2006 Ohio Revised Code - [2743.19.1] 2743.191.Reparations fund.

[§ 2743.19.1] § 2743.191. Reparations fund.
 

(A) (1)  There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes: 

(a) The payment of awards of reparations that are granted by the attorney general; 

(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code; 

(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code; 

(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general; 

(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code; 

(f) The costs of investigation and decision-making as certified by the attorney general; 

(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code; 

(h) The costs of paying the expenses of sex offense-related examinations and antibiotics pursuant to section 2907.28 of the Revised Code; 

(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code; 

(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code; 

(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 [109.57.3] of the Revised Code; 

(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year; 

(m) The costs of administering the adult parole authority's supervision of sexually violent predators with an active global positioning system device pursuant to section 2971.05 of the Revised Code. 

(2) All costs paid pursuant to section 2743.70 of the Revised Code, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 [4511.19.1] of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 [4503.23.4] of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund. 

(B)  In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official: 

(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more. 

(2) The expense shall be charged against all available unencumbered moneys in the fund. 

(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations. 

(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid. 

(C)  The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section. 

(D)  The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them. 

(E)  As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 [109.57.3] of the Revised Code. 
 

HISTORY: 136 v H 82 (Eff 9-29-76); 137 v S 221 (Eff 11-23-77); 138 v H 238 (Eff 8-8-80); 139 v S 30 (Eff 3-18-83); 140 v S 172 (Eff 9-26-84); 141 v H 201 (Eff 7-1-85); 141 v H 657 (Eff 9-12-86); 142 v S 308 (Eff 3-14-89); 143 v H 111 (Eff 7-1-89); 144 v S 275 (Eff 7-1-93); 145 v H 152 (Eff 7-1-93); 145 v S 62, §§ 4, 5 (Eff 9-1-93); 146 v H 117 (Eff 6-30-95); 146 v H 353 (Eff 9-17-96); 148 v S 153 (Eff 7-1-2000); 149 v H 427. Eff 8-29-2002; 149 v S 123, § 1, eff. 1-1-04; 150 v H 95, § 1, eff. 6-26-03; 150 v S 5, § 1, eff. 7-31-03; 150 v H 95, § 3.13, eff. 1-1-04; 150 v S 5, § 3, eff. 1-1-04; 150 v H 525, § 1, eff. 5-18-05; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

The provisions of § 4 of H.B. 525 (150 v  - ) read as follows: 

SECTION 4. Section 2743.191 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 5 of the 125th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

The provisions of § 222 of H.B. 95 (150 v  - ) and § 7 of S.B. 5 (150 v  - ) both read as follows: 

SECTION 222 [SECTION 7]. * * * Section 2743.191 of the Revised Code is presented in Section 3 of this act as a composite of the section as amended by both Sub. H.B. 427 and Am. Sub. S.B. 123 of the 124th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in Section 3 of this act. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

 

Effect of Amendments

151 v H 66, effective September 29, 2005, added (A)(1)(m). 

150 v H 525, effective May 18, 2005, rewrote (A)(1)(k). 

Section 1, S.B. 5, Acts 2003, effective July 31, 2003, and section 3 of S.B. 5, effective January 1, 2004, made identical changes. Each added (A)(1)(l). 

Section 1, H.B. 95, Acts 2003, effective June 26, 2003, and section 3.13 of H.B. 95, effective January 1, 2004, made identical changes. Each substituted "(J)" for "(B)" in (A)(1)(c); and added "only if the amount of the award is fifty dollars or more" to the end of (B)(1). 

S.B. 123, Acts 2002, effective January 1, 2004, in (A), substituted "division (F)(2)(b)" for "division (L)(2)(b)" and "division (C)(2)" for "division (D)(2)."