2006 Ohio Revised Code - 5112.31. Annual franchise permit fee.

§ 5112.31. Annual franchise permit fee.
 

The department of job and family services shall do all of the following: 

(A) For the purpose of providing home and community-based services for mentally retarded and developmentally disabled persons, annually assess each intermediate care facility for the mentally retarded a franchise permit fee equal to nine dollars and sixty-three cents multiplied, except as adjusted under section 5112.311 [5112.31.1] of the Revised Code, by the product of the following: 

(1) The number of beds certified under Title XIX of the "Social Security Act" on the first day of May of the calendar year in which the assessment is determined pursuant to division (A) of section 5112.33 of the Revised Code; 

(2) The number of days in the fiscal year beginning on the first day of July of the same calendar year. 

(B) Beginning July 1, 2007, and the first day of each July thereafter, adjust fees determined under division (A) of this section in accordance with the composite inflation factor established in rules adopted under section 5112.39 of the Revised Code. 

(C) If the United States secretary of health and human services determines that the franchise permit fee established by sections 5112.30 to 5112.39 of the Revised Code would be an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all necessary actions to cease implementation of those sections in accordance with rules adopted under section 5112.39 of the Revised Code. 
 

HISTORY: 145 v H 152 (Eff 7-1-93); 145 v H 715 (Eff 4-22-94); 146 v H 117 (Eff 6-30-95); 148 v H 471. Eff 7-1-2000; 150 v H 95, § 1, eff. 7-1-03; 151 v H 66, § 101.01, eff. 7-1-05; 151 v H 530, § 101.01, eff. 6-30-06.
 

The effective date is set by § 812.03 of 151 v H 530. 

The effective date is set by § 612.18 of 151 v H 66. 

The effective date is set by section 199 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

151 v H 530, effective June 30, 2006, in the introductory language of (A), inserted the exception. 

151 v H 66, effective July 1, 2005, added "do all of the following" to the end of the introductory paragraph; in (B), substituted "2007" for "2005"; redesignated the former final paragraph as (C); and, in present (C), deleted "the department shall" preceding "take all necessary". 

H.B. 95, Acts 2003, effective July 1, 2003, substituted "sixty-three" for "twenty-four" in the introductory paragraph of (A); in (B), substituted "Beginning" for "not later than," and "2005" for "1996."