| Section 1. That sections 121.35, 121.37, 123.01, 124.11, | 22 |
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125.602, 125.603, 127.16, 191.02, 2151.83, 3303.41, 3304.11, | 23 |
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3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18, | 24 |
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3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23, | 25 |
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3304.231, 3304.24, 3304.25, 3304.27, 3304.28, 3304.41, 3501.01, | 26 |
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3798.01, 4112.31, 4121.69, 4123.57, 4503.44, 4511.191, 5107.64, | 27 |
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5111.709, 5120.07, 5123.022, and 5126.051 be amended and sections | 28 |
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3304.14 (3304.15), 3304.15 (3304.16), and 3304.16 (3304.14) of the | 29 |
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Revised Code be amended for the purpose of adopting new section | 30 |
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numbers as indicated in parentheses to read as follows: | 31 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 53 |
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and children first cabinet council. The council shall be composed | 54 |
of the superintendent of public instruction, the administrator | 55 |
executive director of the rehabilitation services commission | 56 |
| opportunities for Ohioans with disabilities agency, and the | 57 |
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directors of youth services, job and family services, mental | 58 |
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health, health, alcohol and drug addiction services, developmental | 59 |
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disabilities, aging, rehabilitation and correction, and budget and | 60 |
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management. The chairperson of the council shall be the governor | 61 |
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or the governor's designee and shall establish procedures for the | 62 |
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council's internal control and management. | 63 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 116 |
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coordinated, multi-disciplinary, interagency system for infants | 117 |
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and toddlers with developmental disabilities or delays and their | 118 |
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families, as established pursuant to federal grants received and | 119 |
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administered by the department of health for early intervention | 120 |
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services under the "Individuals with Disabilities Education Act of | 121 |
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2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended. | 122 |
| (b) The director of the board of alcohol, drug addiction, and | 155 |
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mental health services that serves the county, or, in the case of | 156 |
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a county that has a board of alcohol and drug addiction services | 157 |
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and a community mental health board, the directors of both boards. | 158 |
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If a board of alcohol, drug addiction, and mental health services | 159 |
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covers more than one county, the director may designate a person | 160 |
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to participate on the county's council. | 161 |
| The county's juvenile court judge senior in service or | 209 |
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another judge of the juvenile court designated by the | 210 |
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administrative judge or, where there is no administrative judge, | 211 |
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by the judge senior in service shall serve as the judicial advisor | 212 |
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to the county family and children first council. The judge may | 213 |
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advise the county council on the court's utilization of resources, | 214 |
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services, or programs provided by the entities represented by the | 215 |
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members of the county council and how those resources, services, | 216 |
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or programs assist the court in its administration of justice. | 217 |
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Service of a judge as a judicial advisor pursuant to this section | 218 |
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is a judicial function. | 219 |
| (b) On application of a county council, the cabinet council | 269 |
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may grant an exemption from any rules or interagency agreements of | 270 |
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a state department participating on the council if an exemption is | 271 |
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necessary for the council to implement an alternative program or | 272 |
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approach for service delivery to families and children. The | 273 |
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application shall describe the proposed program or approach and | 274 |
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specify the rules or interagency agreements from which an | 275 |
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exemption is necessary. The cabinet council shall approve or | 276 |
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disapprove the application in accordance with standards and | 277 |
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procedures it shall adopt. If an application is approved, the | 278 |
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exemption is effective only while the program or approach is being | 279 |
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implemented, including a reasonable period during which the | 280 |
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program or approach is being evaluated for effectiveness. | 281 |
| (5)(a) Each county council shall designate an administrative | 282 |
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agent for the council from among the following public entities: | 283 |
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the board of alcohol, drug addiction, and mental health services, | 284 |
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including a board of alcohol and drug addiction or a community | 285 |
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mental health board if the county is served by separate boards; | 286 |
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the board of county commissioners; any board of health of the | 287 |
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county's city and general health districts; the county department | 288 |
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of job and family services; the county agency responsible for the | 289 |
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administration of children services pursuant to section 5153.15 of | 290 |
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the Revised Code; the county board of developmental disabilities; | 291 |
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any of the county's boards of education or governing boards of | 292 |
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educational service centers; or the county's juvenile court. Any | 293 |
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of the foregoing public entities, other than the board of county | 294 |
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commissioners, may decline to serve as the council's | 295 |
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administrative agent. | 296 |
| A county council's administrative agent shall serve as the | 297 |
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council's appointing authority for any employees of the council. | 298 |
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The council shall file an annual budget with its administrative | 299 |
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agent, with copies filed with the county auditor and with the | 300 |
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board of county commissioners, unless the board is serving as the | 301 |
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council's administrative agent. The council's administrative agent | 302 |
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shall ensure that all expenditures are handled in accordance with | 303 |
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policies, procedures, and activities prescribed by state | 304 |
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departments in rules or interagency agreements that are applicable | 305 |
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to the council's functions. | 306 |
| The administrative agent of a county council shall send | 307 |
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notice of a member's absence if a member listed in division (B)(1) | 308 |
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of this section has been absent from either three consecutive | 309 |
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meetings of the county council or a county council subcommittee, | 310 |
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or from one-quarter of such meetings in a calendar year, whichever | 311 |
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is less. The notice shall be sent to the board of county | 312 |
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commissioners that establishes the county council and, for the | 313 |
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members listed in divisions (B)(1)(b), (c), (e), and (l) of this | 314 |
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section, to the governing board overseeing the respective entity; | 315 |
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for the member listed in division (B)(1)(f) of this section, to | 316 |
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the county board of developmental disabilities that employs the | 317 |
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superintendent; for a member listed in division (B)(1)(g) or (h) | 318 |
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of this section, to the school board that employs the | 319 |
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superintendent; for the member listed in division (B)(1)(i) of | 320 |
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this section, to the mayor of the municipal corporation; for the | 321 |
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member listed in division (B)(1)(k) of this section, to the | 322 |
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director of youth services; and for the member listed in division | 323 |
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(B)(1)(n) of this section, to that member's board of trustees. | 324 |
| (i) Enter into agreements or administer contracts with public | 327 |
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or private entities to fulfill specific council business. Such | 328 |
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agreements and contracts are exempt from the competitive bidding | 329 |
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requirements of section 307.86 of the Revised Code if they have | 330 |
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been approved by the county council and they are for the purchase | 331 |
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of family and child welfare or child protection services or other | 332 |
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social or job and family services for families and children. The | 333 |
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approval of the county council is not required to exempt | 334 |
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agreements or contracts entered into under section 5139.34, | 335 |
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5139.41, or 5139.43 of the Revised Code from the competitive | 336 |
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bidding requirements of section 307.86 of the Revised Code. | 337 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 341 |
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lands, or other property for the purposes for which the council is | 342 |
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established. The agent shall hold, apply, and dispose of the | 343 |
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moneys, lands, or other property according to the terms of the | 344 |
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gift, grant, devise, or bequest. Any interest or earnings shall be | 345 |
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treated in the same manner and are subject to the same terms as | 346 |
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the gift, grant, devise, or bequest from which it accrues. | 347 |
| (b)(i) If the county council designates the board of county | 348 |
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commissioners as its administrative agent, the board may, by | 349 |
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resolution, delegate any of its powers and duties as | 350 |
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administrative agent to an executive committee the board | 351 |
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establishes from the membership of the county council. The board | 352 |
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shall name to the executive committee at least the individuals | 353 |
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described in divisions (B)(1)(b) to (h) of this section and may | 354 |
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appoint the president of the board or another individual as the | 355 |
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chair of the executive committee. The executive committee must | 356 |
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include at least one family county council representative who does | 357 |
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not have a family member employed by an agency represented on the | 358 |
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council. | 359 |
| (6) Two or more county councils may enter into an agreement | 371 |
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to administer their county councils jointly by creating a regional | 372 |
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family and children first council. A regional council possesses | 373 |
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the same duties and authority possessed by a county council, | 374 |
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except that the duties and authority apply regionally rather than | 375 |
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to individual counties. Prior to entering into an agreement to | 376 |
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create a regional council, the members of each county council to | 377 |
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be part of the regional council shall meet to determine whether | 378 |
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all or part of the members of each county council will serve as | 379 |
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members of the regional council. | 380 |
| (7) A board of county commissioners may approve a resolution | 381 |
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by a majority vote of the board's members that requires the county | 382 |
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council to submit a statement to the board each time the council | 383 |
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proposes to enter into an agreement, adopt a plan, or make a | 384 |
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decision, other than a decision pursuant to section 121.38 of the | 385 |
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Revised Code, that requires the expenditure of funds for two or | 386 |
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more families. The statement shall describe the proposed | 387 |
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agreement, plan, or decision. | 388 |
| (C) Each county shall develop a county service coordination | 397 |
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mechanism. The county service coordination mechanism shall serve | 398 |
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as the guiding document for coordination of services in the | 399 |
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county. For children who also receive services under the help me | 400 |
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grow program, the service coordination mechanism shall be | 401 |
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consistent with rules adopted by the department of health under | 402 |
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section 3701.61 of the Revised Code. All family service | 403 |
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coordination plans shall be developed in accordance with the | 404 |
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county service coordination mechanism. The mechanism shall be | 405 |
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developed and approved with the participation of the county | 406 |
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entities representing child welfare; mental retardation and | 407 |
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developmental disabilities; alcohol, drug addiction, and mental | 408 |
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health services; health; juvenile judges; education; the county | 409 |
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family and children first council; and the county early | 410 |
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intervention collaborative established pursuant to the federal | 411 |
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early intervention program operated under the "Individuals with | 412 |
|
Disabilities Education Act of 2004." The county shall establish an | 413 |
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implementation schedule for the mechanism. The cabinet council may | 414 |
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monitor the implementation and administration of each county's | 415 |
|
service coordination mechanism. | 416 |
| (4) A procedure for ensuring that a family service | 430 |
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coordination plan meeting is conducted for each child who receives | 431 |
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service coordination under the mechanism and for whom an emergency | 432 |
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out-of-home placement has been made or for whom a nonemergency | 433 |
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out-of-home placement is being considered. The meeting shall be | 434 |
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conducted within ten days of an emergency out-of-home placement. | 435 |
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The meeting shall be conducted before a nonemergency out-of-home | 436 |
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placement. The family service coordination plan shall outline how | 437 |
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the county council members will jointly pay for services, where | 438 |
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applicable, and provide services in the least restrictive | 439 |
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environment. | 440 |
| (9) A local dispute resolution process to serve as the | 459 |
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process that must be used first to resolve disputes among the | 460 |
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agencies represented on the county council concerning the | 461 |
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provision of services to children, including children who are | 462 |
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abused, neglected, dependent, unruly, alleged unruly, or | 463 |
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delinquent children and under the jurisdiction of the juvenile | 464 |
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court and children whose parents or custodians are voluntarily | 465 |
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seeking services. The local dispute resolution process shall | 466 |
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comply with sections 121.38, 121.381, and 121.382 of the Revised | 467 |
|
Code. The local dispute resolution process shall be used to | 468 |
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resolve disputes between a child's parents or custodians and the | 469 |
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county council regarding service coordination. The county council | 470 |
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shall inform the parents or custodians of their right to use the | 471 |
|
dispute resolution process. Parents or custodians shall use | 472 |
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existing local agency grievance procedures to address disputes not | 473 |
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involving service coordination. The dispute resolution process is | 474 |
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in addition to and does not replace other rights or procedures | 475 |
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that parents or custodians may have under other sections of the | 476 |
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Revised Code. | 477 |
| (5) To lease or grant easements or licenses for unproductive | 574 |
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and unused lands or other property under the control of a state | 575 |
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agency. Such leases, easements, or licenses may be granted to any | 576 |
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person or entity, shall be for a period not to exceed fifteen | 577 |
|
years, and shall be executed for the state by the director of | 578 |
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administrative services, provided that the director shall grant | 579 |
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leases, easements, or licenses of university land for periods not | 580 |
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to exceed twenty-five years for purposes approved by the | 581 |
|
respective university's board of trustees wherein the uses are | 582 |
|
compatible with the uses and needs of the university and may grant | 583 |
|
leases of university land for periods not to exceed forty years | 584 |
|
for purposes approved by the respective university's board of | 585 |
|
trustees pursuant to section 123.17 of the Revised Code. | 586 |
| (10) To lease for a period not to exceed forty years, | 596 |
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pursuant to a contract providing for the construction thereof | 597 |
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under a lease-purchase plan, buildings, structures, and other | 598 |
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improvements for any public purpose, and, in conjunction | 599 |
|
therewith, to grant leases, easements, or licenses for lands under | 600 |
|
the control of a state agency for a period not to exceed forty | 601 |
|
years. The lease-purchase plan shall provide that at the end of | 602 |
|
the lease period, the buildings, structures, and related | 603 |
|
improvements, together with the land on which they are situated, | 604 |
|
shall become the property of the state without cost. | 605 |
| (a) Whenever any building, structure, or other improvement is | 606 |
|
to be so leased by a state agency, the department shall retain | 607 |
|
either basic plans, specifications, bills of materials, and | 608 |
|
estimates of cost with sufficient detail to afford bidders all | 609 |
|
needed information or, alternatively, all of the following plans, | 610 |
|
details, bills of materials, and specifications: | 611 |
| (b) The department shall give public notice, in such | 624 |
|
newspaper, in such form, and with such phraseology as the director | 625 |
|
of administrative services prescribes, published once each week | 626 |
|
for four consecutive weeks, of the time when and place where bids | 627 |
|
will be received for entering into an agreement to lease to a | 628 |
|
state agency a building, structure, or other improvement. The last | 629 |
|
publication shall be at least eight days preceding the day for | 630 |
|
opening the bids. The bids shall contain the terms upon which the | 631 |
|
builder would propose to lease the building, structure, or other | 632 |
|
improvement to the state agency. The form of the bid approved by | 633 |
|
the department shall be used, and a bid is invalid and shall not | 634 |
|
be considered unless that form is used without change, alteration, | 635 |
|
or addition. Before submitting bids pursuant to this section, any | 636 |
|
builder shall comply with Chapter 153. of the Revised Code. | 637 |
| (c) On the day and at the place named for receiving bids for | 638 |
|
entering into lease agreements with a state agency, the director | 639 |
|
of administrative services shall open the bids and shall publicly | 640 |
|
proceed immediately to tabulate the bids upon duplicate sheets. No | 641 |
|
lease agreement shall be entered into until the bureau of workers' | 642 |
|
compensation has certified that the person to be awarded the lease | 643 |
|
agreement has complied with Chapter 4123. of the Revised Code, | 644 |
|
until, if the builder submitting the lowest and best bid is a | 645 |
|
foreign corporation, the secretary of state has certified that the | 646 |
|
corporation is authorized to do business in this state, until, if | 647 |
|
the builder submitting the lowest and best bid is a person | 648 |
|
nonresident of this state, the person has filed with the secretary | 649 |
|
of state a power of attorney designating the secretary of state as | 650 |
|
its agent for the purpose of accepting service of summons in any | 651 |
|
action brought under Chapter 4123. of the Revised Code, and until | 652 |
|
the agreement is submitted to the attorney general and the | 653 |
|
attorney general's approval is certified thereon. Within thirty | 654 |
|
days after the day on which the bids are received, the department | 655 |
|
shall investigate the bids received and shall determine that the | 656 |
|
bureau and the secretary of state have made the certifications | 657 |
|
required by this section of the builder who has submitted the | 658 |
|
lowest and best bid. Within ten days of the completion of the | 659 |
|
investigation of the bids, the department shall award the lease | 660 |
|
agreement to the builder who has submitted the lowest and best bid | 661 |
|
and who has been certified by the bureau and secretary of state as | 662 |
|
required by this section. If bidding for the lease agreement has | 663 |
|
been conducted upon the basis of basic plans, specifications, | 664 |
|
bills of materials, and estimates of costs, upon the award to the | 665 |
|
builder the department, or the builder with the approval of the | 666 |
|
department, shall appoint an architect or engineer licensed in | 667 |
|
this state to prepare such further detailed plans, specifications, | 668 |
|
and bills of materials as are required to construct the building, | 669 |
|
structure, or improvement. The department shall adopt such rules | 670 |
|
as are necessary to give effect to this section. The department | 671 |
|
may reject any bid. Where there is reason to believe there is | 672 |
|
collusion or combination among bidders, the bids of those | 673 |
|
concerned therein shall be rejected. | 674 |
| Such a lease shall be for the purpose of development of the | 688 |
|
land for use by senior citizens by constructing, altering, | 689 |
|
renovating, repairing, expanding, and improving the site as it | 690 |
|
existed on June 25, 1982. A developer desiring to lease the land | 691 |
|
shall prepare for submission to the department a plan for | 692 |
|
development. Plans shall include provisions for roads, sewers, | 693 |
|
water lines, waste disposal, water supply, and similar matters to | 694 |
|
meet the requirements of state and local laws. The plans shall | 695 |
|
also include provision for protection of the property by insurance | 696 |
|
or otherwise, and plans for financing the development, and shall | 697 |
|
set forth details of the developer's financial responsibility. | 698 |
| The lease shall contain a provision that construction or | 711 |
|
renovation of the buildings, roads, structures, and other | 712 |
|
necessary facilities shall begin within one year after the date of | 713 |
|
the lease and shall proceed according to a schedule agreed to | 714 |
|
between the department and the developer or the lease will be | 715 |
|
terminated. The lease shall contain such conditions and | 716 |
|
stipulations as the director considers necessary to preserve the | 717 |
|
best interest of the state. Moneys received by the state pursuant | 718 |
|
to this lease shall be paid into the general revenue fund. The | 719 |
|
lease shall provide that at the end of the lease period the | 720 |
|
buildings, structures, and related improvements shall become the | 721 |
|
property of the state without cost. | 722 |
| (14) To adopt rules to ensure that energy efficiency and | 745 |
|
conservation is considered in the purchase of products and | 746 |
|
equipment, except motor vehicles, by any state agency, department, | 747 |
|
division, bureau, office, unit, board, commission, authority, | 748 |
|
quasi-governmental entity, or institution. The department may | 749 |
|
require minimum energy efficiency standards for purchased products | 750 |
|
and equipment based on federal testing and labeling if available | 751 |
|
or on standards developed by the department. When possible, the | 752 |
|
rules shall apply to the competitive selection of energy consuming | 753 |
|
systems, components, and equipment under Chapter 125. of the | 754 |
|
Revised Code. | 755 |
| (16) To require all state agencies, departments, divisions, | 775 |
|
bureaus, offices, units, commissions, boards, authorities, | 776 |
|
quasi-governmental entities, institutions, and state institutions | 777 |
|
of higher education to implement procedures to ensure that all of | 778 |
|
the passenger automobiles they acquire in each fiscal year, except | 779 |
|
for those passenger automobiles acquired for use in law | 780 |
|
enforcement or emergency rescue work, achieve a fleet average fuel | 781 |
|
economy of not less than the fleet average fuel economy for that | 782 |
|
fiscal year as the department shall prescribe by rule. The | 783 |
|
department shall adopt the rule prior to the beginning of the | 784 |
|
fiscal year, in accordance with the average fuel economy standards | 785 |
|
established by federal law for passenger automobiles manufactured | 786 |
|
during the model year that begins during the fiscal year. | 787 |
| Each state agency, department, division, bureau, office, | 788 |
|
unit, commission, board, authority, quasi-governmental entity, | 789 |
|
institution, and state institution of higher education shall | 790 |
|
determine its fleet average fuel economy by dividing the total | 791 |
|
number of passenger vehicles acquired during the fiscal year, | 792 |
|
except for those passenger vehicles acquired for use in law | 793 |
|
enforcement or emergency rescue work, by a sum of terms, each of | 794 |
|
which is a fraction created by dividing the number of passenger | 795 |
|
vehicles of a given make, model, and year, except for passenger | 796 |
|
vehicles acquired for use in law enforcement or emergency rescue | 797 |
|
work, acquired during the fiscal year by the fuel economy measured | 798 |
|
by the administrator of the United States environmental protection | 799 |
|
agency, for the given make, model, and year of vehicle, that | 800 |
|
constitutes an average fuel economy for combined city and highway | 801 |
|
driving. | 802 |
| (3) The power of the director of public safety and the | 822 |
|
registrar of motor vehicles to purchase or lease real property and | 823 |
|
buildings to be used solely as locations to which a deputy | 824 |
|
registrar is assigned pursuant to division (B) of section 4507.011 | 825 |
|
of the Revised Code and from which the deputy registrar is to | 826 |
|
conduct the deputy registrar's business, the power of the director | 827 |
|
of public safety to purchase or lease real property and buildings | 828 |
|
to be used as locations for division or district offices as | 829 |
|
required in the maintenance of operations of the department of | 830 |
|
public safety, and the power of the superintendent of the state | 831 |
|
highway patrol in the purchase or leasing of real property and | 832 |
|
buildings needed by the patrol, to negotiate the sale of real | 833 |
|
property owned by the patrol, to rent or lease real property owned | 834 |
|
or leased by the patrol, and to make or cause to be made repairs | 835 |
|
to all property owned or under the control of the patrol; | 836 |
| (C) Purchases for, and the custody and repair of, buildings | 848 |
|
under the management and control of the capitol square review and | 849 |
advisory board, the rehabilitation services commission | 850 |
| opportunities for Ohioans with disabilities agency, the bureau of | 851 |
|
workers' compensation, or the departments of public safety, job | 852 |
|
and family services, mental health, developmental disabilities, | 853 |
|
and rehabilitation and correction; buildings of educational and | 854 |
|
benevolent institutions under the management and control of boards | 855 |
|
of trustees; and purchases or leases for, and the custody and | 856 |
|
repair of, office space used for the purposes of the joint | 857 |
|
legislative ethics committee are not subject to the control and | 858 |
|
jurisdiction of the department of administrative services. | 859 |
| (7)(a) All presidents, business managers, administrative | 904 |
|
officers, superintendents, assistant superintendents, principals, | 905 |
|
deans, assistant deans, instructors, teachers, and such employees | 906 |
|
as are engaged in educational or research duties connected with | 907 |
|
the public school system, colleges, and universities, as | 908 |
|
determined by the governing body of the public school system, | 909 |
|
colleges, and universities; | 910 |
| (8) Four clerical and administrative support employees for | 913 |
|
each of the elective state officers, four clerical and | 914 |
|
administrative support employees for each board of county | 915 |
|
commissioners and one such employee for each county commissioner, | 916 |
|
and four clerical and administrative support employees for other | 917 |
|
elective officers and each of the principal appointive executive | 918 |
|
officers, boards, or commissions, except for civil service | 919 |
|
commissions, that are authorized to appoint such clerical and | 920 |
|
administrative support employees; | 921 |
| (9) The deputies and assistants of state agencies authorized | 922 |
|
to act for and on behalf of the agency, or holding a fiduciary or | 923 |
|
administrative relation to that agency and those persons employed | 924 |
|
by and directly responsible to elected county officials or a | 925 |
|
county administrator and holding a fiduciary or administrative | 926 |
|
relationship to such elected county officials or county | 927 |
|
administrator, and the employees of such county officials whose | 928 |
|
fitness would be impracticable to determine by competitive | 929 |
|
examination, provided that division (A)(9) of this section shall | 930 |
|
not affect those persons in county employment in the classified | 931 |
|
service as of September 19, 1961. Nothing in division (A)(9) of | 932 |
|
this section applies to any position in a county department of job | 933 |
|
and family services created pursuant to Chapter 329. of the | 934 |
|
Revised Code. | 935 |
| (12) Such teachers and employees in the agricultural | 947 |
|
experiment stations; such students in normal schools, colleges, | 948 |
|
and universities of the state who are employed by the state or a | 949 |
|
political subdivision of the state in student or intern | 950 |
|
classifications; and such unskilled labor positions as the | 951 |
|
director of administrative services, with respect to positions in | 952 |
|
the service of the state, or any municipal civil service | 953 |
|
commission may find it impracticable to include in the competitive | 954 |
|
classified service; provided such exemptions shall be by order of | 955 |
|
the commission or the director, duly entered on the record of the | 956 |
|
commission or the director with the reasons for each such | 957 |
|
exemption; | 958 |
| (26) Up to five positions at each of the administrative | 1008 |
|
departments listed in section 121.02 of the Revised Code and at | 1009 |
|
the department of taxation, department of the adjutant general, | 1010 |
|
department of education, Ohio board of regents, bureau of workers' | 1011 |
|
compensation, industrial commission, state lottery commission, | 1012 |
| opportunities for Ohioans with disabilities agency, and public | 1013 |
|
utilities commission of Ohio that the head of that administrative | 1014 |
|
department or of that other state agency determines to be involved | 1015 |
|
in policy development and implementation. The head of the | 1016 |
|
administrative department or other state agency shall set the | 1017 |
|
compensation for employees in these positions at a rate that is | 1018 |
|
not less than the minimum compensation specified in pay range 41 | 1019 |
|
but not more than the maximum compensation specified in pay range | 1020 |
|
44 of salary schedule E-2 in section 124.152 of the Revised Code. | 1021 |
|
The authority to establish positions in the unclassified service | 1022 |
|
under division (A)(26) of this section is in addition to and does | 1023 |
|
not limit any other authority that an administrative department or | 1024 |
|
state agency has under the Revised Code to establish positions, | 1025 |
|
appoint employees, or set compensation. | 1026 |
| (B) The classified service shall comprise all persons in the | 1044 |
|
employ of the state and the several counties, cities, city health | 1045 |
|
districts, general health districts, and city school districts of | 1046 |
|
the state, not specifically included in the unclassified service. | 1047 |
|
Upon the creation by the board of trustees of a civil service | 1048 |
|
township civil service commission, the classified service shall | 1049 |
|
also comprise, except as otherwise provided in division (A)(17) or | 1050 |
|
(C) of this section, all persons in the employ of a civil service | 1051 |
|
township police or fire department having ten or more full-time | 1052 |
|
paid employees. The classified service consists of two classes, | 1053 |
|
which shall be designated as the competitive class and the | 1054 |
|
unskilled labor class. | 1055 |
| (1) The competitive class shall include all positions and | 1056 |
|
employments in the state and the counties, cities, city health | 1057 |
|
districts, general health districts, and city school districts of | 1058 |
|
the state, and, upon the creation by the board of trustees of a | 1059 |
|
civil service township of a township civil service commission, all | 1060 |
|
positions in a civil service township police or fire department | 1061 |
|
having ten or more full-time paid employees, for which it is | 1062 |
|
practicable to determine the merit and fitness of applicants by | 1063 |
|
competitive examinations. Appointments shall be made to, or | 1064 |
|
employment shall be given in, all positions in the competitive | 1065 |
|
class that are not filled by promotion, reinstatement, transfer, | 1066 |
|
or reduction, as provided in this chapter, and the rules of the | 1067 |
|
director of administrative services, by appointment from those | 1068 |
|
certified to the appointing officer in accordance with this | 1069 |
|
chapter. | 1070 |
| (2) The unskilled labor class shall include ordinary | 1071 |
|
unskilled laborers. Vacancies in the labor class for positions in | 1072 |
|
service of the state shall be filled by appointment from lists of | 1073 |
|
applicants registered by the director or the director's designee. | 1074 |
|
Vacancies in the labor class for all other positions shall be | 1075 |
|
filled by appointment from lists of applicants registered by a | 1076 |
|
commission. The director or the commission, as applicable, by | 1077 |
|
rule, shall require an applicant for registration in the labor | 1078 |
|
class to furnish evidence or take tests as the director or | 1079 |
|
commission considers proper with respect to age, residence, | 1080 |
|
physical condition, ability to labor, honesty, sobriety, industry, | 1081 |
|
capacity, and experience in the work or employment for which | 1082 |
|
application is made. Laborers who fulfill the requirements shall | 1083 |
|
be placed on the eligible list for the kind of labor or employment | 1084 |
|
sought, and preference shall be given in employment in accordance | 1085 |
|
with the rating received from that evidence or in those tests. | 1086 |
|
Upon the request of an appointing officer, stating the kind of | 1087 |
|
labor needed, the pay and probable length of employment, and the | 1088 |
|
number to be employed, the director or commission, as applicable, | 1089 |
|
shall certify from the highest on the list double the number to be | 1090 |
|
employed; from this number, the appointing officer shall appoint | 1091 |
|
the number actually needed for the particular work. If more than | 1092 |
|
one applicant receives the same rating, priority in time of | 1093 |
|
application shall determine the order in which their names shall | 1094 |
|
be certified for appointment. | 1095 |
| (2) A person who holds a position in the classified service | 1106 |
|
of the state and who is appointed to a position in the | 1107 |
|
unclassified service shall retain the right to resume the position | 1108 |
|
and status held by the person in the classified service | 1109 |
|
immediately prior to the person's appointment to the position in | 1110 |
|
the unclassified service, regardless of the number of positions | 1111 |
|
the person held in the unclassified service. An employee's right | 1112 |
|
to resume a position in the classified service may only be | 1113 |
|
exercised when an appointing authority demotes the employee to a | 1114 |
|
pay range lower than the employee's current pay range or revokes | 1115 |
|
the employee's appointment to the unclassified service and: | 1116 |
| (a) The employee is removed from the position in the | 1125 |
|
unclassified service due to incompetence, inefficiency, | 1126 |
|
dishonesty, drunkenness, immoral conduct, insubordination, | 1127 |
|
discourteous treatment of the public, neglect of duty, violation | 1128 |
|
of this chapter or the rules of the director of administrative | 1129 |
|
services, any other failure of good behavior, any other acts of | 1130 |
|
misfeasance, malfeasance, or nonfeasance in office, or conviction | 1131 |
|
of a felony; or | 1132 |
| (4) Reinstatement to a position in the classified service | 1134 |
|
shall be to a position substantially equal to that position in the | 1135 |
|
classified service held previously, as certified by the director | 1136 |
|
of administrative services. If the position the person previously | 1137 |
|
held in the classified service has been placed in the unclassified | 1138 |
|
service or is otherwise unavailable, the person shall be appointed | 1139 |
|
to a position in the classified service within the appointing | 1140 |
|
authority's agency that the director of administrative services | 1141 |
|
certifies is comparable in compensation to the position the person | 1142 |
|
previously held in the classified service. Service in the position | 1143 |
|
in the unclassified service shall be counted as service in the | 1144 |
|
position in the classified service held by the person immediately | 1145 |
|
prior to the person's appointment to the position in the | 1146 |
|
unclassified service. When a person is reinstated to a position in | 1147 |
|
the classified service as provided in this division, the person is | 1148 |
|
entitled to all rights, status, and benefits accruing to the | 1149 |
|
position in the classified service during the person's time of | 1150 |
|
service in the position in the unclassified service. | 1151 |
| Sec. 125.602. (A) The department of developmental | 1152 |
|
disabilities, the department of mental health, the department of | 1153 |
job and family services, the rehabilitation services commission | 1154 |
| opportunities for Ohioans with disabilities agency, and any other | 1155 |
|
state or governmental agency or community rehabilitation program | 1156 |
|
responsible for the provision of rehabilitation and vocational | 1157 |
|
educational services to persons with work-limiting disabilities | 1158 |
|
may, through written agreement, cooperate in providing resources | 1159 |
|
to the department of administrative services for the operation of | 1160 |
|
the office of procurement from community rehabilitation programs. | 1161 |
|
These resources may include, but are not limited to, leadership | 1162 |
|
and assistance in dealing with the societal aspects of meeting the | 1163 |
|
needs of persons with work-limiting disabilities. | 1164 |
| (3) In cooperation with qualified nonprofit agencies, | 1180 |
|
government ordering offices, the department of developmental | 1181 |
|
disabilities, the department of mental health, the department of | 1182 |
job and family services, and the rehabilitation services | 1183 |
commissionopportunities for Ohioans with disabilities agency, | 1184 |
|
develop and recommend to the director of administrative services | 1185 |
|
rules the director shall adopt in accordance with Chapter 119. of | 1186 |
|
the Revised Code for the effective and efficient administration of | 1187 |
|
sections 125.60 to 125.6012 of the Revised Code; | 1188 |
| (4) Applying to entertainment contracts for the Ohio state | 1234 |
|
fair entered into by the Ohio expositions commission, provided | 1235 |
|
that the controlling board has given its approval to the | 1236 |
|
commission to enter into such contracts and has approved a total | 1237 |
|
budget amount for such contracts as agreed upon by commission | 1238 |
|
action, and that the commission causes to be kept itemized records | 1239 |
|
of the amounts of money spent under each contract and annually | 1240 |
|
files those records with the clerk of the house of representatives | 1241 |
|
and the clerk of the senate following the close of the fair; | 1242 |
| (6) Applying to investment transactions and procedures of any | 1247 |
|
state agency, except that the agency shall file with the board the | 1248 |
|
name of any person with whom the agency contracts to make, broker, | 1249 |
|
service, or otherwise manage its investments, as well as the | 1250 |
|
commission, rate, or schedule of charges of such person with | 1251 |
|
respect to any investment transactions to be undertaken on behalf | 1252 |
|
of the agency. The filing shall be in a form and at such times as | 1253 |
|
the board considers appropriate. | 1254 |
| Sec. 2151.83. (A) A public children services agency or | 1395 |
|
private child placing agency, on the request of a young adult, | 1396 |
|
shall enter into a jointly prepared written agreement with the | 1397 |
|
young adult that obligates the agency to ensure that independent | 1398 |
|
living services are provided to the young adult and sets forth the | 1399 |
|
responsibilities of the young adult regarding the services. The | 1400 |
|
agreement shall be developed based on the young adult's strengths, | 1401 |
|
needs, and circumstances. The agreement shall be designed to | 1402 |
|
promote the young adult's successful transition to independent | 1403 |
|
adult living and emotional and economic self-sufficiency. | 1404 |
| (1) An entity, other than the agency, that is represented on | 1408 |
|
a county family and children first council established pursuant to | 1409 |
|
section 121.37 of the Revised Code. If the entity is a board of | 1410 |
|
alcohol, drug addiction, and mental health services, an alcohol | 1411 |
|
and drug addiction services board, or a community mental health | 1412 |
|
board, the agency shall contact the provider of alcohol, drug | 1413 |
|
addiction, or mental health services that has been designated by | 1414 |
|
the board to determine the young adult's eligibility for services. | 1415 |
| If an entity described in this division determines that the | 1420 |
|
young adult qualifies for services from the entity, that entity, | 1421 |
|
the young adult, and the agency to which the young adult made the | 1422 |
|
request for independent living services shall enter into a written | 1423 |
|
addendum to the jointly prepared agreement entered into under | 1424 |
|
division (A) of this section. The addendum shall indicate how | 1425 |
|
services under the agreement and addendum are to be coordinated | 1426 |
|
and allocate the service responsibilities among the entities and | 1427 |
|
agency that signed the addendum. | 1428 |
| Sec. 3303.41. There is hereby created the governor's council | 1429 |
|
on people with disabilities. The council shall consist of | 1430 |
|
twenty-one members of which the majority shall be people with | 1431 |
|
disabilities as defined in this section, appointed by the governor | 1432 |
|
for a term of three years except that for initial appointments, | 1433 |
|
seven members shall be appointed for a term of one year, seven | 1434 |
|
members shall be appointed for a term of two years, and seven | 1435 |
|
members shall be appointed for a term of three years. Members may | 1436 |
|
succeed themselves not more than one time. The governor shall | 1437 |
annually appoint a chairmanchairperson who may succeed himself or | 1438 |
|
herself not more than one time. Members of the council shall serve | 1439 |
|
without compensation, but shall be paid the actual and necessary | 1440 |
|
expenses they incur in the performance of their duties. | 1441 |
(A) "Handicapped person" or "disabled person""Person with a | 1493 |
disability" means any person with a physical or mental disability | 1494 |
whichimpairment that is a substantial handicapimpediment to | 1495 |
employment and which is of a nature thatwho can benefit in terms | 1496 |
|
of an employment outcome from the provision of vocational | 1497 |
rehabilitation services may reasonably be expected to render him | 1498 |
fit to engage in a gainful occupation consistent with his | 1499 |
capacities and abilities, and any person with a physical or mental | 1500 |
disability that constitutes a substantial handicap to employment | 1501 |
for whom vocational rehabilitation services are necessary to | 1502 |
determine his rehabilitation potential. | 1503 |
| (D) "Vocational rehabilitation" and "vocational | 1513 |
|
rehabilitation services" means any activity or service calculated | 1514 |
to enable a handicapped person with a disability or groups of | 1515 |
handicapped persons with disabilities to engage in gainful | 1516 |
|
occupation and includes, but is not limited to, medical and | 1517 |
|
vocational evaluation, including diagnostic and related services, | 1518 |
|
vocational counseling, guidance and placement, including follow-up | 1519 |
|
services, rehabilitation training, including books and other | 1520 |
|
training materials, physical restoration, recruitment and training | 1521 |
services designed to provide handicapped persons with disabilities | 1522 |
|
new employment opportunities, maintenance, occupational tools, | 1523 |
|
equipment, supplies, transportation, services to families of | 1524 |
handicapped persons whichwith disabilities that contribute | 1525 |
|
substantially to the rehabilitation of these persons, and any | 1526 |
other goods or service necessary to render a handicapped person | 1527 |
| with a disability employable. | 1528 |
| Sec. 3304.12. (A) The governor, with the advice and consent | 1550 |
of the senate, shall appoint a rehabilitation servicesthe | 1551 |
|
opportunities for Ohioans with disabilities commission within the | 1552 |
|
opportunities for Ohioans with disabilities agency consisting of | 1553 |
|
seven members, no more than four of whom shall be members of the | 1554 |
|
same political party and who shall include at least three from | 1555 |
|
rehabilitation professions, including at least one member from the | 1556 |
field of services to the blind, and at least four handicapped | 1557 |
|
individuals with disabilities, no less than two nor more than | 1558 |
|
three of whom have received vocational rehabilitation services | 1559 |
|
offered by a state vocational rehabilitation agency or the | 1560 |
veterans' administration.
Such handicappedThe members with | 1561 |
|
disabilities shall be representative of several major categories | 1562 |
of handicapped persons with disabilities served by the commission | 1563 |
| opportunities for Ohioans with disabilities agency. | 1564 |
(B) Of the members first appointed to the commission, one | 1565 |
shall be appointed for a term of seven years, one for a term of | 1566 |
six years, one for a term of five years, one for a term of four | 1567 |
years, one for a term of three years, one for a term of two years, | 1568 |
and one for a term of one year. Thereafter, termsTerms of office | 1569 |
|
shall be for seven years, commencing on the ninth day of September | 1570 |
|
and ending on the eighth day of September, with no person eligible | 1571 |
|
to serve more than two seven-year terms. Each member shall hold | 1572 |
office from the date of his appointment until the end of the term | 1573 |
for which hethe member was appointed. Any member appointed to | 1574 |
|
fill a vacancy occurring prior to the expiration of the term for | 1575 |
which histhe member's predecessor was appointed shall hold office | 1576 |
for the remainder of suchthat term. Any member shall continue in | 1577 |
office subsequent to the expiration date of histhe member's term | 1578 |
until hisa successor takes office, or until a period of sixty | 1579 |
days has elapsed, whichever occurs first. Members appointed to the | 1580 |
commission after September 1, 1977, shall be handicapped | 1581 |
individuals representing those who have received vocational | 1582 |
rehabilitation services offered by a state vocational | 1583 |
rehabilitaion agency or the veterans' administration until the | 1584 |
commission membership includes at least four such individuals. | 1585 |
|
Members who fail to perform their duties or who are guilty of | 1586 |
|
misconduct may be removed on written charges preferred by the | 1587 |
|
governor or by a majority of the commission. | 1588 |
Sec. 3304.13. The rehabilitation services commission | 1594 |
| opportunities for Ohioans with disabilities commission shall hold | 1595 |
|
its first meeting at the call of the governor, and at that | 1596 |
meeting, shall elect one of its members as chairmanchairperson | 1597 |
|
and adopt rules governing the time and place of regular meetings, | 1598 |
|
which shall be held not less than once every four months. Special | 1599 |
meetings shall be held at the call of the chairmanchairperson or | 1600 |
any three members of the commission. The
chairmanchairperson | 1601 |
|
shall serve for four years, unless removed earlier by a majority | 1602 |
|
vote of the commission, and shall be ineligible to serve as | 1603 |
chairmanchairperson during the succeeding four years. Each member | 1604 |
|
of the commission, before entering upon the duties of office, | 1605 |
|
shall take and subscribe an oath to uphold the constitution and | 1606 |
|
laws of the United States and this state and to perform the duties | 1607 |
|
of office honestly, faithfully, and impartially. Each member shall | 1608 |
|
give a bond of five thousand dollars, with a sufficient surety | 1609 |
|
approved by the treasurer of state. After approval, the bond shall | 1610 |
|
be filed with the secretary of state. If the bond is executed by a | 1611 |
|
surety company, the premiums on it shall be paid from the funds | 1612 |
appropriated for the expenses of the rehabilitation services | 1613 |
commissionopportunities for Ohioans with disabilities agency. | 1614 |
(B) Shall prepare and submit to the governor annual reports | 1623 |
of activities and expenditures and, prior to each first regular | 1624 |
session of the general assembly, an estimate of sums required to | 1625 |
carry out the commission's responsibilitiesThe vocational | 1626 |
|
rehabilitation services provided by state agencies and other | 1627 |
|
public and private entities responsible for providing vocational | 1628 |
|
rehabilitation services to persons with disabilities under the | 1629 |
|
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as | 1630 |
|
amended; | 1631 |
(3) Cooperative arrangements with the federal government for | 1666 |
carrying out sections 3304.11 to 3304.27 of the Revised Code, the | 1667 |
"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C. | 1668 |
31, as amended, or other federal statutes pertaining to vocational | 1669 |
rehabilitation, and to this end, may adopt plans and methods of | 1670 |
administration found necessary by the federal government for the | 1671 |
efficient operation of any joint arrangements or the efficient | 1672 |
application of any federal statutes; | 1673 |
(B) The governor shall appoint an administratorexecutive | 1717 |
director of the rehabilitation services commissionopportunities | 1718 |
|
for Ohioans with disabilities agency to serve at the pleasure of | 1719 |
the governor and shall fix the administrator'sexecutive | 1720 |
director's compensation. The
administratorexecutive director | 1721 |
shall devote the administrator'sexecutive director's entire time | 1722 |
to the duties of the administrator'sexecutive director's office, | 1723 |
|
shall hold no other office or position of trust and profit, and | 1724 |
shall engage in no other business during the administrator's | 1725 |
| executive director's term of office. The governor may grant the | 1726 |
administratorexecutive director the authority to appoint, remove, | 1727 |
|
and discipline without regard to sex, race, creed, color, age, or | 1728 |
|
national origin, such other professional, administrative, and | 1729 |
|
clerical staff members as are necessary to carry out the functions | 1730 |
and duties of the commissionagency. | 1731 |
Sec. 3304.15. Sec. 3304.16. The rehabilitation services commission | 1775 |
| executive director of the opportunities for Ohioans with | 1776 |
|
disabilities agency shall establish administrative subdivisions | 1777 |
under its control as it determines necessary or appropriate to | 1778 |
carry out itsthe agency's functions and duties, but there shall | 1779 |
|
be a bureau of services for the visually impaired and a bureau of | 1780 |
|
vocational rehabilitation, each of which has as its head a deputy | 1781 |
director appointed by the administrator, subject to
commission | 1782 |
approvalexecutive director. The commissionexecutive director | 1783 |
|
shall prescribe the budgets for the government of each division, | 1784 |
|
and rules for the conduct of its employees, the performance of its | 1785 |
|
business, and the custody, use, and preservation of the records, | 1786 |
|
papers, books, documents, and property pertaining thereto. | 1787 |
| Sec. 3304.181. If the total of all funds available from | 1804 |
nonfederal sources to support the activities of the rehabilitation | 1805 |
services commissionopportunities for Ohioans with disabilities | 1806 |
|
agency does not comply with the expenditure requirements of 34 | 1807 |
|
C.F.R. 361.60 and 361.62 for those activities or would cause the | 1808 |
|
state to lose an allotment or fail to receive a reallotment under | 1809 |
34 C.F.R. 361.65, the commissionagency may solicit additional | 1810 |
|
funds from, and enter into agreements for the use of those funds | 1811 |
|
with, private or public entities, including local government | 1812 |
entities of this state. The commissionagency may continue to | 1813 |
|
solicit additional funds and enter into agreements until the total | 1814 |
funding available is sufficient for the commissionagency to | 1815 |
|
receive federal funds at the maximum amount and in the most | 1816 |
|
advantageous proportion possible. | 1817 |
Sec. 3304.182. Any agreement between the rehabilitation | 1822 |
services commissionopportunities for Ohioans with disabilities | 1823 |
|
agency and a private or public entity providing funds under | 1824 |
section 3304.181 of the Revised Code may permit the
commission | 1825 |
| agency to receive a specified percentage of the funds, but the | 1826 |
|
percentage shall be not more than twenty-five per cent of the | 1827 |
total funds available under the agreement. The commissionagency | 1828 |
|
may terminate an agreement at any time for just cause. It may | 1829 |
|
terminate an agreement for any other reason by giving at least | 1830 |
|
thirty days' notice to the public or private entity. | 1831 |
Sec. 3304.19. The right of a handicapped person with a | 1837 |
|
disability to living maintenance under sections 3304.11 to | 1838 |
3304.27, inclusive, of the Revised Code, is not transferable or | 1839 |
|
assignable at law or in equity, and none of the money paid or | 1840 |
payable or rights existing under this actchapter are subject to | 1841 |
|
execution, levy, attachment, garnishment, or other legal process, | 1842 |
|
or to the operation of any bankruptcy or insolvency law. | 1843 |
| Sec. 3304.20. Any person applying for or receiving | 1844 |
|
vocational rehabilitation services who is dissatisfied with regard | 1845 |
|
to the furnishing or denial of services, may file a request for an | 1846 |
|
administrative review and redetermination of that action in | 1847 |
accordance with rules of the rehabilitation services commission | 1848 |
| opportunities for Ohioans with disabilities agency. When the | 1849 |
|
person is dissatisfied with the finding of this administrative | 1850 |
review, hethe person is entitled, in accordance with commission | 1851 |
| agency rules and in accordance with Chapter 119. of the Revised | 1852 |
Code, to a fair hearing before the administratorexecutive | 1853 |
director of the
rehabilitation services commissionagency. | 1854 |
| Sec. 3304.21. No person shall, except for the purposes of | 1855 |
sections 3304.11 to 3304.27, inclusive, of the Revised Code, and | 1856 |
in accordance with the rules established by the rehabilitation | 1857 |
services commissionopportunities for Ohioans with disabilities | 1858 |
|
agency, solicit, disclose, receive, make use of, authorize, | 1859 |
|
knowingly permit, participate in, or acquiesce in the use of any | 1860 |
|
list of names or information concerning persons applying for or | 1861 |
receiving any services from the commissionagency, which | 1862 |
|
information is directly or indirectly derived from the records of | 1863 |
|
the agency or is acquired in the performance of the person's | 1864 |
|
official duties. | 1865 |
Sec. 3304.22. No officer or employee of the rehabilitation | 1866 |
servicesopportunities for Ohioans with disabilities commission, | 1867 |
|
the opportunities for Ohioans with disabilities agency, or any | 1868 |
|
person engaged in the administration of a vocational | 1869 |
|
rehabilitation program sponsored by or affiliated with the state | 1870 |
|
shall use or permit the use of any vocational rehabilitation | 1871 |
|
program for the purpose of interfering with an election for any | 1872 |
|
partisan political purpose; solicit or receive money for a | 1873 |
|
partisan political purpose; or require any other person to | 1874 |
|
contribute any service or money for a partisan political purpose. | 1875 |
Whoever violates this section shall be removed from histhe | 1876 |
|
officer's or employee's office or employment. | 1877 |
| Sec. 3304.231. There is hereby created a brain injury | 1918 |
advisory committee, which shall advise the administratorexecutive | 1919 |
director of the
rehabilitation services commissionopportunities | 1920 |
|
for Ohioans with disabilities agency and the brain injury program | 1921 |
|
with regard to unmet needs of survivors of brain injury, | 1922 |
|
development of programs for survivors and their families, | 1923 |
|
establishment of training programs for health care professionals, | 1924 |
|
and any other matter within the province of the brain injury | 1925 |
|
program. The committee shall consist of not fewer than twenty and | 1926 |
|
not more than twenty-two members as follows: | 1927 |
| (A) Not fewer than ten and not more than twelve members | 1928 |
appointed by the administratorexecutive director of the | 1929 |
rehabilitation services commissionopportunities for Ohioans with | 1930 |
|
disabilities agency, including all of the following: a survivor of | 1931 |
|
brain injury, a relative of a survivor of brain injury, a licensed | 1932 |
|
physician recommended by the Ohio chapter of the American college | 1933 |
|
of emergency physicians, a licensed physician recommended by the | 1934 |
|
Ohio state medical association, one other health care | 1935 |
|
professional, a rehabilitation professional, an individual who | 1936 |
|
represents the brain injury association of Ohio, and not fewer | 1937 |
|
than three nor more than five individuals who shall represent the | 1938 |
|
public; | 1939 |
| (B) The directors of the departments of health, alcohol and | 1940 |
|
drug addiction services, developmental disabilities, mental | 1941 |
|
health, job and family services, aging, and public safety; the | 1942 |
|
administrator of workers' compensation; the superintendent of | 1943 |
public instruction; and the administratorexecutive director of | 1944 |
the rehabilitation services commissionopportunities for Ohioans | 1945 |
|
with disabilities agency. Any of the officials specified in this | 1946 |
|
division may designate an individual to serve in the official's | 1947 |
|
place as a member of the committee. | 1948 |
| (A) "Suitable vending facility" means automatic vending | 1979 |
|
machines, cafeterias, snack bars, cart service shelters, counters, | 1980 |
|
and other appropriate auxiliary food service equipment determined | 1981 |
|
to be necessary by the bureau of services for the visually | 1982 |
|
impaired for the automatic or manual dispensing of foods, | 1983 |
|
beverages, and other such commodities for sale by persons, no | 1984 |
|
fewer than one-half of whom are blind, under the supervision of a | 1985 |
licensed blind vendor or an employee of the commission | 1986 |
| opportunities for Ohioans with disabilities agency. | 1987 |
| (C) "Governmental property" means any real property, | 1994 |
|
building, or facility owned, leased, or rented by the state or any | 1995 |
|
board, commission, department, division, or other unit or agency | 1996 |
|
thereof, but does not include any institution under the management | 1997 |
|
of the department of rehabilitation and correction pursuant to | 1998 |
|
section 5120.05 of the Revised Code, or under the management of | 1999 |
|
the department of youth services created pursuant to section | 2000 |
|
5139.01 of the Revised Code. | 2001 |
| (D) "Special election" means any election other than those | 2021 |
|
elections defined in other divisions of this section. A special | 2022 |
|
election may be held only on the first Tuesday after the first | 2023 |
|
Monday in February, May, August, or November, or on the day | 2024 |
|
authorized by a particular municipal or county charter for the | 2025 |
|
holding of a primary election, except that in any year in which a | 2026 |
|
presidential primary election is held, no special election shall | 2027 |
|
be held in February or May, except as authorized by a municipal or | 2028 |
|
county charter, but may be held on the first Tuesday after the | 2029 |
|
first Monday in March. | 2030 |
| (2) "Presidential primary election" means a primary election | 2039 |
|
as defined by division (E)(1) of this section at which an election | 2040 |
|
is held for the purpose of choosing delegates and alternates to | 2041 |
|
the national conventions of the major political parties pursuant | 2042 |
|
to section 3513.12 of the Revised Code. Unless otherwise | 2043 |
|
specified, presidential primary elections are included in | 2044 |
|
references to primary elections. In years in which a presidential | 2045 |
|
primary election is held, all primary elections shall be held on | 2046 |
|
the first Tuesday after the first Monday in March except as | 2047 |
|
otherwise authorized by a municipal or county charter. | 2048 |
| (3) "Minor political party" means any political party | 2062 |
|
organized under the laws of this state whose candidate for | 2063 |
|
governor or nominees for presidential electors received less than | 2064 |
|
ten per cent but not less than five per cent of the total vote | 2065 |
|
cast for such office at the most recent regular state election or | 2066 |
|
which has filed with the secretary of state, subsequent to any | 2067 |
|
election in which it received less than five per cent of such | 2068 |
|
vote, a petition signed by qualified electors equal in number to | 2069 |
|
at least one per cent of the total vote cast for such office in | 2070 |
|
the last preceding regular state election, except that a newly | 2071 |
|
formed political party shall be known as a minor political party | 2072 |
|
until the time of the first election for governor or president | 2073 |
|
which occurs not less than twelve months subsequent to the | 2074 |
|
formation of such party, after which election the status of such | 2075 |
|
party shall be determined by the vote for the office of governor | 2076 |
|
or president. | 2077 |
| (J) "Nonpartisan candidate" means any candidate whose name is | 2097 |
|
required, pursuant to section 3505.04 of the Revised Code, to be | 2098 |
|
listed on the nonpartisan ballot, including all candidates for | 2099 |
|
judicial office, for member of any board of education, for | 2100 |
|
municipal or township offices in which primary elections are not | 2101 |
|
held for nominating candidates by political parties, and for | 2102 |
|
offices of municipal corporations having charters that provide for | 2103 |
|
separate ballots for elections for these offices. | 2104 |
| (L) "Officer of a political party" includes, but is not | 2112 |
|
limited to, any member, elected or appointed, of a controlling | 2113 |
|
committee, whether representing the territory of the state, a | 2114 |
|
district therein, a county, township, a city, a ward, a precinct, | 2115 |
|
or other territory, of a major, intermediate, or minor political | 2116 |
|
party. | 2117 |
| (X) "Designated agency" means an office or agency in the | 2164 |
|
state that provides public assistance or that provides | 2165 |
|
state-funded programs primarily engaged in providing services to | 2166 |
|
persons with disabilities and that is required by the National | 2167 |
|
Voter Registration Act of 1993 to implement a program designed and | 2168 |
|
administered by the secretary of state for registering voters, or | 2169 |
|
any other public or government office or agency that implements a | 2170 |
|
program designed and administered by the secretary of state for | 2171 |
|
registering voters, including the department of job and family | 2172 |
|
services, the program administered under section 3701.132 of the | 2173 |
|
Revised Code by the department of health, the department of mental | 2174 |
|
health, the department of developmental disabilities, the | 2175 |
rehabilitation services commissionopportunities for Ohioans with | 2176 |
|
disabilities agency, and any other agency the secretary of state | 2177 |
|
designates. "Designated agency" does not include public high | 2178 |
|
schools and vocational schools, public libraries, or the office of | 2179 |
|
a county treasurer. | 2180 |
| (M) "Personal representative" means a person who has | 2253 |
|
authority under applicable law to make decisions related to health | 2254 |
|
care on behalf of an adult or emancipated minor, or the parent, | 2255 |
|
legal guardian, or other person acting in loco parentis who is | 2256 |
|
authorized under law to make health care decisions on behalf of an | 2257 |
|
unemancipated minor. "Personal representative" does not include | 2258 |
|
the parent or legal guardian of, or another person acting in loco | 2259 |
|
parentis to, a minor who consents to the minor's own receipt of | 2260 |
|
health care or a minor who makes medical decisions on the minor's | 2261 |
|
own behalf pursuant to law, court approval, or because the minor's | 2262 |
|
parent, legal guardian, or other person acting in loco parentis | 2263 |
|
has assented to an agreement of confidentiality between the | 2264 |
|
provider and the minor. | 2265 |
| (F) Advise the governor, general assembly, and state | 2304 |
|
departments and agencies on, and assist in the development and | 2305 |
|
implementation of, comprehensive and coordinated policies, | 2306 |
|
programs, and procedures focusing on the special problems and | 2307 |
|
needs of sub-Saharan African people, especially in the fields of | 2308 |
|
education, employment, energy, health, housing, welfare, and | 2309 |
|
recreation; | 2310 |
| (P) Create an interagency council consisting of the following | 2337 |
|
persons or their authorized representatives: one member of the | 2338 |
|
senate appointed by the president of the senate; one member of the | 2339 |
|
house of representatives appointed by the speaker of the house of | 2340 |
|
representatives; the directors of administrative services, | 2341 |
|
agriculture, education, development services, health, highway | 2342 |
|
safety, job and family services, liquor control, mental health, | 2343 |
|
mental retardation and developmental disabilities, natural | 2344 |
|
resources, rehabilitation and correction, youth services, | 2345 |
|
transportation, environmental protection, and budget and | 2346 |
|
management; the chairperson of the Ohio civil rights commission, | 2347 |
the administratorsadministrator of the bureau of workers' | 2348 |
compensation and, the
rehabilitation services commission | 2349 |
| executive director of the opportunities for Ohioans with | 2350 |
|
disabilities agency, and an additional member of the governor's | 2351 |
|
cabinet appointed by the governor. The new African immigrants | 2352 |
|
commission, by rule, may designate other state officers or their | 2353 |
|
representatives to be members of the council. The director of the | 2354 |
|
commission shall be the chairperson of the council. | 2355 |
| (B) The administrator may employ the services and resources | 2374 |
|
of any public entity or private person, business, or association | 2375 |
|
in fulfilling the duties placed upon the bureau of workers' | 2376 |
|
compensation by sections 4121.61 to 4121.69 of the Revised Code. | 2377 |
The rehabilitation services commissionopportunities for Ohioans | 2378 |
|
with disabilities agency, the director of job and family services, | 2379 |
|
and any other public officer, employee, or agency shall give to | 2380 |
|
the bureau of workers' compensation full cooperation and, at the | 2381 |
|
request of the administrator, enter into a written agreement | 2382 |
|
stating the procedures and criteria for referring, accepting, and | 2383 |
|
providing services to claimants in the job placement and | 2384 |
|
rehabilitation efforts of the bureau of workers' compensation on | 2385 |
|
behalf of a claimant when referred by the bureau of workers' | 2386 |
|
compensation. | 2387 |
| Except as provided in this section, not earlier than | 2396 |
|
twenty-six weeks after the date of termination of the latest | 2397 |
|
period of payments under section 4123.56 of the Revised Code, or | 2398 |
|
not earlier than twenty-six weeks after the date of the injury or | 2399 |
|
contraction of an occupational disease in the absence of payments | 2400 |
|
under section 4123.56 of the Revised Code, the employee may file | 2401 |
|
an application with the bureau of workers' compensation for the | 2402 |
|
determination of the percentage of the employee's permanent | 2403 |
|
partial disability resulting from an injury or occupational | 2404 |
|
disease. | 2405 |
| Whenever the application is filed, the bureau shall send a | 2406 |
|
copy of the application to the employee's employer or the | 2407 |
|
employer's representative and shall schedule the employee for a | 2408 |
|
medical examination by the bureau medical section. The bureau | 2409 |
|
shall send a copy of the report of the medical examination to the | 2410 |
|
employee, the employer, and their representatives. Thereafter, the | 2411 |
|
administrator of workers' compensation shall review the employee's | 2412 |
|
claim file and make a tentative order as the evidence before the | 2413 |
|
administrator at the time of the making of the order warrants. If | 2414 |
|
the administrator determines that there is a conflict of evidence, | 2415 |
|
the administrator shall send the application, along with the | 2416 |
|
claimant's file, to the district hearing officer who shall set the | 2417 |
|
application for a hearing. | 2418 |
| The administrator shall notify the employee, the employer, | 2419 |
|
and their representatives, in writing, of the tentative order and | 2420 |
|
of the parties' right to request a hearing. Unless the employee, | 2421 |
|
the employer, or their representative notifies the administrator, | 2422 |
|
in writing, of an objection to the tentative order within twenty | 2423 |
|
days after receipt of the notice thereof, the tentative order | 2424 |
|
shall go into effect and the employee shall receive the | 2425 |
|
compensation provided in the order. In no event shall there be a | 2426 |
|
reconsideration of a tentative order issued under this division. | 2427 |
| (A) The district hearing officer, upon the application, shall | 2435 |
|
determine the percentage of the employee's permanent disability, | 2436 |
|
except as is subject to division (B) of this section, based upon | 2437 |
|
that condition of the employee resulting from the injury or | 2438 |
|
occupational disease and causing permanent impairment evidenced by | 2439 |
|
medical or clinical findings reasonably demonstrable. The employee | 2440 |
|
shall receive sixty-six and two-thirds per cent of the employee's | 2441 |
|
average weekly wage, but not more than a maximum of thirty-three | 2442 |
|
and one-third per cent of the statewide average weekly wage as | 2443 |
|
defined in division (C) of section 4123.62 of the Revised Code, | 2444 |
|
per week regardless of the average weekly wage, for the number of | 2445 |
|
weeks which equals the percentage of two hundred weeks. Except on | 2446 |
|
application for reconsideration, review, or modification, which is | 2447 |
|
filed within ten days after the date of receipt of the decision of | 2448 |
|
the district hearing officer, in no instance shall the former | 2449 |
|
award be modified unless it is found from medical or clinical | 2450 |
|
findings that the condition of the claimant resulting from the | 2451 |
|
injury has so progressed as to have increased the percentage of | 2452 |
|
permanent partial disability. A staff hearing officer shall hear | 2453 |
|
an application for reconsideration filed and the staff hearing | 2454 |
|
officer's decision is final. An employee may file an application | 2455 |
|
for a subsequent determination of the percentage of the employee's | 2456 |
|
permanent disability. If such an application is filed, the bureau | 2457 |
|
shall send a copy of the application to the employer or the | 2458 |
|
employer's representative. No sooner than sixty days from the date | 2459 |
|
of the mailing of the application to the employer or the | 2460 |
|
employer's representative, the administrator shall review the | 2461 |
|
application. The administrator may require a medical examination | 2462 |
|
or medical review of the employee. The administrator shall issue a | 2463 |
|
tentative order based upon the evidence before the administrator, | 2464 |
|
provided that if the administrator requires a medical examination | 2465 |
|
or medical review, the administrator shall not issue the tentative | 2466 |
|
order until the completion of the examination or review. | 2467 |
| The employer may obtain a medical examination of the employee | 2468 |
|
and may submit medical evidence at any stage of the process up to | 2469 |
|
a hearing before the district hearing officer, pursuant to rules | 2470 |
|
of the commission. The administrator shall notify the employee, | 2471 |
|
the employer, and their representatives, in writing, of the nature | 2472 |
|
and amount of any tentative order issued on an application | 2473 |
|
requesting a subsequent determination of the percentage of an | 2474 |
|
employee's permanent disability. An employee, employer, or their | 2475 |
|
representatives may object to the tentative order within twenty | 2476 |
|
days after the receipt of the notice thereof. If no timely | 2477 |
|
objection is made, the tentative order shall go into effect. In no | 2478 |
|
event shall there be a reconsideration of a tentative order issued | 2479 |
|
under this division. If an objection is timely made, the | 2480 |
|
application for a subsequent determination shall be referred to a | 2481 |
|
district hearing officer who shall set the application for a | 2482 |
|
hearing with written notice to all interested persons. No | 2483 |
|
application for subsequent percentage determinations on the same | 2484 |
|
claim for injury or occupational disease shall be accepted for | 2485 |
|
review by the district hearing officer unless supported by | 2486 |
|
substantial evidence of new and changed circumstances developing | 2487 |
|
since the time of the hearing on the original or last | 2488 |
|
determination. | 2489 |
| If the claimant has suffered the loss of two or more fingers | 2547 |
|
by amputation or ankylosis and the nature of the claimant's | 2548 |
|
employment in the course of which the claimant was working at the | 2549 |
|
time of the injury or occupational disease is such that the | 2550 |
|
handicap or disability resulting from the loss of fingers, or loss | 2551 |
|
of use of fingers, exceeds the normal handicap or disability | 2552 |
|
resulting from the loss of fingers, or loss of use of fingers, the | 2553 |
|
administrator may take that fact into consideration and increase | 2554 |
|
the award of compensation accordingly, but the award made shall | 2555 |
|
not exceed the amount of compensation for loss of a hand. | 2556 |
| In case an injury or occupational disease results in serious | 2590 |
|
facial or head disfigurement which either impairs or may in the | 2591 |
|
future impair the opportunities to secure or retain employment, | 2592 |
|
the administrator shall make an award of compensation as it deems | 2593 |
|
proper and equitable, in view of the nature of the disfigurement, | 2594 |
|
and not to exceed the sum of ten thousand dollars. For the purpose | 2595 |
|
of making the award, it is not material whether the employee is | 2596 |
|
gainfully employed in any occupation or trade at the time of the | 2597 |
|
administrator's determination. | 2598 |
| In all cases arising under division (B) of this section, if | 2617 |
|
it is determined by any one of the following: (1) the amputee | 2618 |
|
clinic at University hospital, Ohio state university; (2) the | 2619 |
rehabilitation services commissionopportunities for Ohioans with | 2620 |
|
disabilities agency; (3) an amputee clinic or prescribing | 2621 |
|
physician approved by the administrator or the administrator's | 2622 |
|
designee, that an injured or disabled employee is in need of an | 2623 |
|
artificial appliance, or in need of a repair thereof, regardless | 2624 |
|
of whether the appliance or its repair will be serviceable in the | 2625 |
|
vocational rehabilitation of the injured employee, and regardless | 2626 |
|
of whether the employee has returned to or can ever again return | 2627 |
|
to any gainful employment, the bureau shall pay the cost of the | 2628 |
|
artificial appliance or its repair out of the surplus created by | 2629 |
|
division (B) of section 4123.34 of the Revised Code. | 2630 |
| (D) If an employee of a state fund employer makes application | 2639 |
|
for a finding and the administrator finds that the employee has | 2640 |
|
contracted silicosis as defined in division (X), or coal miners' | 2641 |
|
pneumoconiosis as defined in division (Y), or asbestosis as | 2642 |
|
defined in division (AA) of section 4123.68 of the Revised Code, | 2643 |
|
and that a change of such employee's occupation is medically | 2644 |
|
advisable in order to decrease substantially further exposure to | 2645 |
|
silica dust, asbestos, or coal dust and if the employee, after the | 2646 |
|
finding, has changed or shall change the employee's occupation to | 2647 |
|
an occupation in which the exposure to silica dust, asbestos, or | 2648 |
|
coal dust is substantially decreased, the administrator shall | 2649 |
|
allow to the employee an amount equal to fifty per cent of the | 2650 |
|
statewide average weekly wage per week for a period of thirty | 2651 |
|
weeks, commencing as of the date of the discontinuance or change, | 2652 |
|
and for a period of one hundred weeks immediately following the | 2653 |
|
expiration of the period of thirty weeks, the employee shall | 2654 |
|
receive sixty-six and two-thirds per cent of the loss of wages | 2655 |
|
resulting directly and solely from the change of occupation but | 2656 |
|
not to exceed a maximum of an amount equal to fifty per cent of | 2657 |
|
the statewide average weekly wage per week. No such employee is | 2658 |
|
entitled to receive more than one allowance on account of | 2659 |
|
discontinuance of employment or change of occupation and benefits | 2660 |
|
shall cease for any period during which the employee is employed | 2661 |
|
in an occupation in which the exposure to silica dust, asbestos, | 2662 |
|
or coal dust is not substantially less than the exposure in the | 2663 |
|
occupation in which the employee was formerly employed or for any | 2664 |
|
period during which the employee may be entitled to receive | 2665 |
|
compensation or benefits under section 4123.68 of the Revised Code | 2666 |
|
on account of disability from silicosis, asbestosis, or coal | 2667 |
|
miners' pneumoconiosis. An award for change of occupation for a | 2668 |
|
coal miner who has contracted coal miners' pneumoconiosis may be | 2669 |
|
granted under this division even though the coal miner continues | 2670 |
|
employment with the same employer, so long as the coal miner's | 2671 |
|
employment subsequent to the change is such that the coal miner's | 2672 |
|
exposure to coal dust is substantially decreased and a change of | 2673 |
|
occupation is certified by the claimant as permanent. The | 2674 |
|
administrator may accord to the employee medical and other | 2675 |
|
benefits in accordance with section 4123.66 of the Revised Code. | 2676 |
| (E) If a firefighter or police officer makes application for | 2677 |
|
a finding and the administrator finds that the firefighter or | 2678 |
|
police officer has contracted a cardiovascular and pulmonary | 2679 |
|
disease as defined in division (W) of section 4123.68 of the | 2680 |
|
Revised Code, and that a change of the firefighter's or police | 2681 |
|
officer's occupation is medically advisable in order to decrease | 2682 |
|
substantially further exposure to smoke, toxic gases, chemical | 2683 |
|
fumes, and other toxic vapors, and if the firefighter, or police | 2684 |
|
officer, after the finding, has changed or changes occupation to | 2685 |
|
an occupation in which the exposure to smoke, toxic gases, | 2686 |
|
chemical fumes, and other toxic vapors is substantially decreased, | 2687 |
|
the administrator shall allow to the firefighter or police officer | 2688 |
|
an amount equal to fifty per cent of the statewide average weekly | 2689 |
|
wage per week for a period of thirty weeks, commencing as of the | 2690 |
|
date of the discontinuance or change, and for a period of | 2691 |
|
seventy-five weeks immediately following the expiration of the | 2692 |
|
period of thirty weeks the administrator shall allow the | 2693 |
|
firefighter or police officer sixty-six and two-thirds per cent of | 2694 |
|
the loss of wages resulting directly and solely from the change of | 2695 |
|
occupation but not to exceed a maximum of an amount equal to fifty | 2696 |
|
per cent of the statewide average weekly wage per week. No such | 2697 |
|
firefighter or police officer is entitled to receive more than one | 2698 |
|
allowance on account of discontinuance of employment or change of | 2699 |
|
occupation and benefits shall cease for any period during which | 2700 |
|
the firefighter or police officer is employed in an occupation in | 2701 |
|
which the exposure to smoke, toxic gases, chemical fumes, and | 2702 |
|
other toxic vapors is not substantially less than the exposure in | 2703 |
|
the occupation in which the firefighter or police officer was | 2704 |
|
formerly employed or for any period during which the firefighter | 2705 |
|
or police officer may be entitled to receive compensation or | 2706 |
|
benefits under section 4123.68 of the Revised Code on account of | 2707 |
|
disability from a cardiovascular and pulmonary disease. The | 2708 |
|
administrator may accord to the firefighter or police officer | 2709 |
|
medical and other benefits in accordance with section 4123.66 of | 2710 |
|
the Revised Code. | 2711 |
| (2) "Organization" means any private organization or | 2737 |
|
corporation, or any governmental board, agency, department, | 2738 |
|
division, or office, that, as part of its business or program, | 2739 |
|
transports persons with disabilities that limit or impair the | 2740 |
|
ability to walk on a regular basis in a motor vehicle that has not | 2741 |
|
been altered for the purpose of providing it with special | 2742 |
equipment for use by handicapped persons with disabilities. This | 2743 |
|
definition does not apply to division (J) of this section. | 2744 |
| (B) Any organization or person with a disability that limits | 2761 |
|
or impairs the ability to walk may apply to the registrar of motor | 2762 |
|
vehicles for a removable windshield placard or, if the person owns | 2763 |
|
or leases a motor vehicle, the person may apply for the | 2764 |
|
registration of any motor vehicle the person owns or leases. In | 2765 |
|
addition to one or more sets of license plates or one placard, a | 2766 |
|
person with a disability that limits or impairs the ability to | 2767 |
|
walk is entitled to one additional placard, but only if the person | 2768 |
|
applies separately for the additional placard, states the reasons | 2769 |
|
why the additional placard is needed, and the registrar, in the | 2770 |
|
registrar's discretion, determines that good and justifiable cause | 2771 |
|
exists to approve the request for the additional placard. When a | 2772 |
|
motor vehicle has been altered for the purpose of providing it | 2773 |
|
with special equipment for a person with a disability that limits | 2774 |
|
or impairs the ability to walk, but is owned or leased by someone | 2775 |
|
other than such a person, the owner or lessee may apply to the | 2776 |
|
registrar or a deputy registrar for registration under this | 2777 |
|
section. The application for registration of a motor vehicle owned | 2778 |
|
or leased by a person with a disability that limits or impairs the | 2779 |
|
ability to walk shall be accompanied by a signed statement from | 2780 |
|
the applicant's health care provider certifying that the applicant | 2781 |
|
meets at least one of the criteria contained in division (A)(1) of | 2782 |
|
this section and that the disability is expected to continue for | 2783 |
|
more than six consecutive months. The application for a removable | 2784 |
|
windshield placard made by a person with a disability that limits | 2785 |
|
or impairs the ability to walk shall be accompanied by a | 2786 |
|
prescription from the applicant's health care provider prescribing | 2787 |
|
such a placard for the applicant, provided that the applicant | 2788 |
|
meets at least one of the criteria contained in division (A)(1) of | 2789 |
|
this section. The health care provider shall state on the | 2790 |
|
prescription the length of time the health care provider expects | 2791 |
|
the applicant to have the disability that limits or impairs the | 2792 |
|
applicant's ability to walk. The application for a removable | 2793 |
|
windshield placard made by an organization shall be accompanied by | 2794 |
|
such documentary evidence of regular transport of persons with | 2795 |
|
disabilities that limit or impair the ability to walk by the | 2796 |
|
organization as the registrar may require by rule and shall be | 2797 |
|
completed in accordance with procedures that the registrar may | 2798 |
|
require by rule. The application for registration of a motor | 2799 |
|
vehicle that has been altered for the purpose of providing it with | 2800 |
|
special equipment for a person with a disability that limits or | 2801 |
|
impairs the ability to walk but is owned by someone other than | 2802 |
|
such a person shall be accompanied by such documentary evidence of | 2803 |
|
vehicle alterations as the registrar may require by rule. | 2804 |
| (C) When an organization, a person with a disability that | 2805 |
|
limits or impairs the ability to walk, or a person who does not | 2806 |
|
have a disability that limits or impairs the ability to walk but | 2807 |
|
owns a motor vehicle that has been altered for the purpose of | 2808 |
|
providing it with special equipment for a person with a disability | 2809 |
|
that limits or impairs the ability to walk first submits an | 2810 |
|
application for registration of a motor vehicle under this section | 2811 |
|
and every fifth year thereafter, the organization or person shall | 2812 |
|
submit a signed statement from the applicant's health care | 2813 |
|
provider, a completed application, and any required documentary | 2814 |
|
evidence of vehicle alterations as provided in division (B) of | 2815 |
|
this section, and also a power of attorney from the owner of the | 2816 |
|
motor vehicle if the applicant leases the vehicle. Upon submission | 2817 |
|
of these items, the registrar or deputy registrar shall issue to | 2818 |
|
the applicant appropriate vehicle registration and a set of | 2819 |
|
license plates and validation stickers, or validation stickers | 2820 |
|
alone when required by section 4503.191 of the Revised Code. In | 2821 |
|
addition to the letters and numbers ordinarily inscribed thereon, | 2822 |
|
the license plates shall be imprinted with the international | 2823 |
|
symbol of access. The license plates and validation stickers shall | 2824 |
|
be issued upon payment of the regular license fee as prescribed | 2825 |
|
under section 4503.04 of the Revised Code and any motor vehicle | 2826 |
|
tax levied under Chapter 4504. of the Revised Code, and the | 2827 |
|
payment of a service fee equal to the amount specified in division | 2828 |
|
(D) or (G) of section 4503.10 of the Revised Code. | 2829 |
| (D)(1) Upon receipt of a completed and signed application for | 2830 |
|
a removable windshield placard, a prescription as described in | 2831 |
|
division (B) of this section, documentary evidence of regular | 2832 |
|
transport of persons with disabilities that limit or impair the | 2833 |
|
ability to walk, if required, and payment of a service fee equal | 2834 |
|
to the amount specified in division (D) or (G) of section 4503.10 | 2835 |
|
of the Revised Code, the registrar or deputy registrar shall issue | 2836 |
|
to the applicant a removable windshield placard, which shall bear | 2837 |
|
the date of expiration on both sides of the placard and shall be | 2838 |
|
valid until expired, revoked, or surrendered. Every removable | 2839 |
|
windshield placard expires as described in division (D)(2) of this | 2840 |
|
section, but in no case shall a removable windshield placard be | 2841 |
|
valid for a period of less than sixty days. Removable windshield | 2842 |
|
placards shall be renewable upon application as provided in | 2843 |
|
division (B) of this section, and a service fee equal to the | 2844 |
|
amount specified in division (D) or (G) of section 4503.10 of the | 2845 |
|
Revised Code shall be charged for the renewal of a removable | 2846 |
|
windshield placard. The registrar shall provide the application | 2847 |
|
form and shall determine the information to be included thereon. | 2848 |
|
The registrar also shall determine the form and size of the | 2849 |
|
removable windshield placard, the material of which it is to be | 2850 |
|
made, and any other information to be included thereon, and shall | 2851 |
|
adopt rules relating to the issuance, expiration, revocation, | 2852 |
|
surrender, and proper display of such placards. Any placard issued | 2853 |
|
after October 14, 1999, shall be manufactured in a manner that | 2854 |
|
allows the expiration date of the placard to be indicated on it | 2855 |
|
through the punching, drilling, boring, or creation by any other | 2856 |
|
means of holes in the placard. | 2857 |
| (2) At the time a removable windshield placard is issued to a | 2858 |
|
person with a disability that limits or impairs the ability to | 2859 |
|
walk, the registrar or deputy registrar shall enter into the | 2860 |
|
records of the bureau of motor vehicles the last date on which the | 2861 |
|
person will have that disability, as indicated on the accompanying | 2862 |
|
prescription. Not less than thirty days prior to that date and all | 2863 |
|
removable windshield placard renewal dates, the bureau shall send | 2864 |
|
a renewal notice to that person at the person's last known address | 2865 |
|
as shown in the records of the bureau, informing the person that | 2866 |
|
the person's removable windshield placard will expire on the | 2867 |
|
indicated date not to exceed five years from the date of issuance, | 2868 |
|
and that the person is required to renew the placard by submitting | 2869 |
|
to the registrar or a deputy registrar another prescription, as | 2870 |
|
described in division (B) of this section, and by complying with | 2871 |
|
the renewal provisions prescribed in division (D)(1) of this | 2872 |
|
section. If such a prescription is not received by the registrar | 2873 |
|
or a deputy registrar by that date, the placard issued to that | 2874 |
|
person expires and no longer is valid, and this fact shall be | 2875 |
|
recorded in the records of the bureau. | 2876 |
| (3) At least once every year, on a date determined by the | 2877 |
|
registrar, the bureau shall examine the records of the office of | 2878 |
|
vital statistics, located within the department of health, that | 2879 |
|
pertain to deceased persons, and also the bureau's records of all | 2880 |
|
persons who have been issued removable windshield placards and | 2881 |
|
temporary removable windshield placards. If the records of the | 2882 |
|
office of vital statistics indicate that a person to whom a | 2883 |
|
removable windshield placard or temporary removable windshield | 2884 |
|
placard has been issued is deceased, the bureau shall cancel that | 2885 |
|
placard, and note the cancellation in its records. | 2886 |
| (E)(1)(a) Any person with a disability that limits or impairs | 2895 |
|
the ability to walk may apply to the registrar or a deputy | 2896 |
|
registrar for a temporary removable windshield placard. The | 2897 |
|
application for a temporary removable windshield placard shall be | 2898 |
|
accompanied by a prescription from the applicant's health care | 2899 |
|
provider prescribing such a placard for the applicant, provided | 2900 |
|
that the applicant meets at least one of the criteria contained in | 2901 |
|
division (A)(1) of this section and that the disability is | 2902 |
|
expected to continue for six consecutive months or less. The | 2903 |
|
health care provider shall state on the prescription the length of | 2904 |
|
time the health care provider expects the applicant to have the | 2905 |
|
disability that limits or impairs the applicant's ability to walk, | 2906 |
|
which cannot exceed six months from the date of the prescription. | 2907 |
|
Upon receipt of an application for a temporary removable | 2908 |
|
windshield placard, presentation of the prescription from the | 2909 |
|
applicant's health care provider, and payment of a service fee | 2910 |
|
equal to the amount specified in division (D) or (G) of section | 2911 |
|
4503.10 of the Revised Code, the registrar or deputy registrar | 2912 |
|
shall issue to the applicant a temporary removable windshield | 2913 |
|
placard. | 2914 |
| (b) Any active-duty member of the armed forces of the United | 2915 |
|
States, including the reserve components of the armed forces and | 2916 |
|
the national guard, who has an illness or injury that limits or | 2917 |
|
impairs the ability to walk may apply to the registrar or a deputy | 2918 |
|
registrar for a temporary removable windshield placard. With the | 2919 |
|
application, the person shall present evidence of the person's | 2920 |
|
active-duty status and the illness or injury. Evidence of the | 2921 |
|
illness or injury may include a current department of defense | 2922 |
|
convalescent leave statement, any department of defense document | 2923 |
|
indicating that the person currently has an ill or injured | 2924 |
|
casualty status or has limited duties, or a prescription from any | 2925 |
|
health care provider prescribing the placard for the applicant. | 2926 |
|
Upon receipt of the application and the necessary evidence, the | 2927 |
|
registrar or deputy registrar shall issue the applicant the | 2928 |
|
temporary removable windshield placard without the payment of any | 2929 |
|
service fee. | 2930 |
| (2) The temporary removable windshield placard shall be of | 2931 |
|
the same size and form as the removable windshield placard, shall | 2932 |
|
be printed in white on a red-colored background, and shall bear | 2933 |
|
the word "temporary" in letters of such size as the registrar | 2934 |
|
shall prescribe. A temporary removable windshield placard also | 2935 |
|
shall bear the date of expiration on the front and back of the | 2936 |
|
placard, and shall be valid until expired, surrendered, or | 2937 |
|
revoked, but in no case shall such a placard be valid for a period | 2938 |
|
of less than sixty days. The registrar shall provide the | 2939 |
|
application form and shall determine the information to be | 2940 |
|
included on it, provided that the registrar shall not require a | 2941 |
|
health care provider's prescription or certification for a person | 2942 |
|
applying under division (E)(1)(b) of this section. The registrar | 2943 |
|
also shall determine the material of which the temporary removable | 2944 |
|
windshield placard is to be made and any other information to be | 2945 |
|
included on the placard and shall adopt rules relating to the | 2946 |
|
issuance, expiration, surrender, revocation, and proper display of | 2947 |
|
those placards. Any temporary removable windshield placard issued | 2948 |
|
after October 14, 1999, shall be manufactured in a manner that | 2949 |
|
allows for the expiration date of the placard to be indicated on | 2950 |
|
it through the punching, drilling, boring, or creation by any | 2951 |
|
other means of holes in the placard. | 2952 |
| (F) If an applicant for a removable windshield placard is a | 2953 |
|
veteran of the armed forces of the United States whose disability, | 2954 |
|
as defined in division (A)(1) of this section, is | 2955 |
|
service-connected, the registrar or deputy registrar, upon receipt | 2956 |
|
of the application, presentation of a signed statement from the | 2957 |
|
applicant's health care provider certifying the applicant's | 2958 |
|
disability, and presentation of such documentary evidence from the | 2959 |
|
department of veterans affairs that the disability of the | 2960 |
|
applicant meets at least one of the criteria identified in | 2961 |
|
division (A)(1) of this section and is service-connected as the | 2962 |
|
registrar may require by rule, but without the payment of any | 2963 |
|
service fee, shall issue the applicant a removable windshield | 2964 |
|
placard that is valid until expired, surrendered, or revoked. | 2965 |
| (G) Upon a conviction of a violation of division (I), (J), or | 2966 |
|
(K) of this section, the court shall report the conviction, and | 2967 |
|
send the placard or parking card, if available, to the registrar, | 2968 |
|
who thereupon shall revoke the privilege of using the placard or | 2969 |
|
parking card and send notice in writing to the placardholder or | 2970 |
|
cardholder at that holder's last known address as shown in the | 2971 |
|
records of the bureau, and the placardholder or cardholder shall | 2972 |
|
return the placard or card if not previously surrendered to the | 2973 |
|
court, to the registrar within ten days following mailing of the | 2974 |
|
notice. | 2975 |
| (H) Subject to division (F) of section 4511.69 of the Revised | 2982 |
|
Code, the operator of a motor vehicle displaying a removable | 2983 |
|
windshield placard, temporary removable windshield placard, | 2984 |
|
parking card, or the special license plates authorized by this | 2985 |
|
section is entitled to park the motor vehicle in any special | 2986 |
|
parking location reserved for persons with disabilities that limit | 2987 |
|
or impair the ability to walk, also known as handicapped parking | 2988 |
|
spaces or disability parking spaces. | 2989 |
| (b) "Organization" means any private organization or | 3022 |
|
corporation, or any governmental board, agency, department, | 3023 |
|
division, or office, that, as part of its business or program, | 3024 |
transports handicapped persons with disabilities on a regular | 3025 |
|
basis in a motor vehicle that has not been altered for the | 3026 |
|
purposes of providing it with special equipment for use by | 3027 |
handicapped persons with disabilities. | 3028 |
| (N) In addition to the fees collected under this section, the | 3046 |
|
registrar or deputy registrar shall ask each person applying for a | 3047 |
|
removable windshield placard or temporary removable windshield | 3048 |
|
placard or duplicate removable windshield placard or license plate | 3049 |
|
issued under this section, whether the person wishes to make a | 3050 |
|
two-dollar voluntary contribution to support rehabilitation | 3051 |
|
employment services. The registrar shall transmit the | 3052 |
|
contributions received under this division to the treasurer of | 3053 |
|
state for deposit into the rehabilitation employment fund, which | 3054 |
|
is hereby created in the state treasury. A deputy registrar shall | 3055 |
|
transmit the contributions received under this division to the | 3056 |
|
registrar in the time and manner prescribed by the registrar. The | 3057 |
contributions in the fund shall be used by the rehabilitation | 3058 |
services commissionopportunities for Ohioans with disabilities | 3059 |
|
agency to purchase services related to vocational evaluation, work | 3060 |
|
adjustment, personal adjustment, job placement, job coaching, and | 3061 |
|
community-based assessment from accredited community | 3062 |
|
rehabilitation program facilities. | 3063 |
| (P) All applications for registration of motor vehicles, | 3080 |
|
removable windshield placards, and temporary removable windshield | 3081 |
|
placards issued under this section, all renewal notices for such | 3082 |
|
items, and all other publications issued by the bureau that relate | 3083 |
|
to this section shall set forth the criminal penalties that may be | 3084 |
|
imposed upon a person who violates any provision relating to | 3085 |
|
special license plates issued under this section, the parking of | 3086 |
|
vehicles displaying such license plates, and the issuance, | 3087 |
|
procurement, use, and display of removable windshield placards and | 3088 |
|
temporary removable windshield placards issued under this section. | 3089 |
| (b) "Alcohol monitoring device" means any device that | 3095 |
|
provides for continuous alcohol monitoring, any ignition interlock | 3096 |
|
device, any immobilizing or disabling device other than an | 3097 |
|
ignition interlock device that is constantly available to monitor | 3098 |
|
the concentration of alcohol in a person's system, or any other | 3099 |
|
device that provides for the automatic testing and periodic | 3100 |
|
reporting of alcohol consumption by a person and that a court | 3101 |
|
orders a person to use as a sanction imposed as a result of the | 3102 |
|
person's conviction of or plea of guilty to an offense. | 3103 |
| (2) Any person who operates a vehicle, streetcar, or | 3104 |
|
trackless trolley upon a highway or any public or private property | 3105 |
|
used by the public for vehicular travel or parking within this | 3106 |
|
state or who is in physical control of a vehicle, streetcar, or | 3107 |
|
trackless trolley shall be deemed to have given consent to a | 3108 |
|
chemical test or tests of the person's whole blood, blood serum or | 3109 |
|
plasma, breath, or urine to determine the alcohol, drug of abuse, | 3110 |
|
controlled substance, metabolite of a controlled substance, or | 3111 |
|
combination content of the person's whole blood, blood serum or | 3112 |
|
plasma, breath, or urine if arrested for a violation of division | 3113 |
|
(A) or (B) of section 4511.19 of the Revised Code, section | 3114 |
|
4511.194 of the Revised Code or a substantially equivalent | 3115 |
|
municipal ordinance, or a municipal OVI ordinance. | 3116 |
| (5)(a) If a law enforcement officer arrests a person for a | 3130 |
|
violation of division (A) or (B) of section 4511.19 of the Revised | 3131 |
|
Code, section 4511.194 of the Revised Code or a substantially | 3132 |
|
equivalent municipal ordinance, or a municipal OVI ordinance and | 3133 |
|
if the person if convicted would be required to be sentenced under | 3134 |
|
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 3135 |
|
Code, the law enforcement officer shall request the person to | 3136 |
|
submit, and the person shall submit, to a chemical test or tests | 3137 |
|
of the person's whole blood, blood serum or plasma, breath, or | 3138 |
|
urine for the purpose of determining the alcohol, drug of abuse, | 3139 |
|
controlled substance, metabolite of a controlled substance, or | 3140 |
|
combination content of the person's whole blood, blood serum or | 3141 |
|
plasma, breath, or urine. A law enforcement officer who makes a | 3142 |
|
request pursuant to this division that a person submit to a | 3143 |
|
chemical test or tests is not required to advise the person of the | 3144 |
|
consequences of submitting to, or refusing to submit to, the test | 3145 |
|
or tests and is not required to give the person the form described | 3146 |
|
in division (B) of section 4511.192 of the Revised Code, but the | 3147 |
|
officer shall advise the person at the time of the arrest that if | 3148 |
|
the person refuses to take a chemical test the officer may employ | 3149 |
|
whatever reasonable means are necessary to ensure that the person | 3150 |
|
submits to a chemical test of the person's whole blood or blood | 3151 |
|
serum or plasma. The officer shall also advise the person at the | 3152 |
|
time of the arrest that the person may have an independent | 3153 |
|
chemical test taken at the person's own expense. Divisions (A)(3) | 3154 |
|
and (4) of this section apply to the administration of a chemical | 3155 |
|
test or tests pursuant to this division. | 3156 |
| (b) If a person refuses to submit to a chemical test upon a | 3157 |
|
request made pursuant to division (A)(5)(a) of this section, the | 3158 |
|
law enforcement officer who made the request may employ whatever | 3159 |
|
reasonable means are necessary to ensure that the person submits | 3160 |
|
to a chemical test of the person's whole blood or blood serum or | 3161 |
|
plasma. A law enforcement officer who acts pursuant to this | 3162 |
|
division to ensure that a person submits to a chemical test of the | 3163 |
|
person's whole blood or blood serum or plasma is immune from | 3164 |
|
criminal and civil liability based upon a claim for assault and | 3165 |
|
battery or any other claim for the acts, unless the officer so | 3166 |
|
acted with malicious purpose, in bad faith, or in a wanton or | 3167 |
|
reckless manner. | 3168 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 3169 |
|
officer who arrested a person for a violation of division (A) or | 3170 |
|
(B) of section 4511.19 of the Revised Code, section 4511.194 of | 3171 |
|
the Revised Code or a substantially equivalent municipal | 3172 |
|
ordinance, or a municipal OVI ordinance that was completed and | 3173 |
|
sent to the registrar of motor vehicles and a court pursuant to | 3174 |
|
section 4511.192 of the Revised Code in regard to a person who | 3175 |
|
refused to take the designated chemical test, the registrar shall | 3176 |
|
enter into the registrar's records the fact that the person's | 3177 |
|
driver's or commercial driver's license or permit or nonresident | 3178 |
|
operating privilege was suspended by the arresting officer under | 3179 |
|
this division and that section and the period of the suspension, | 3180 |
|
as determined under this section. The suspension shall be subject | 3181 |
|
to appeal as provided in section 4511.197 of the Revised Code. The | 3182 |
|
suspension shall be for whichever of the following periods | 3183 |
|
applies: | 3184 |
| (c) If the arrested person, within six years of the date on | 3198 |
|
which the person refused the request to consent to the chemical | 3199 |
|
test, had refused two previous requests to consent to a chemical | 3200 |
|
test, had been convicted of or pleaded guilty to two violations of | 3201 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 3202 |
|
other equivalent offenses, or had refused one previous request to | 3203 |
|
consent to a chemical test and also had been convicted of or | 3204 |
|
pleaded guilty to one violation of division (A) or (B) of section | 3205 |
|
4511.19 of the Revised Code or other equivalent offenses, which | 3206 |
|
violation or offense arose from an incident other than the | 3207 |
|
incident that led to the refusal, the suspension shall be a class | 3208 |
|
A suspension imposed for the period of time specified in division | 3209 |
|
(B)(1) of section 4510.02 of the Revised Code. | 3210 |
| (d) If the arrested person, within six years of the date on | 3211 |
|
which the person refused the request to consent to the chemical | 3212 |
|
test, had refused three or more previous requests to consent to a | 3213 |
|
chemical test, had been convicted of or pleaded guilty to three or | 3214 |
|
more violations of division (A) or (B) of section 4511.19 of the | 3215 |
|
Revised Code or other equivalent offenses, or had refused a number | 3216 |
|
of previous requests to consent to a chemical test and also had | 3217 |
|
been convicted of or pleaded guilty to a number of violations of | 3218 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 3219 |
|
other equivalent offenses that cumulatively total three or more | 3220 |
|
such refusals, convictions, and guilty pleas, the suspension shall | 3221 |
|
be for five years. | 3222 |
| (2) The registrar shall terminate a suspension of the | 3223 |
|
driver's or commercial driver's license or permit of a resident or | 3224 |
|
of the operating privilege of a nonresident, or a denial of a | 3225 |
|
driver's or commercial driver's license or permit, imposed | 3226 |
|
pursuant to division (B)(1) of this section upon receipt of notice | 3227 |
|
that the person has entered a plea of guilty to, or that the | 3228 |
|
person has been convicted after entering a plea of no contest to, | 3229 |
|
operating a vehicle in violation of section 4511.19 of the Revised | 3230 |
|
Code or in violation of a municipal OVI ordinance, if the offense | 3231 |
|
for which the conviction is had or the plea is entered arose from | 3232 |
|
the same incident that led to the suspension or denial. | 3233 |
| (C)(1) Upon receipt of the sworn report of the law | 3241 |
|
enforcement officer who arrested a person for a violation of | 3242 |
|
division (A) or (B) of section 4511.19 of the Revised Code or a | 3243 |
|
municipal OVI ordinance that was completed and sent to the | 3244 |
|
registrar and a court pursuant to section 4511.192 of the Revised | 3245 |
|
Code in regard to a person whose test results indicate that the | 3246 |
|
person's whole blood, blood serum or plasma, breath, or urine | 3247 |
|
contained at least the concentration of alcohol specified in | 3248 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 3249 |
|
Revised Code or at least the concentration of a listed controlled | 3250 |
|
substance or a listed metabolite of a controlled substance | 3251 |
|
specified in division (A)(1)(j) of section 4511.19 of the Revised | 3252 |
|
Code, the registrar shall enter into the registrar's records the | 3253 |
|
fact that the person's driver's or commercial driver's license or | 3254 |
|
permit or nonresident operating privilege was suspended by the | 3255 |
|
arresting officer under this division and section 4511.192 of the | 3256 |
|
Revised Code and the period of the suspension, as determined under | 3257 |
|
divisions (C)(1)(a) to (d) of this section. The suspension shall | 3258 |
|
be subject to appeal as provided in section 4511.197 of the | 3259 |
|
Revised Code. The suspension described in this division does not | 3260 |
|
apply to, and shall not be imposed upon, a person arrested for a | 3261 |
|
violation of section 4511.194 of the Revised Code or a | 3262 |
|
substantially equivalent municipal ordinance who submits to a | 3263 |
|
designated chemical test. The suspension shall be for whichever of | 3264 |
|
the following periods applies: | 3265 |
| (2) The registrar shall terminate a suspension of the | 3289 |
|
driver's or commercial driver's license or permit of a resident or | 3290 |
|
of the operating privilege of a nonresident, or a denial of a | 3291 |
|
driver's or commercial driver's license or permit, imposed | 3292 |
|
pursuant to division (C)(1) of this section upon receipt of notice | 3293 |
|
that the person has entered a plea of guilty to, or that the | 3294 |
|
person has been convicted after entering a plea of no contest to, | 3295 |
|
operating a vehicle in violation of section 4511.19 of the Revised | 3296 |
|
Code or in violation of a municipal OVI ordinance, if the offense | 3297 |
|
for which the conviction is had or the plea is entered arose from | 3298 |
|
the same incident that led to the suspension or denial. | 3299 |
| (2) If a person is arrested for operating a vehicle, | 3316 |
|
streetcar, or trackless trolley in violation of division (A) or | 3317 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 3318 |
|
ordinance, or for being in physical control of a vehicle, | 3319 |
|
streetcar, or trackless trolley in violation of section 4511.194 | 3320 |
|
of the Revised Code or a substantially equivalent municipal | 3321 |
|
ordinance, regardless of whether the person's driver's or | 3322 |
|
commercial driver's license or permit or nonresident operating | 3323 |
|
privilege is or is not suspended under division (B) or (C) of this | 3324 |
|
section or Chapter 4510. of the Revised Code, the person's initial | 3325 |
|
appearance on the charge resulting from the arrest shall be held | 3326 |
|
within five days of the person's arrest or the issuance of the | 3327 |
|
citation to the person, subject to any continuance granted by the | 3328 |
|
court pursuant to section 4511.197 of the Revised Code regarding | 3329 |
|
the issues specified in that division. | 3330 |
| (F) At the end of a suspension period under this section, | 3338 |
|
under section 4511.194, section 4511.196, or division (G) of | 3339 |
|
section 4511.19 of the Revised Code, or under section 4510.07 of | 3340 |
|
the Revised Code for a violation of a municipal OVI ordinance and | 3341 |
|
upon the request of the person whose driver's or commercial | 3342 |
|
driver's license or permit was suspended and who is not otherwise | 3343 |
|
subject to suspension, cancellation, or disqualification, the | 3344 |
|
registrar shall return the driver's or commercial driver's license | 3345 |
|
or permit to the person upon the occurrence of all of the | 3346 |
|
conditions specified in divisions (F)(1) and (2) of this section: | 3347 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 3368 |
|
the indigent drivers alcohol treatment fund, which is hereby | 3369 |
|
established in the state treasury. Except as otherwise provided in | 3370 |
|
division (F)(2)(c) of this section, moneys in the fund shall be | 3371 |
|
distributed by the department of alcohol and drug addiction | 3372 |
|
services to the county indigent drivers alcohol treatment funds, | 3373 |
|
the county juvenile indigent drivers alcohol treatment funds, and | 3374 |
|
the municipal indigent drivers alcohol treatment funds that are | 3375 |
|
required to be established by counties and municipal corporations | 3376 |
|
pursuant to division (H) of this section, and shall be used only | 3377 |
|
to pay the cost of an alcohol and drug addiction treatment program | 3378 |
|
attended by an offender or juvenile traffic offender who is | 3379 |
|
ordered to attend an alcohol and drug addiction treatment program | 3380 |
|
by a county, juvenile, or municipal court judge and who is | 3381 |
|
determined by the county, juvenile, or municipal court judge not | 3382 |
|
to have the means to pay for the person's attendance at the | 3383 |
|
program or to pay the costs specified in division (H)(4) of this | 3384 |
|
section in accordance with that division. In addition, a county, | 3385 |
|
juvenile, or municipal court judge may use moneys in the county | 3386 |
|
indigent drivers alcohol treatment fund, county juvenile indigent | 3387 |
|
drivers alcohol treatment fund, or municipal indigent drivers | 3388 |
|
alcohol treatment fund to pay for the cost of the continued use of | 3389 |
|
an alcohol monitoring device as described in divisions (H)(3) and | 3390 |
|
(4) of this section. Moneys in the fund that are not distributed | 3391 |
|
to a county indigent drivers alcohol treatment fund, a county | 3392 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 3393 |
|
indigent drivers alcohol treatment fund under division (H) of this | 3394 |
|
section because the director of alcohol and drug addiction | 3395 |
|
services does not have the information necessary to identify the | 3396 |
|
county or municipal corporation where the offender or juvenile | 3397 |
|
offender was arrested may be transferred by the director of budget | 3398 |
|
and management to the statewide treatment and prevention fund | 3399 |
|
created by section 4301.30 of the Revised Code, upon certification | 3400 |
|
of the amount by the director of alcohol and drug addiction | 3401 |
|
services. | 3402 |
| (h) Fifty dollars shall be credited to the indigent drivers | 3423 |
|
interlock and alcohol monitoring fund, which is hereby established | 3424 |
|
in the state treasury. Moneys in the fund shall be distributed by | 3425 |
|
the department of public safety to the county indigent drivers | 3426 |
|
interlock and alcohol monitoring funds, the county juvenile | 3427 |
|
indigent drivers interlock and alcohol monitoring funds, and the | 3428 |
|
municipal indigent drivers interlock and alcohol monitoring funds | 3429 |
|
that are required to be established by counties and municipal | 3430 |
|
corporations pursuant to this section, and shall be used only to | 3431 |
|
pay the cost of an immobilizing or disabling device, including a | 3432 |
|
certified ignition interlock device, or an alcohol monitoring | 3433 |
|
device used by an offender or juvenile offender who is ordered to | 3434 |
|
use the device by a county, juvenile, or municipal court judge and | 3435 |
|
who is determined by the county, juvenile, or municipal court | 3436 |
|
judge not to have the means to pay for the person's use of the | 3437 |
|
device. | 3438 |
| (3) If a person's driver's or commercial driver's license or | 3439 |
|
permit is suspended under this section, under section 4511.196 or | 3440 |
|
division (G) of section 4511.19 of the Revised Code, under section | 3441 |
|
4510.07 of the Revised Code for a violation of a municipal OVI | 3442 |
|
ordinance or under any combination of the suspensions described in | 3443 |
|
division (F)(3) of this section, and if the suspensions arise from | 3444 |
|
a single incident or a single set of facts and circumstances, the | 3445 |
|
person is liable for payment of, and shall be required to pay to | 3446 |
|
the registrar or an eligible deputy registrar, only one | 3447 |
|
reinstatement fee of four hundred seventy-five dollars. The | 3448 |
|
reinstatement fee shall be distributed by the bureau in accordance | 3449 |
|
with division (F)(2) of this section. | 3450 |
| (4) The attorney general shall use amounts in the drug abuse | 3451 |
|
resistance education programs fund to award grants to law | 3452 |
|
enforcement agencies to establish and implement drug abuse | 3453 |
|
resistance education programs in public schools. Grants awarded to | 3454 |
|
a law enforcement agency under this section shall be used by the | 3455 |
|
agency to pay for not more than fifty per cent of the amount of | 3456 |
|
the salaries of law enforcement officers who conduct drug abuse | 3457 |
|
resistance education programs in public schools. The attorney | 3458 |
|
general shall not use more than six per cent of the amounts the | 3459 |
|
attorney general's office receives under division (F)(2)(e) of | 3460 |
|
this section to pay the costs it incurs in administering the grant | 3461 |
|
program established by division (F)(2)(e) of this section and in | 3462 |
|
providing training and materials relating to drug abuse resistance | 3463 |
|
education programs. | 3464 |
| (G) Suspension of a commercial driver's license under | 3478 |
|
division (B) or (C) of this section shall be concurrent with any | 3479 |
|
period of disqualification under section 3123.611 or 4506.16 of | 3480 |
|
the Revised Code or any period of suspension under section 3123.58 | 3481 |
|
of the Revised Code. No person who is disqualified for life from | 3482 |
|
holding a commercial driver's license under section 4506.16 of the | 3483 |
|
Revised Code shall be issued a driver's license under Chapter | 3484 |
|
4507. of the Revised Code during the period for which the | 3485 |
|
commercial driver's license was suspended under division (B) or | 3486 |
|
(C) of this section. No person whose commercial driver's license | 3487 |
|
is suspended under division (B) or (C) of this section shall be | 3488 |
|
issued a driver's license under Chapter 4507. of the Revised Code | 3489 |
|
during the period of the suspension. | 3490 |
| (H)(1) Each county shall establish an indigent drivers | 3491 |
|
alcohol treatment fund, each county shall establish a juvenile | 3492 |
|
indigent drivers alcohol treatment fund, and each municipal | 3493 |
|
corporation in which there is a municipal court shall establish an | 3494 |
|
indigent drivers alcohol treatment fund. All revenue that the | 3495 |
|
general assembly appropriates to the indigent drivers alcohol | 3496 |
|
treatment fund for transfer to a county indigent drivers alcohol | 3497 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3498 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3499 |
|
fund, all portions of fees that are paid under division (F) of | 3500 |
|
this section and that are credited under that division to the | 3501 |
|
indigent drivers alcohol treatment fund in the state treasury for | 3502 |
|
a county indigent drivers alcohol treatment fund, a county | 3503 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 3504 |
|
indigent drivers alcohol treatment fund, all portions of | 3505 |
|
additional costs imposed under section 2949.094 of the Revised | 3506 |
|
Code that are specified for deposit into a county, county | 3507 |
|
juvenile, or municipal indigent drivers alcohol treatment fund by | 3508 |
|
that section, and all portions of fines that are specified for | 3509 |
|
deposit into a county or municipal indigent drivers alcohol | 3510 |
|
treatment fund by section 4511.193 of the Revised Code shall be | 3511 |
|
deposited into that county indigent drivers alcohol treatment | 3512 |
|
fund, county juvenile indigent drivers alcohol treatment fund, or | 3513 |
|
municipal indigent drivers alcohol treatment fund. The portions of | 3514 |
|
the fees paid under division (F) of this section that are to be so | 3515 |
|
deposited shall be determined in accordance with division (H)(2) | 3516 |
|
of this section. Additionally, all portions of fines that are paid | 3517 |
|
for a violation of section 4511.19 of the Revised Code or of any | 3518 |
|
prohibition contained in Chapter 4510. of the Revised Code, and | 3519 |
|
that are required under section 4511.19 or any provision of | 3520 |
|
Chapter 4510. of the Revised Code to be deposited into a county | 3521 |
|
indigent drivers alcohol treatment fund or municipal indigent | 3522 |
|
drivers alcohol treatment fund shall be deposited into the | 3523 |
|
appropriate fund in accordance with the applicable division of the | 3524 |
|
section or provision. | 3525 |
| (3) Expenditures from a county indigent drivers alcohol | 3561 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3562 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3563 |
|
fund shall be made only upon the order of a county, juvenile, or | 3564 |
|
municipal court judge and only for payment of the cost of an | 3565 |
|
assessment or the cost of the attendance at an alcohol and drug | 3566 |
|
addiction treatment program of a person who is convicted of, or | 3567 |
|
found to be a juvenile traffic offender by reason of, a violation | 3568 |
|
of division (A) of section 4511.19 of the Revised Code or a | 3569 |
|
substantially similar municipal ordinance, who is ordered by the | 3570 |
|
court to attend the alcohol and drug addiction treatment program, | 3571 |
|
and who is determined by the court to be unable to pay the cost of | 3572 |
|
the assessment or the cost of attendance at the treatment program | 3573 |
|
or for payment of the costs specified in division (H)(4) of this | 3574 |
|
section in accordance with that division. The alcohol and drug | 3575 |
|
addiction services board or the board of alcohol, drug addiction, | 3576 |
|
and mental health services established pursuant to section 340.02 | 3577 |
|
or 340.021 of the Revised Code and serving the alcohol, drug | 3578 |
|
addiction, and mental health service district in which the court | 3579 |
|
is located shall administer the indigent drivers alcohol treatment | 3580 |
|
program of the court. When a court orders an offender or juvenile | 3581 |
|
traffic offender to obtain an assessment or attend an alcohol and | 3582 |
|
drug addiction treatment program, the board shall determine which | 3583 |
|
program is suitable to meet the needs of the offender or juvenile | 3584 |
|
traffic offender, and when a suitable program is located and space | 3585 |
|
is available at the program, the offender or juvenile traffic | 3586 |
|
offender shall attend the program designated by the board. A | 3587 |
|
reasonable amount not to exceed five per cent of the amounts | 3588 |
|
credited to and deposited into the county indigent drivers alcohol | 3589 |
|
treatment fund, the county juvenile indigent drivers alcohol | 3590 |
|
treatment fund, or the municipal indigent drivers alcohol | 3591 |
|
treatment fund serving every court whose program is administered | 3592 |
|
by that board shall be paid to the board to cover the costs it | 3593 |
|
incurs in administering those indigent drivers alcohol treatment | 3594 |
|
programs. | 3595 |
| (a) If the source of the moneys was an appropriation of the | 3603 |
|
general assembly, a portion of a fee that was paid under division | 3604 |
|
(F) of this section, a portion of a fine that was specified for | 3605 |
|
deposit into the fund by section 4511.193 of the Revised Code, or | 3606 |
|
a portion of a fine that was paid for a violation of section | 3607 |
|
4511.19 of the Revised Code or of a provision contained in Chapter | 3608 |
|
4510. of the Revised Code that was required to be deposited into | 3609 |
|
the fund, to pay for the continued use of an alcohol monitoring | 3610 |
|
device by an offender or juvenile traffic offender, in conjunction | 3611 |
|
with a treatment program approved by the department of alcohol and | 3612 |
|
drug addiction services, when such use is determined clinically | 3613 |
|
necessary by the treatment program and when the court determines | 3614 |
|
that the offender or juvenile traffic offender is unable to pay | 3615 |
|
all or part of the daily monitoring or cost of the device; | 3616 |
| (b) If the source of the moneys was a portion of an | 3617 |
|
additional court cost imposed under section 2949.094 of the | 3618 |
|
Revised Code, to pay for the continued use of an alcohol | 3619 |
|
monitoring device by an offender or juvenile traffic offender when | 3620 |
|
the court determines that the offender or juvenile traffic | 3621 |
|
offender is unable to pay all or part of the daily monitoring or | 3622 |
|
cost of the device. The moneys may be used for a device as | 3623 |
|
described in this division if the use of the device is in | 3624 |
|
conjunction with a treatment program approved by the department of | 3625 |
|
alcohol and drug addiction services, when the use of the device is | 3626 |
|
determined clinically necessary by the treatment program, but the | 3627 |
|
use of a device is not required to be in conjunction with a | 3628 |
|
treatment program approved by the department in order for the | 3629 |
|
moneys to be used for the device as described in this division. | 3630 |
| (4) If a county, juvenile, or municipal court determines, in | 3631 |
|
consultation with the alcohol and drug addiction services board or | 3632 |
|
the board of alcohol, drug addiction, and mental health services | 3633 |
|
established pursuant to section 340.02 or 340.021 of the Revised | 3634 |
|
Code and serving the alcohol, drug addiction, and mental health | 3635 |
|
district in which the court is located, that the funds in the | 3636 |
|
county indigent drivers alcohol treatment fund, the county | 3637 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 3638 |
|
indigent drivers alcohol treatment fund under the control of the | 3639 |
|
court are more than sufficient to satisfy the purpose for which | 3640 |
|
the fund was established, as specified in divisions (H)(1) to (3) | 3641 |
|
of this section, the court may declare a surplus in the fund. If | 3642 |
|
the court declares a surplus in the fund, the court may expend the | 3643 |
|
amount of the surplus in the fund for: | 3644 |
| (6) The court shall identify and refer any alcohol and drug | 3668 |
|
addiction program that is not certified under section 3793.06 of | 3669 |
|
the Revised Code and that is interested in receiving amounts from | 3670 |
|
the surplus in the fund declared under division (H)(4) of this | 3671 |
|
section to the department of alcohol and drug addiction services | 3672 |
|
in order for the program to become a certified alcohol and drug | 3673 |
|
addiction program. The department shall keep a record of applicant | 3674 |
|
referrals received pursuant to this division and shall submit a | 3675 |
|
report on the referrals each year to the general assembly. If a | 3676 |
|
program interested in becoming certified makes an application to | 3677 |
|
become certified pursuant to section 3793.06 of the Revised Code, | 3678 |
|
the program is eligible to receive surplus funds as long as the | 3679 |
|
application is pending with the department. The department of | 3680 |
|
alcohol and drug addiction services must offer technical | 3681 |
|
assistance to the applicant. If the interested program withdraws | 3682 |
|
the certification application, the department must notify the | 3683 |
|
court, and the court shall not provide the interested program with | 3684 |
|
any further surplus funds. | 3685 |
| (b) The report, which shall be submitted not later than sixty | 3692 |
|
days after the end of the state fiscal year, shall provide the | 3693 |
|
total payment that was made from the fund, including the number of | 3694 |
|
indigent consumers that received treatment services and the number | 3695 |
|
of indigent consumers that received an alcohol monitoring device. | 3696 |
|
The report shall identify the treatment program and expenditure | 3697 |
|
for an alcohol monitoring device for which that payment was made. | 3698 |
|
The report shall include the fiscal year balance of each indigent | 3699 |
|
drivers alcohol treatment fund located in that board's area. In | 3700 |
|
the event that a surplus is declared in the fund pursuant to | 3701 |
|
division (H)(4) of this section, the report also shall provide the | 3702 |
|
total payment that was made from the surplus moneys and identify | 3703 |
|
the treatment program and expenditure for an alcohol monitoring | 3704 |
|
device for which that payment was made. The department may require | 3705 |
|
additional information necessary to complete the comprehensive | 3706 |
|
statewide alcohol and drug addiction services plan as required by | 3707 |
|
section 3793.04 of the Revised Code. | 3708 |
| (I)(1) Each county shall establish an indigent drivers | 3713 |
|
interlock and alcohol monitoring fund and a juvenile indigent | 3714 |
|
drivers interlock and alcohol treatment fund, and each municipal | 3715 |
|
corporation in which there is a municipal court shall establish an | 3716 |
|
indigent drivers interlock and alcohol monitoring fund. All | 3717 |
|
revenue that the general assembly appropriates to the indigent | 3718 |
|
drivers interlock and alcohol monitoring fund for transfer to a | 3719 |
|
county indigent drivers interlock and alcohol monitoring fund, a | 3720 |
|
county juvenile indigent drivers interlock and alcohol monitoring | 3721 |
|
fund, or a municipal indigent drivers interlock and alcohol | 3722 |
|
monitoring fund, all portions of license reinstatement fees that | 3723 |
|
are paid under division (F)(2) of this section and that are | 3724 |
|
credited under that division to the indigent drivers interlock and | 3725 |
|
alcohol monitoring fund in the state treasury, and all portions of | 3726 |
|
fines that are paid under division (G) of section 4511.19 of the | 3727 |
|
Revised Code and that are credited by division (G)(5)(e) of that | 3728 |
|
section to the indigent drivers interlock and alcohol monitoring | 3729 |
|
fund in the state treasury shall be deposited in the appropriate | 3730 |
|
fund in accordance with division (I)(2) of this section. | 3731 |
| (C) In consultation with persons interested and involved in | 3879 |
|
the reentry of ex-offenders into the community, including, but not | 3880 |
|
limited to, service providers, community-based organizations, and | 3881 |
|
local governments, the coalition shall identify and examine social | 3882 |
|
service barriers and other obstacles to the reentry of | 3883 |
|
ex-offenders into the community. Not later than one year after | 3884 |
|
April 7, 2009, and on or before the same date of each year | 3885 |
|
thereafter, the coalition shall submit to the speaker of the house | 3886 |
|
of representatives and the president of the senate a report, | 3887 |
|
including recommendations for legislative action, the activities | 3888 |
|
of the coalition, and the barriers affecting the successful | 3889 |
|
reentry of ex-offenders into the community. The report shall | 3890 |
|
analyze the effects of those barriers on ex-offenders and on their | 3891 |
|
children and other family members in various areas, including but | 3892 |
|
not limited to, the following: | 3893 |
| Sec. 5123.022. It is hereby declared to be the policy of this | 3925 |
|
state that employment services for individuals with developmental | 3926 |
|
disabilities be directed at placement whenever possible of each | 3927 |
|
individual in a position in the community in which the individual | 3928 |
|
is integrated with the employer's other workers who are not | 3929 |
|
developmentally disabled. The departments of developmental | 3930 |
|
disabilities, education, job and family services, and mental | 3931 |
health; the rehabilitation services commissionopportunities for | 3932 |
|
Ohioans with disabilities agency; and each other state agency that | 3933 |
|
provides employment services to individuals with developmental | 3934 |
|
disabilities shall implement this policy and ensure that it is | 3935 |
|
followed whenever employment services are provided to individuals | 3936 |
|
with developmental disabilities. | 3937 |
| The department of developmental disabilities shall coordinate | 3938 |
|
the actions taken by state agencies to comply with the state's | 3939 |
|
policy. Agencies shall collaborate within their divisions and with | 3940 |
|
each other to ensure that state programs, policies, procedures, | 3941 |
|
and funding support competitive and integrated employment of | 3942 |
|
individuals with developmental disabilities. State agencies shall | 3943 |
|
share information with the department, and the department shall | 3944 |
|
track progress toward full implementation of the policy. The | 3945 |
|
department, in coordination with any task force established by the | 3946 |
|
governor, shall compile data and annually submit to the governor a | 3947 |
|
report on implementation of the policy. | 3948 |
| A county board may acquire, convey, lease, or sell property | 3961 |
|
for residential services and supported living and enter into loan | 3962 |
|
agreements, including mortgages, for the acquisition of such | 3963 |
|
property. A county board is not required to comply with provisions | 3964 |
|
of Chapter 307. of the Revised Code providing for competitive | 3965 |
|
bidding or sheriff sales in the acquisition, lease, conveyance, or | 3966 |
|
sale of property under this division, but the acquisition, lease, | 3967 |
|
conveyance, or sale must be at fair market value determined by | 3968 |
|
appraisal of one or more disinterested persons appointed by the | 3969 |
|
board. | 3970 |
| (B)(1) To the extent that resources are available, in | 3976 |
|
addition to sheltered employment and work activities provided as | 3977 |
|
adult services pursuant to division (A)(3) of section 5126.05 of | 3978 |
|
the Revised Code, a county board of developmental disabilities may | 3979 |
|
provide or arrange for job training, vocational evaluation, and | 3980 |
|
community employment services to mentally retarded and | 3981 |
|
developmentally disabled individuals who are age eighteen and | 3982 |
|
older and not enrolled in a program or service under Chapter 3323. | 3983 |
|
of the Revised Code or age sixteen or seventeen and eligible for | 3984 |
|
adult services under rules adopted by the director of | 3985 |
|
developmental disabilities under Chapter 119. of the Revised Code. | 3986 |
|
These services shall be provided in accordance with the | 3987 |
|
individual's individual service or habilitation plan and shall | 3988 |
|
include support services specified in the plan. | 3989 |
| Section 2. That existing sections 121.35, 121.37, 123.01, | 4008 |
|
124.11, 125.602, 125.603, 127.16, 191.02, 2151.83, 3303.41, | 4009 |
|
3304.11, 3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, | 4010 |
|
3304.18, 3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, | 4011 |
|
3304.23, 3304.231, 3304.24, 3304.25, 3304.27, 3304.28, 3304.41, | 4012 |
|
3501.01, 3798.01, 4112.31, 4121.69, 4123.57, 4503.44, 4511.191, | 4013 |
|
5107.64, 5111.709, 5120.07, 5123.022, and 5126.051 and sections | 4014 |
| 3304.26 and 3304.38 of the Revised Code are hereby repealed. | 4015 |
| Section 3. On the effective date of this act, the | 4016 |
|
Rehabilitation Services Commission is renamed the Opportunities | 4017 |
|
for Ohioans with Disabilities Agency. The Rehabilitation Services | 4018 |
|
Commission's functions, and its assets and liabilities, are | 4019 |
|
transferred to the Opportunities for Ohioans with Disabilities | 4020 |
|
Agency. The Opportunities for Ohioans with Disabilities Agency is | 4021 |
|
successor to, assumes the obligations and authority of, and | 4022 |
|
otherwise continues the Rehabilitation Services Commission. No | 4023 |
|
right, privilege, or remedy, and no duty, liability, or | 4024 |
|
obligation, accrued under the Rehabilitation Services Commission | 4025 |
|
is impaired or lost by reason of the renaming and shall be | 4026 |
|
recognized, administered, performed, or enforced by the | 4027 |
|
Opportunities for Ohioans with Disabilities Agency. | 4028 |
| No pending action or proceeding being prosecuted or defended | 4062 |
|
in court or before an agency by the Rehabilitation Services | 4063 |
|
Commission or the Administrator of the Rehabilitation Services | 4064 |
|
Commission is affected by the renaming and shall be prosecuted or | 4065 |
|
defended in the name of the Opportunities for Ohioans with | 4066 |
|
Disabilities Agency or the Executive Director of the Opportunities | 4067 |
|
for Ohioans with Disabilities Agency, whichever is appropriate. | 4068 |
|
Upon application to the court or agency, the Opportunities for | 4069 |
|
Ohioans with Disabilities Agency or the Executive Director of the | 4070 |
|
Opportunities for Ohioans with Disabilities Agency shall be | 4071 |
|
substituted. | 4072 |
