 C34068 Academic Technology and Renovation $ 3,000,000 17
130HB483-HC0550/RYT HC0550 Page 2
Projects C34069 Campus Infrastructure Improvements $ 3,000,000 18 C34070 NW Ohio Plastics Training Center $ 2,000,000 19 C34071 Elevator Safety Repairs and Replacements $ 2,000,000 20 C34072 Building Automation System Upgrades $ 1,500,000 21 C34073 Mechanical System Improvements $ 1,500,000 22 C34074 Backbone Core Router Replacements $ 1,600,000 23 C34075 Network Infrastructure Replacement $ 1,400,000 24 C34076 Northwest Ohio Food Partnership Center $ 1,000,000 25 C34077 Mercy College Science Facilities $ 500,000 26 Expansion and Renovation C34078 Northwest Ohio Workforce Development and $ 1,000,000 27 Advanced Manufacturing Training Center C34079 Promedica Transformative Low Income $ 250,000 28 Medical Senior Housing TOTAL Higher Education Improvement Fund $ 23,750,000 29 23,500,000 TOTAL ALL FUNDS $ 23,750,000 30 23,500,000
Section _____. That existing Sections 207.250 and 207.340 of 32 Am. H.B. 497 of the 130th General Assembly are hereby repealed." 33
In line 41 of the title, after the semicolon insert "to amend 34 Sections 207.250 and 207.340 of Am. H.B. 497 of the 130th General 35 Assembly;" 36
The motion was ______agreed to.
SYNOPSIS
Owens Community College and University of Toledo 37
130HB483-HC0550/RYT HC0550 Page 3
Sections ____ and _____ 38
Amends Sections 207.250 and 207.340 of H.B. 497 of the 130th 39 G.A. to move Fund 7034 C34079, ProMedica Transformative Low Income 40 Medical Senior Housing, with an appropriation of $250,000, under 41 UTO, to Fund 7034 C38828, under Owens Community College. 42
130HB483-HC0550/RYT HC0557X1 H.B. 483 As Introduced
______moved to amend as follows:
In line 18523, after "301.10," insert "301.143," 1
In line 20253, strike through the second "$54,255,323" and 2 insert "$64,255,323" 3
In line 20266, add $10,000,000 to fiscal year 2015 4
In line 20268, add $10,000,000 to fiscal year 2015 5
In line 20321a, add $10,000,000 to fiscal year 2015 6
Between lines 20321a and 20323, insert: 7
"Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES 8
Of the foregoing appropriation item 600523, Family and 9 Children Services, $150,000 in each fiscal year shall be provided 10 to children's crisis care facilities, as defined in section 11 5103.13 of the Revised Code. The Director of Job and Family 12 Services shall allocate funds based on the number of children at 13 each facility. A children's crisis care facility may decline to 14 receive funds provided for under this section. A children's crisis 15 care facility that accepts funds provided under this section shall 16 use the funds in accordance with section 5103.13 of the Revised 17 Code and rules in section 5101:2-9-36 of the Administrative Code. 18
STATE CHILD PROTECTION ALLOCATION 19
130HB483-HC0557X1/RH HC0557X1 Page 2
(A) Of the foregoing appropriation item 600523, Family and 20 Children Services, $10,000,000 in fiscal year 2015 shall be used 21 as follows: 22
(1) Up to $3,200,000 shall be used to match eligible federal 23 Title IV-B ESSA funds and federal Title IV-E Chafee funds 24 allocated to public children services agencies. 25
(2) 75 per cent of the remaining funds shall be allocated to 26 public children services agencies in accordance with section 27 5101.14 of the Revised Code. 28
(3) 25 per cent of the remaining funds shall be allocated to 29 counties identified by the Department of Job and Family Services 30 as hardship counties, in amounts determined by the Department, 31 based on the county hardship ranking established by the Department 32 under division (C) of this section. 33
(B) The Department shall provide to public children services 34 agencies that receive funding under division (A)(2) of this 35 section information regarding evidence-informed strategies and 36 offer technical and other assistance to agencies that adopt 37 suggested strategies. Each public children services agency 38 receiving funding under that division shall review its programs, 39 identify agency needs, and select strategies to implement to 40 improve outcomes. An agency may implement evidence-informed 41 strategies that are not part of the strategies provided by the 42 Department under this division, but shall be required to implement 43 and collect outcome data about those strategies without assistance 44 from the Department. 45
(C) To determine the counties that are to receive funding 46 under division (A)(3) of this section, the Department shall adopt 47 rules in accordance with section 111.15 of the Revised Code to 48 establish a county hardship ranking. When adopting the rules, the 49
130HB483-HC0557X1/RH HC0557X1 Page 3
50 Department shall consider the following:
(1) The number of children residing in the county based on 51 the most recent decennial federal census; 52
(2) The percentage of children living in poverty in the 53 county, based on the most recent data; 54
(3) The county's average unemployment rate for the 55 immediately preceding fiscal year; 56
(4) The county's average real estate property values for the 57 immediately preceding fiscal year; 58
(5) The amount of taxes collected by the county in the 59 immediately preceding fiscal year; 60
(6) The amount of the county's public children services 61 agency annual expenditures in the immediately preceding fiscal 62 year. 63
(D)(1) Funds received under division (A)(3) of this section 64 shall supplement, not replace, county funds spent on childrens' 65 services. A county that receives funds under division (A)(3) of 66 this section shall not reduce its annual expenditures for 67 childrens' services below the average amount spent on childrens' 68 services for the immediately preceding three fiscal years. The 69 Department shall reduce the amount allocated to a county that 70 reduces its spending below the average amount spent in the 71 immediately preceding three fiscal years. 72
(2) The Department may waive the requirements of division 73 (D)(1) of this section if the county presents to the Department 74 evidence of events that have led to a significant change to the 75 county's fiscal stability, including the loss of a major local 76 employer or other negative impacts to the local base of taxation." 77
130HB483-HC0557X1/RH HC0557X1 Page 4
In line 21065, after "301.10," insert "301.143," 78
In line 38 of the title, after "301.10," insert "301.143," 79
The motion was ______agreed to.
SYNOPSIS
Department of Job and Family Services 80
Section 610.20, amends Sections 301.10 and 301.143 of H.B. 59 81
Appropriates $10.0 million to GRF line item 600523, Family 82 and Children Services. 83
Allocates up to $3.2 million of the $10.0 million to match 84 eligible federal Title IV-B ESSA funds and federal Title IV-E 85 Chafee funds allocated to public children services agencies. 86
Allocates 75% of the remaining funds to public children 87 services agencies and 25% to the hardship counties based on the 88 county's hardship ranking, established in rules adopted by the 89 Department. 90
Prohibits a hardship county from reducing its annual 91 expenditures on childrens' services unless the county obtains a 92 waiver from the Department. 93
130HB483-HC0557X1/RH HC0558X1 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 20259, strike through the second "$500,000" and
2 insert "$10,500,000"
3 In line 20266, add $10,000,000 to fiscal year 2015
4 In line 20268, add $10,000,000 to fiscal year 2015
5 In line 20321a, add $10,000,000 to fiscal year 2015
6 The motion was ______agreed to.
7 SYNOPSIS
8 Department of Job and Family Services
9 Section 610.20, amends Section 301.10 of H.B. 59
10 Appropriates an additional $10.0 million in fiscal year 11 2015 to GRF line item 600534, Adult Protective Services.
Legislative Service Commission -1- 130HB483-HC0558X1.RTF/rs
HC0566 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 5968, delete "Department" and insert "department"
2 In line 21162, delete "holder" and insert "owner"
3 In line 21164, delete "taxpayer" and insert "person"
4 The motion was ______agreed to.
5 SYNOPSIS
6 LSC Technical
7 R.C. 3123.90 and Section 757.20
8 Corrects capitalization
9 Corrects references to a defined term
Legislative Service Commission -1- 130HB483-HC0566.RTF HC0569 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 46, delete "109.572,"
2 In line 48, delete "173.27, 173.38,"
3 In line 53, delete "3701.881,"
4 In line 61, delete "5123.081,"
5 In line 62, delete "5123.169,"
6 In line 66, delete "5164.34, 5164.342,"
7 Delete lines 235 through 709
8 Delete lines 2006 through 2750
9 Delete lines 7131 through 7522
10 Delete lines 13561 through 13857
11 Delete lines 14000 through 14111
12 Delete lines 17655 through 18176
13 In line 18356, delete "109.572,"
14 In line 18357, delete "173.27,"
15 In line 18358, delete "173.38,"
16 In line 18362, delete "3701.881,"
17 In line 18371, delete "5123.081,"; delete "5123.169,"
18 In line 18376, delete "5164.34, 5164.342,"
19 In line 1 of the title, delete "109.572,"
Legislative Service Commission -1- 130HB483-HC0569/rs HC0569
20 In line 4 of the title, delete "173.27, 173.38,"
21 In line 11 of the title, delete "3701.881,"
22 In line 22 of the title, delete "5123.081,"
23 In line 23 of the title, delete "5123.169,"
24 In line 29 of the title, delete "5164.34, 5164.342,"
25 The motion was ______agreed to.
26 SYNOPSIS
27 Criminal records checks, hiring and retention, and 28 conditional hiring of persons regarding specified services and 29 direct-care positions
30 R.C. 109.572, 173.27, 173.38, 3701.881, 5123.081, 5123.169, 31 5164.34, and 5164.342
32 Deletes sections revising provisions regarding criminal 33 records checks, hiring and retention, and conditional hiring for 34 specified positions or certificates as follows:
35 (1) Removes provisions that specify that a finding of 36 eligibility for intervention in lieu of conviction of certain 37 offenses is a disqualifying offense with respect to positions 38 that involve providing ombudsman services to residents and 39 recipients; positions that involve a direct-care position with 40 an area agency on aging, a PASSPORT administrative agency, a 41 provider, or a subcontractor; positions with a home health 42 agency involving direct care to an individual; positions with 43 the Department of Developmental Disabilities or a county board 44 of developmental disabilities, or direct mental retardation or 45 developmental disabilities service positions with a provider or 46 subcontractor; and supported living certificates;
47 (2) Clarifies a distinction between initially hiring a 48 person for a specified position and retaining a person employed 49 in such a position, and clarifies provisions regarding the 50 conditional hiring of a person for such a position, with respect 51 to positions that involve providing ombudsman services to
Legislative Service Commission -2- 130HB483-HC0569/rs HC0569
52 residents and recipients; positions that involve a direct-care 53 position with an area agency on aging, a PASSPORT administrative 54 agency, a provider, or a subcontractor; positions with a home 55 health agency involving direct care to an individual; positions 56 with the Department of Developmental Disabilities or a county 57 board of developmental disabilities, or direct mental 58 retardation or developmental disabilities service positions with 59 a provider or subcontractor; positions with a Medicaid provider; 60 and positions with a Medicaid waiver agency;
61 (3) Regarding positions that involve a direct-care position 62 with an area agency on aging, a PASSPORT administrative agency, 63 a provider, or a subcontractor, expands the definition of 64 "responsible party" to include a consumer who, as the employer 65 of record, directs a consumer-directed provider, and revises 66 procedures for the conduct of criminal records checks regarding 67 self-employed providers so that the involved area agency on 68 aging or PASSPORT administrative agency has the responsibility 69 for the records checks.
Legislative Service Commission -3- 130HB483-HC0569/rs HC0570 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 53, delete "3702.511, 3702.52,"
2 In line 54, delete "3702.526,"
3 Delete lines 7523 through 7759
4 In line 18363, delete "3702.511, 3702.52, 3702.526,"
5 In line 11 of the title, delete "3702.511, 3702.52,
6 3702.526,"
7 The motion was ______agreed to.
8 SYNOPSIS
9 CON Program changes
10 R.C. 3702.511, 3702.52, and 3702.526
11 Removes provisions that would have revised the Certificate 12 of Need CON Program.
Legislative Service Commission -1- 130HB483-HC0570.RTF/rs HC0571 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 51, delete "2151.417,"
2 Delete lines 4742 through 4958
3 In line 18360, delete "2151.417,"
4 In line 8 of the title, delete "2151.417,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Reasonable efforts to finalize permanency plan
8 R.C. 2151.417
9 Removes a provision from the bill that does both of the 10 following:
11 (1) Requires a reviewing court to determine whether a 12 public children services agency or a private child placing 13 agency made reasonable efforts to finalize the permanency plan 14 for a child.
15 (2) Requires the court to finalize a permanency plan if it 16 determines reasonable efforts were not made, which finalized 17 plan must require the agency to make reasonable efforts to 18 permanently place the child and to finalize that placement.
Legislative Service Commission -1- 130HB483-HC0571/rs HC0572 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 56, delete "4141.28,"
2 Delete lines 10012 through 10159
3 In line 18365, delete "4141.28,"
4 In line 14 of the title, delete "4141.28,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Unemployment—electronic filing
8 R.C. 4141.28
9 Eliminates the bill's requirement that, beginning July 1, 10 2015, an individual must electronically file an application and 11 weekly claims for unemployment benefits unless an exception 12 applies.
Legislative Service Commission -1- 130HB483-HC0572.RTF/ar HC0573 H.B. 483 As Introduced
______moved to amend as follows:
In line 56, delete "4141.29," 1
Delete lines 10160 through 10720 2
In line 18365, delete "4141.29," 3
In line 14 of the title, delete "4141.29," 4
The motion was ______agreed to.
SYNOPSIS
Unemployment registration 5
R.C. 4141.29(A)(3) 6
Eliminates from the bill a provision that would break an 7 individual's unemployment benefit registration period if the 8 individual fails to report to the Director of Job and Family 9 Services or reopen an existing claim as required under continuing 10 law, and would thus allow the Director to immediately cease 11 benefit payments until the requirement is satisfied (restoring 12 current law, under which the Director must continue to issue 13 payments during the three-week registration period and then 14 determine the requirement was not satisfied, resulting in an 15
130HB483-HC0573/AT HC0573 Page 2
16 overpayment the Director must collect).
130HB483-HC0573/AT HC0574 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 47, delete "111.15, 119.03,"
2 Delete lines 802 through 987
3 Delete lines 988 through 1386
4 In line 18356, delete "111.15, 119.03,"
5 In line 2 of the title, delete "111.15, 119.03,"
6 The motion was ______agreed to.
7 SYNOPSIS
8 Removes provision increasing duration of emergency rules
9 R.C. 111.15 and 119.03
10 Removes an amendment increasing the period of time during 11 which an emergency rule remains operative from 90 to 120 days.
Legislative Service Commission -1- 130HB483-HC0574.RTF/rs HC0575 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 60, delete "4781.121, 4781.29,"
2 Delete lines 12635 through 12686
3 In line 18369, delete "4781.121, 4781.29,"
4 In line 20 of the title, delete "4781.121, 4781.29,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Manufactured Homes Commission - violations and failure to 8 comply
9 R.C. 4781.121 and 4781.29
10 Removes the provisions of the bill that do the following:
11 -Expand what constitutes a person's violation of rules 12 adopted by the Manufactured Homes Commission (MHC) for purposes 13 of investigations and civil penalties to include all rules 14 adopted by the MHC;
15 -Expand what constitutes failure to comply with statutory 16 provisions and rules adopted by the MHC for purposes of refusal 17 to grant, suspension, or revocation of licenses to include all 18 statutory provisions and all rules adopted under the MHC 19 chapter.
Legislative Service Commission -1- 130HB483-HC0575.RTF/ar HC0576 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 47, delete "109.5721,"
2 Delete lines 710 through 801
3 In line 18356, delete "109.5721,"
4 Delete lines 18389 through 18413
5 In line 2 of the title, delete "109.5721,"
6 The motion was ______agreed to.
7 SYNOPSIS
8 Use of the Retained Applicant Fingerprint Database
9 R.C. 109.5721 and Section 503.20
10 Removes provisions of the bill that extend the use of the 11 Bureau of Criminal Identification and Investigation's retained 12 applicant fingerprint database to private parties and entities 13 in connection with employment and licensure and criminal record 14 checks.
15 Eliminates a provision of the bill that permits the 16 Director of Budget and Management to authorize expenditures to 17 pay for costs associated with the administration of the Medicaid 18 program, including the development of the retained applicant 19 fingerprint database, in response to authorized requests from 20 participating public offices and participating private parties 21 for information from the retained applicant fingerprint 22 database.
Legislative Service Commission -1- 130HB483-HC0576.RTF/ar HC0577 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 68, delete "5122.36,"
2 Delete lines 13270 through 13288
3 In line 32 of the title, delete "5122.36,"
4 The motion was ______agreed to.
5 SYNOPSIS
6 Charge-back to mentally ill person's county of residence
7 R.C. 5122.36
8 Deletes a new section requiring (1) that the expenses of 9 returning a mentally ill person to the person's county of legal 10 residence and, if the person is ordered hospitalized, probate 11 fees and other expenses incurred on the person's behalf be 12 charged to the county of residence, (2) that a transcript of 13 proceedings be sent to the probate court of the county of 14 residence, and (3) that if the person's residence cannot be 15 established, the matter be referred to the Department of Mental 16 Health and Addiction Services.
Legislative Service Commission -1- 130HB483-HC0577.RTF/rs HC0578 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 60, delete "4905.01, 4905.81,"; delete "4923.01,"
2 In line 61, delete "4923.04,"
3 Delete lines 12687 through 12750
4 Delete lines 12869 through 12922
5 Delete lines 12970 through 12998
6 In line 18369, delete "4905.01, 4905.81,"
7 In line 18370, delete "4923.01,"; delete "4923.04,"
8 In line 20 of the title, delete "4905.01, 4905.81,"
9 In line 21 of the title, delete "4923.01,"; delete
10 "4923.04,"
11 The motion was ______agreed to.
12 SYNOPSIS
13 Removal of intermodal equipment provider provisions
14 R.C. 4905.01, 4905.81, 4923.01, and 4923.04
15 Removes the provisions addressing intermodal equipment 16 providers that would have done the following:
17 Granted the Public Utilities Commission (PUCO) express 18 authority to regulate intermodal equipment providers.
Legislative Service Commission -1- 130HB483-HC0578.RTF/rs HC0578
19 Required the PUCO to adopt rules applicable to the use 20 and interchange of intermodal equipment. 21 Broadened the PUCO subpoena power (currently limited 22 to documents and other records related to hazardous 23 materials transportation) by expanding its application 24 to the production of documents and other records 25 related to compliance with motor carrier law and 26 administrative rules. 27 Defined the terms "interchange," "intermodal 28 equipment," and "intermodal equipment provider" to 29 have the same meanings as in federal motor carrier 30 safety rules.
Legislative Service Commission -2- 130HB483-HC0578.RTF/rs HC0579 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 18524, delete "333.80,"
2 Delete lines 20500 through 20552
3 In line 21065, delete "333.80,"
4 In line 38 of the title, delete "333.80,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Department of Natural Resources
8 Sections 610.20 and 610.21
9 Removes the amendment to section 333.80 of Am. Sub. H.B. 59 10 that would permit the Director of Budget and Management to 11 transfer cash from the GRF to the Geological Mapping Fund (Fund 12 5110) for increased field and laboratory research efforts 13 related to the expansion of the oil and gas program before 14 receipts from that activity can be deposited in Fund 5110.
Legislative Service Commission -1- 130HB483-HC0579.RTF/ar HC0580 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 50, delete "1509.071,"
2 Delete lines 3911 through 4168
3 In line 18359, delete "1509.071,"
4 In line 20446, reinsert "1,500,000"
5 In line 20446a, delete "2,500,000"
6 In line 20466, reinsert "77,254,626"
7 Delete line 20466a
8 In line 20498a, delete "325,761,413" and insert
9 "324,761,413"
10 In line 6 of the title, delete "1509.071,"
11 The motion was ______agreed to.
12 SYNOPSIS
13 Oil and Gas Well Fund
14 R.C. 1509.071
15 Removes the bill's provisions that do all of the following:
16 (1) Authorize the Chief of the Division of Oil and Gas 17 Resources Management to spend money credited to the Oil and Gas 18 Well Fund to develop infrastructure as a solution to problems 19 directly attributable to historic production operations, and
Legislative Service Commission -1- 130HB483-HC0580.RTF/ar HC0580
20 retain the authority of the Chief to use money credited to the 21 Fund for specified activities related to idled and orphaned 22 wells in current law;
23 (2) Eliminate the requirement in current law that the Chief 24 spend not less than 14% of the revenue credited to the Fund the 25 previous fiscal year for the above purposes; and
26 (3) Require the Chief to adopt rules regarding the 27 development of infrastructure as a solution to problems directly 28 attributable to historic production operations and establishing 29 criteria for determining the types of infrastructure for which 30 money credited to the Fund may be used.
31 Department of Natural Resources
32 Sections 610.20 and 610.21
33 Removes the appropriation increase in FY 2015 to Fund 5180 34 appropriation item 725677, Oil and Gas Well Plugging, thus 35 restoring the current appropriation amount of $1,500,000.
Legislative Service Commission -2- 130HB483-HC0580.RTF/ar HC0581 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 56, delete "4729.03,"
2 Delete lines 11620 through 11632
3 In line 18366, delete "4729.03,"
4 In line 15 of the title, delete "4729.03,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 State Board of Pharmacy Executive Director
8 R.C. 4729.03
9 Reinstates the current law requirement that the Executive 10 Director of the State Board of Pharmacy be an Ohio licensed 11 pharmacist in good standing.
Legislative Service Commission -1- 130HB483-HC0581.RTF/ar
HC0582 H.B 483 As Introduced
______moved to amend as follows:
1 In line 60, delete "4905.95,"
2 Delete lines 12751 through 12814
3 In line 18369, delete "4905.95,"
4 In line 20 of the title, delete "4905.95,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Pipeline safety forfeitures
8 R.C. 4905.95
9 Removes a provision that updates the maximum pipeline 10 safety forfeitures consistent with federal law: $200,000 limit 11 for each day of each violation or noncompliance and $2 million 12 limit for any related series of violations or noncompliances.
Legislative Service Commission -1- 130HB483-HC0582.RTF HC0584 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 61, delete "4928.66,"
2 Delete lines 12999 through 13140
3 In line 18370, delete "4928.66,"
4 In line 21 of the title, delete "4928.66,"
5 The motion was ______agreed to.
6 SYNOPSIS
7 Energy efficiency requirement
8 R.C. 4928.66
9 Eliminates the repeal of a provision that prohibits an 10 electric distribution utility (EDU) from applying more than the 11 total annual percentage of the EDU's industrial-customer load, 12 relative to the EDU's total load, to the annual energy savings 13 requirement achieved through a waste energy recovery or combined 14 heat and power system.
Legislative Service Commission -1- 130HB483-HC0584.RTF/ar HC0585 H.B. 483 As Introduced
______moved to amend as follows:
1 In line 51, delete "2152.19,"
2 In line 66, delete "5139.05, 5139.34, 5139.36, 5139.41,"
3 Delete lines 5504 through 5802
4 Delete lines 16997 through 17225
5 Delete lines 17249 through 17529
6 In line 18360, delete "2152.19,"
7 In line 18375, delete "5139.05, 5139.34, 5139.36,"
8 In line 18376, delete "5139.41,"
9 In line 8 of the title, delete "2152.19,"
10 In line 28 of the title, delete "5139.05, 5139.34,
11 5139.36,"
12 In line 29 of the title, delete "5139.41,"
13 The motion was ______agreed to.
14 SYNOPSIS
15 Placement of delinquents in community corrections 16 facilities
17 R.C. 2152.19, 5139.05, 5139.34, 5139.36, and 5139.41
18 Removes provisions that permit the Department of Youth 19 Services to place a felony delinquent in the Department's 20 custody directly into a community corrections facility without 21 notifying the committing court.
Legislative Service Commission -1- 130HB483-HC0585.RTF/rs HC0586 H.B. 483 As Introduced
______moved to amend as follows:
In line 12823, delete "or" and insert an underlined comma; 1 after the second "company" insert ", or electric light company" 2
In line 12843, after "recovery" insert "and the recovery 3 period must be at least ten years" 4
Between lines 12868 and 12869, insert: 5
"(G) The commission shall not authorize recovery under this 6 section of costs from the company's customers that relate to 7 interest charges or any type of carrying charge or cost that 8 relates to interest charges." 9
The motion was ______agreed to.
SYNOPSIS
Recovery of Environmental Remediation Costs 10
R.C. 4909.157 11
Expands the provisions of the bill that permit the Public 12 Utilities Commission to authorize, through a mechanism, the 13 recovery of environmental remediation costs for manufactured gas 14 plants to include electric light companies. 15
130HB483-HC0586/RH HC0586 Page 2
Provides that the recovery mechanism must be for a period of 16 at least ten years and prohibits the recovery of costs from the 17 company's customers that relate to interest charges or any type of 18 carrying charge or cost that relates to interest charges. 19
130HB483-HC0586/RH HC0587 H.B. 483 As Introduced
______moved to amend as follows:
1 Between lines 21069 and 21070, insert:
2 "Sec. 735.____. Rule 111-3-05 of the Administrative Code,
3 which regulates corporate and labor organization political
4 communications, is void."
5 The motion was ______agreed to.
6 SYNOPSIS
7 Void Rule 111-3-05 of the Ohio Administrative Code
8 Section 735.____
9 Voids Rule 111-3-05 of the Ohio Administrative Code, which 10 regulates corporate and labor organization political 11 communications that advocate the election or defeat of an 12 identified candidate.
Legislative Service Commission -1- 130HB483-HC0587.RTF/rs HC0588 H.B. 483 As Introduced
______moved to amend as follows:
In line 18524, after "340.10," insert "349.10," 1
Between lines 20646 and 20647, insert: 2
"Sec. 349.10. PRX STATE BOARD OF PHARMACY 3
General Services Fund Group 4 4A50 887605 Drug Law Enforcement $ 150,000 $ 150,000 5 4K90 887609 Operating Expenses $ 6,701,285 $ 6,701,285 6 6,901,285 TOTAL GSF General Services Fund $ 6,851,285 $ 6,851,285 7 Group 7,051,285
Federal Special Revenue Fund Group 8 3BC0 887604 Dangerous Drugs $ 390,869 $ 0 9 Database 3CT0 887606 2008 $ 224,691 $ 112,346 10 Developing/Enhancing PMP 3DV0 887607 Enhancing Ohio's PMP $ 2,000 $ 2,000 11 3EY0 887603 Administration of $ 66,335 $ 0 12 PMIX Hub TOTAL FED Federal Special Revenue $ 683,895 $ 114,346 13 Fund Group
130HB483-HC0588/RH HC0588 Page 2
TOTAL ALL BUDGET FUND GROUPS $ 7,535,180 $ 6,965,631 14 7,165,631"
In line 21065, after "340.10," insert "349.10," 16
In line 38 of the title, after "340.10," insert "349.10," 17
The motion was ______agreed to.
SYNOPSIS
Board of Pharmacy 18
Section 610.20 19
Amends Section 349.10 of H.B. 59 20
Appropriates $200,000 in FY 2015 to GSF Fund 4K90 21 appropriation item 887609, Operating Expenses. 22
130HB483-HC0588/RH HC0589 H.B. 483 As Introduced
______moved to amend as follows:
Delete lines 19281 through 19281b 1
In line 19285a, delete "59,608,544" and insert "57,108,544" 2
In line 19347, reinsert "12,013,518,929" 3
In line 19347a, delete "12,016,018,929" 4
Delete lines 19764 through 19791 5
The motion was ______agreed to.
SYNOPSIS
Department of Education 6
Section 610.20, amends Section 263.10 of H.B. 59 7
Eliminates GSF appropriation item 200654, Adult Career 8 Opportunity Pilot Program. 9
130HB483-HC0589/AT HC0590 H.B. 483 As Introduced
______moved to amend as follows:
In line 18523, after "301.10, " insert "301.40," 1
In line 20252, strike through the second "$41,132,751" and 2 insert "$41,432,751" 3
In line 20266, add $300,000 to fiscal year 2015 4
In line 20268, add $300,000 to fiscal year 2015 5
In line 20321a, add $300,000 to fiscal year 2015 6
Between lines 20321a and 20323, insert: 7
"Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS 8
(A) The foregoing appropriation item 600521, Family 9 Assistance - Local, may be provided to county departments of job 10 and family services to administer food assistance and disability 11 assistance programs. 12
(B) The foregoing appropriation item 655522, Medicaid Program 13 Support - Local, may be provided to county departments of job and 14 family services to administer the Medicaid program and the State 15 Children's Health Insurance program. 16
(C) At the request of the Director of Job and Family 17 Services, the Director of Budget and Management may transfer 18 appropriations between appropriation item 600521, Family 19
130HB483-HC0590/JF HC0590 Page 2
20 Assistance - Local, and appropriation item 655522, Medicaid 21 Program Support - Local, in order to ensure county administrative 22 funds are expended from the proper appropriation item.
(D) If receipts credited to the Medicaid Program Support Fund 23 (Fund 3F01) and the Supplemental Nutrition Assistance Program Fund 24 (Fund 3840) exceed the amounts appropriated, the Director of Job 25 and Family Services shall request the Director of Budget and 26 Management to authorize expenditures from those funds in excess of 27 the amounts appropriated. Upon approval of the Director of Budget 28 and Management, the additional amounts are hereby appropriated. 29
FAMILY ASSISTANCE-LOCAL 30
Of the foregoing appropriation item 600521, Family 31 Assistance-Local, $300,000 in fiscal year 2015 shall be allocated 32 to the Jewish Federation of Cincinnati to provide operating funds 33 for the Mayerson Jewish Community Center, Jewish Family Service of 34 Cincinnati, and Dream Homes, Inc." 35
In line 21065, after "301.10," insert "301.40," 36
In line 38 of the title, after "301.10," insert "301.40," 37
The motion was ______agreed to.
SYNOPSIS
Department of Job and Family Services 38
Sections 610.20 and 610.21, Amends Sections 301.10 and 301.40 39 of H.B. 59 40
Appropriates an additional $300,000 to GRF line item 600521, 41 Family Assistance-Local, in fiscal year 2015 and allocates that 42
130HB483-HC0590/JF HC0590 Page 3
43 amount to the Jewish Federation of Cincinnati to provide operating 44 funds for the Mayerson Jewish Community Center, Jewish Family 45 Service of Cincinnati, and Dream Homes, Inc.
130HB483-HC0590/JF HC0591 H.B. 483 As Introduced
______moved to amend as follows:
Between lines 21067 and 21068, insert: 1
"Section ____. That Section 223.10 of Am. H.B. 497 of the 2 130th General Assembly be amended to read as follows: 3
Section 223.10. DNR DEPARTMENT OF NATURAL RESOURCES 4
Wildlife Fund (Fund 7015) 5 C725K9 Wildlife Area Building $ 6,400,000 6 Development/Renovations TOTAL Wildlife Fund $ 6,400,000 7
Administrative Building Fund (Fund 7026) 8 C725D5 Fountain Square Telephone Improvements $ 2,250,000 9 C725D7 MARCS Equipment $ 2,490,150 10 C725E0 DNR Fairgrounds Areas Upgrading $ 485,000 11 C725N7 District Office Renovations $ 2,000,000 12 TOTAL Administrative Building Fund $ 7,225,150 13
Ohio Parks and Natural Resources Fund (Fund 7031) 14 C72549 Facilities Development $ 1,250,000 15 C72599 State Parks, Campgrounds, Lodges, Cabins $ 2,600,000 16 C725C2 Canals Hydraulics Work and Support $ 200,000 17 Facilities C725E1 Local Parks Projects Statewide $ 11,366,525 18
130HB483-HC0591/RH HC0591 Page 2
C725E5 Project Planning $ 2,749,000 19 C725J0 Natural Areas/Preserves $ 1,000,000 20 Maintenance/Facilities C725K0 State Park Renovations/Upgrading $ 13,027,940 21 C725N5 Wastewater/Water Systems Upgrades $ 12,055,000 22 C725N8 Operations Facilities Development $ 2,500,000 23 C72501 The Wilds $ 500,000 24 C725T3 Healthy Lake Erie Initiative $ 10,000,000 25 C725U0 Savanna Ridge Enterprise Zone - $ 500,000 26 Cleveland Metroparks Zoo Zoological Society Savannah Ridge Project TOTAL Ohio Parks and Natural Resources Fund $ 57,748,465 27
Parks and Recreation Improvement Fund (Fund 7035) 28 C725A0 State Parks, Campgrounds, Lodges, Cabins $ 42,050,000 29 C725B2 State Park Maintenance Facility $ 3,000,000 30 Development C725B5 Buckeye Lake Dam Rehabilitation $ 4,000,000 31 C725E2 Local Parks Projects $ 35,639,595 32 C725E6 Project Planning $ 5,901,000 33 C725M5 Lake Erie Island State Park/Middle Bass $ 6,000,000 34 Island State Park C725R4 Dam Rehabilitation - Parks $ 41,100,000 35 TOTAL Parks and Recreation Improvement Fund $ 137,690,595 36
Clean Ohio Trail Fund (Fund 7061) 37 C72514 Clean Ohio Trail Fund $ 12,500,000 38 TOTAL Clean Ohio Trail Fund $ 12,500,000 39
Waterways Safety Fund (Fund 7086) 40 C725A7 Cooperative Funding for Boating $ 9,200,000 41 Facilities C725N9 Operations Facilities Development $ 820,000 42 C725Q6 Facilities Development $ 5,363,274 43
130HB483-HC0591/RH HC0591 Page 3
TOTAL Waterways Safety Fund $ 15,383,274 44 TOTAL ALL FUNDS $ 236,947,484 45
FEDERAL REIMBURSEMENT 46
All reimbursements received from the federal government for 47 any expenditures made pursuant to this section shall be deposited 48 in the state treasury to the credit of the Parks and Recreation 49 Improvement Fund (Fund 7035). 50
LOCAL PARK PROJECTS STATEWIDE 51
Of the foregoing appropriation item C725E1, Local Parks 52 Projects Statewide, an amount equal to two per cent of the 53 projects listed may be used by the Department of Natural Resources 54 for the administration of local projects, $3,500,000 shall be used 55 for the Flats East Gateway and Riverfront Park, $1,000,000 shall 56 be used for the City of Celina Boardwalk, $1,000,000 shall be used 57 for the Middletown River Center, $1,000,000 shall be used for the 58 Voice of America Multi-Purpose Field and Athletic Complex, 59 $1,000,000 shall be used for the Euclid Waterfront Improvements 60 Plan - Phase II Implementation, $875,000 shall be used for the 61 Preble County Agricultural Facility Improvements, $500,000 shall 62 be used for the New Economy Neighborhood - Phase II, $500,000 63 shall be used for the Nimisila Spillway Replacement Project, 64 $350,000 shall be used for the Perry Township Park Lakeshore 65 Stabilization, $300,000 shall be used for the Fairfield Sports 66 Complex Entrance, $250,000 shall be used for the Riverfront 67 Enhancement, $250,000 shall be used for the Earl Thomas Conley 68 Riverside Park Campground, $150,000 shall be used for the Treasure 69 Island River Corridor Improvement, $150,000 shall be used for the 70 Russ Nature Reserve, $100,000 shall be used for the Hillsboro 71 North High Trail and Pedestrian Bridge, $100,000 shall be used for 72 the PASA Field Lighting, $100,000 shall be used for the Gallipolis 73
130HB483-HC0591/RH HC0591 Page 4
74 Riverfront Project – Phase I, $80,000 shall be used for the Black 75 River Landing Pavilion, $50,000 shall be used for the Loudonville 76 Public Swimming Pool, $35,000 shall be used for the A.S.K. 77 Playground, $30,000 shall be used for the Medina Community 78 Recreation Center, $25,000 shall be used for the Newbury Veterans' 79 Memorial Park, and $21,525 shall be used for the Black Swamp 80 Education Center Parking Lot.
LOCAL PARKS PROJECTS 81
Of the foregoing appropriation item C725E2, Local Parks 82 Projects, an amount equal to two per cent of the projects listed 83 may be used by the Department of Natural Resources for the 84 administration of local projects, $15,000,000 shall be used for 85 the Veterans Memorial, $5,000,000 shall be used for the City of 86 Cleveland - Lakefront Access Project, $4,000,000 shall be used for 87 the Banks Project - Phase IIIA, $1,500,000 shall be used for the 88 Fifth Third Field Sports Plaza, $1,500,000 shall be used for the 89 Lima Stadium Park, $1,000,000 shall be used for the Little Miami 90 Scenic Trail- Bridge Construction, $500,000 shall be used for the 91 Shaker Heights Van Aken District, $500,000 shall be used for the 92 Cascade Plaza Renovation, $500,000 shall be used for the Olentangy 93 Greenway Trail Highbanks Connector, $500,000 shall be used for 94 Hilliard Station Park, $500,000 shall be used for the MidPointe 95 Crossing - Swift Park, $500,000 shall be used for the Smale 96 Riverfront Park, $500,000 shall be used for the Green Township 97 Harrison Avenue Hike/Bike Fitness Trail, $300,000 shall be used 98 for the Historic Loveland Bike Trail Parking Spur, $400,000 shall 99 be used for the City of Sylvania River Trail, $285,545 shall be 100 used for the Celina Westview Park Quad, $250,000 shall be used for 101 the New Bremen Lions Park Development, $250,000 shall be used for 102 the Montgomery County Agricultural Facility Improvements, $250,000 103 shall be used for Northam Park, $250,000 shall be used for the 104
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105 Urban Youth Academy - Roselawn Park, $250,000 shall be used for 106 the Miamisburg Riverfront Park, $218,000 shall be used for Laurel 107 Park, Winesburg, $165,000 shall be used for the Fredericktown Bike 108 Path, $150,000 shall be used for the Logan County Agricultural 109 Facility Improvements, $150,000 shall be used for the Help All 110 Kids Play Hilliard Fields Sports Complex, $150,000 shall be used 111 for York Township Park, $150,000 shall be used for Eastview Park, 112 $120,000 shall be used for the Shelby County Agricultural Facility 113 Improvements, $100,000 shall be used for the Ohio to Erie Trail, 114 $100,000 shall be used for Mt. Vernon Foundation Park, $100,000 115 shall be used for the Shanes Park Expansion, $92,000 shall be used 116 for the Defiance County Agricultural Facility Improvements, 117 $50,000 shall be used for the Moonville Rail Trail Bridges and 118 Construction, $50,000 shall be used for the All-Pro Freight 119 Stadium Improvements, $50,000 shall be used for the Bowling Green 120 Nature Center, $49,000 shall be used for the Lynchburg Old School 121 Park, $45,000 shall be used for the Bruce L. Chapin Bridge - 122 Northcoast Inland Trail, $40,000 shall be used for Pyramid Hill 123 Sculpture Park, $35,000 shall be used for Coldwater Memorial Park, 124 $32,300 shall be used for the Norwalk Soccer Shelter, $30,000 125 shall be used for the Round Town Bike Trail, and $27,750 shall be 126 used for the Shalersville Park Walking Trail.
Section ____. That existing Section 223.10 of Am. H.B. 497 of 127 the 130th General Assembly is hereby repealed." 128
In line 41 of the title, after the semicolon insert "to amend 129 Section 223.10 of Am. H.B. 497 of the 130th General Assembly;" 130
The motion was ______agreed to.
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SYNOPSIS
Department of Natural Resources 131
Section ___. 132
Amends Section 223.10 of Am. H.B. 497 of the 130th G.A. to 133 change the name of an earmark for a project under the Department 134 of Natural Resources' budget from "C725U0, Savanna Ridge 135 Enterprise Zone – Cleveland Metroparks Zoo" to "C725U0, Cleveland 136 Zoological Society Savannah Ridge Project." 137
130HB483-HC0591/RH HC0592 H.B. 483 As Introduced
______moved to amend as follows:
In line 49, after "191.01," insert "340.01,"; after 1 "340.021," insert "340.03, 340.08, 340.09, 340.15," 2
In line 61, after "5104.03," insert "5119.21, 5119.22, 3 5119.23, 5119.25," 4
In line 67, after "164.261," insert "340.092, 340.093, 5 340.20," 6
In line 68, after "4909.157," insert "5119.362, 5119.363, 7 5119.364, 5119.365," 8
Between lines 2803 and 2804, insert: 9
"Sec. 340.01. (A) As used in this chapter, "addiction,": 10
(1) "Addiction," "addiction services," "alcohol and drug 11 addiction services," "community addiction services provider," 12 "community mental health services provider," "drug addiction," 13 "gambling addiction services," "mental health services," and 14 "mental illness" have the same meanings as in section 5119.01 of 15 the Revised Code. 16
(2) "Medication-assisted treatment" means alcohol and drug 17 addiction services that are accompanied by medication approved by 18 the United States food and drug administration for the treatment 19 of drug addiction, prevention of relapse of drug addiction, or 20
130HB483-HC0592/RH HC0592 Page 2 both. 21
(3) "Recovery housing" means housing for individuals 22 recovering from drug addiction that provides an alcohol and 23 drug-free living environment, peer support, assistance with 24 obtaining drug addiction services, and other drug addiction 25 recovery assistance. 26
(B) An alcohol, drug addiction, and mental health service 27 district shall be established in any county or combination of 28 counties having a population of at least fifty thousand to provide 29 addiction services and mental health services. With the approval 30 of the director of mental health and addiction services, any 31 county or combination of counties having a population of less than 32 fifty thousand may establish such a district. Districts comprising 33 more than one county shall be known as joint-county districts. 34
The board of county commissioners of any county participating 35 in a joint-county district may submit a resolution requesting 36 withdrawal from the district together with a comprehensive plan or 37 plans that are in compliance with rules adopted by the director of 38 mental health and addiction services under section 5119.22 of the 39 Revised Code, and that provide for the equitable adjustment and 40 division of all services, assets, property, debts, and 41 obligations, if any, of the joint-county district to the board of 42 alcohol, drug addiction, and mental health services, to the boards 43 of county commissioners of each county in the district, and to the 44 directors director. No county participating in a joint-county 45 service district may withdraw from the district without the 46 consent of the director of mental health and addiction services 47 nor earlier than one year after the submission of such resolution 48 unless all of the participating counties agree to an earlier 49 withdrawal. Any county withdrawing from a joint-county district 50 shall continue to have levied against its tax list and duplicate 51
130HB483-HC0592/RH HC0592 Page 3 any tax levied by the district during the period in which the 52 county was a member of the district until such time as the levy 53 expires or is renewed or replaced." 54
Between lines 3069 and 3070, insert: 55
"Sec. 340.03. (A) Subject to rules issued by the director of 56 mental health and addiction services after consultation with 57 relevant constituencies as required by division (A)(10) of section 58 5119.21 of the Revised Code, the board of alcohol, drug addiction, 59 and mental health services shall: 60
(1) Serve as the community addiction and mental health 61 services planning agency for the county or counties under its 62 jurisdiction, and in so doing it shall: 63
(a) Evaluate the need for facilities and community addiction 64 and mental health services; 65
(b) In cooperation with other local and regional planning and 66 funding bodies and with relevant ethnic organizations, assess the 67 community addiction and mental health needs, evaluate strengths 68 and challenges, and set priorities for community addiction and 69 mental health services, including treatment and prevention. When 70 the board sets priorities for the operation of addiction services, 71 the board shall consult with the county commissioners of the 72 counties in the board's service district regarding the services 73 described in section 340.15 of the Revised Code and shall give 74 priority to those services, except that those services shall not 75 have a priority over services provided to pregnant women under 76 programs developed in relation to the mandate established in 77 section 5119.17 of the Revised Code; 78
(c) In accordance with guidelines issued by the director of 79 mental health and addiction services after consultation with board 80
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81 representatives, annually develop and submit to the department of 82 mental health and addiction services a community addiction and 83 mental health services plan listing community addiction and mental 84 health services needs, including the needs of all residents of the 85 district currently receiving inpatient services in state-operated 86 hospitals, the needs of other populations as required by state or 87 federal law or programs, the needs of all children subject to a 88 determination made pursuant to section 121.38 of the Revised Code, 89 and priorities for facilities and community addiction and mental 90 health services during the period for which the plan will be in 91 effect.
In alcohol, drug addiction, and mental health service 92 districts that have separate alcohol and drug addiction services 93 and community mental health boards, the alcohol and drug addiction 94 services board shall submit a community addiction services plan 95 and the community mental health board shall submit a community 96 mental health services plan. Each board shall consult with its 97 counterpart in developing its plan and address the interaction 98 between the local addiction services and mental health services 99 systems and populations with regard to needs and priorities in 100 developing its plan. 101
The department shall approve or disapprove the plan, in whole 102 or in part, according to the criteria developed pursuant to 103 section 5119.22 of the Revised Code. Eligibility for state and 104 federal funding shall be contingent upon an approved plan or 105 relevant part of a plan. 106
If a board determines that it is necessary to amend a plan 107 that has been approved under this division, the board shall submit 108 a proposed amendment to the director. The director may approve or 109 disapprove all or part of the amendment. The director shall inform 110
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111 the board of the reasons for disapproval of all or part of an 112 amendment and of the criteria that must be met before the 113 amendment may be approved. The director shall provide the board an 114 opportunity to present its case on behalf of the amendment. The 115 director shall give the board a reasonable time in which to meet 116 the criteria, and shall offer the board technical assistance to 117 help it meet the criteria.
The board shall operate in accordance with the plan approved 118 by the department. 119
(d) Promote, arrange, and implement working agreements with 120 social agencies, both public and private, and with judicial 121 agencies. 122
(2) Investigate, or request another agency to investigate, 123 any complaint alleging abuse or neglect of any person receiving 124 services from a community addiction or mental health services 125 provider certified under section 5119.36 of the Revised Code or 126 alleging abuse or neglect of a resident receiving addiction 127 services or with mental illness or severe mental disability 128 residing in a residential facility licensed under section 5119.34 129 of the Revised Code. If the investigation substantiates the charge 130 of abuse or neglect, the board shall take whatever action it 131 determines is necessary to correct the situation, including 132 notification of the appropriate authorities. Upon request, the 133 board shall provide information about such investigations to the 134 department. 135
(3) For the purpose of section 5119.36 of the Revised Code, 136 cooperate with the director of mental health and addiction 137 services in visiting and evaluating whether the services of a 138 community addiction or mental health services provider satisfy the 139 certification standards established by rules adopted under that 140
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141 section;
(4) In accordance with criteria established under division 142 (E) of section 5119.22 of the Revised Code, conduct program audits 143 that review and evaluate the quality, effectiveness, and 144 efficiency of services provided through its community addiction 145 and mental health contracted services and submit its findings and 146 recommendations to the department of mental health and addiction 147 services; 148
(5) In accordance with section 5119.34 of the Revised Code, 149 review an application for a residential facility license and 150 provide to the department of mental health and addiction services 151 any information about the applicant or facility that the board 152 would like the department to consider in reviewing the 153 application; 154
(6) Audit, in accordance with rules adopted by the auditor of 155 state pursuant to section 117.20 of the Revised Code, at least 156 annually all programs and services provided under contract with 157 the board. In so doing, the board may contract for or employ the 158 services of private auditors. A copy of the fiscal audit report 159 shall be provided to the director of mental health and addiction 160 services, the auditor of state, and the county auditor of each 161 county in the board's district. 162
(7) Recruit and promote local financial support for addiction 163 and mental health services from private and public sources; 164
(8)(a) Enter into contracts with public and private 165 facilities for the operation of facility services and enter into 166 contracts with public and private community addiction and mental 167 health service providers for the provision of community addiction 168 and mental health services. The board may not contract with a 169 residential facility subject to section 5119.34 of the Revised 170
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171 Code unless the facility is licensed by the director of mental 172 health and addiction services and may not contract with a 173 community addiction or mental health services provider to provide 174 community addiction or mental health services unless the services 175 are certified by the director of mental health and addiction 176 services under section 5119.36 of the Revised Code. Section 307.86 177 of the Revised Code does not apply to contracts entered into under 178 this division. In contracting with a community addiction or mental 179 health services provider, a board shall consider the cost 180 effectiveness of services provided by that provider and the 181 quality and continuity of care, and may review cost elements, 182 including salary costs, of the services to be provided. A 183 utilization review process may be established as part of the 184 contract for services entered into between a board and a community 185 addiction or mental health services provider. The board may 186 establish this process in a way that is most effective and 187 efficient in meeting local needs.
If either the board or a facility or community addiction or 188 mental health services provider with which the board contracts 189 under this division proposes not to renew the contract or proposes 190 substantial changes in contract terms, the other party shall be 191 given written notice at least one hundred twenty days before the 192 expiration date of the contract. During the first sixty days of 193 this one hundred twenty-day period, both parties shall attempt to 194 resolve any dispute through good faith collaboration and 195 negotiation in order to continue to provide services to persons in 196 need. If the dispute has not been resolved sixty days before the 197 expiration date of the contract, either party may notify the 198 department of mental health and addiction services of the 199 unresolved dispute. The director may require both parties to 200 submit the dispute to a third party with the cost to be shared by 201
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202 the board and the facility or provider. The third party shall 203 issue to the board, the facility or provider, and the department 204 recommendations on how the dispute may be resolved twenty days 205 prior to the expiration date of the contract, unless both parties 206 agree to a time extension. The director shall adopt rules 207 establishing the procedures of this dispute resolution process.
(b) With the prior approval of the director of mental health 208 and addiction services, a board may operate a facility or provide 209 a community addiction or mental health service as follows, if 210 there is no other qualified private or public facility or 211 community addiction or mental health services provider that is 212 immediately available and willing to operate such a facility or 213 provide the service: 214
(i) In an emergency situation, any board may operate a 215 facility or provide a community addiction or mental health service 216 in order to provide essential services for the duration of the 217 emergency; 218
(ii) In a service district with a population of at least one 219 hundred thousand but less than five hundred thousand, a board may 220 operate a facility or provide a community addiction or mental 221 health service for no longer than one year; 222
(iii) In a service district with a population of less than 223 one hundred thousand, a board may operate a facility or provide a 224 community addiction or mental health service for no longer than 225 one year, except that such a board may operate a facility or 226 provide a community addiction or mental health service for more 227 than one year with the prior approval of the director and the 228 prior approval of the board of county commissioners, or of a 229 majority of the boards of county commissioners if the district is 230 a joint-county district. 231
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The director shall not give a board approval to operate a 232 facility or provide a community addiction or mental health service 233 under division (A)(8)(b)(ii) or (iii) of this section unless the 234 director determines that it is not feasible to have the department 235 operate the facility or provide the service. 236
The director shall not give a board approval to operate a 237 facility or provide a community addiction or mental health service 238 under division (A)(8)(b)(iii) of this section unless the director 239 determines that the board will provide greater administrative 240 efficiency and more or better services than would be available if 241 the board contracted with a private or public facility or 242 community addiction or mental health services provider. 243
The director shall not give a board approval to operate a 244 facility previously operated by a person or other government 245 entity unless the board has established to the director's 246 satisfaction that the person or other government entity cannot 247 effectively operate the facility or that the person or other 248 government entity has requested the board to take over operation 249 of the facility. The director shall not give a board approval to 250 provide a community addiction or mental health service previously 251 provided by a community addiction or mental health services 252 provider unless the board has established to the director's 253 satisfaction that the provider cannot effectively provide the 254 service or that the provider has requested the board take over 255 providing the service. 256
The director shall review and evaluate a board's operation of 257 a facility and provision of community addiction or mental health 258 service under division (A)(8)(b) of this section. 259
Nothing in division (A)(8)(b) of this section authorizes a 260 board to administer or direct the daily operation of any facility 261
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262 or community addiction or mental health services provider, but a 263 facility or provider may contract with a board to receive 264 administrative services or staff direction from the board under 265 the direction of the governing body of the facility or provider.
(9) Approve fee schedules and related charges or adopt a unit 266 cost schedule or other methods of payment for contract services 267 provided by community addiction or mental health services 268 providers in accordance with guidelines issued by the department 269 as necessary to comply with state and federal laws pertaining to 270 financial assistance; 271
(10) Submit to the director and the county commissioners of 272 the county or counties served by the board, and make available to 273 the public, an annual report of the services under the 274 jurisdiction of the board, including a fiscal accounting; 275
(11) Establish, to the extent resources are available, a full 276 spectrum of care for all levels of treatment services for opioid 277 and co-occurring drug addiction and a continuum of care, which 278 provides for other services that provide for prevention, 279 treatment, support, and rehabilitation services and opportunities. 280 The essential elements of the full spectrum and continuum of care 281 include, but are not limited to, the following components in 282 accordance with section 5119.21 of the Revised Code: 283
(a) To locate persons in need of addiction or mental health 284 services to inform them of available services and benefits; 285
(b) Assistance for persons receiving services to obtain 286 services necessary to meet basic human needs for food, clothing, 287 shelter, medical care, personal safety, and income; 288
(c) Addiction and mental health services, including, but not 289 limited to, outpatient, residential, partial hospitalization, and, 290
130HB483-HC0592/RH HC0592 Page 11 where appropriate, inpatient (where appropriate), and any other 291 type of addiction and mental health care; 292
(d) Emergency services and crisis intervention; 293
(e) Assistance for persons receiving services to obtain 294 vocational services and opportunities for jobs; 295
(f) The provision of services designed to develop social, 296 community, and personal living skills; 297
(g) Access to a wide range of housing and the provision of 298 residential treatment and support; 299
(h) Support, assistance, consultation, and education for 300 families, friends, persons receiving addiction or mental health 301 services, and others; 302
(i) Recognition and encouragement of families, friends, 303 neighborhood networks, especially networks that include racial and 304 ethnic minorities, churches, community organizations, and 305 community employment as natural supports for persons receiving 306 addiction or mental health services; 307
(j) Grievance procedures and protection of the rights of 308 persons receiving addiction or mental health services; 309
(k) Community psychiatric supportive treatment services, 310 which includes continual individualized assistance and advocacy to 311 ensure that needed services are offered and procured; 312
(l) Any additional component the department determines is 313 necessary to establish a full spectrum of care for all levels of 314 treatment services for opioid and co-occurring drug addiction and 315 a continuum of care for other services. 316
(12) Establish a method for evaluating referrals for 317 involuntary commitment and affidavits filed pursuant to section 318
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319 5122.11 of the Revised Code in order to assist the probate 320 division of the court of common pleas in determining whether there 321 is probable cause that a respondent is subject to involuntary 322 hospitalization and what alternative treatment is available and 323 appropriate, if any;
(13) Designate the treatment services, provider, facility, or 324 other placement for each person involuntarily committed to the 325 board pursuant to Chapter 5122. of the Revised Code. The board 326 shall provide the least restrictive and most appropriate 327 alternative that is available for any person involuntarily 328 committed to it and shall assure that the listed services 329 submitted and approved in accordance with division (B) of section 330 340.08 of the Revised Code are available to severely mentally 331 disabled persons residing within its service district. The board 332 shall establish the procedure for authorizing payment for 333 services, which may include prior authorization in appropriate 334 circumstances. The board may provide for services directly to a 335 severely mentally disabled person when life or safety is 336 endangered and when no community mental health services provider 337 is available to provide the service. 338
(14) Ensure that apartments or rooms built, subsidized, 339 renovated, rented, owned, or leased by the board or a community 340 addiction or mental health services provider have been approved as 341 meeting minimum fire safety standards and that persons residing in 342 the rooms or apartments are receiving appropriate and necessary 343 services, including culturally relevant services, from a community 344 addiction or mental health services provider. This division does 345 not apply to residential facilities licensed pursuant to section 346 5119.34 of the Revised Code. 347
(15) Establish a mechanism for obtaining advice and 348
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349 involvement of persons receiving publicly funded addiction or 350 mental health services on matters pertaining to addiction and 351 mental health services in the alcohol, drug addiction, and mental 352 health service district;
(16) Perform the duties required by rules adopted under 353 section 5119.22 of the Revised Code regarding referrals by the 354 board or mental health services providers under contract with the 355 board of individuals with mental illness or severe mental 356 disability to residential facilities as defined in division 357 (A)(9)(b)(iii) of section 5119.34 of the Revised Code and 358 effective arrangements for ongoing mental health services for the 359 individuals. The board is accountable in the manner specified in 360 the rules for ensuring that the ongoing mental health services are 361 effectively arranged for the individuals. 362
(B) The board shall establish such rules, operating 363 procedures, standards, and bylaws, and perform such other duties 364 as may be necessary or proper to carry out the purposes of this 365 chapter. 366
(C) A board of alcohol, drug addiction, and mental health 367 services may receive by gift, grant, devise, or bequest any 368 moneys, lands, or property for the benefit of the purposes for 369 which the board is established, and may hold and apply it 370 according to the terms of the gift, grant, or bequest. All money 371 received, including accrued interest, by gift, grant, or bequest 372 shall be deposited in the treasury of the county, the treasurer of 373 which is custodian of the alcohol, drug addiction, and mental 374 health services funds to the credit of the board and shall be 375 available for use by the board for purposes stated by the donor or 376 grantor. 377
(D) No board member or employee of a board of alcohol, drug 378
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379 addiction, and mental health services shall be liable for injury 380 or damages caused by any action or inaction taken within the scope 381 of the board member's official duties or the employee's 382 employment, whether or not such action or inaction is expressly 383 authorized by this section or any other section of the Revised 384 Code, unless such action or inaction constitutes willful or wanton 385 misconduct. Chapter 2744. of the Revised Code applies to any 386 action or inaction by a board member or employee of a board taken 387 within the scope of the board member's official duties or 388 employee's employment. For the purposes of this division, the 389 conduct of a board member or employee shall not be considered 390 willful or wanton misconduct if the board member or employee acted 391 in good faith and in a manner that the board member or employee 392 reasonably believed was in or was not opposed to the best 393 interests of the board and, with respect to any criminal action or 394 proceeding, had no reasonable cause to believe the conduct was 395 unlawful.
(E) The meetings held by any committee established by a board 396 of alcohol, drug addiction, and mental health services shall be 397 considered to be meetings of a public body subject to section 398 121.22 of the Revised Code. 399
Sec. 340.08. In accordance with rules or guidelines issued by 400 the director of mental health and addiction services, each board 401 of alcohol, drug addiction, and mental health services shall do 402 all of the following: 403
(A) Submit to the department of mental health and addiction 404 services a report of receipts and expenditures for all federal, 405 state, and local moneys the board expects to receive;. 406
(1) The report shall identify funds the board has available 407
130HB483-HC0592/RH HC0592 Page 15 for the full spectrum of care for all levels of treatment services 408 for opioid and co-occurring drug addiction required by division 409 (B) of section 340.09 of the Revised Code. 410
(2) The report shall identify funds the board and public 411 children services agencies in the board's service district have 412 available to fund jointly the services described in section 340.15 413 of the Revised Code. 414
(2)(3) The board's proposed budget for expenditures of state 415 and federal funds distributed to the board by the department shall 416 be deemed an application for funds, and the department shall 417 approve or disapprove the budget for these expenditures. The 418 department shall inform the board of the reasons for disapproval 419 of the budget for the expenditure of state and federal funds and 420 of the criteria that must be met before the budget may be 421 approved. The director shall provide the board an opportunity to 422 present its case on behalf of the submitted budget. The director 423 shall give the board a reasonable time in which to meet the 424 criteria and shall offer the board technical assistance to help it 425 meet the criteria. 426
If a board determines that it is necessary to amend a budget 427 that has been approved under this section, the board shall submit 428 a proposed amendment to the director. The director may approve or 429 disapprove all or part of the amendment. The director shall inform 430 the board of the reasons for disapproval of all or part of the 431 amendment and of the criteria that must be met before the 432 amendment may be approved. The director shall provide the board an 433 opportunity to present its case on behalf of the amendment. The 434 director shall give the board a reasonable time in which to meet 435 the criteria and shall offer the board technical assistance to 436 help it meet the criteria. 437
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(3)(4) The director of mental health and addiction services, 438 in whole or in part, may withhold funds otherwise to be allocated 439 to a board of alcohol, drug addiction, and mental health services 440 under Chapter 5119. of the Revised Code if the board's use of 441 state and federal funds fails to comply with the approved budget, 442 as it may be amended with the approval of the department. However, 443 the director shall withhold all such funds from the board if the 444 board fails to make the full spectrum of care for all levels of 445 treatment services for opioid and co-occurring drug addiction 446 available in the board's district in accordance with division (B) 447 of section 340.09 of the Revised Code. 448
(B) Submit to the department a statement identifying the 449 services described in section 340.09 of the Revised Code the board 450 intends to make available. The board shall include the full 451 spectrum of care for all levels of treatment services for opioid 452 and co-occurring drug addiction required by division (B) of 453 section 340.09 of the Revised Code, crisis intervention services 454 for individuals in emergency situations, and services required 455 pursuant to section 340.15 of the Revised Code, and the. The board 456 shall explain the manner in which the board intends to make such 457 services available. The list of services shall be compatible with 458 the budget submitted pursuant to division (A) of this section. The 459 department shall approve or disapprove the proposed listing of 460 services to be made available. The department shall inform the 461 board of the reasons for disapproval of the listing of proposed 462 services and of the criteria that must be met before listing of 463 proposed services may be approved. The director shall provide the 464 board an opportunity to present its case on behalf of the 465 submitted listing of proposed services. The director shall give 466 the board a reasonable time in which to meet the criteria and 467 shall offer the board technical assistance to help it meet the 468
130HB483-HC0592/RH HC0592 Page 17 criteria. 469
(C) Enter into a continuity of care agreement with the state 470 institution operated by the department of mental health and 471 addiction services and designated as the institution serving the 472 district encompassing the board's service district. The continuity 473 of care agreement shall outline the department's and the board's 474 responsibilities to plan for and coordinate with each other to 475 address the needs of board residents who are patients in the 476 institution, with an emphasis on managing appropriate hospital bed 477 day use and discharge planning. The continuity of care agreement 478 shall not require the board to provide services other than those 479 on the list of services submitted by the board and approved by the 480 department pursuant to division (B) of this section. 481
(D) In conjunction with the department of mental health and 482 addiction services, operate a coordinated system for tracking and 483 monitoring persons found not guilty by reason of insanity and 484 committed pursuant to section 2945.40 of the Revised Code who have 485 been granted a conditional release and persons found incompetent 486 to stand trial and committed pursuant to section 2945.39 of the 487 Revised Code who have been granted a conditional release. The 488 system shall do all of the following: 489
(1) Centralize responsibility for the tracking of those 490 persons; 491
(2) Provide for uniformity in monitoring those persons; 492
(3) Provide a mechanism to allow prompt rehospitalization, 493 reinstitutionalization, or detention when a violation of the 494 conditional release or decompensation occurs. 495
(E) Submit to the department a report summarizing complaints 496 and grievances received by the board concerning the rights of 497 persons seeking or receiving services, investigations of 498
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499 complaints and grievances, and outcomes of the investigations.
(F) Provide to the department information to be submitted to 500 the community addiction and mental health information system or 501 systems established by the department under Chapter 5119. of the 502 Revised Code. 503
(G) Annually, and upon any change in membership, submit to 504 the department a list of all current members of the board of 505 alcohol, drug addiction, and mental health services, including the 506 appointing authority for each member, and the member's specific 507 qualification for appointment pursuant to section 340.02 or 508 340.021 of the Revised Code, if applicable. 509
(H) Submit to the department other information as is 510 reasonably required for purposes of the department's operations, 511 service evaluation, reporting activities, research, system 512 administration, and oversight. 513
Sec. 340.09. (A) The department of mental health and 514 addiction services shall provide assistance to any county for the 515 all of the following from funds the general assembly appropriates 516 for these purposes: 517
(1) The operation of boards the board of alcohol, drug 518 addiction, and mental health services, the provision of services 519 serving the county; 520
(2) The full spectrum of care for all levels of treatment 521 services for opioid and co-occurring drug addiction that are 522 approved by the department and made available in the county by the 523 board serving the county; 524
(3) The continuum of care for other services that are 525 approved by the department within the continuum of care, the and 526
130HB483-HC0592/RH HC0592 Page 19 made available in the county by the board serving the county; 527
(4) The provision of approved support functions, and the; 528
(5) The partnership in, or support for, approved continuum of 529 care-related activities from funds appropriated for that purpose 530 by the general assembly related to the full spectrum of all levels 531 of treatment services for opioid and co-occurring drug addiction 532 and the continuum of care of other services. 533
(B) The full spectrum of care for all levels of treatment 534 services for opioid and co-occurring drug addiction shall include 535 at least ambulatory and sub-acute detoxification, non-intensive 536 and intensive outpatient services, medication-assisted treatment, 537 peer mentoring, residential treatment services, recovery housing 538 pursuant to section 340.092 of the Revised Code, and twelve-step 539 approaches. The treatment services shall be made available in the 540 service district of each board, except that a treatment consisting 541 of sub-acute detoxification or residential treatment services for 542 opioid and co-occurring drug addiction is not required to be 543 available in a board's service district if the board has a 544 contract with one or more providers of sub-acute detoxification or 545 residential treatment services for opioid and co-occurring drug 546 addiction located in other service districts. The treatment 547 services shall be made available in a manner that ensures that 548 service recipients are able to access the services they need for 549 opioid and co-occurring drug addiction in an integrated manner and 550 without delay when changing or obtaining additional treatment 551 services for such addiction. A treatment service for opioid and 552 co-occurring drug addiction shall not be excluded from the full 553 spectrum of care on the basis that the treatment service 554 previously failed. 555
(C) Categories in the continuum of care for other services 556
130HB483-HC0592/RH HC0592 Page 20 may include the following: 557
(1) Inpatient; 558
(2) Sub-acute detoxification; 559
(3) Residential; 560
(3)(4) Outpatient treatment; 561
(4)(5) Intensive and other supports; 562
(5)(6) Recovery support; 563
(6)(7) Prevention and wellness management. 564
(C)(D) Support functions may include the following: 565
(1) Consultation; 566
(2) Research; 567
(3) Administrative; 568
(4) Referral and information; 569
(5) Training; 570
(6) Service and program evaluation. 571
Sec. 340.092. All of the following apply to the recovery 572 housing that each board of alcohol, drug addiction, and mental 573 health services shall include in the full spectrum of care for all 574 levels of treatment services for opioid and co-occurring drug 575 addiction under division (B) of section 340.09 of the Revised 576 Code: 577
(A) The recovery housing shall not be owned or operated by a 578 residential facility as defined in section 5119.34 of the Revised 579 Code and instead shall be owned and operated by a community 580 addiction services provider or other local nongovernmental 581 organization (including a peer-run recovery organization), as 582
130HB483-HC0592/RH HC0592 Page 21
583 appropriate to the needs of the board's service district.
(B) The recovery housing shall have protocols for all of the 584 following: 585
(1) Administrative oversight; 586
(2) Quality standards; 587
(3) Policies and procedures, including house rules, for its 588 residents to which the residents must agree to adhere. 589
(C) Individuals recovering from opioid or co-occurring drug 590 addiction shall have priority in admission to the recovery 591 housing, but an individual recovering from other drug addictions 592 may be admitted if an available slot is not needed for an 593 individual recovering from opioid or co-occurring drug addiction. 594
(D) Family members of the recovery housing's residents may 595 reside in the recovery housing to the extent the recovery 596 housing's protocols permit. 597
(E) The recovery housing shall not limit a resident's 598 duration of stay to an arbitrary or fixed amount of time. Instead, 599 each resident's duration of stay shall be determined by the 600 resident's needs, progress, and willingness to abide by the 601 recovery housing's protocols, in collaboration with the recovery 602 housing's owner, and, if appropriate, in consultation and 603 integration with a community addiction services provider. 604
(F) The recovery housing's residents may receive 605 medication-assisted treatment while residing in the recovery 606 housing. 607
(G) The recovery housing is not subject to certification by 608 the department of mental health and addiction services under 609 section 5119.36 of the Revised Code. 610
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Sec. 340.093. If the amount of funds that a board of alcohol, 611 drug addiction, and mental health services has for the board's 612 full spectrum of care for all levels of treatment services for 613 opioid and co-occurring drug addiction is greater than the amount 614 needed to provide the treatment services to all eligible 615 individuals with opioid and co-occurring drug addictions who apply 616 to the board for the treatment services, the board may use the 617 excess funds to provide the treatment services to other eligible 618 individuals with alcohol or other types of drug addictions. 619
Sec. 340.15. (A) A public children services agency that 620 identifies a child by a risk assessment conducted pursuant to 621 section 5153.16 of the Revised Code as being at imminent risk of 622 being abused or neglected because of an addiction of a parent, 623 guardian, or custodian of the child to a drug of abuse or alcohol 624 shall refer the child's addicted parent, guardian, or custodian 625 and, if the agency determines that the child needs alcohol or 626 other drug addiction services, the child to a community addiction 627 services provider certified by the department of mental health and 628 addiction services under section 5119.36 of the Revised Code. A 629 public children services agency that is sent a court order issued 630 pursuant to division (B) of section 2151.3514 of the Revised Code 631 shall refer the addicted parent or other caregiver of the child 632 identified in the court order to a community addiction services 633 provider certified by the department of mental health and 634 addiction services under section 5119.36 of the Revised Code. On 635 receipt of a referral under this division and to the extent 636 funding identified under division (A)(1)(2) of section 340.08 of 637 the Revised Code is available, the provider shall provide the 638 following services to the addicted parent, guardian, custodian, or 639 caregiver and child in need of addiction services: 640
130HB483-HC0592/RH HC0592 Page 23
(1) If it is determined pursuant to an initial screening to 641 be needed, assessment and appropriate treatment; 642
(2) Documentation of progress in accordance with a treatment 643 plan developed for the addicted parent, guardian, custodian, 644 caregiver, or child; 645
(3) If the referral is based on a court order issued pursuant 646 to division (B) of section 2151.3514 of the Revised Code and the 647 order requires the specified parent or other caregiver of the 648 child to submit to alcohol or other drug testing during, after, or 649 both during and after, treatment, testing in accordance with the 650 court order. 651
(B) The services described in division (A) of this section 652 shall have a priority as provided in the addiction and mental 653 health services plan and budget established pursuant to sections 654 340.03 and 340.08 of the Revised Code. Once a referral has been 655 received pursuant to this section, the public children services 656 agency and the addiction services provider shall, in accordance 657 with 42 C.F.R. Part 2, share with each other any information 658 concerning the persons and services described in that division 659 that the agency and provider determine are necessary to share. If 660 the referral is based on a court order issued pursuant to division 661 (B) of section 2151.3514 of the Revised Code, the results and 662 recommendations of the addiction services provider also shall be 663 provided and used as described in division (D) of that section. 664 Information obtained or maintained by the agency or provider 665 pursuant to this section that could enable the identification of 666 any person described in division (A) of this section is not a 667 public record subject to inspection or copying under section 668 149.43 of the Revised Code. 669
130HB483-HC0592/RH HC0592 Page 24
Sec. 340.20. (A) In accordance with the rules adopted under 670 section 5119.363 of the Revised Code, each board of alcohol, drug 671 addiction, and mental health services monthly shall do all of the 672 following: 673
(1) Compile on an aggregate basis the information the board 674 receives that month from community addiction services providers 675 under section 5119.362 of the Revised Code; 676
(2) Determine the number of applications for a treatment 677 service included in the full spectrum of care required by division 678 (B) of section 340.09 of the Revised Code that the board received 679 in the immediately preceding month and that the board denied that 680 month, each type of treatment service so denied, and the reasons 681 for the denials; 682
(3) Subject to division (B) of this section, report all of 683 the following to the department of mental health and addiction 684 services: 685
(a) The information that the board compiles under division 686 (A)(1) of this section that month; 687
(b) The information that the board determines under division 688 (A)(2) of this section that month; 689
(c) All other information required by the rules. 690
(B) Each board shall report the information required by 691 division (A)(3) of this section as follows: 692
(1) In an electronic format; 693
(2) In a manner that maintains the confidentiality of all 694 individuals for whom information is included in the report; 695
(3) In a manner that presents the information about the 696
130HB483-HC0592/RH HC0592 Page 25
697 individuals whose information is included in the report by their 698 counties of residence."
Between lines 13269 and 13270, insert: 699
"Sec. 5119.21. (A) The department of mental health and 700 addiction services shall: 701
(1) To the extent the department has available resources and 702 in consultation with boards of alcohol, drug addiction, and mental 703 health services, support a full spectrum of care for all levels of 704 treatment services for opioid and co-occurring drug addiction and 705 a continuum of care for other services in accordance with Chapter 706 340. of the Revised Code on a district or multi-district basis. 707 The department shall define the essential elements of a full 708 spectrum of care for all levels of treatment services for opioid 709 and co-occurring drug addiction and a continuum of care for other 710 services, shall assist in identifying resources, and may 711 prioritize support for one or more of the elements of the 712 continuum of care. The essential elements of a full spectrum of 713 care for all levels of treatment services for opioid and 714 co-occurring drug addiction shall include the services required by 715 division (B) of section 340.09 of the Revised Code. 716
(2) Provide training, consultation, and technical assistance 717 regarding mental health and addiction services and appropriate 718 prevention, recovery, and mental health promotion activities, 719 including those that are culturally competent, to employees of the 720 department, community mental health and addiction services 721 providers, boards of alcohol, drug addiction, and mental health 722 services, and other agencies providing mental health and addiction 723 services; 724
(3) To the extent the department has available resources, 725
130HB483-HC0592/RH HC0592 Page 26
726 promote and support a full range of mental health and addiction 727 services that are available and accessible to all residents of 728 this state, especially for severely mentally disabled children, 729 adolescents, adults, pregnant women, parents, guardians or 730 custodians of children at risk of abuse or neglect, and other 731 special target populations, including racial and ethnic 732 minorities, as determined by the department;
(4) Develop standards and measures for evaluating the 733 effectiveness of mental health and addiction services, including 734 services that use methadone treatment, of gambling addiction 735 services, and for increasing the accountability of mental health 736 and alcohol and addiction services providers and of gambling 737 addiction services providers; 738
(5) Design and set criteria for the determination of priority 739 populations; 740
(6) Promote, direct, conduct, and coordinate scientific 741 research, taking ethnic and racial differences into consideration, 742 concerning the causes and prevention of mental illness and 743 addiction, methods of providing effective services and treatment, 744 and means of enhancing the mental health of and recovery from 745 addiction of all residents of this state; 746
(7) Foster the establishment and availability of vocational 747 rehabilitation services and the creation of employment 748 opportunities for consumers of mental health and addiction 749 services, including members of racial and ethnic minorities; 750
(8) Establish a program to protect and promote the rights of 751 persons receiving mental health and addiction services, including 752 the issuance of guidelines on informed consent and other rights; 753
(9) Promote the involvement of persons who are receiving or 754
130HB483-HC0592/RH HC0592 Page 27
755 have received mental health or addiction services, including 756 families and other persons having a close relationship to a person 757 receiving those services, in the planning, evaluation, delivery, 758 and operation of mental health and addiction services;
(10) Notify and consult with the relevant constituencies that 759 may be affected by rules, standards, and guidelines issued by the 760 department of mental health and addiction services. These 761 constituencies shall include consumers of mental health and 762 addiction services and their families, and may include public and 763 private providers, employee organizations, and others when 764 appropriate. Whenever the department proposes the adoption, 765 amendment, or rescission of rules under Chapter 119. of the 766 Revised Code, the notification and consultation required by this 767 division shall occur prior to the commencement of proceedings 768 under Chapter 119. The department shall adopt rules under Chapter 769 119. of the Revised Code that establish procedures for the 770 notification and consultation required by this division. 771
(11) Provide consultation to the department of rehabilitation 772 and correction concerning the delivery of mental health and 773 addiction services in state correctional institutions. 774
(12) Promote and coordinate efforts in the provision of 775 alcohol and drug addiction services and of gambling addiction 776 services by other state agencies, as defined in section 1.60 of 777 the Revised Code; courts; hospitals; clinics; physicians in 778 private practice; public health authorities; boards of alcohol, 779 drug addiction, and mental health services; alcohol and drug 780 addiction services providers; law enforcement agencies; gambling 781 addiction services providers; and related groups; 782
(13) Provide to each court of record, and biennially update, 783 a list of the treatment and education programs within that court's 784
130HB483-HC0592/RH HC0592 Page 28
785 jurisdiction that the court may require an offender, sentenced 786 pursuant to section 4511.19 of the Revised Code, to attend;
(14) Make the warning sign described in sections 3313.752, 787 3345.41, and 3707.50 of the Revised Code available on the 788 department's internet web site; 789
(15) Provide a program of gambling addiction services on 790 behalf of the state lottery commission, pursuant to an agreement 791 entered into with the director of the commission under division 792 (K) of section 3770.02 of the Revised Code, and provide a program 793 of gambling addiction services on behalf of the Ohio casino 794 control commission, under an agreement entered into with the 795 executive director of the commission under section 3772.062 of the 796 Revised Code. Under Section 6(C)(3) of Article XV, Ohio 797 Constitution, the department may enter into agreements with boards 798 of alcohol, drug addiction, and mental health services, including 799 boards with districts in which a casino facility is not located, 800 and nonprofit organizations to provide gambling addiction services 801 and substance abuse services, and with state institutions of 802 higher education or private nonprofit institutions that possess a 803 certificate of authorization issued under Chapter 1713. of the 804 Revised Code to perform related research. 805
(B) The department may accept and administer grants from 806 public or private sources for carrying out any of the duties 807 enumerated in this section. 808
(C) Pursuant to Chapter 119. of the Revised Code, the 809 department shall adopt a rule defining the term "intervention" as 810 it is used in this chapter in connection with alcohol and drug 811 addiction services and in connection with gambling addiction 812 services. The department may adopt other rules as necessary to 813 implement the requirements of this chapter. 814
130HB483-HC0592/RH HC0592 Page 29
Sec. 5119.22. The director of mental health and addiction 815 services with respect to all mental health and addiction 816 facilities and services established and operated or provided under 817 Chapter 340. of the Revised Code, shall do all of the following: 818
(A) Adopt rules pursuant to Chapter 119. of the Revised Code 819 that may be necessary to carry out the purposes of this chapter 820 and Chapters 340. and 5122. of the Revised Code. 821
(B) Review and evaluate the full spectrum of care for all 822 levels of treatment services for opioid and co-occurring drug 823 addiction and the continuum of care for other services in each 824 service district, taking into account the findings and 825 recommendations of the board of alcohol, drug addiction, and 826 mental health services of the district submitted under division 827 (A)(4) of section 340.03 of the Revised Code and the priorities 828 and plans of the department of mental health and addiction 829 services, including the needs of residents of the district 830 currently receiving services in state-operated hospitals, and make 831 recommendations for needed improvements to boards of alcohol, drug 832 addiction, and mental health services; 833
(C) At the director's discretion, provide to boards of 834 alcohol, drug addiction, and mental health services state or 835 federal funds, in addition to those allocated under section 836 5119.23 of the Revised Code, for special programs or projects the 837 director considers necessary but for which local funds are not 838 available; 839
(D) Establish, in consultation with board of alcohol, drug 840 addiction, and mental health service representatives and after 841 consideration of the recommendations of the medical director, 842 guidelines for the development of community mental health and 843
130HB483-HC0592/RH HC0592 Page 30
844 addiction services plans and the review and approval or 845 disapproval of such plans submitted pursuant to section 340.03 of 846 the Revised Code.
(E) Establish criteria by which a board of alcohol, drug 847 addiction, and mental health services reviews and evaluates the 848 quality, effectiveness, and efficiency of its contracted services. 849 The criteria shall include requirements ensuring appropriate 850 service utilization. The department shall assess a board's 851 evaluation of services and the compliance of each board with this 852 section, Chapter 340. of the Revised Code, and other state or 853 federal law and regulations. The department, in cooperation with 854 the board, periodically shall review and evaluate the quality, 855 effectiveness, and efficiency of services provided through each 856 board. The department shall collect information that is necessary 857 to perform these functions. 858
(F) To the extent the director determines necessary and after 859 consulting with boards of alcohol, drug addiction, and mental 860 health services and community addiction and mental health services 861 providers, develop and operate, or contract for the operation of, 862 a community behavioral health information system or systems. The 863 department shall specify the information that must be provided by 864 boards of alcohol, drug addiction, and mental health services and 865 by community addiction and mental health services providers for 866 inclusion in the system or systems. 867
Boards of alcohol, drug addiction, and mental health services 868 and community addiction and mental health services providers shall 869 submit information requested by the department in the form and 870 manner and in accordance with time frames prescribed by the 871 department. Information collected by the department may include 872 all of the following: 873
130HB483-HC0592/RH HC0592 Page 31
(1) Information on services provided; 874
(2) Financial information regarding expenditures of federal, 875 state, or local funds; 876
(3) Information about persons served. 877
The department shall not collect any personal information 878 from the boards except as required or permitted by state or 879 federal law for purposes related to payment, health care 880 operations, program and service evaluation, reporting activities, 881 research, system administration, and oversight. 882
(G)(1) Review each board's community mental health and 883 addiction services plan, budget, and statement of services to be 884 made available submitted pursuant to sections 340.03 and 340.08 of 885 the Revised Code and approve or disapprove the plan, the budget, 886 and the statement of services in whole or in part. 887
The department may withhold all or part of the funds 888 allocated to a board if it disapproves all or part of a plan, 889 budget, or statement of services, except that the department shall 890 withhold all of the funds allocated to the board if the department 891 disapproves the budget because the budget does not comply with 892 division (A)(1) of section 340.08 of the Revised Code. Prior to a 893 final decision to disapprove a plan, budget, or statement of 894 services, or to withhold funds from a board, a representative of 895 the director of mental health and addiction services shall meet 896 with the board and discuss the reason for the action the 897 department proposes to take and any corrective action that should 898 be taken to make the plan, budget, or statement of services 899 acceptable to the department. In addition, the department shall 900 offer technical assistance to the board to assist it to make the 901 plan, budget, or statement of services acceptable. The department 902 shall give the board a reasonable time in which to revise the 903
130HB483-HC0592/RH HC0592 Page 32 plan, budget, or statement of services. The board thereafter shall 904 submit a revised plan, budget, or statement of services, or a new 905 plan, budget, or statement of services. 906
(2) If a board determines that it is necessary to amend the 907 plan, budget, or statement of services that has been approved 908 under this section, the board shall submit the proposed amendment 909 to the department. The department may approve or disapprove all or 910 part of the amendment. 911
(3) If the director disapproves of all or part of any 912 proposed amendment, the director shall provide the board an 913 opportunity to present its position. The director shall inform the 914 board of the reasons for the disapproval and of the criteria that 915 must be met before the proposed amendment may be approved. The 916 director shall give the board a reasonable time within which to 917 meet the criteria and shall offer technical assistance to the 918 board to help it meet the criteria. 919
(4) The department shall establish procedures for the review 920 of plans, budgets, and statements of services, and a timetable for 921 submission and review of plans, budgets, and statements of 922 services and for corrective action and submission of new or 923 revised plans, budgets, and statements of services. 924
Sec. 5119.23. (A) The department of mental health and 925 addiction services shall establish a methodology for allocating to 926 boards of alcohol, drug addiction, and mental health services the 927 funds appropriated by the general assembly to the department for 928 the purpose of the full spectrum of care for all levels of 929 treatment services for opioid and co-occurring drug addiction and 930 the continuum of care for other services to be provided as local 931 mental health and addiction services continuums of care. The 932 department shall establish the methodology after notifying and 933
130HB483-HC0592/RH HC0592 Page 33 consulting with relevant constituencies as required by division 934 (A)(10) of section 5119.21 of the Revised Code. The methodology 935 may provide for the funds to be allocated to boards on a district 936 or multi-district basis. 937
(B) Subject to section 5119.25 of the Revised Code, and to 938 required submissions and approvals under section 340.08 of the 939 Revised Code, the department shall allocate the funds to the 940 boards in a manner consistent with the methodology, this section, 941 other state and federal laws, rules, and regulations. 942
(C) In consultation with boards, community mental health and 943 addiction services providers, and persons receiving services, the 944 department shall establish guidelines for the use of funds 945 allocated and distributed under this section. 946
Sec. 5119.25. (A) The director of mental health and addiction 947 services, in whole or in part, may withhold funds otherwise to be 948 allocated to a board of alcohol, drug addiction, and mental health 949 services under section 5119.23 of the Revised Code if the board 950 fails to comply with Chapter 340. or section 5119.22, 5119.24, 951 5119.36, or 5119.371 of the Revised Code or rules of the 952 department of mental health and addiction services. However, the 953 director shall withhold all such funds from the board when 954 required to do so under division (A)(4) of section 340.08 of the 955 Revised Code or division (G)(1) of section 5119.22 of the Revised 956 Code. 957
(B) The director of mental health and addiction services may 958 withhold funds otherwise to be allocated to a board of alcohol, 959 drug addiction, and mental health services under section 5119.23 960 of the Revised Code if the board denies available service on the 961 basis of race, color, religion, creed, sex, age, national origin, 962 disability as defined in section 4112.01 of the Revised Code, or 963
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964 developmental disability.
(C) The director shall issue a notice identifying the areas 965 of noncompliance and the action necessary to achieve compliance. 966 The director may offer technical assistance to the board to 967 achieve compliance. The board shall have ten days from receipt of 968 the notice of noncompliance to present its position that it is in 969 compliance or to submit to the director evidence of corrective 970 action the board took to achieve compliance. Before withholding 971 funds, the director or the director's designee shall hold a 972 hearing within ten days of receipt of the board's position or 973 evidence to determine if there are continuing violations and that 974 either assistance is rejected or the board is unable, or has 975 failed, to achieve compliance. Subsequent to the hearing process, 976 if it is determined that compliance has not been achieved, the 977 director may allocate all or part of the withheld funds to a 978 public or private agency one or more community mental health 979 services providers or community addiction services providers to 980 provide the community mental health or community addiction service 981 for which the board is not in compliance until the time that there 982 is compliance. The director may adopt rules in accordance with 983 Chapter 119. of the Revised Code to implement this section. 984
Sec. 5119.362. (A) In accordance with rules adopted under 985 section 5119.363 of the Revised Code, each community addiction 986 services provider shall do all of the following: 987
(1) Maintain, in an aggregate form, a waiting list of 988 individuals to whom all of the following apply: 989
(a) The individual has been documented as having a clinical 990 need for alcohol and drug addiction services due to an opioid or 991 co-occurring drug addiction. 992
130HB483-HC0592/RH HC0592 Page 35
(b) The individual has applied to the provider for a 993 clinically necessary treatment service included in the full 994 spectrum of care required by division (B) of section 340.09 of the 995 Revised Code. 996
(c) The individual has not begun to receive the clinically 997 necessary treatment service within five days of the individual's 998 application for the service because the provider lacks an 999 available slot for the individual. 1000
(2) Notify an individual included on the provider's waiting 1001 list when the provider has a slot available for the individual 1002 and, if the individual does not contact the provider about the 1003 slot within a period of time specified in the rules, contact the 1004 individual to determine why the individual did not contact the 1005 provider and to assess whether the individual still needs the 1006 treatment service; 1007
(3) Subject to divisions (B) and (C) of this section, report 1008 all of the following information each month to the board of 1009 alcohol, drug addiction, and mental health services that serves 1010 the county or counties in which the provider provides alcohol and 1011 drug addiction services: 1012
(a) An unduplicated count of all individuals who reside in a 1013 county that the board serves and were included on the provider's 1014 waiting list as of the last day of the immediately preceding month 1015 and each type of treatment service for which they were waiting; 1016
(b) The total number of days all such individuals had been on 1017 the provider's waiting list as of the last day of the immediately 1018 preceding month; 1019
(c) The last known types of residential settings in which all 1020 such individuals resided as of the last day of the immediately 1021
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1022 preceding month;
(d) The number of all such individuals who did not contact 1023 the provider after receiving, during the immediately preceding 1024 month, the notices under division (A)(2) of this section about the 1025 provider having slots available for the individuals, and the 1026 reasons the contacts were not made; 1027
(e) The number of all such individuals who withdrew, in the 1028 immediately preceding month, their applications for the treatment 1029 services, each type of treatment service for which those 1030 individuals had applied, and the reasons the applications were 1031 withdrawn; 1032
(f) All other information specified in the rules. 1033
(B) If a community addiction services provider provides 1034 alcohol and drug addiction services in more than one county and 1035 those counties are served by different boards of alcohol, drug 1036 addiction, and mental health services, the provider shall provide 1037 separate reports under division (C)(3) of this section to each of 1038 the boards serving the counties in which the provider provides the 1039 services. The report provided to a board shall be specific to the 1040 county or counties the board serves and not include information 1041 for individuals residing in other counties. 1042
(C) Each report that a community addiction services provider 1043 provides to a board of alcohol, drug addiction, and mental health 1044 services under this section shall do all of the following: 1045
(1) Maintain the confidentiality of all individuals for whom 1046 information is included in the report; 1047
(2) For the purpose of the information reported under 1048 division (A)(3)(c) of this section, identify the types of 1049 residential settings at least as either institutional or 1050
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1051 noninstitutional;
(3) If the report is provided to a board that serves more 1052 than one county, present the information included in the report in 1053 a manner that is broken down for each of the counties the board 1054 serves. 1055
Sec. 5119.363. The director of mental health and addiction 1056 services shall adopt rules governing the duties of boards of 1057 alcohol, drug addiction, and mental health services under section 1058 340.20 of the Revised Code and the duties of community addiction 1059 services providers under section 5119.362 of the Revised Code. The 1060 rules shall be adopted in accordance with Chapter 119. of the 1061 Revised Code. 1062
Sec. 5119.364. The department of mental health and addiction 1063 services shall make the reports it receives under section 340.20 1064 of the Revised Code from boards of alcohol, drug addiction, and 1065 mental health services available on the department's internet web 1066 site. The information contained in the reports shall be presented 1067 on the web site on both a statewide basis and county-level basis. 1068 The information on the web site shall be updated monthly after the 1069 boards submit new reports to the department. 1070
Sec. 5119.365. (A) The director of mental health and 1071 addiction services shall adopt rules in accordance with Chapter 1072 119. of the Revised Code to do both of the following: 1073
(1) Streamline the intake procedures used by a community 1074 addiction services provider accepting and beginning to serve a new 1075 patient, including procedures regarding intake forms and 1076 questionnaires; 1077
130HB483-HC0592/RH HC0592 Page 38
(2) Enable a community addiction services provider to retain 1078 a patient as an active patient even though the patient last 1079 received services from the provider more than thirty days before 1080 resumption of services so that the patient and provider do not 1081 have to repeat the intake procedures. 1082
(B) The rules adopted under this section shall do both of the 1083 following: 1084
(1) Model the intake and resumption of service procedures on 1085 such procedures used by primary care physicians; 1086
(2) Facilitate the exchange of information about patients 1087 between community addiction services providers and primary care 1088 physicians." 1089
In line 18358, after "191.01," insert "340.01,"; after 1090 "340.021," insert "340.03, 340.08, 340.09, 340.15," 1091
In line 18370, after "5104.03," insert "5119.21, 5119.22, 1092 5119.23, 5119.25," 1093
In line 21068, delete "Section" and insert "Sections 327.83 1094 and" 1095
In line 21069, delete "is" and insert "are" 1096
Between lines 21109 and 21110, insert: 1097
"Section ____. STEP-DOWN REGIONAL CRISIS STABILIZATION UNITS 1098 AND RECOVERY HOUSING 1099
(A) As used in this section, "recovery housing" means 1100 recovery housing that a board of alcohol, drug addiction, and 1101 mental health services, beginning two years after the effective 1102 date of this section, is to include in the full spectrum of care 1103 for all levels of treatment services for opioid and co-occurring 1104
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1105 drug addiction under division (B) of section 340.09 of the Revised 1106 Code, as that section is amended by this act.
(B)(1) Except as provided in division (C) of this section, of 1107 the appropriation item 335507, Community Behavioral Health, in Am. 1108 Sub. H.B. 59 of the 130th General Assembly, $24,850,000 in fiscal 1109 year 2015 shall be used as follows: 1110
(a) To provide six step-down regional crisis stabilization 1111 units, for a total of up to 90 beds, in accordance with a state 1112 allocation formula the Department of Mental Health and Addiction 1113 Services shall create; 1114
(b) To provide state funds to the boards of alcohol, drug 1115 addiction, and mental health services serving Cuyahoga, Franklin, 1116 Hamilton, Lucas, Mahoning, Montgomery, Stark, and Summit counties 1117 for either of the following: 1118
(i) Subject to divisions (D)(1) and (3) of this section, the 1119 capital or leasing costs associated with making up to four hundred 1120 recovery housing beds available in those counties; 1121
(ii) Additional step-down regional crisis stabilization units 1122 that are funded in accordance with the state allocation formula 1123 created under division (B)(1)(a) of this section. 1124
(c) Subject to divisions (D)(2) and (3) of this section, to 1125 provide state funds to the other boards of alcohol, drug 1126 addiction, and mental health services for the capital or leasing 1127 costs associated with making up to four hundred eighty recovery 1128 housing beds available in those counties; 1129
(d) Subject to division (E) of this section, to provide state 1130 funds to boards for the first two years of operating expenses of 1131 recovery housing; 1132
(e) Subject to division (F) of this section, to contract for 1133
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1134 a network of recovery housing.
(2) In providing state funds to boards under this section, 1135 the Department shall prioritize funding for counties that have no 1136 recovery housing on the effective date of this section. 1137
(C) On July 1, 2014, or as soon as possible thereafter, the 1138 Department of Medicaid shall calculate the variance between the 1139 actual and projected enrollment of newly eligible individuals 1140 under the Medicaid expansion in fiscal year 2014. The projected 1141 enrollment shall be the number specified in the "Fiscal Impact of 1142 the Affordable Care Act on Medicaid Enrollment and Program Cost" 1143 report produced by Mercer Health and Benefits LLC for the State of 1144 Ohio's Office of Medical Assistance on February 13, 2013. If the 1145 actual enrollment is more than ten per cent less than the 1146 projected enrollment, the Director of Mental Health and Addiction 1147 Services may allocate up to $24,850,000 of the appropriation item 1148 335507, Community Behavioral Health, in Am. Sub. H.B. 59 of the 1149 130th General Assembly to boards of alcohol, drug addiction, and 1150 mental health services to continue programs the boards started in 1151 fiscal year 2014. Any of that amount not so allocated shall be 1152 used in accordance with division (B) of this section. 1153
(D)(1) Funding for the capital or leasing costs of recovery 1154 housing in Cuyahoga, Franklin, Hamilton, Lucas, Mahoning, 1155 Montgomery, Stark, and Summit counties is subject to the 1156 following: 1157
(a) If recovery housing exists in the county on the effective 1158 date of this section, the Department shall pay fifty per cent and 1159 the board serving the county shall pay the other fifty per cent of 1160 the capital or leasing costs of additional recovery housing in the 1161 county. 1162
(b) If no recovery housing exists in the county on the 1163
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1164 effective date of this section, the Department shall pay ninety 1165 per cent and the board serving the county shall pay the remaining 1166 ten per cent of the capital or leasing costs of recovery housing 1167 in the county, except that if the board cannot afford to pay ten 1168 per cent, the Department shall pay one hundred per cent of the 1169 capital or leasing costs.
(2) In the case of all other counties, the Department shall 1170 pay ninety per cent and the board serving the county shall pay the 1171 remaining ten per cent of the capital or leasing costs of recovery 1172 housing in the county, except that if the board cannot afford to 1173 pay ten per cent, the Department shall pay one hundred per cent of 1174 the capital or leasing costs. 1175
(3) Each board that receives state funds under division 1176 (B)(1)(b) or (c) of this section and uses the funds for the 1177 capital costs of recovery housing shall, to the greatest extent 1178 possible, give priority to developing new or additional recovery 1179 housing through a grant process under which one or more nonprofit 1180 entities use the grants for the capital costs of developing new or 1181 additional recovery housing in the county or counties that the 1182 board serves. A nonprofit entity that receives such a grant shall 1183 do both of the following to the greatest extent possible: 1184
(a) Develop the new or additional recovery housing by 1185 rehabilitating existing buildings, using materials from existing 1186 buildings that no longer need the materials, or both; 1187
(b) In developing the new or additional recovery housing, use 1188 one or more of the following: 1189
(i) Volunteers; 1190
(ii) Apprentices working under a bona fide apprenticeship 1191 program that is registered with the Ohio Apprenticeship Council 1192
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1193 created in section 4139.02 of the Revised Code or with the United 1194 States Department of Labor;
(iii) Individuals who have successfully completed training in 1195 the construction field that is offered by a career-technical 1196 center, joint vocational school district, comprehensive 1197 career-technical center, or compact career-technical center 1198 offering adult training; 1199
(iv) Employees hired through a hiring hall contract or 1200 agreement. 1201
(E) The Department shall pay ninety per cent of the operating 1202 expenses of recovery housing for the first two years that the 1203 recovery housing is operated in a county if the Department pays 1204 one hundred per cent of the capital or leasing costs for the 1205 recovery housing. 1206
(F)(1) Through a competive bidding process, the Department 1207 shall enter into a three-year contract with a nongovernmental 1208 organization under which the organization shall organize a network 1209 of recovery housing in the state that has all of the following 1210 features: 1211
(a) An internet-based database of recovery housing available 1212 in the state; 1213
(b) A resource hub for recovery housing providers that 1214 assists the providers' development and operation efforts and 1215 enables providers to connect with other recovery housing providers 1216 in this and other states for the purpose of shared learning; 1217
(c) Quality standards for recovery housing and a peer-review 1218 process that uses the standards to endorse individual recovery 1219 housing sites; 1220
(d) A system that monitors data that can be used to determine 1221
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1222 outcomes for recovery housing.
(2) The Department shall not spend a total of more than 1223 $500,000 on the contract entered into under division (F)(1) of 1224 this section. 1225
Section ____. SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK 1226 GRANT 1227
Of the appropriation item 335507, Community Behavioral 1228 Health, in Am. Sub. H.B. 59 of the 130th General Assembly, 1229 $5,078,200 in fiscal year 2015 shall be used to maintain the level 1230 of funding for the Substance Abuse Prevention and Treatment Block 1231 Grant. 1232
Section ____. PREVENTION-BASED RESOURCES 1233
Of the appropriation item 335507, Community Behavioral 1234 Health, in Am. Sub. H.B. 59 of the 130th General Assembly, 1235 $5,000,000 in fiscal year 2015 shall be used to expand 1236 prevention-based resources statewide. 1237
Section ____. RESIDENTIAL STATE SUPPLEMENT PROGRAM 1238
Of the appropriation item 335507, Community Behavioral 1239 Health, in Am. Sub. H.B. 59 of the 130th General Assembly, $3.75 1240 million in fiscal year 2015 shall be used to expand the 1241 Residential State Supplement Program. 1242
Section ____. SPECIALTY DOCKET STAFF PAYROLL COSTS 1243
(A) On July 1, 2014, or as soon as possible thereafter, the 1244 Director of Budget and Management shall transfer $8,821,800 in 1245 General Revenue Fund appropriations in fiscal year 2015 from 1246 appropriation item 335507, Community Behavioral Health, used by 1247
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1248 the Department of Mental Health and Addiction Services, to 1249 appropriation item 501502, Specialty Docket Staff Payroll Costs, 1250 used by the Department of Rehabilitation and Correction.
(B) The foregoing appropriation item 501502, Specialty Docket 1251 Staff Payroll Costs, shall be used by the Department of 1252 Rehabilitation and Correction to defray a portion of the annual 1253 payroll costs associated with the employment of up to two separate 1254 and distinct full-time, or full-time equivalent, specialized 1255 docket staff members by a court of common pleas, a municipal 1256 court, or a county court, including a juvenile or family court 1257 that currently has, or anticipates having, a family dependency 1258 treatment court that meets all of the eligibility requirements 1259 described in division (C) of this section. Specialized docket 1260 staff members employed under this section shall be considered 1261 employees of the court. 1262
(C) To be eligible: 1263
(1) The court must have received Supreme Court of Ohio 1264 certification for a specialized docket that targets participants 1265 with a drug addiction or dependency; and 1266
(2) Specialized docket staff members must have received 1267 training for or education in alcohol and other drug addiction, 1268 abuse, and recovery and have demonstrated, prior to or within 1269 ninety days of hire, competencies in fundamental alcohol and other 1270 drug addiction, abuse, and recovery. Fundamental competencies 1271 shall include, at a minimum, an understanding of alcohol and other 1272 drug treatment and recovery, how to engage a person in treatment 1273 and recovery and an understanding of other health care systems, 1274 social service systems, and the criminal justice system. 1275
(D) For the purposes of this section, payroll costs include 1276 annual compensation and fringe benefits. 1277
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(E) The Department of Rehabilitation and Correction, solely 1278 for the purpose of determining the amount of the state share 1279 available to a court under division (G) of this section for the 1280 employment of up to two separate and distinct full-time, full-time 1281 equivalent, or any combination thereof, specialized docket staff 1282 members, shall use the lesser of: 1283
(1) The actual annual compensation and fringe benefits paid 1284 to those staff members proportionally reflecting their time 1285 allocated for specialized docket duties and responsibilities; or 1286
(2) $78,000. 1287
(F) In accordance with any applicable rules, guidelines, or 1288 procedures adopted by the Department of Rehabilitation and 1289 Correction pursuant to this section, the county auditor shall 1290 certify, for any court located within that county that is applying 1291 for or receiving funding under this section, to the Department of 1292 Rehabilitation and Correction the information necessary to 1293 determine that court's eligibility for, and the amount of, funding 1294 under this section. 1295
(G) For a specialized docket staff member employed by a court 1296 in this section, the amount of state funding available under this 1297 section shall be sixty-five per cent of the payroll costs 1298 specified in division (E) of this section. This state funding 1299 shall not exceed $50,700. 1300
(H) The Department of Rehabilitation and Correction shall 1301 disburse this state funding in quarterly installments to the 1302 appropriate county or municipality in which the court is located. 1303
(I) Of the foregoing appropriation item 501502, Specialty 1304 Docket Staff Payroll Costs, the Department of Rehabilitation and 1305 Correction shall use up to one per cent of the appropriation in 1306
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1307 fiscal year 2015 to pay the costs it incurs in administering the 1308 duties and responsibilities established in this section.
(J) The Department of Rehabilitation and Correction may adopt 1309 rules, guidelines, and procedures as necessary to carry out the 1310 purposes of this section. 1311
Section ____. RETURNING OFFENDERS 1312
(A) As used in this section: 1313
"Returning offender" means an individual who is released from 1314 confinement in a state correctional facility to live in the 1315 community on or after the effective date of this section. 1316
"State correctional facility" has the same meaning as in 1317 section 2967.01 of the Revised Code. 1318
(B) Subject to division (C) of this section, the boards of 1319 alcohol, drug addiction, and mental health services serving 1320 Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties 1321 shall prioritize the use of funds made available to the boards by 1322 the Department of Mental Health and Addiction Services under Am. 1323 Sub. H.B. 59 of the 130th General Assembly to temporarily assist 1324 returning offenders who have severe mental illnesses, severe 1325 substance use disorders, or both, and reside in the alcohol, drug 1326 addiction, and mental health service districts the boards serve, 1327 obtain Medicaid-covered community mental health services, 1328 Medicaid-covered community drug addiction services, or both. A 1329 board shall provide the temporary assistance to such a returning 1330 offender regardless of whether the returning offender resided in 1331 the district the board serves before being confined in a state 1332 correctional facility. Such a returning offender's priority for 1333 the temporary assistance shall end on the earlier of the 1334 following: 1335
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(1) The date that the offender is enrolled in the Medicaid 1336 program or, if applicable, the date that the suspension of the 1337 offender's Medicaid eligibility ends pursuant to section 5163.45 1338 of the Revised Code; 1339
(2) Sixty days after the offender is released from 1340 confinement in a state correctional facility. 1341
(C) The assistance provided to returning offenders under this 1342 section shall not receive priority over community addiction 1343 services that are prioritized under section 340.15 of the Revised 1344 Code or the program for pregnant women with drug addictions 1345 developed under section 5119.17 of the Revised Code." 1346
After line 21182, insert: 1347
"Section ____. (A) The following take effect two years after 1348 the effective date of this act: 1349
(1) The amendments by this act to sections 340.01, 340.03, 1350 340.08, 340.09, 340.15, 5119.21, 5119.22, and 5119.23 of the 1351 Revised Code; 1352
(2) The enactment by this act of sections 340.092, 340.093, 1353 340.20, 5119.362, 5119.363, and 5119.364 of the Revised Code. 1354
(B) The amendments by this act to division (A) of section 1355 5119.25 of the Revised Code take effect two years after the 1356 effective date of this section. The amendments by this act to 1357 division (C) of that section take effect at the earliest time 1358 permitted by law." 1359
In line 4 of the title, after "191.01," insert "340.01," 1360
In line 5 of the title, after "340.021," insert "340.03, 1361 340.08, 340.09, 340.15," 1362
In line 21 of the title, after "5104.03," insert "5119.21, 1363
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1364 5119.22, 5119.23, 5119.25,"
In line 30 of the title, after "164.261," insert "340.092, 1365 340.093, 340.20," 1366
In line 32 of the title, after "4909.157," insert "5119.362, 1367 5119.363, 5119.364, 5119.365," 1368
In line 41 of the title, delete "Section" and insert 1369 "Sections 327.83 and" 1370
The motion was ______agreed to.
SYNOPSIS
Opioid addiction treatment duties 1371
R.C. 340.01, 340.03, 340.08, 340.09, 340.092, 340.093, 1372 340.15, 340.20, 5119.21, 5119.22, 5119.23, 5119.25, 5119.362, 1373 5119.363, and 5119.364; Section _____ 1374
Requires, beginning two years after the bill's effective 1375 date, that each board of alcohol, drug addiction, and mental 1376 health services (ADAMHS board) establish, to the extent resources 1377 are available, a full spectrum of care for all levels of treatment 1378 services for opioid and co-occurring drug addiction. 1379
Requires the Ohio Department of Mental Health and Addiction 1380 Services (ODMHAS) to assist an ADAMHS board with the full spectrum 1381 of care for ODMHAS-approved treatment services for opioid and 1382 co-occurring drug addiction and, to the extent it has available 1383 resources, support the full spectrum of care on a single ADAMHS 1384 district or a multi-district basis. 1385
Requires that the full spectrum of care include at least 1386
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1387 ambulatory and subacute detoxification, nonintensive and intensive 1388 outpatient services, medication-assisted treatment, peer 1389 mentoring, residential treatment services, recovery housing, and 1390 12-step approaches.
Requires ODMHAS to withhold all of an ADAMHS board's 1391 allocated funds if the board fails to make the full spectrum of 1392 care available in its service district. 1393
Permits an ADAMHS board to provide treatment services 1394 included in the full spectrum of care to eligible individuals with 1395 alcohol or other types of drug addictions if the amount of funds 1396 the board has for the full spectrum of care is greater than the 1397 amount needed to provide the treatment services to all eligible 1398 individuals with opioid and co-occurring drug addictions who apply 1399 to the board for the treatment services. 1400
Establishes certain requirements and options for the recovery 1401 housing that each ADAMHS board is to include in the full spectrum 1402 of care. 1403
Requires each community addiction services provider, 1404 beginning two years after the bill's effective date, to maintain 1405 (in an aggregate form) a waiting list of applicants who have been 1406 documented as having a clinical need for alcohol and drug 1407 addiction services due to an opioid or co-occurring drug addiction 1408 but have not begun to receive the services within five days of 1409 application for the services because the provider lacks available 1410 slots. 1411
Requires each provider to report certain information monthly 1412 about the waiting lists to each ADAMHS board that serves the 1413 county or counties in which the provider provides alcohol and drug 1414 addiction services. 1415
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Requires each ADAMHS board to compile monthly (on an 1416 aggregate basis) the information the board receives from the 1417 providers and to determine specified information about denied 1418 applications for certain treatment services. 1419
Requires each ADAMHS board to report monthly to ODMHAS (1) 1420 the information the board compiles from the reports it receives 1421 from the providers, (2) the information about denied applications, 1422 and (3) all other information the ODMHAS Director requires in 1423 rules. 1424
Requires ODMHAS to make the reports it receives from ADAMHS 1425 boards available on ODMHAS's web site and in a manner that 1426 presents the information on both a statewide and county-level 1427 basis. 1428
ADAMHS boards' continuum of care 1429
R.C. 340.09; Section _____ 1430
Permits, beginning two years after the bill's effective date, 1431 the continuum of care that ADAMHS boards establish for other 1432 services to include subacute detoxification. 1433
ADAMHS boards submitting evidence of correction action 1434
R.C. 5119.25; Section _____ 1435
Gives an ADAMHS board, when it receives a notice from ODMHAS 1436 that the board is out of compliance with statutory requirements, 1437 the option to submit to ODMHAS evidence of corrective action the 1438 board took to achieve compliance. 1439
Intake and resumption of services procedures 1440
R.C. 5119.365 1441
Requires the ODMHAS Director to adopt rules to (1) streamline 1442 the intake procedures used by community addiction services 1443
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1444 providers when accepting and beginning to serve new patients and 1445 (2) enable providers to retain patients as active patients even 1446 though the patients last received services more than 30 days 1447 before resumption of services.
Use of community behavioral health funds 1448
Sections _____, _____, _____, _____, and _____ 1449
Revises the use of ODMHAS's $47.5 million community 1450 behavioral health appropriation for fiscal year 2015 as follows: 1451
(1) Repeals current law that requires $30 million to be 1452 allocated to ADAMHS boards for community mental health services 1453 and $17.5 million to be allocated to ADAMHS boards for community 1454 addiction services, including medication, treatment programs, and 1455 counseling. 1456
(2) Provides for $24,850,000 to be used (1) for various 1457 activities regarding step-down regional crisis stabilization units 1458 and recovery housing or (2) if the actual enrollment of newly 1459 eligible individuals under the Medicaid expansion in fiscal year 1460 2014 is more than 10% less than the projected enrollment, to 1461 permit ADAMHS boards to continue programs the boards started in 1462 fiscal year 2014. 1463
(3) Requires that $5,078,200 be used to maintain the level of 1464 funding for the Substance Abuse Prevention and Treatment Block 1465 Grant. 1466
(4) Requires that $5 million be used to expand 1467 prevention-based resources statewide. 1468
(5) Requires that $3.75 million be used to expand the 1469 Residential State Supplement Program. 1470
(6) Requires that $8,821,800 be transferred to the Ohio 1471
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1472 Department of Rehabilitation and Correction (ODRC) to be used to 1473 help defray a portion of eligible courts' payroll costs for up to 1474 two specialized docket staff members.
Returning offenders 1475
Section ____ 1476
Requires the ADAMHS boards serving Cuyahoga, Franklin, 1477 Hamilton, Montgomery, and Summit counties to prioritize the use of 1478 funds made available to the boards by ODMHAS under Am. Sub. H.B. 1479 59 of the 130th General Assembly to temporarily assist offenders 1480 who have severe mental illnesses, severe substance use disorders, 1481 or both, obtain Medicaid-covered community mental health services, 1482 Medicaid-covered community drug addiction services, or both, after 1483 the offenders have been released from state correctional 1484 facilities to live in the community. 1485
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