As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 850 5
1997-1998 6
REPRESENTATIVES JOHNSON-SYKES 8
_________________________________________________________________ 9
A B I L L
To amend sections 111.15, 119.01, 122.011, 123.15, 12
125.023, 125.101, 125.81, 126.03, 126.14, 127.14, 13
127.16, 133.04, 133.06, 153.01, 153.04, 153.05, 14
153.06, 153.07, 153.08, 153.09, 153.10, 153.11, 15
153.12, 153.17, 153.32, 153.33, 153.34, 153.50, 16
153.571, 153.62, 156.03, 163.01, 166.03, 166.07,
351.01, 351.03, 351.141, 901.82, 901.83, 3315.01, 17
3316.03, 3317.0212, 3317.03, 3318.03, 3318.04, 18
3318.12, 3318.15, 3318.25, 3333.071, 3345.50, 19
3379.10, 5119.16, and 5739.024; to amend, for the
purpose of adopting a new section number as 20
indicated in parentheses, section 125.101 21
(153.16); to enact sections 121.372, 126.15, 22
3318.11, and 5120.135; and to repeal section
3345.51 of the Revised Code and to amend Sections 24
20, 29, 40, and 112 of Am. Sub. H.B. 215 of the
122nd General Assembly; to amend Section 190 of 25
Am. Sub. H.B. 215 of the 122nd General Assembly, 26
as amended by Am. Sub. H.B. 770 of the 122nd
General Assembly; to amend Section 18 of Am. Sub. 27
H.B. 650 of the 122nd General Assembly, as 28
amended by Am. Sub. H.B. 770 of the 122nd General
Assembly; to amend Sections 7, 10, 11, 21.12, 25, 29
and 30.21 of Am. Sub. S.B. 230 of the 122nd 30
General Assembly; and to repeal Section 190 of
Am. Sub. H.B. 215 of the 122nd General Assembly 31
to make capital appropriations for the biennium 32
ending June 30, 2000; and to provide
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authorization and conditions for the operation of 33
state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 111.15, 119.01, 122.011, 123.15, 38
125.023, 125.101, 125.81, 126.03, 126.14, 127.14, 127.16, 133.04, 39
133.06, 153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 153.09, 40
153.10, 153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 153.50, 41
153.571, 153.62, 156.03, 163.01, 166.03, 166.07, 351.01, 351.03, 42
351.141, 901.82, 901.83, 3315.01, 3316.03, 3317.0212, 3317.03, 43
3318.03, 3318.04, 3318.12, 3318.15, 3318.25, 3333.071, 3345.50, 44
3379.10, 5119.16, and 5739.024 be amended; section 125.101 45
(153.16) be amended for the purpose of adopting a new section 46
number as indicated in parentheses; and sections 121.372, 126.15, 47
3318.11, and 5120.135 of the Revised Code be enacted to read as 48
follows:
Sec. 111.15. (A) As used in this section: 57
(1) "Rule" includes any rule, regulation, bylaw, or 59
standard having a general and uniform operation adopted by an 60
agency under the authority of the laws governing the agency; any 61
appendix to a rule; and any internal management rule. "Rule" 62
does not include any guideline adopted pursuant to section 63
3301.0714 of the Revised Code, any order respecting the duties of 64
employees, any finding, any determination of a question of law or 65
fact in a matter presented to an agency, or any rule promulgated 66
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 67
of section 5117.02, or section 5703.14 of the Revised Code. 68
"Rule" includes any amendment or rescission of a rule. 69
(2) "Agency" means any governmental entity of the state 71
and includes, but is not limited to, any board, department, 72
division, commission, bureau, society, council, institution, 73
state college or university, community college district, 74
technical college district, or state community college. "Agency" 75
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does not include the general assembly, THE CONTROLLING BOARD, the 77
adjutant general's department, or any court. 78
(3) "Internal management rule" means any rule, regulation, 80
bylaw, or standard governing the day-to-day staff procedures and 81
operations within an agency. 82
(4) "Substantive revision" has the same meaning as in 84
division (J) of section 119.01 of the Revised Code. 85
(B)(1) Any rule, other than a rule of an emergency nature, 87
adopted by any agency pursuant to this section shall be effective 88
on the tenth day after the day on which the rule in final form 89
and in compliance with division (B)(3) of this section is filed 90
as follows: 91
(a) Two certified copies of the rule shall be filed with 93
both the secretary of state and the director of the legislative 94
service commission; 95
(b) Two certified copies of the rule shall be filed with 97
the joint committee on agency rule review. Division (B)(1)(b) of 98
this section does not apply to any rule to which division (D) of 99
this section does not apply. 100
An agency that adopts or amends a rule that is subject to 102
division (D) of this section shall assign a review date to the 104
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 105
assigned to a rule exceeds the five-year maximum, the review date 106
for the rule is five years after its effective date. A rule with 107
a review date is subject to review under section 119.032 of the 108
Revised Code. This paragraph does not apply to a rule of a state 110
college or university, community college district, technical
college district, or state community college. 111
If all copies are not filed on the same day, the rule shall 113
be effective on the tenth day after the day on which the latest 114
filing is made. If an agency in adopting a rule designates an 115
effective date that is later than the effective date provided for 116
by division (B)(1) of this section, the rule if filed as required 117
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by such division shall become effective on the later date 118
designated by the agency. 119
Any rule that is required to be filed under division (B)(1) 121
of this section is also subject to division (D) of this section 122
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 124
or (8) of this section.
(2) A rule of an emergency nature necessary for the 126
immediate preservation of the public peace, health, or safety 127
shall state the reasons for the necessity. Copies of the 128
emergency rule, in final form and in compliance with division 129
(B)(3) of this section, shall be filed as follows: two certified 130
copies of the emergency rule shall be filed with both the 131
secretary of state and the director of the legislative service 132
commission, and one certified copy of the emergency rule shall be 133
filed with the joint committee on agency rule review. The 134
emergency rule is effective immediately upon the latest filing, 135
except that if the agency in adopting the emergency rule 136
designates an effective date, or date and time of day, that is 137
later than the effective date and time provided for by division 138
(B)(2) of this section, the emergency rule if filed as required 139
by such division shall become effective at the later date, or 140
later date and time of day, designated by the agency. 141
An emergency rule becomes invalid at the end of the 143
ninetieth day it is in effect. Prior to that date, the agency 144
may file the emergency rule as a nonemergency rule in compliance 145
with division (B)(1) of this section. The agency may not refile 146
the emergency rule in compliance with division (B)(2) of this 147
section so that, upon the emergency rule becoming invalid under 148
such division, the emergency rule will continue in effect without 149
interruption for another ninety-day period. 150
(3) An agency shall file a rule under division (B)(1) or 152
(2) of this section in compliance with the following standards 153
and procedures: 154
(a) The rule shall be numbered in accordance with the 156
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numbering system devised by the director for the Ohio 157
administrative code. 158
(b) The rule shall be prepared and submitted in compliance 160
with the rules of the legislative service commission. 161
(c) The rule shall clearly state the date on which it is 163
to be effective and the date on which it will expire, if known. 164
(d) Each rule that amends or rescinds another rule shall 166
clearly refer to the rule that is amended or rescinded. Each 167
amendment shall fully restate the rule as amended. 168
If the director of the legislative service commission or 170
the director's designee gives an agency written notice pursuant 172
to section 103.05 of the Revised Code that a rule filed by the 173
agency is not in compliance with the rules of the legislative 174
service commission, the agency shall within thirty days after 175
receipt of the notice conform the rule to the rules of the 176
commission as directed in the notice. 177
(C) All rules filed pursuant to divisions (B)(1)(a) and 179
(2) of this section shall be recorded by the secretary of state 180
and the director under the title of the agency adopting the rule 181
and shall be numbered according to the numbering system devised 182
by the director. The secretary of state and the director shall 183
preserve the rules in an accessible manner. Each such rule shall 184
be a public record open to public inspection and may be lent to 185
any law publishing company that wishes to reproduce it. 186
(D) At least sixty days before a board, commission, 188
department, division, or bureau of the government of the state 189
files a rule under division (B)(1) of this section, it shall file 190
two copies of the full text of the proposed rule with the joint 192
committee on agency rule review, and the proposed rule is subject 195
to legislative review and invalidation under division (I) of 196
section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive 197
revision in a proposed rule after it is filed with the joint 198
committee, the state board, commission, department, division, or 200
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bureau shall promptly file two copies of the full text of the 202
proposed rule in its revised form with the joint committee. The 203
latest version of a proposed rule as filed with the joint 204
committee supersedes each earlier version of the text of the same 206
proposed rule. Except as provided in division (F) of this 207
section, a state board, commission, department, division, or 208
bureau shall attach one copy of the rule summary and fiscal 209
analysis prepared under section 121.24 or 127.18 of the Revised 210
Code, or both, to each copy of a proposed rule, and to each copy 211
of a proposed rule in revised form, that is filed under this 212
division. 213
As used in this division, "commission" includes the public 215
utilities commission when adopting rules under a federal or state 216
statute.
This division does not apply to any of the following: 218
(1) A proposed rule of an emergency nature; 220
(2) A rule proposed under section 1121.05, 1121.06, 222
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 223
4123.411, 4123.44, or 4123.442 of the Revised Code; 225
(3) A rule proposed by an agency other than a board, 227
commission, department, division, or bureau of the government of 228
the state; 229
(4) A proposed internal management rule of a board, 231
commission, department, division, or bureau of the government of 232
the state; 233
(5) Any proposed rule that must be adopted verbatim by an 235
agency pursuant to federal law or rule, to become effective 236
within sixty days of adoption, in order to continue the operation 237
of a federally reimbursed program in this state, so long as the 238
proposed rule contains both of the following: 239
(a) A statement that it is proposed for the purpose of 241
complying with a federal law or rule; 242
(b) A citation to the federal law or rule that requires 244
verbatim compliance. 245
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(6) An initial rule proposed by the director of health to 247
impose safety standards, quality-of-care standards, and 248
quality-of-care data reporting requirements with respect to a 249
health service specified in section 3702.11 of the Revised Code, 250
or an initial rule proposed by the director to impose quality 252
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 253
Code requires that the rule be adopted under this section; 254
(7) A rule of the state lottery commission pertaining to 256
instant game rules. 257
(E) Whenever a state board, commission, department, 259
division, or bureau files a proposed rule or a proposed rule in 260
revised form under division (D) of this section, it shall also 261
file one copy of the full text of the same proposed rule or 262
proposed rule in revised form with the secretary of state and two 263
copies thereof with the director of the legislative service 264
commission. Except as provided in division (F) of this section, 265
a state board, commission, department, division, or bureau shall 266
attach a copy of the rule summary and fiscal analysis prepared 267
under section 121.24 or 127.18 of the Revised Code, or both, to 268
each copy of a proposed rule or proposed rule in revised form 269
that is filed with the secretary of state or the director of the 270
legislative service commission. 271
(F) Except as otherwise provided in this division, the 273
auditor of state or the auditor of state's designee is not 274
required to attach a rule summary and fiscal analysis to any copy 276
of a proposed rule, or proposed rule in revised form, that the 277
auditor of state proposes under section 117.12, 117.19, 117.38, 279
or 117.43 of the Revised Code and files under division (D) or (E) 280
of this section. If, however, the auditor of state or the 281
designee prepares a rule summary and fiscal analysis of the 282
original version of such a proposed rule for purposes of 283
complying with section 121.24 of the Revised Code, the auditor of 284
state or designee shall attach a copy of the rule summary and 285
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fiscal analysis to each copy of the original version of the 286
proposed rule filed under division (D) or (E) of this section. 287
Sec. 119.01. As used in sections 119.01 to 119.13 of the 296
Revised Code: 297
(A) "Agency" means, except as limited by this division, 299
any official, board, or commission having authority to promulgate 300
rules or make adjudications in the bureau of employment services, 301
the civil service commission, the department or, on and after 302
July 1, 1997, the division of liquor control, the department of 303
taxation, the industrial commission, the bureau of workers' 304
compensation, the functions of any administrative or executive 305
officer, department, division, bureau, board, or commission of 306
the government of the state specifically made subject to sections 307
119.01 to 119.13 of the Revised Code, and the licensing functions 308
of any administrative or executive officer, department, division, 309
bureau, board, or commission of the government of the state 310
having the authority or responsibility of issuing, suspending, 311
revoking, or canceling licenses. 312
Except as otherwise provided in division (I) of this 315
section, sections 119.01 to 119.13 of the Revised Code do not 316
apply to the public utilities commission. Sections 119.01 to 317
119.13 of the Revised Code do not apply to the utility 318
radiological safety board,; TO THE CONTROLLING BOARD; to actions 320
of the superintendent of financial institutions and the
superintendent of insurance in the taking possession of, and 322
rehabilitation or liquidation of, the business and property of 323
banks, savings and loan associations, savings banks, credit 324
unions, insurance companies, associations, reciprocal fraternal 325
benefit societies, and bond investment companies,; or to any 326
action that may be taken by the superintendent of financial 327
institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 328
1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 330
1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,
1733.412, or 1761.03 of the Revised Code. 331
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Sections 119.01 to 119.13 of the Revised Code do not apply 334
to actions of the industrial commission or the bureau of workers' 335
compensation under sections 4123.01 to 4123.94 of the Revised 336
Code with respect to all matters of adjudication, and to the 337
actions of the industrial commission and bureau of workers' 338
compensation under division (D) of section 4121.32 and sections 339
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
4123.442, and divisions (B), (C), and (E) of section 4131.14 of 341
the Revised Code. 342
Sections 119.01 to 119.13 of the Revised Code do not apply 345
to actions of the bureau of employment services, except those 346
relating to all of the following:
(1) The adoption, amendment, or rescission of rules; 349
(2) The issuance, suspension, revocation, or cancellation 351
of licenses;
(3) Any hearing held pursuant to sections 4115.03 to 353
4115.16 of the Revised Code or Chapter 4109. or 4111. of the 354
Revised Code.
(B) "License" means any license, permit, certificate, 356
commission, or charter issued by any agency. "License" does not 357
include any arrangement whereby a person, institution, or entity 358
furnishes medicaid services under a provider agreement with the 359
department of human services pursuant to Title XIX of the "Social 360
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 361
(C) "Rule" means any rule, regulation, or standard, having 363
a general and uniform operation, adopted, promulgated, and 364
enforced by any agency under the authority of the laws governing 365
such agency, and includes any appendix to a rule. "Rule" does 366
not include any internal management rule of an agency unless the 367
internal management rule affects private rights and does not 368
include any guideline adopted pursuant to section 3301.0714 of 369
the Revised Code. 370
(D) "Adjudication" means the determination by the highest 372
or ultimate authority of an agency of the rights, duties, 373
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privileges, benefits, or legal relationships of a specified 374
person, but does not include the issuance of a license in 375
response to an application with respect to which no question is 376
raised, nor other acts of a ministerial nature. 377
(E) "Hearing" means a public hearing by any agency in 379
compliance with procedural safeguards afforded by sections 119.01 380
to 119.13 of the Revised Code. 381
(F) "Person" means a person, firm, corporation, 383
association, or partnership. 384
(G) "Party" means the person whose interests are the 386
subject of an adjudication by an agency. 387
(H) "Appeal" means the procedure by which a person, 389
aggrieved by a finding, decision, order, or adjudication of any 390
agency, invokes the jurisdiction of a court. 391
(I) "Rule-making agency" means any board, commission, 393
department, division, or bureau of the government of the state 394
that is required to file proposed rules, amendments, or 395
rescissions under division (D) of section 111.15 of the Revised 396
Code and any agency that is required to file proposed rules, 397
amendments, or rescissions under divisions (B) and (H) of section 398
119.03 of the Revised Code. "Rule-making agency" includes the 399
public utilities commission. "Rule-making agency" does not 401
include any state-supported college or university. 402
(J) "Substantive revision" means any addition to, 404
elimination from, or other change in a rule, an amendment of a 405
rule, or a rescission of a rule, whether of a substantive or 406
procedural nature, that changes any of the following: 407
(1) That which the rule, amendment, or rescission permits, 409
authorizes, regulates, requires, prohibits, penalizes, rewards, 410
or otherwise affects; 411
(2) The scope or application of the rule, amendment, or 413
rescission. 414
(K) "Internal management rule" means any rule, regulation, 416
or standard governing the day-to-day staff procedures and 417
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operations within an agency. 418
Sec. 121.372. (A) AS USED IN THIS SECTION: 420
(1) "DEPARTMENT" INCLUDES THE STATE BOARD OF EDUCATION. 422
(2)(a) "SUBSTITUTE CARE PROVIDER" MEANS A PERSON OR 425
GOVERNMENT ENTITY THAT MUST MEET CERTIFICATION OR LICENSURE 426
STANDARDS ESTABLISHED BY RULES ADOPTED BY A DEPARTMENT 427
REPRESENTED ON THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL 429
FOR THE PROVISION OF OUT-OF-HOME CARE TO A MINOR IN THE PLACE OF 430
THE MINOR'S PARENT OR GUARDIAN. "SUBSTITUTE CARE PROVIDER" 431
INCLUDES ALL OF THE FOLLOWING:
(i) AN ALCOHOL AND DRUG ADDICTION PROGRAM SUBJECT TO 434
CERTIFICATION UNDER SECTION 3793.06 OF THE REVISED CODE; 436
(ii) AN INSTITUTION OR ASSOCIATION SUBJECT TO 438
CERTIFICATION UNDER SECTION 5103.03 OF THE REVISED CODE; 441
(iii) A CRISIS NURSERY SUBJECT TO LICENSURE UNDER SECTION 444
5103.031 OF THE REVISED CODE; 445
(iv) A HOSPITAL TREATING MENTALLY ILL PERSONS SUBJECT TO 448
LICENSURE UNDER SECTION 5119.20 OF THE REVISED CODE; 450
(v) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER 453
SECTION 5119.22 OF THE REVISED CODE; 455
(vi) A COMMUNITY MENTAL HEALTH PROGRAM, AGENCY, OR 457
FACILITY SUBJECT TO CERTIFICATION UNDER DIVISION (M) OF SECTION 459
5119.61 OF THE REVISED CODE; 461
(vii) A HABILITATION CENTER SUBJECT TO CERTIFICATION UNDER 464
SECTION 5123.041 OF THE REVISED CODE; 466
(viii) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER 469
SECTION 5123.19 OF THE REVISED CODE; 471
(ix) A RESPITE CARE HOME SUBJECT TO CERTIFICATION UNDER 474
DIVISION (A)(9) OF SECTION 5126.05 OF THE REVISED CODE. 476
(b) "SUBSTITUTE CARE PROVIDER" DOES NOT MEAN ANY OF THE 479
FOLLOWING:
(i) A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS 482
DEFINED IN SECTION 3301.52 OF THE REVISED CODE; 484
(ii) A CHILD DAY-CARE CENTER, TYPE A FAMILY DAY-CARE HOME, 487
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OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN SECTION 5104.01 OF 489
THE REVISED CODE; 491
(iii) AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY 494
RETARDED, AS DEFINED IN SECTION 5111.20 OF THE REVISED CODE; 496
(iv) ANY OTHER PERSON OR GOVERNMENT ENTITY THE OHIO FAMILY 499
AND CHILDREN FIRST CABINET COUNCIL DOES NOT CONSIDER TO BE A 500
SUBSTITUTE CARE PROVIDER. 501
(B) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF 504
THIS SECTION, THE MEMBERS OF THE OHIO FAMILY AND CHILDREN FIRST 506
CABINET COUNCIL, OTHER THAN THE DIRECTOR OF BUDGET AND 507
MANAGEMENT, SHALL ENTER INTO AN AGREEMENT TO ESTABLISH AN OFFICE 508
TO PERFORM THE DUTIES PRESCRIBED BY DIVISION (C) OF THIS SECTION. 509
THE AGREEMENT SHALL SPECIFY ONE OF THE DEPARTMENTS REPRESENTED ON 510
THE COUNCIL AS THE DEPARTMENT RESPONSIBLE FOR HOUSING AND 511
SUPERVISING THE OFFICE. THE AGREEMENT SHALL INCLUDE THE 512
RECOMMENDATION OF THE COUNCIL FOR FUNDING THE OFFICE. 514
(C) THE OFFICE ESTABLISHED PURSUANT TO THE AGREEMENT 517
ENTERED INTO UNDER THIS SECTION SHALL REVIEW RULES GOVERNING THE 518
CERTIFICATION AND LICENSURE OF SUBSTITUTE CARE PROVIDERS AND 519
DETERMINE WHICH OF THE RULES CAN BE MADE SUBSTANTIVELY IDENTICAL 520
OR MORE SIMILAR IN ORDER TO MINIMIZE THE NUMBER OF DIFFERING 521
CERTIFICATION AND LICENSURE STANDARDS AND SIMPLIFY THE 522
CERTIFICATION OR LICENSURE PROCESS FOR SUBSTITUTE CARE PROVIDERS 523
SEEKING CERTIFICATION OR LICENSURE FROM TWO OR MORE OF THE 524
DEPARTMENTS REPRESENTED ON THE COUNCIL. THE OFFICE SHALL REPORT 525
ITS FINDINGS TO THE COUNCIL. EACH OF THE DEPARTMENTS REPRESENTED 526
ON THE COUNCIL THAT HAS ADOPTED RULES GOVERNING THE CERTIFICATION 527
OR LICENSURE OF SUBSTITUTE CARE PROVIDERS SHALL AMEND THE RULES 528
AS NECESSARY TO IMPLEMENT THE OFFICE'S DETERMINATIONS, EXCEPT 529
THAT NO RULE SHALL BE AMENDED SO AS TO MAKE IT INCONSISTENT WITH 530
SUBSTITUTE CARE PROVIDER CERTIFICATION OR LICENSURE PROCEDURES 531
AND STANDARDS ESTABLISHED BY FEDERAL OR STATE LAW. IN AMENDING A 532
RULE, A DEPARTMENT SHALL COMPLY WITH CHAPTER 119. OR SECTION 534
111.15 OF THE REVISED CODE, AS REQUIRED BY THE REVISED CODE 538
13
SECTION GOVERNING THE ADOPTION OF THE PARTICULAR RULE. 539
(D) IN ACCORDANCE WITH SECTION 124.27 OF THE REVISED CODE, 543
THE COUNCIL SHALL SELECT A COORDINATOR TO OVERSEE THE OFFICE 544
ESTABLISHED PURSUANT TO THE AGREEMENT ENTERED INTO UNDER THIS 545
SECTION. THE COORDINATOR SHALL BE IN THE CLASSIFIED SERVICE. IN 547
ADDITION TO OVERSEEING THE OFFICE, THE COORDINATOR SHALL PERFORM 548
ANY OTHER DUTIES THE COUNCIL ASSIGNS TO THE COORDINATOR.
Sec. 122.011. (A) The department of development shall 557
develop and promote plans and programs designed to assure that 558
state resources are efficiently used, economic growth is properly 559
balanced, community growth is developed in an orderly manner, and 560
local governments are coordinated with each other and the state, 561
and for such THOSE purposes may do all of the following: 562
(1) Serve as a clearinghouse for information, data, and 564
other materials that may be helpful or necessary to persons or 565
local governments, as provided in section 122.07 of the Revised 566
Code; 567
(2) Prepare and activate plans for the retention, 569
development, expansion, and use of the resources and commerce of 570
the state, as provided in section 122.04 of the Revised Code; 571
(3) Assist and cooperate with federal, state, and local 573
governments and agencies of federal, state, and local governments 575
in the coordination of programs to carry out the functions and
duties of the department; 576
(4) Encourage and foster research and development 578
activities, conduct studies related to the solution of community 579
problems, and develop recommendations for administrative or 580
legislative actions, as provided in section 122.03 of the Revised 581
Code; 582
(5) Serve as the economic and community development 584
planning agency, which shall prepare and recommend plans and 585
programs for the orderly growth and development of this state and 586
which shall provide planning assistance, as provided in section 587
122.06 of the Revised Code; 588
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(6) Cooperate with and provide technical assistance to 590
state departments, political subdivisions, regional and local 591
planning commissions, tourist associations, councils of 592
government, community development groups, community action 593
agencies, and other appropriate organizations for carrying out 594
the functions and duties of the department or for the solution of 595
community problems.; 596
(7) Coordinate the activities of state agencies that have 598
an impact on carrying out the functions and duties of the 599
department; 600
(8) Encourage and assist the efforts of and cooperate with 602
local governments to develop mutual and cooperative solutions to 603
their common problems that relate to carrying out the purposes of 604
this section; 605
(9) Study existing structure, operations, AND financing of 607
regional or local government and those state activities that 608
involve significant relations with regional or local governmental 609
units, recommend to the governor and to the general assembly such 610
changes in these provisions and activities as THAT will improve 611
the operations of regional or local government, and conduct other 613
studies of legal provisions that affect problems related to 614
carrying out the purposes of this section; 615
(10) Appoint, with the approval of the governor, technical 618
and other advisory councils as it considers appropriate, as 619
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 621
development to develop and administer programs and activities 622
that are authorized by federal statute or the Revised Code; 623
(12) Until June 30, 1999, review, analyze, and summarize 626
applications and information regarding the family farm loan 627
program forwarded to the department by a financial institution 628
pursuant to section 901.81 of the Revised Code, and forward the 631
applications, information, analyses, and summaries to the 632
director of agriculture; 633
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(13) Until June 30, 1999, establish fees and charges, in 635
consultation with the director of agriculture, for purchasing 637
loans from financial institutions and providing loan guarantees 638
under the family farm loan program created under sections 901.80 640
to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 642
loan guarantees provided under section 901.80 of the Revised Code 644
as such THAT section existed prior to June 30, 1999; 646
(15) Until June 30, 1999, and upon approval by the 649
controlling board, THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE 650
DIRECTOR'S DESIGNEE under division (A)(3) of section 901.82 of 651
the Revised Code of the release of money to be used for 654
purchasing a loan or providing a loan guarantee, request the
release of such THE money in accordance with division (B) of 657
section 166.03 of the Revised Code for use for the purposes of 660
the fund created by section 166.031 of the Revised Code. 661
(B) The department, by rule, shall establish criteria 663
defining nonprofit corporations that are eligible for appointment 664
as qualified agents pursuant to sections 135.81 to 135.88 of the 665
Revised Code. The criteria shall require that a corporation be 666
organized pursuant to Chapter 1702. of the Revised Code and have 667
as its primary purpose the promotion of economic development or 668
the creation or retention of jobs and job opportunities. The 669
criteria may include a specification as to the professional 670
qualifications of the corporation employees, a minimum elapsed 671
period of time since the corporation was organized, current and 672
former activities of the corporation, and such other criteria 673
reasonably related to the foregoing that relate to the ability of 674
the corporation to act as a qualified agent for the purposes of 675
sections 135.51 to 135.88 of the Revised Code. 676
(C) The director of development may request the attorney 678
general to, and the attorney general, in accordance with section 679
109.02 of the Revised Code, shall bring a civil action in any 681
court of competent jurisdiction. The director may be sued in the 682
16
director's official capacity, in connection with this chapter, in 683
accordance with Chapter 2743. of the Revised Code.
Sec. 123.15. The director of administrative services may 692
enter into contracts with proper persons for the performance of 693
labor, the furnishing of materials, or the construction of any 694
structures and buildings necessary to the maintenance, control, 695
and management of the public works of the state, or any part 696
thereof. 697
The director shall require bonds of not less than one half 699
of the contract price from said contractors, payable to the state 700
and conditioned on the faithful performance of said contract. 701
Except in cases of extreme public exigency or emergency, 703
and when the cost of any proposed improvement or repair exceeds 704
five hundred FIFTY THOUSAND dollars, the director shall give 705
notice in a newspaper of general circulation in or contiguous to 706
the county where the contract is to be let and where the work is 707
to be done, and he THE DIRECTOR may also advertise in such trade 708
journals as will afford full information to the public of the 710
terms of the contract and the nature of the work to be performed 711
and the character of materials required, together with the time 712
of the letting and place and manner of receiving proposals BIDS. 713
Such contracts shall be awarded to the lowest responsive 715
and responsible bidder in accordance with section 9.312 of the 716
Revised Code, shall be in writing, and shall contain specific 717
prices for each kind of work to be performed and for materials to 718
be furnished by the parties. 719
Sec. 125.023. During the period of an emergency as defined 728
in section 5502.21 of the Revised Code, the department of 729
administrative services may suspend, with regard to the emergency 730
management agency established in section 5502.22 of the Revised 731
Code OR ANY OTHER STATE AGENCY PARTICIPATING IN RECOVERY 732
ACTIVITIES AS DEFINED IN SECTION 5502.21 OF THE REVISED CODE, the 733
purchasing and contracting requirements contained in sections 735
125.02 to 125.111 of the Revised Code AND ANY OF THE REQUIREMENTS 736
17
OF CHAPTER 153. OF THE REVISED CODE that otherwise would apply to 737
the agency. The director of public safety or the deputy director 738
of the emergency management agency shall make the request for the 739
suspension of the purchasing and contracting THESE requirements 740
to the department of administrative services concurrently with 741
the request to the governor or the president of the United States 742
for the declaration of an emergency. The governor also shall 743
include in any proclamation he THE GOVERNOR issues declaring an 744
emergency language requesting the suspension of those 745
requirements during the period of the emergency. 746
Sec. 125.81. The department of administrative services 755
shall: 756
(A) Analyze and inspect continuously the utilization of 758
all structures and real estate owned by the state or used by its 759
agencies; and analyze and inspect continuously the condition of 760
all such properties and their adequacy for the operations for 761
which they are used. 762
(B) Promulgate standards relating to the type of 764
architecture, plan of, and utilization of buildings and other 765
structures and public improvements. Such standards shall be 766
adhered to by the office of budget and management in examination 767
of budget requests. Such standards shall be made known to all 768
departments, institutions, universities, offices and other 769
agencies and bodies of the state, for their guidance in 770
preparation of requests and recommendations relative to new 771
buildings, new structures, or other public improvements. Before 772
promulgating such standards, the department of administrative 773
services shall hold public hearings on all proposed standards. 774
Reasonable public notice shall be given at least thirty days 775
prior to the date set for a hearing. 776
NOTHING IN THIS SECTION SHALL INTERFERE WITH THE DIRECTOR 778
OF TRANSPORTATION'S POWER TO PREPARE PLANS FOR, ACQUIRE 779
RIGHTS-OF-WAY FOR, CONSTRUCT, OR MAINTAIN TRANSPORTATION 780
FACILITIES, OR TO LET CONTRACTS FOR THOSE PURPOSES. 781
18
Sec. 126.03. (A) The director of budget and management 790
shall:
(A)(1) Prepare BIENNIALLY a capital plan that contains 793
AND, WITH THE CONCURRENCE OF THE GOVERNOR, SUBMIT IT TO THE
GENERAL ASSEMBLY. THE CAPITAL PLAN SHALL CONTAIN recommendations 794
as to the acquisition of real estate and the construction of all 795
public improvements. The capital plan shall extend through a 796
period of at least six years in the future and shall identify the 797
projects which should be undertaken in each fiscal year BIENNIUM 798
of the period through which the plan extends, together with 800
estimated costs of all such recommended projects. 801
(B)(2) Require biennially, from the chief administrative 803
authorities of affected state agencies, their recommendations as 804
to the acquisition of real estate and construction of public 805
improvements which will be needed through a period of at least 806
six years in the future, together with a description of each 807
proposed public improvement and the estimated capacity of the 808
improvement in terms of its proposed use, a demonstration of the 809
need for the real estate or public improvement, the benefits in 810
governmental operations expected to result from the acquisition 811
or construction, the state agencies which will occupy or control 812
the real estate or improvement, and the location of the real 813
estate or public improvement. The director shall evaluate such 814
recommended projects as to their validity and as to the 815
comparative degree of need among them; notify the chief 816
administrative authorities of the recommending agencies of the 817
action taken on each such recommendation; and consult with and 818
seek the recommendations of the chief administrative authorities 819
of the affected agencies on all projects being considered for 820
inclusion in the capital plan, whether originally proposed by the 821
director of budget and management or by a state agency. 822
(C) Prepare (3) AT THE REQUEST AND WITH THE CONCURRENCE 824
OF THE GOVERNOR, PREPARE and recommend, subject to the 825
concurrence of the governor, to the general assembly, on or 826
19
before the first day of April in each even-numbered year of the 827
regular session of the general assembly, a new BIENNIAL capital 828
plan, which shall be a revised version of the capital plan which 830
was in operation through the period since the last preceding 831
regular legislative session. The new capital plan shall include 832
a detailed progress report on the execution of capital 833
improvements, BUDGET THAT INCLUDES the recommendations of the 834
director of budget and management as to projects to be undertaken 835
OR REVISED during the forthcoming fiscal biennium and succeeding 837
fiscal years, and such other revisions as to projects or their 839
proper sequence as the director recommends FOLLOWING THE LATEST 840
BIENNIUM FOR WHICH A CAPITAL APPROPRIATIONS ACT WAS ENACTED. The 841
capital plan BUDGET shall include all projects which the director 843
considers to be necessary and feasible, whether originally 844
proposed by him THE DIRECTOR or by a state agency. 846
(D) Examine all plans, estimates of cost, and other data 848
which may be required, pertaining to each public improvement or 849
purchase of real estate, and determine whether the plans, 850
estimates of cost, and other data conform to the capital plan, as 851
required in section 153.04 of the Revised Code, and to the 852
standards promulgated under the authority of division (B) of 853
section 125.81 of the Revised Code. 854
Nothing in this section or section 125.81 of the Revised 856
Code shall interfere with the power of the director of 857
transportation in acquiring rights-of-way for the state highway 858
system or in letting contracts for the construction or 859
reconstruction of a highway. 860
(B) IN THE CAPITAL PLAN AND CAPITAL BUDGET PREPARED UNDER 862
THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL NOT 863
PROVIDE FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION 864
OF, OR RECONSTRUCTION OF TRANSPORTATION FACILITIES BY THE 865
DIRECTOR OF TRANSPORTATION, OTHER THAN TRANSPORTATION FACILITIES 866
FINANCED BY THE OHIO BUILDING AUTHORITY. DIVISION (A)(2) OF THIS 867
SECTION DOES NOT REQUIRE THE DIRECTOR OF TRANSPORTATION TO 868
20
PROVIDE TO THE DIRECTOR OF BUDGET AND MANAGEMENT RECOMMENDATIONS 869
FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION OF, OR
RECONSTRUCTION OF TRANSPORTATION FACILITIES, OTHER THAN 870
TRANSPORTATION FACILITIES FINANCED BY THE OHIO BUILDING 871
AUTHORITY.
Sec. 126.14. (A) The release of any money appropriated 881
for the purchase of real estate shall be approved by the 882
controlling board. The release of money appropriated for all 883
other capital projects is also subject to the approval of the 884
controlling board, except that the director of budget and
management may approve the release of money appropriated for 885
specific projects in accordance with the requirements of this 886
section. 887
(B) Within sixty days after the effective date of any act 889
appropriating money for capital projects, the director shall 890
determine which appropriations are for general projects and which 892
are for specific projects. Specific projects may include
specific higher education projects that are to be funded from 893
general purpose appropriations from the higher education 894
improvement fund created in section 154.21 of the Revised Code. 896
SPECIFIC PROJECTS ALSO MAY INCLUDE CAPITAL PROJECTS THAT ARE TO 897
BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE MENTAL
HEALTH FACILITIES IMPROVEMENT FUND CREATED IN SECTION 154.20 OF 898
THE REVISED CODE TO THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 899
SERVICES, DEPARTMENT OF MENTAL HEALTH, AND DEPARTMENT OF MENTAL 900
RETARDATION AND DEVELOPMENTAL DISABILITIES. Upon determining 901
which projects are general and which are specific, the director 902
shall submit to the controlling board a list that includes a 903
brief description of and the estimated expenditures for each 904
specific project. The
(C) THE release of money for any specific higher education 907
projects that are to be funded from general purpose 908
appropriations from the higher education improvement fund but AND 909
that are not included on the list, and the release of money for 911
21
any specific higher education projects included on the list that 912
will exceed the estimated expenditures by more than ten per cent, 913
are subject to the approval of the controlling board. The 914
director may create new appropriation line items and make 915
transfers of appropriations to them for specific higher education
projects included on the list that are to be funded from general 916
purpose appropriations for basic renovations that are made from 917
the higher education improvement fund. 918
(D) THE RELEASE OF MONEY FOR ANY PROJECTS THAT ARE TO BE 920
FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE MENTAL HEALTH 921
FACILITIES IMPROVEMENT FUND AND THAT ARE NOT INCLUDED ON THE 922
LIST, AND THE RELEASE OF MONEY FOR ANY SPECIFIC PROJECTS FUNDED 923
FROM THE MENTAL HEALTH FACILITIES IMPROVEMENT FUND THAT ARE ON 924
THE LIST AND THAT WILL EXCEED THE ESTIMATED EXPENDITURES BY MORE 925
THAN TEN PER CENT, ARE SUBJECT TO THE APPROVAL OF THE CONTROLLING 926
BOARD.
Sec. 126.15. IF THE DIRECTOR OF BUDGET AND MANAGEMENT 928
DETERMINES THAT ADJUSTMENTS TO THE CAPITAL OR OPERATING BUDGETS 929
ARE REQUIRED BECAUSE OF THE REORGANIZATION OF ADMINISTRATIVE 930
AGENCIES, THE TRANSFER OF PROGRAMS, THE CREATION OF NEW FUNDS, 931
THE MODIFICATION OF CAPITAL PROJECTS, OR THE CONSOLIDATION OF 932
FUNDS, AS AUTHORIZED BY AN ACT OF THE GENERAL ASSEMBLY, THE
DIRECTOR MAY BOTH REQUIRE THE HEAD OF THE ADMINISTERING AGENCY TO 933
CERTIFY THE ESTIMATED AMOUNT OF THE CASH BALANCE TO BE 934
TRANSFERRED TO THE RECEIVING FUND AND TRANSFER THE ESTIMATED 935
AMOUNT TO THE RECEIVING FUND WHEN NEEDED TO MAKE PAYMENT. NOT 936
MORE THAN THIRTY DAYS AFTER CERTIFYING THE ESTIMATED AMOUNT, THE
HEAD OF THE ADMINISTERING AGENCY SHALL CERTIFY TO THE DIRECTOR 937
THE FINAL AMOUNT TO BE TRANSFERRED. THE DIRECTOR SHALL ADJUST 938
THE AMOUNT TRANSFERRED TO REFLECT ANY DIFFERENCE BETWEEN THE 939
ESTIMATED AMOUNT TRANSFERRED AND THE FINAL AMOUNT. 940
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY CANCEL 942
ENCUMBRANCES AND REESTABLISH ENCUMBRANCES OR PARTS OF 943
ENCUMBRANCES AS NEEDED IN THE APPROPRIATE FUNDS AND APPROPRIATION 944
22
ITEMS FOR THE SAME PURPOSES AND SAME VENDORS. THE DIRECTOR MAY 945
TRANSFER APPROPRIATION AUTHORITY NECESSARY TO REESTABLISH SUCH
ENCUMBRANCES IN A DIFFERENT FUND OR APPROPRIATION ITEM WITHIN AN 946
AGENCY OR BETWEEN AGENCIES AS THE DIRECTOR DETERMINES NECESSARY. 947
THE DIRECTOR SHALL REDUCE EACH OF THE APPROPRIATION BALANCES OF 948
EACH FISCAL YEAR BY THE AMOUNT OF THE ENCUMBRANCES CANCELED IN 949
THE RESPECTIVE FUNDS OR APPROPRIATION ITEMS.
THE DIRECTOR ALSO MAY TRANSFER ANY UNENCUMBERED OR 951
UNALLOTTED BALANCES TO THE APPROPRIATE LINE ITEM TO BE USED FOR 952
THE SAME PURPOSES.
Sec. 127.14. The controlling board may, at the request of 961
any state agency or the director of budget and management, 962
authorize, with respect to the provisions of any appropriation 963
act: 964
(A) Transfers of all or part of an appropriation within 966
but not between state agencies, except such transfers as the 967
director of budget and management is authorized by law to make, 968
provided that no transfer shall be made by the director for the 969
purpose of effecting new or changed levels of program service not 970
authorized by the general assembly; 971
(B) Transfers of all or part of an appropriation from one 973
fiscal year to another; 974
(C) Transfers of all or part of an appropriation within or 976
between state agencies made necessary by administrative 977
reorganization or by the abolition of an agency or part of an 978
agency; 979
(D) Transfers of all or part of cash balances in excess of 981
needs from any fund of the state to the general revenue fund or 982
to such other fund of the state to which the money would have 983
been credited in the absence of the fund from which the transfers 984
are authorized to be made, except that the controlling board may 985
not authorize such transfers from the accrued leave liability 986
fund, auto registration distribution fund, budget stabilization 987
fund, development bond retirement fund, facilities establishment 988
23
fund, gasoline excise tax fund, general revenue fund, higher 989
education improvement fund, highway improvement bond retirement 990
fund, highway obligations bond retirement fund, highways 991
obligations construction fund, highway operating fund, horse 992
racing tax fund, improvements bond retirement fund, library and 993
local government support fund, liquor control fund, local 994
government fund, local transportation improvement program fund, 995
mental health facilities improvement fund, Ohio fairs fund, parks 996
and recreation improvement fund, public improvements bond 997
retirement fund, public school building fund, school district 998
income tax fund, state agency facilities improvement fund, state 999
and local government highway distribution fund, state highway 1,000
safety fund, state lottery fund, undivided liquor permit fund, 1,001
Vietnam conflict compensation bond retirement fund, volunteer 1,002
fire fighters' dependents fund, waterways safety fund, wildlife 1,003
fund, workers' compensation fund, or any fund not specified in 1,004
this division that the director of budget and management 1,005
determines to be a bond fund or bond retirement fund; 1,006
(E) Transfers of all or part of those appropriations 1,008
included in the emergency purposes account of the controlling 1,009
board; 1,010
(F) Temporary transfers of all or part of an appropriation 1,012
or other moneys into and between existing funds, or new funds, as 1,013
may be established by law when needed for capital outlays for 1,014
which notes or bonds will be issued; 1,015
(G) Transfer or release of all or part of an appropriation 1,017
to a state agency requiring controlling board approval of such 1,018
transfer or release as provided by law; 1,019
(H) Temporary transfer of funds included in the emergency 1,021
purposes appropriation of the controlling board. Such temporary 1,022
transfers may be made subject to conditions specified by the 1,023
controlling board at the time temporary transfers are authorized. 1,024
No transfers shall be made under this division for the purpose of 1,025
effecting new or changed levels of program service not authorized 1,026
24
by the general assembly. 1,027
As used in this section, "request" means an application by 1,029
a state agency or the director of budget and management seeking 1,030
some action by the controlling board. 1,031
WHEN AUTHORIZING THE TRANSFER OF ALL OR PART OF AN 1,033
APPROPRIATION UNDER THIS SECTION, THE CONTROLLING BOARD MAY 1,034
AUTHORIZE THE TRANSFER TO AN EXISTING APPROPRIATION ITEM AND THE 1,035
CREATION OF AND TRANSFER TO A NEW APPROPRIATION ITEM. 1,036
Whenever there is a transfer of all or part of funds 1,038
included in the emergency purposes appropriation by the 1,039
controlling board, pursuant to division (E) of this section, the 1,040
state agency or the director of budget and management receiving 1,041
such transfer shall keep a detailed record of the use of the 1,042
transferred funds. At the earliest scheduled meeting of the 1,043
controlling board following the accomplishment of the purposes 1,044
specified in the request originally seeking the transfer, or 1,045
following the total expenditure of the transferred funds for the 1,046
specified purposes, the state agency or the director of budget 1,047
and management shall submit a report on the expenditure of such 1,048
funds to the board. The portion of any appropriation so 1,049
transferred which is not required to accomplish the purposes 1,050
designated in the original request to the controlling board shall 1,051
be returned to the proper appropriation of the controlling board 1,052
at this time. 1,053
Notwithstanding any provisions of law providing for the 1,055
deposit of revenues received by a state agency to the credit of a 1,056
particular fund in the state treasury, whenever there is a 1,057
temporary transfer of funds included in the emergency purposes 1,058
appropriation of the controlling board pursuant to division (H) 1,059
of this section, revenues received by any state agency receiving 1,060
such a temporary transfer of funds shall, as directed by the 1,061
controlling board, be transferred back to the emergency purposes 1,062
appropriation. 1,063
The board may delegate to the director of budget and 1,065
25
management authority to approve transfers among items of 1,066
appropriation under division (A) of this section. 1,067
Sec. 127.16. (A) Upon the request of either a state 1,076
agency or the director of budget and management and after the 1,077
controlling board determines that an emergency or a sufficient 1,078
economic reason exists, the controlling board may approve: 1,079
(1) APPROVE the making of a purchase without competitive 1,082
selection as provided in division (B) of this section; 1,083
(2) WAIVE THE COMPETITIVE BIDDING REQUIREMENTS SPECIFIED 1,085
BY LAW FOR A STATE AGENCY'S CONSTRUCTION OR REPAIR OF A BUILDING, 1,086
OR MAKING OF ANY OTHER IMPROVEMENT, TO COST FIFTY THOUSAND 1,087
DOLLARS OR MORE.
(B) Except as otherwise provided in this section, no state 1,089
agency, using money that has been appropriated to it directly, 1,090
shall: 1,091
(1) Make any purchase from a particular supplier, that 1,093
would amount to fifty thousand dollars or more when combined with 1,094
both the amount of all disbursements to the supplier during the 1,095
fiscal year for purchases made by the agency and the amount of 1,096
all outstanding encumbrances for purchases made by the agency 1,097
from the supplier, unless the purchase is made by competitive 1,098
selection or with the approval of the controlling board; 1,099
(2) Lease real estate from a particular supplier, if the 1,101
lease would amount to seventy-five thousand dollars or more when 1,102
combined with both the amount of all disbursements to the 1,103
supplier during the fiscal year for real estate leases made by 1,104
the agency and the amount of all outstanding encumbrances for 1,105
real estate leases made by the agency from the supplier, unless 1,106
the lease is made by competitive selection or with the approval 1,107
of the controlling board. 1,108
(C) Any person who authorizes a purchase in violation of 1,110
division (B) of this section shall be liable to the state for any 1,111
state funds spent on the purchase, and the attorney general shall 1,112
collect the amount from the person. 1,113
26
(D) Nothing in division (B) of this section shall be 1,115
construed as: 1,116
(1) A limitation upon the authority of the director of 1,118
transportation as granted in sections 5501.17, 5517.02, and 1,119
5525.14 of the Revised Code; 1,120
(2) Applying to medicaid provider agreements under Chapter 1,122
5111. of the Revised Code or payments or provider agreements 1,125
under disability assistance medical assistance established under 1,126
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,128
supplier by a state licensing board under Title XLVII of the 1,129
Revised Code; 1,130
(4) Applying to entertainment contracts for the Ohio state 1,132
fair entered into by the Ohio expositions commission, provided 1,133
that the controlling board has given its approval to the 1,134
commission to enter into such contracts and has approved a total 1,135
budget amount for such contracts as agreed upon by commission 1,136
action, and that the commission causes to be kept itemized 1,137
records of the amounts of money spent under each contract and 1,138
annually files those records with the legislative clerk of the 1,139
house of representatives and the clerk of the senate following 1,140
the close of the fair; 1,141
(5) Limiting the authority of the chief of the division of 1,143
mines and reclamation to contract for reclamation work with an 1,144
operator mining adjacent land as provided in section 1513.27 of 1,145
the Revised Code; 1,146
(6) Applying to investment transactions and procedures of 1,148
any state agency, except that the agency shall file with the 1,149
board the name of any person with whom the agency contracts to 1,150
make, broker, service, or otherwise manage its investments, as 1,151
well as the commission, rate, or schedule of charges of such 1,152
person with respect to any investment transactions to be 1,153
undertaken on behalf of the agency. The filing shall be in a 1,154
form and at such times as the board considers appropriate. 1,155
27
(7) Applying to purchases made with money for the per cent 1,157
for arts program established by section 3379.10 of the Revised 1,158
Code; 1,159
(8) Applying to purchases made by the rehabilitation 1,161
services commission of services, or supplies, that are provided 1,162
to persons with disabilities, or to purchases made by the 1,163
commission in connection with the eligibility determinations it 1,164
makes for applicants of programs administered by the social 1,165
security administration; 1,166
(9) Applying to payments by the department of human 1,168
services under section 5111.13 of the Revised Code for group 1,169
health plan premiums, deductibles, coinsurance, and other 1,170
cost-sharing expenses; 1,171
(10) Applying to any agency of the legislative branch of 1,173
the state government; 1,174
(11) Applying to agreements entered into under section 1,176
5101.11, 5101.21, or 5101.211 of the Revised Code; 1,177
(12) Applying to purchases of services by the adult parole 1,179
authority under section 2967.14 of the Revised Code or by the 1,180
department of youth services under section 5139.08 of the Revised 1,181
Code; 1,182
(13) Applying to dues or fees paid for membership in an 1,184
organization or association; 1,185
(14) Applying to purchases of utility services pursuant to 1,187
section 9.30 of the Revised Code; 1,188
(15) Applying to purchases made in accordance with rules 1,190
adopted by the department of administrative services of motor 1,191
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,192
such vehicles; 1,193
(16) Applying to purchases of tickets for passenger air 1,195
transportation; 1,196
(17) Applying to purchases necessary to provide public 1,198
notifications required by law or to provide notifications of job 1,199
openings; 1,200
28
(18) Applying to the judicial branch of state government; 1,202
(19) Applying to purchases of liquor for resale by the 1,204
department or, on and after July 1, 1997, the division of liquor 1,205
control;
(20) Applying to purchases of motor courier and freight 1,207
services made in accordance with department of administrative 1,208
services rules; 1,209
(21) Applying to purchases from the United States postal 1,211
service and purchases of stamps and postal meter replenishment 1,212
from vendors at rates established by the United States postal 1,213
service; 1,214
(22) Applying to purchases of books, periodicals, 1,216
pamphlets, newspapers, maintenance subscriptions, and other 1,217
published materials; 1,218
(23) Applying to purchases from other state agencies, 1,220
including state-assisted institutions of higher education; 1,221
(24) Limiting the authority of the director of 1,223
environmental protection to enter into contracts under division 1,224
(D) of section 3745.14 of the Revised Code to conduct compliance 1,225
reviews, as defined in division (A) of that section; 1,226
(25) Applying to purchases from a qualified nonprofit 1,228
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,229
Code; 1,230
(26) Applying to payments by the department of human 1,232
services to the United States department of health and human 1,233
services for printing and mailing notices pertaining to the tax 1,234
refund offset program of the internal revenue service of the 1,235
United States department of the treasury; 1,236
(27) Applying to contracts entered into by the department 1,238
of mental retardation and developmental disabilities under 1,239
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,240
(28) Applying to payments made by the department of mental 1,242
health under a physician recruitment program authorized by 1,243
section 5119.101 of the Revised Code; 1,244
29
(29) Applying to contracts entered into with persons by 1,246
the director of commerce for unclaimed funds collection and 1,247
remittance efforts as provided in division (F) of section 169.03 1,249
of the Revised Code. The director shall keep an itemized 1,252
accounting of unclaimed funds collected by those persons and 1,253
amounts paid to them for their services.
(30) APPLYING TO PURCHASES MADE BY THE STATE BOARD OF 1,255
DEPOSIT;
(31) APPLYING TO PURCHASES MADE BY A STATE INSTITUTION OF 1,257
HIGHER EDUCATION IN ACCORDANCE WITH THE TERMS OF A CONTRACT 1,258
BETWEEN THE VENDOR AND AN INTER-UNIVERSITY PURCHASING GROUP 1,259
COMPRISED OF PURCHASING OFFICERS OF STATE INSTITUTIONS OF HIGHER 1,260
EDUCATION.
(E) Notwithstanding division (B)(1) of this section, the 1,262
cumulative purchase threshold shall be seventy-five thousand 1,263
dollars for the departments of mental retardation and 1,264
developmental disabilities, mental health, rehabilitation and 1,265
correction, and youth services. 1,266
(F) When determining whether a state agency has reached 1,268
the cumulative purchase thresholds established in divisions 1,269
(B)(1), (B)(2), and (E) of this section, all of the following 1,270
purchases by such agency shall not be considered: 1,271
(1) Purchases made through competitive selection or with 1,273
controlling board approval; 1,274
(2) Purchases listed in division (D) of this section; 1,276
(3) For the purposes of the thresholds of divisions (B)(1) 1,278
and (E) of this section only, leases of real estate. 1,279
(G) As used in this section, "competitive selection," 1,281
"purchase," "supplies," and "services" have the same meanings as 1,282
in section 125.01 of the Revised Code. 1,283
Sec. 133.04. (A) As used in this chapter, "net 1,293
indebtedness" means, as determined pursuant to this section, the 1,294
principal amount of the outstanding securities of a subdivision 1,295
less the amount held in a bond retirement fund to the extent such 1,296
30
amount is not taken into account in determining the principal 1,297
amount outstanding under division (AA) of section 133.01 of the 1,298
Revised Code. For purposes of this definition, the principal 1,299
amount of outstanding securities includes the principal amount of 1,300
outstanding securities of another subdivision apportioned to the 1,301
subdivision as a result of acquisition of territory, and excludes 1,302
the principal amount of outstanding securities of the subdivision 1,303
apportioned to another subdivision as a result of loss of 1,304
territory and the payment or reimbursement obligations of the 1,305
subdivision under credit enhancement facilities relating to 1,306
outstanding securities. 1,307
(B) In calculating the net indebtedness of a subdivision, 1,309
none of the following securities, including anticipatory 1,310
securities issued in anticipation of their issuance, shall be 1,311
considered: 1,312
(1) Securities issued in anticipation of the levy or 1,314
collection of special assessments, either in original or refunded 1,315
form; 1,316
(2) Securities issued in anticipation of the collection of 1,318
current revenues for the fiscal year or other period not to 1,319
exceed twelve consecutive months, or securities issued in 1,320
anticipation of the collection of the proceeds from a 1,321
specifically identified voter-approved tax levy; 1,322
(3) Securities issued for purposes described in section 1,324
133.12 of the Revised Code; 1,325
(4) Securities issued under Chapter 122., 140., 165., 1,327
725., or 761., or section 131.23 of the Revised Code; 1,328
(5) Securities issued to pay final judgments or court 1,330
approved settlements under authorizing laws and securities issued 1,331
under section 2744.081 of the Revised Code; 1,332
(6) Securities issued to pay costs of permanent 1,334
improvements to the extent they are issued in anticipation of the 1,335
receipt of, and are payable as to principal from, federal or 1,336
state grants OR DISTRIBUTIONS for, OR LEGALLY AVAILABLE FOR, that 1,338
31
principal or for the costs of those permanent improvements; 1,339
(7) Securities issued to evidence loans from the state 1,341
capital improvements fund pursuant to Chapter 164. of the Revised 1,342
Code OR FROM THE STATE INFRASTRUCTURE BANK PURSUANT TO SECTION 1,343
5531.09 OF THE REVISED CODE; 1,344
(8) Other securities, including self-supporting 1,346
securities, excepted by law from the calculation of net 1,347
indebtedness or from the application of this chapter; 1,348
(9) Any other securities outstanding on the effective date 1,350
of this amendment OCTOBER 30, 1989, and then excepted from the 1,352
calculation of net indebtedness or from the application of this 1,353
chapter, and securities issued at any time to fund or refund 1,354
those securities. 1,355
Sec. 133.06. (A) A school district shall not incur, 1,364
without a vote of the electors, net indebtedness that exceeds an 1,365
amount equal to one-tenth of one per cent of its tax valuation, 1,366
except as provided in divisions (G) and (H) of this section and 1,368
in division (C) of section 3313.372 of the Revised Code. 1,369
(B) Except as provided in divisions (E) and (F) of this 1,371
section, a school district shall not incur net indebtedness that 1,372
exceeds an amount equal to nine per cent of its tax valuation. 1,373
(C) A school district shall not submit to a vote of the 1,375
electors the question of the issuance of securities in an amount 1,376
that will make the district's net indebtedness after the issuance 1,377
of the securities exceed an amount equal to four per cent of its 1,378
tax valuation, unless the superintendent of public instruction, 1,379
acting under policies adopted by the state board of education, 1,380
and the tax commissioner, acting under written policies of the 1,381
commissioner, consent to the submission. A request for the 1,382
consents shall be made at least thirty days prior to the election 1,383
at which the question is to be submitted, except that the 1,384
superintendent of public instruction and the tax commissioner may 1,385
waive this thirty-day deadline or grant their consents after the 1,386
election if the school district shows good cause for such waiver 1,387
32
or consent after the election. 1,388
(D) In calculating the net indebtedness of a school 1,390
district, none of the following shall be considered: 1,391
(1) Securities issued to acquire school buses and other 1,393
equipment used in transporting pupils or issued pursuant to 1,394
division (D) of section 133.10 of the Revised Code; 1,395
(2) Securities issued under division (F) of this section, 1,397
under section 133.301 of the Revised Code, and, to the extent in 1,398
excess of the limitation stated in division (B) of this section, 1,399
under division (E) of this section; 1,400
(3) Indebtedness resulting from the dissolution of a joint 1,402
vocational school district under section 3311.217 of the Revised 1,403
Code, evidenced by outstanding securities of that joint 1,404
vocational school district; 1,405
(4) Loans, evidenced by any securities, received under 1,407
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 1,408
Revised Code; 1,409
(5) Debt incurred under section 3313.374 of the Revised 1,411
Code;
(6) Debt incurred pursuant to division (B)(5) of section 1,414
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 1,416
as to certain securities as provided in division (E) of this 1,417
section. 1,418
(1) A board of education, by resolution, may declare its 1,420
school district to be a special needs district by determining 1,421
both of the following: 1,422
(a) The student population is not being adequately 1,424
serviced by the existing permanent improvements of the district. 1,425
(b) The district cannot obtain sufficient funds by the 1,427
issuance of securities within the limitation of division (B) of 1,428
this section to provide additional or improved needed permanent 1,429
improvements in time to meet the needs. 1,430
33
(2) The board of education shall certify a copy of that 1,432
resolution to the superintendent of public instruction with a 1,433
statistical report showing all of the following: 1,434
(a) A history of and a projection of the growth of the 1,436
student population; 1,437
(b) The history of and a projection of the growth of the 1,439
tax valuation; 1,440
(c) The projected needs; 1,442
(d) The estimated cost of permanent improvements proposed 1,444
to meet such projected needs. 1,445
(3) The superintendent of public instruction shall certify 1,447
the district as an approved special needs district if the 1,448
superintendent finds both of the following: 1,449
(a) The district does not have available sufficient 1,451
additional funds from state or federal sources to meet the 1,452
projected needs. 1,453
(b) The projection of the potential average growth of tax 1,455
valuation during the next five years, according to the 1,456
information certified to the superintendent and any other 1,457
information the superintendent obtains, indicates a likelihood of 1,458
potential average growth of tax valuation of the district during 1,459
the next five years of an average of not less than three per cent 1,460
per year. The findings and certification of the superintendent 1,461
shall be conclusive. 1,462
(4) An approved special needs district may incur net 1,464
indebtedness by the issuance of securities in accordance with the 1,465
provisions of this chapter in an amount that does not exceed an 1,466
amount equal to the greater of the following: 1,467
(a) Nine per cent of the sum of its tax valuation plus an 1,469
amount that is the product of multiplying that tax valuation by 1,470
the percentage by which the tax valuation has increased over the 1,471
tax valuation on the first day of the sixtieth month preceding 1,472
the month in which its board determines to submit to the electors 1,473
the question of issuing the proposed securities; 1,474
34
(b) Nine per cent of the sum of its tax valuation plus an 1,476
amount that is the product of multiplying that tax valuation by 1,477
the percentage, determined by the superintendent of public 1,478
instruction, by which that tax valuation is projected to increase 1,479
during the next ten years. 1,480
(F) A school district may issue securities for emergency 1,482
purposes, in a principal amount that does not exceed an amount 1,483
equal to three per cent of its tax valuation, as provided in this 1,484
division. 1,485
(1) A board of education, by resolution, may declare an 1,487
emergency if it determines both of the following: 1,488
(a) School buildings or other necessary school facilities 1,490
in the district have been wholly or partially destroyed, or 1,491
condemned by a constituted public authority, or that such 1,492
buildings or facilities are partially constructed, or so 1,493
constructed or planned as to require additions and improvements 1,494
to them before the buildings or facilities are usable for their 1,495
intended purpose, or that corrections to permanent improvements 1,496
are necessary to remove or prevent health or safety hazards. 1,497
(b) Existing fiscal and net indebtedness limitations make 1,499
adequate replacement, additions, or improvements impossible. 1,500
(2) Upon the declaration of an emergency, the board of 1,502
education may, by resolution, submit to the electors of the 1,503
district pursuant to section 133.18 of the Revised Code the 1,504
question of issuing securities for the purpose of paying the 1,505
cost, in excess of any insurance or condemnation proceeds 1,506
received by the district, of permanent improvements to respond to 1,507
the emergency need. 1,508
(3) The procedures for the election shall be as provided 1,510
in section 133.18 of the Revised Code, except that: 1,511
(a) The form of the ballot shall describe the emergency 1,513
existing, refer to this division as the authority under which the 1,514
emergency is declared, and state that the amount of the proposed 1,515
securities exceeds the limitations prescribed by division (B) of 1,516
35
this section; 1,517
(b) The resolution required by division (B) of section 1,519
133.18 of the Revised Code shall be certified to the county 1,520
auditor and the board of elections at least seventy-five days 1,521
prior to the election; 1,522
(c) The county auditor shall advise and, not later than 1,524
sixty-five days before the election, confirm that advice by 1,525
certification to, the board of education of the information 1,526
required by division (C) of section 133.18 of the Revised Code; 1,527
(d) The board of education shall then certify its 1,529
resolution and the information required by division (D) of 1,530
section 133.18 of the Revised Code to the board of elections not 1,531
less than sixty days prior to the election. 1,532
(4) Notwithstanding division (B) of section 133.21 of the 1,534
Revised Code, the first principal payment of securities issued 1,535
under this division may be set at any date not later than sixty 1,536
months after the earliest possible principal payment otherwise 1,537
provided for in that division. 1,538
(G) The board of education may contract with an architect, 1,540
professional engineer, or other person experienced in the design 1,541
and implementation of energy conservation measures for an 1,542
analysis and recommendations pertaining to installations, 1,543
modifications of installations, or remodeling that would 1,544
significantly reduce energy consumption in buildings owned by the 1,545
district. The report shall include estimates of all costs of 1,546
such installations, modifications, or remodeling, including costs 1,547
of design, engineering, installation, maintenance, repairs, and 1,548
debt service, and estimates of the amounts by which energy 1,549
consumption and resultant operational and maintenance costs, as 1,550
defined by the Ohio school facilities commission, would be 1,552
reduced.
If the board finds after receiving the report that the 1,554
amount of money the district would spend on such installations, 1,555
modifications, or remodeling is not likely to exceed the amount 1,556
36
of money it would save in energy and resultant operational and 1,557
maintenance costs over the ensuing fifteen years, the board may 1,559
submit to the commission a copy of its findings and a request for 1,560
approval to incur indebtedness to finance the making or 1,562
modification of installations or the remodeling of buildings for 1,563
the purpose of significantly reducing energy consumption. 1,564
If the commission determines that the board's findings are 1,567
reasonable, it shall approve the board's request. Upon receipt 1,568
of the commission's approval, the district may issue securities 1,570
without a vote of the electors in a principal amount not to 1,571
exceed nine-tenths of one per cent of its tax valuation for the 1,572
purpose of making such installations, or modifications, or 1,573
remodeling, but the total net indebtedness of the district 1,574
without a vote of the electors incurred under this and all other 1,575
sections of the Revised Code shall not exceed one per cent of the 1,576
district's tax valuation. 1,577
So long as any securities issued under division (G) of this 1,580
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 1,581
costs of buildings in which installations or modifications have 1,583
been made or remodeling has been done pursuant to division (G) of 1,584
this section and shall maintain and annually update a report 1,586
documenting the reductions in energy consumption and resultant 1,587
operational and maintenance cost savings attributable to such 1,588
installations, modifications, or remodeling. The report shall be 1,589
certified by an architect or engineer independent of any person 1,590
that provided goods or services to the board in connection with 1,591
the energy conservation measures that are the subject of the 1,592
report. The resultant operational and maintenance cost savings 1,593
shall be certified by the school district treasurer. The report 1,594
shall be made available to the commission upon request. 1,595
(H) With the consent of the superintendent of public 1,597
instruction, a school district may incur without a vote of the 1,598
electors net indebtedness that exceeds the amounts stated in 1,599
37
divisions (A) and (G) of this section for the purpose of paying 1,601
costs of permanent improvements, if and to the extent that both 1,602
of the following conditions are satisfied: 1,603
(1) The fiscal officer of the school district estimates 1,605
that receipts of the school district from compensation derived 1,606
from or PAYMENTS MADE under agreements entered into pursuant to 1,607
DIVISION (F) OF SECTION 5709.081 OR section 5709.82 of the 1,609
Revised Code, or distributions under division (C) of section 1,610
5709.43 of the Revised Code, or any combination thereof, are, 1,611
after accounting for any appropriate coverage requirements,
sufficient in time and amount, and are committed by the 1,612
proceedings, to pay the debt charges on the securities issued to 1,613
evidence that indebtedness and payable from those receipts, and 1,614
the taxing authority of the district confirms the fiscal 1,615
officer's estimate, which confirmation is approved by the 1,616
superintendent of public instruction; 1,617
(2) The fiscal officer of the school district certifies, 1,619
and the taxing authority of the district confirms, that the 1,620
district, at the time of the certification and confirmation, 1,621
reasonably expects to have sufficient revenue available for the 1,622
purpose of operating such permanent improvements for their 1,623
intended purpose upon acquisition or completion thereof, and the 1,624
superintendent of public instruction approves the taxing 1,625
authority's confirmation. 1,626
The maximum maturity of securities issued under division 1,628
(H) of this section shall be the lesser of twenty years or the 1,629
maximum maturity calculated under section 133.20 of the Revised 1,630
Code. 1,631
Sec. 153.01. Whenever any building or structure for the 1,640
use of the state or any institution supported in whole or in part 1,641
by the state or in or upon the public works of the state that is 1,642
administered by the director of administrative services OR BY ANY 1,643
OTHER STATE OFFICER OR STATE AGENCY AUTHORIZED BY LAW TO 1,644
ADMINISTER A PROJECT, INCLUDING AN EDUCATIONAL INSTITUTION LISTED 1,645
38
IN SECTION 3345.50 OR 3345.51 OF THE REVISED CODE, is to be 1,646
erected or constructed, or whenever additions, alterations, or 1,647
structural or other improvements are to be made, or WHENEVER 1,648
heating, cooling, or ventilating plants or other equipment is to 1,649
be installed or material supplied therefor, the aggregate cost of 1,650
which amounts to ten FIFTY thousand dollars or more, each 1,651
officer, board, or other authority upon which devolves the duty 1,653
of constructing, erecting, altering, or installing the same, 1,654
referred to in sections 153.01 to 153.60 of the Revised Code as 1,655
the owner, shall cause to be made, by an architect or engineer 1,656
whose contract of employment shall be prepared and approved by 1,657
the attorney general and filed with the director, the following: 1,658
(A) Full and accurate plans, suitable for the use of 1,660
mechanics and other builders in such construction, improvement, 1,661
addition, alteration, or installation; 1,662
(B) Details to scale and full sized, so drawn and 1,664
represented as to be easily understood; 1,665
(C) Accurate bills showing the exact quantity of different 1,667
kinds of material necessary to the construction; 1,668
(D) Definite and complete specifications of the work to be 1,670
performed, together with such directions as will enable a 1,671
competent mechanic or other builder to carry them out and afford 1,672
bidders all needful information; 1,673
(E) A full and accurate estimate of each item of expense 1,675
and the aggregate cost thereof; 1,676
(F) A life-cycle cost analysis; 1,678
(G) Such further data as may be required by the department 1,680
of administrative services. 1,681
Sec. 153.04. The plans, details, bills of material, 1,690
specifications of work, estimates of cost in detail and in the 1,691
aggregate, life-cycle cost analysis, form of bidding proposal 1,693
BID, bid guaranty, and other data that may be required shall be 1,694
prepared on such material and in such manner and form as are 1,695
prescribed by the department of administrative services, and 1,696
39
shall be submitted to such department for its approval. The 1,697
life-cycle costs shall be a primary consideration in the 1,698
selection of a design. If so approved the THE same shall be 1,699
deposited and safely kept in the office of the director of 1,700
administrative services or such other state agency defined as the 1,701
owner AS DEFINED in section 153.01 of the Revised Code as the 1,702
property of the state. 1,704
Sec. 153.05. The bond required by sections 153.04 and 1,713
SECTION 153.08 of the Revised Code may be enforced against the 1,715
person executing such bond, by any claimant for labor or 1,716
material, and suit may be brought on such bond in the name of the
state on relation of the claimant within one year from the date 1,717
of delivering or furnishing such labor or material, in the court 1,718
of common pleas of the county wherein such labor or material was 1,719
furnished or delivered. Such bond shall not be released by the 1,720
execution of any additional security, notes, retentions from 1,721
estimates, or other instrument on account of such claim, or for 1,722
any reason, except the full payment of such claim for labor or
material.
Sec. 153.06. After the proceedings required by sections 1,731
153.01 and 153.04 of the Revised Code have been complied with, 1,732
the owner referred to in section 153.01 of the Revised Code shall 1,733
give public notice of the time and place when and where proposals 1,734
BIDS will be received for performing the labor and furnishing the 1,736
materials of such construction, improvement, alteration, 1,737
addition, or installation, and a contract awarded, IN AN AMOUNT 1,738
OF FIFTY THOUSAND DOLLARS OR MORE, except for materials 1,740
manufactured by the state or labor supplied by the department of 1,741
human services that may enter into the same. The form of 1,742
proposal BID approved by the department of administrative 1,743
services shall be used, and a proposal BID shall be invalid and 1,744
not considered unless such form is used without change, 1,746
alteration, or addition. Bidders may be permitted to bid upon 1,747
all the branches of work and materials to be furnished and 1,748
40
supplied, or upon any thereof, or alternately upon all or any 1,749
thereof.
Sec. 153.07. The notice provided for in section 153.06 of 1,758
the Revised Code shall be published once each week for three 1,759
consecutive weeks in a newspaper of general circulation in the 1,761
county where the activity for which proposals BIDS are submitted 1,763
is to occur and in such other newspapers as ordered by the 1,764
department of administrative services, the last publication to be 1,765
at least eight days preceding the day for opening the bids, and 1,766
in such form and with such phraseology as the department orders. 1,767
Copies of the plans, details, bills of material, estimates of 1,768
cost, and specifications shall be open to public inspection at 1,769
all business hours between the day of the first publication and 1,770
the day for opening the bids, at the office of the department
where the bids are received, and such other place as may be 1,771
designated in such notice. 1,772
Sec. 153.08. On the day and at the place named in the 1,781
notice provided for in section 153.06 of the Revised Code, the 1,782
owner referred to in section 153.01 of the Revised Code shall 1,783
open the proposals BIDS and shall publicly, with the assistance 1,784
of the architect or engineer, immediately proceed to tabulate the 1,786
bids upon duplicate sheets. A proposal BID shall be invalid and 1,787
not considered unless a bid guaranty meeting the requirements of 1,788
section 153.54 of the Revised Code and in the form approved by 1,789
the department of administrative services is filed with such 1,790
proposal BID and unless such proposal BID and bid guaranty are 1,792
filed in one sealed envelope. After investigation, which shall 1,793
be completed within thirty days, the contract shall be awarded by 1,794
such owner to the lowest responsive and responsible bidder in 1,795
accordance with section 9.312 of the Revised Code. 1,796
No contract shall be entered into until the industrial 1,798
commission has certified that the person so awarded the contract 1,799
has complied with sections 4123.01 to 4123.94 of the Revised 1,800
Code, until, if the bidder so awarded the contract is a foreign 1,801
41
corporation, the secretary of state has certified that such 1,802
corporation is authorized to do business in this state, until, if 1,803
the bidder so awarded the contract is a person nonresident of 1,804
this state, such person has filed with the secretary of state a 1,805
power of attorney designating the secretary of state as its agent 1,806
for the purpose of accepting service of summons in any action 1,807
brought under section 153.05 of the Revised Code or under 1,808
sections 4123.01 to 4123.94 of the Revised Code, and until the 1,809
contract and bond, if any, are submitted to the attorney general 1,810
and his THE ATTORNEY GENERAL'S approval certified thereon. 1,811
No contract shall be entered into unless the bidder 1,813
possesses a valid certificate of compliance with affirmative 1,814
action programs issued pursuant to section 9.47 of the Revised 1,815
Code and dated no earlier than one hundred eighty days prior to 1,816
the date fixed for the opening of bids for a particular project. 1,817
Sec. 153.09. If in the opinion of the owner referred to in 1,826
section 153.01 of the Revised Code, the award of a contract to 1,827
the lowest responsive and responsible bidder is not in the best 1,828
interests of the state, with the written consent of the 1,829
department of administrative services, it THE OWNER may accept 1,830
another proposal BID so opened or reject all proposals BIDS, and 1,832
advertise for other bids. Such advertisement shall be for such 1,833
time, in such form, and in such newspaper as the department 1,834
directs. All contracts shall provide that such owner may make 1,835
any change in work or materials on the conditions and in the
manner provided in sections 153.10 and 153.11 of the Revised 1,836
Code.
Sec. 153.10. After the plans, bills of material, 1,845
specifications of work, estimates of cost in detail and in the 1,846
aggregate, life-cycle cost analysis, form of bidding proposal 1,847
BID, bid guaranty, and other data that may be required are 1,849
approved and filed with the secretary of state OWNER as provided 1,850
DEFINED in section 153.04 153.01 of the Revised Code, no change 1,851
of plans, details, bills of material, or specifications shall be 1,853
42
made or allowed unless the same are approved by the department of 1,854
administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE 1,855
REVISED CODE. When so approved, the plans of the proposed 1,856
change, with detail to scale and full size, specifications of
work, and bills of material shall be filed with the original 1,857
papers. If such change affects the price, the amount thereof 1,858
shall likewise receive such approval.
Sec. 153.11. Whenever the change referred to in section 1,867
153.10 of the Revised Code is approved by the department of 1,868
administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE 1,869
REVISED CODE, accepted in writing by the contractor, and filed, 1,870
the same shall be considered as being a part of the original 1,871
contract, and the bond theretofore executed shall be held to 1,872
include and cover the same.
Sec. 153.12. (A) With respect to award of any contract 1,881
for the construction, reconstruction, improvement, enlargement, 1,882
alteration, repair, painting, or decoration of a public 1,883
improvement made by the state, or any county, township, municipal 1,884
corporation, school district, or other political subdivision, or 1,885
any public board, commission, authority, instrumentality, or 1,886
special purpose district of or in the state or a political 1,887
subdivision or that is authorized by state law, the award, and 1,888
execution of the contract, shall be made within sixty days after 1,889
the date on which the bids are opened. The failure to award and 1,890
execute the contract within sixty days invalidates the entire bid 1,891
proceedings and all bids submitted, unless the time for awarding 1,892
and executing the contract is extended by mutual consent of the 1,893
owner or its representatives and the bidder whose bid the owner 1,894
accepts and with respect to whom the owner subsequently awards 1,895
and executes a contract. The public owners referred to in this 1,896
section shall include, in the plans and specifications for the 1,897
project for which bids are solicited, the estimate of cost. The 1,898
bid for which the award is to be made shall be opened at the time 1,899
and place named in the advertisement for bids, unless extended by 1,900
43
the owner or its representative or unless, within seventy-two 1,901
hours prior to the published time for the opening of bids, 1,902
excluding Saturdays, Sundays, and legal holidays, any 1,903
modification of the plans or specifications and estimates of cost 1,904
for the project for which bids are solicited is issued and mailed 1,905
or otherwise furnished to persons who have obtained plans or 1,906
specifications for the project, for which the time for opening of 1,907
bids shall be extended one week, with no further advertising of 1,908
bids required. The contractor, upon request, is entitled to a 1,909
notice to proceed with the work by the owner or its 1,910
representative upon execution of the contract. No contract to 1,911
which this section applies shall be entered into if the price of 1,912
the contract, or, if the project involves multiple contracts 1,913
where the total price of all contracts for the project, is in 1,914
excess of ten per cent above the entire estimate thereof, nor 1,915
shall the entire cost of the construction, reconstruction, 1,916
repair, painting, decorating, improvement, alteration, addition, 1,917
or installation, including changes and estimates of expenses for 1,918
architects or engineers, exceed in the aggregate the amount 1,919
authorized by law. 1,920
The unit or lump sum price stated in the contract shall be 1,922
used in determining the amount to be paid and shall constitute 1,923
full and final compensation for all the work. 1,924
Partial payment to the contractor for work performed under 1,926
the lump sum price shall be based on a schedule prepared by the 1,927
contractor and approved by the architect or engineer who shall 1,928
apportion the lump sum price to the major components entering 1,929
into or forming a part of the work under the lump sum price. 1,930
Partial payments to the contractor for labor performed 1,932
under either a unit or lump sum price contract shall be made at 1,933
the rate of ninety-two per cent of the estimates prepared by the 1,934
contractor and approved by the architect or engineer. All labor 1,935
performed after the job is fifty per cent completed shall be paid 1,936
for at the rate of one hundred per cent of the estimates 1,937
44
submitted by the contractor and approved by the architect or 1,938
engineer. 1,939
The amounts and time of payments of any public improvements 1,941
contract made by the state or any county, township, municipal 1,942
corporation, school district, or other political subdivision, or 1,943
any public board, commission, authority, instrumentality, or 1,944
special purpose district of or in the state or a political 1,945
subdivision or that is authorized by state law, except as 1,946
provided in section 5525.19 of the Revised Code, shall be 1,947
governed by this section and sections 153.13 and 153.14 of the 1,948
Revised Code. If the time for awarding the contract is extended 1,949
by mutual consent, or if the owner or its representative fails to 1,950
issue a timely notice to proceed as required by this section, the 1,951
owner or its representative shall issue a change order 1,952
authorizing delay costs to the contractor, which does not 1,953
invalidate the contract. The amount of such a change order to 1,954
the owner shall be determined in accordance with the provisions 1,955
of the contract for change orders or force accounts or, if no 1,956
such provision is set forth in the contract, the cost to the 1,957
owner shall be the contractor's actual costs including wages, 1,958
labor costs other than wages, wage taxes, materials, equipment 1,959
costs and rentals, insurance, and subcontracts attributable to 1,960
the delay, plus a reasonable sum for overhead. In the event of a 1,961
dispute between the owner and the contractor concerning such 1,962
change order, procedures shall be commenced under the applicable 1,963
terms of the contract, or, if the contract contains no provision 1,964
for resolving the dispute, it shall be resolved pursuant to the 1,965
procedures for arbitration in Chapter 2711. of the Revised Code, 1,966
except as provided in division (C)(B) of this section. Nothing 1,968
in this division shall be construed as a limitation upon the 1,969
authority of the director of transportation granted in Chapter 1,970
5525. of the Revised Code. 1,971
(B) In the event of IF a dispute ARISES between the state 1,974
and a contractor concerning the terms of a public improvement 1,975
45
contract let by the state or concerning a breach of the contract, 1,976
and after administrative remedies provided for in such contract 1,977
between the state and the contractor ANY ALTERNATIVE DISPUTE 1,978
RESOLUTION PROCEDURES PROVIDED IN ACCORDANCE WITH GUIDELINES 1,979
ESTABLISHED UNDER SECTION 153.16 OF THE REVISED CODE are 1,980
exhausted, the contractor may bring an action to the court of 1,981
claims in accordance with Chapter 2743. of the Revised Code. The 1,982
state or the contractor may request the chief justice of the 1,983
supreme court to appoint a referee or panel of referees in 1,984
accordance with division (C)(3) of section 2743.03 of the Revised 1,985
Code. As used in this division, "dispute" means a disagreement 1,987
between the state and the contractor concerning a public 1,988
improvement contract let by the state in which the amount in 1,989
controversy exceeds five thousand dollars. If the court finds
that the actual amount in controversy does not exceed five 1,990
thousand dollars, it shall dismiss the application and may order 1,991
that the filing party pay the reasonable attorney fees of the 1,992
opposing party. 1,993
Sec. 125.101 153.16. (A) The director of administrative 2,002
services shall establish policy and procedure guidelines for 2,004
contract BOTH OF THE FOLLOWING: 2,005
(1) CONTRACT documents in conjunction with the 2,008
administration of public works contracts that the state or any 2,009
institution supported in whole or in part by the state enters
into for any project subject to sections 153.01 to 153.11 of the 2,010
Revised Code;
(2) THE CONTRACTING PROCESS AND THE PROCESS FOR SELECTING 2,012
CONTRACTORS TO PERFORM LABOR AND SUPPLY MATERIALS WHENEVER ANY 2,013
BUILDING OR STRUCTURE FOR USE OF THE STATE OR ANY INSTITUTION 2,014
SUPPORTED IN WHOLE OR IN PART BY THE STATE OR IN OR UPON THE 2,015
PUBLIC WORKS OF THE STATE WILL BE ERECTED OR CONSTRUCTED, 2,016
WHENEVER ADDITIONS, ALTERATIONS, OR STRUCTURAL OR OTHER 2,017
IMPROVEMENTS WILL BE MADE, OR WHENEVER HEATING, COOLING, OR 2,018
VENTILATION PLANTS OR OTHER EQUIPMENT WILL BE INSTALLED OR
46
MATERIAL SUPPLIED THEREFOR, THE AGGREGATE PROJECT COST OF WHICH 2,019
IS LESS THAN FIFTY THOUSAND DOLLARS. DIVISION (A)(2) OF THIS 2,020
SECTION DOES NOT APPLY TO OR AFFECT THE SELECTION OF PROFESSIONAL 2,021
DESIGN SERVICES UNDER SECTIONS 153.65 TO 153.71 OF THE REVISED 2,022
CODE.
(B) Notwithstanding any contract provision to the 2,024
contrary, any claim submitted under a public works contract that 2,025
the state or any institution supported in whole or in part by the 2,027
state enters into for any project subject to sections 153.01 to 2,028
153.11 of the Revised Code shall be resolved within one hundred 2,029
twenty days. After the end of this one hundred twenty-day 2,030
period, the contractor shall be deemed to have exhausted all 2,031
administrative remedies for purposes of division (B) of section 2,032
153.12 of the Revised Code.
Sec. 153.17. (A) When in the opinion of the owner 2,041
referred to in section 153.01 of the Revised Code, the work under 2,042
any contract made under any law of the state is neglected by the 2,043
contractor or such work is not prosecuted with the diligence and 2,044
force specified or intended in the contract, such owner may make 2,045
requisition upon the contractor for such additional specific 2,046
force or materials to be brought into the work under such 2,047
contract or to remove improper materials from the grounds as in 2,048
their judgment the contract and its faithful fulfillment 2,049
requires. 2,050
Not less than five days' notice in writing of such action 2,052
shall be served upon the contractor or his THE CONTRACTOR'S agent 2,054
in charge of the work. If the contractor fails to comply with 2,055
such requisition within fifteen days, such owner, with the 2,056
written consent of the department of administrative services, may 2,057
employ upon the work the additional force, or supply the special 2,058
materials or such part of either as is considered proper, and may 2,059
remove improper materials from the grounds. 2,060
(B) WHEN THE ORIGINAL CONTRACTOR HAS DEFAULTED ON A 2,062
CONTRACT AND THE SURETY HAS DECLINED TO TAKE OVER THE PROJECT, 2,063
47
THE OWNER MAY CONTRACT WITH ONE OR MORE TAKEOVER CONTRACTORS TO 2,064
COMPLETE WORK THAT WAS NOT FINISHED BECAUSE OF THE DEFAULT OF THE 2,065
ORIGINAL CONTRACTOR. THE OWNER MAY ENTER INTO A CONTRACT WITH A 2,066
TAKEOVER CONTRACTOR WITHOUT COMPETITIVE BIDDING OR CONTROLLING
BOARD APPROVAL. UPON EXECUTION OF A TAKEOVER CONTRACT, THE OWNER 2,067
SHALL NOTIFY THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,068
WHEN THE OWNER HAS TAKEN OVER A PROJECT AFTER A DEFAULT HAS 2,070
OCCURRED, ANY MONEYS THAT THE OWNER RECEIVES FROM THE SURETY AS A 2,071
SETTLEMENT FOR COMPLETION OF THE PROJECT SHALL BE DEPOSITED IN 2,072
THE ORIGINAL FUND FROM WHICH THE CAPITAL APPROPRIATION FOR THE 2,073
PROJECT WAS MADE. THE DIRECTOR, WITHOUT CONTROLLING BOARD 2,074
APPROVAL, MAY AUTHORIZE SPECIFIED ADDITIONAL USES FOR THE MONEYS
RELATED TO COMPLETION OF THE PROJECT AND MAY INCREASE THE 2,075
APPROPRIATION AUTHORITY IN THE APPROPRIATION LINE ITEM USED TO 2,076
FUND THE PROJECT BY AN AMOUNT EQUAL TO THE MONEYS RECEIVED FROM 2,077
THE SURETY.
Sec. 153.32. When it becomes necessary to erect a bridge, 2,086
the board of county commissioners shall determine the length and 2,087
width of the superstructure, and whether it shall be single or 2,088
double track, and it shall advertise for proposals BIDS for 2,089
performing the labor and furnishing the materials necessary to 2,090
the erection thereof in accordance with sections 307.86 to 2,091
307.92, inclusive, of the Revised Code. 2,093
Sec. 153.33. The board of county commissioners may also 2,102
invite, receive, and consider proposals BIDS on any other plan at 2,103
the option of bidders, and shall require that any such plan 2,105
together with specifications shall be filed in the office of the 2,106
county auditor for a period of fifteen days prior to the date for 2,107
receiving bids. Such plans and specifications shall show the
number of spans, the length of each, the nature, quality, and 2,108
size of the materials to be used, the length of the structure 2,109
when completed, and whether there is any patent on the proposal 2,110
BID plan, or any part thereof, and if so, on what part thereof. 2,112
Sec. 153.34. In their ITS advertisement, the board of 2,121
48
county commissioners shall invite bidders to make proposals BIDS 2,123
for furnishing all the materials and performing all the work, or 2,125
for such parts thereof as bidders deem proper, and include such 2,126
other matter as is required in section 307.87 of the Revised
Code. 2,127
Sec. 153.50. (A) An officer, board, or other authority of 2,136
the state, a county, township, municipal corporation, or school 2,138
district, or of any public institution belonging thereto, 2,139
authorized to contract for the erection, repair, alteration, or 2,140
rebuilding of a public building, institution, bridge, culvert, or 2,141
improvement and required by law to advertise and receive
proposals BIDS for furnishing of materials and doing the work 2,143
necessary for the erection thereof, shall require separate and 2,144
distinct proposals BIDS to be made for furnishing such materials 2,146
or doing such work, or both, in their discretion, for each of the 2,147
following branches or classes of work to be performed, and all 2,148
work kindred thereto, entering into the improvement: 2,149
(1) Plumbing and gas fitting; 2,151
(2) Steam and hot-water heating, ventilating apparatus, 2,153
and steam-power plant; 2,154
(3) Electrical equipment. 2,156
(B) A public authority is not required to solicit separate 2,158
proposals BIDS for a branch or class of work specified in 2,159
division (A) of this section for an improvement if the estimated 2,161
cost for that branch or class of work is less than five thousand 2,163
dollars.
Sec. 153.571. The bond provided for in division (B) of 2,172
section 153.54 of the Revised Code shall be in substantially the 2,173
following form, and recovery of any claimant thereunder shall be 2,174
subject to sections 153.01 to 153.60 of the Revised Code, to the 2,175
same extent as if the provisions of such sections were fully 2,176
incorporated in said THE bond form: 2,177
"KNOW ALL MEN PERSONS BY THESE PRESENTS, that we, the 2,181
undersigned ................. as principal and ............. as 2,182
49
sureties, are hereby held and firmly bound unto .............. as 2,183
obligee in the penal sum of the dollar amount of the bid 2,184
submitted by the principal to the obligee on .............. to 2,185
undertake the project known as ................ The penal sum 2,186
referred to herein shall be the dollar amount of the principal's 2,187
bid to the obligee, incorporating any additive or deductive 2,188
alternate proposals BIDS made by the principal on the date 2,189
referred to above to the obligee, which are accepted by the 2,191
obligee. In no case shall the penal sum exceed the amount of 2,192
............ dollars. (If the foregoing blank is not filled in, 2,193
the penal sum will be the full amount of the principal's bid, 2,194
including alternates. Alternatively, if the blank is filled in, 2,195
the amount stated must not be less than the full amount of the 2,196
bid including alternates, in dollars and cents. A percentage is 2,197
not acceptable.) For the payment of the penal sum well and truly 2,198
to be made, we hereby jointly and severally bind ourselves, our 2,199
heirs, executors, administrators, successors, and assigns. 2,200
Signed this ............... day of ............., 19 .... 2,202
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the 2,203
above named principal has submitted a bid for .................. 2,204
Now, therefore, if the obligee accepts the bid of the 2,206
principal and the principal fails to enter into a proper contract 2,207
in accordance with the bid, plans, details, specifications, and 2,208
bills of material; and in the event the principal pays to the 2,209
obligee the difference not to exceed ten per cent of the penalty 2,210
hereof between the amount specified in the bid and such larger 2,211
amount for which the obligee may in good faith contract with the 2,212
next lowest bidder to perform the work covered by the bid; or in 2,213
the event the obligee does not award the contract to the next 2,214
lowest bidder and resubmits the project for bidding, the 2,215
principal pays to the obligee the difference not to exceed ten 2,216
per cent of the penalty hereof between the amount specified in 2,217
the bid, or the costs, in connection with the resubmission, of 2,218
printing new contract documents, required advertising, and 2,219
50
printing and mailing notices to prospective bidders, whichever is 2,220
less, then this obligation shall be null and void, otherwise to 2,221
remain in full force and effect; if the obligee accepts the bid 2,222
of the principal and the principal within ten days after the 2,223
awarding of the contract enters into a proper contract in 2,224
accordance with the bid, plans, details, specifications, and 2,225
bills of material, which said contract is made a part of this 2,226
bond the same as though set forth herein; 2,227
Now also, if the said ................ shall well and 2,229
faithfully do and perform the things agreed by .............. to 2,230
be done and performed according to the terms of said contract; 2,231
and shall pay all lawful claims of subcontractors, materialmen 2,232
MATERIALS SUPPLIERS, and laborers, for labor performed and 2,234
materials furnished in the carrying forward, performing, or 2,235
completing of said contract; we agreeing and assenting that this 2,236
undertaking shall be for the benefit of any materialman MATERIALS 2,237
SUPPLIER or laborer having a just claim, as well as for the 2,239
obligee herein; then this obligation shall be void; otherwise the 2,240
same shall remain in full force and effect; it being expressly 2,241
understood and agreed that the liability of the surety for any 2,242
and all claims hereunder shall in no event exceed the penal 2,243
amount of this obligation as herein stated.
The said surety hereby stipulates and agrees that no 2,245
modifications, omissions, or additions, in or to the terms of the 2,246
said contract or in or to the plans or specifications therefor 2,247
shall in any wise affect the obligations of said surety on its 2,248
bond." 2,249
Sec. 153.62. All contracts for the erection, construction, 2,258
repair, or alteration of any building, highway, or other work or 2,259
improvement of any nature by an officer, board, or other 2,260
authority of the state, a county, township, municipal 2,261
corporation, school district, or any political subdivision, or 2,262
any public institution belonging thereto, are subject to all 2,263
applicable federal, state, and local statutes, ordinances, and 2,264
51
regulations, including, but not limited to, those dealing with 2,265
the prevention of environmental pollution that affect or are 2,266
affected by such contracts. If the bidder to whom the work is 2,267
awarded must undertake additional work due to the enactment or 2,268
amendment of statutes, OR rules, or regulations occurring after 2,270
the submission of the successful bid proposal, the awarding body 2,271
shall issue a change order setting forth the additional work that 2,272
must be undertaken and authorizing additional cost to the 2,273
contractor, which shall not invalidate the contract. The cost of 2,274
such a change order to the awarding agency shall be determined in 2,275
accordance with the provisions of the contract for change orders 2,276
or force accounts or, if no such provision is set forth in the 2,277
contract, then the cost to the awarding agency shall be the 2,278
contractor's actual costs including wages, labor costs other than 2,279
wages, wage taxes, materials, equipment costs and rentals, 2,280
insurance, and subcontracts attributable to the additional 2,281
activity, plus a reasonable sum for overhead. Provided, however, 2,282
that such SUCH additional costs to undertake work not specified 2,283
in the invitation for proposal BIDS shall not be approved unless 2,285
written authorization is given the successful bidder prior to his 2,287
THE SUCCESSFUL BIDDER'S undertaking such additional activity. In 2,289
the event of IF a dispute ARISES between the awarding agency and 2,291
the successful bidder, procedures shall be commenced under the 2,292
applicable terms of the construction contract, or, if the 2,293
contract contains no provision for resolving the dispute, it 2,294
shall be resolved pursuant to the procedures for arbitration in 2,295
Chapter 2711. of the Revised Code.
Sec. 156.03. If the director of administrative services 2,304
wishes to enter into an installment payment contract pursuant to 2,305
section 156.04 of the Revised Code or any other contract to 2,306
implement one or more energy saving measures, he THE DIRECTOR may 2,308
proceed under THIS SECTION OR Chapter 153. of the Revised Code,
or, alternatively, he may request the controlling board to exempt 2,310
the contract from Chapter 153. of the Revised Code. 2,311
52
If the controlling board by a majority vote approves an 2,313
exemption TO PROCEED UNDER THIS SECTION, that chapter shall not 2,314
apply to the contract and instead the director shall request 2,316
proposals from at least three parties for the implementation of 2,317
energy saving measures. Prior to providing any interested party 2,318
a copy of any such request, the director shall advertise, in a 2,319
newspaper of general circulation in the county where the contract 2,320
is to be performed, his THE DIRECTOR'S intent to request 2,321
proposals for the implementation of energy saving measures. The 2,322
notice shall invite interested parties to submit proposals for 2,323
consideration and shall be published at least thirty days prior 2,324
to the date for accepting proposals.
Upon receiving the proposals, the director shall analyze 2,326
them and, after considering the cost estimates of each proposal 2,327
and the availability of funds to pay for each with current 2,328
appropriations or by financing the cost of each through an 2,329
installment payment contract under section 156.04 of the Revised 2,330
Code, may select one or more proposals or reject all proposals. 2,331
In selecting proposals, the director shall select the one or more 2,332
proposals most likely to result in the greatest savings when the 2,333
cost of the proposal is compared to the reduced energy and 2,334
operating costs that will result from implementing the proposal. 2,335
No contract shall be awarded to implement energy saving 2,337
measures under this section unless the director finds that one or 2,338
both of the following circumstances exists, as applicable: 2,339
(A) In the case of a contract for a cogeneration system 2,341
described in division (H) of section 156.01 of the Revised Code, 2,342
the cost of the contract is not likely to exceed the amount of 2,343
money that would be saved in energy and operating costs over no 2,344
more than five years; 2,345
(B) In the case of any contract for any energy saving 2,347
measure other than a cogeneration system, the cost of the 2,348
contract is not likely to exceed the amount of money that would 2,349
be saved in energy and operating costs over no more than ten 2,350
53
years. 2,351
Sec. 163.01. As used in sections 163.01 to 163.22 of the 2,360
Revised Code: 2,361
(A) "Public agency" means any governmental corporation, 2,363
unit, organization, or officer, OR ANY STATE UNIVERSITY OR 2,364
COLLEGE, authorized by law to appropriate property in the courts 2,367
of this state. "Private agency" means any other corporation, 2,368
firm, partnership, voluntary association, joint-stock 2,369
association, or company authorized by law to appropriate property 2,370
in the courts of this state. "Agency" includes any public agency 2,371
or private agency.
(B) "Court" includes the court of common pleas and the 2,373
probate court of any county in which the property sought to be 2,374
appropriated is located in whole or in part. 2,375
(C) "Owner" includes any individual, partnership, 2,377
association, or corporation having any estate, title, or interest 2,378
in any real property sought to be appropriated. 2,379
(D) "Real property," "land," or "property" includes any 2,381
estate, title, or interest in any real property which is 2,382
authorized to be appropriated by the agency in question, unless 2,383
the context otherwise requires. 2,384
Sec. 166.03. (A) There is hereby created the facilities 2,393
establishment fund within the state treasury, consisting of 2,394
proceeds from the issuance of obligations as specified under 2,395
section 166.08 of the Revised Code; the moneys received by the 2,396
state from the sources specified in section 166.09 of the Revised 2,397
Code; service charges imposed under sections 166.06 and 166.07 of 2,398
the Revised Code; any grants, gifts, or contributions of moneys 2,399
received by the director of development to be used for loans made 2,400
under section 166.07 of the Revised Code or for the payment of 2,401
the allowable costs of project facilities; and all other moneys 2,402
appropriated or transferred to the fund. Moneys in the loan 2,403
guarantee fund in excess of four per cent of the unpaid principal 2,404
amount of loan repayments guaranteed under section 166.06 of the 2,405
54
Revised Code, but subject to the provisions and requirements of 2,406
any guarantee contracts, may be transferred to the facilities 2,407
establishment fund by the treasurer of state upon the order of 2,408
the director of development. Moneys received by the state under 2,409
Chapter 122. of the Revised Code, to the extent allocable to the 2,410
utilization of moneys derived from proceeds of the sale of 2,411
obligations pursuant to section 166.08 of the Revised Code, shall 2,412
be credited to the facilities establishment fund. 2,413
(B) All moneys appropriated or transferred to the 2,415
facilities establishment fund may be released at the request of 2,416
the director for payment of allowable costs or the making of 2,417
loans under this chapter, for transfer to the loan guarantee fund 2,418
established in section 166.06 of the Revised Code, or for use for 2,419
the purpose of or transfer to the funds established by sections 2,421
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and
122.80, and until June 30, 1999, sections 122.26 and 166.031 of 2,423
the Revised Code, but only for such of those purposes as are 2,425
within the authorization of Section 13 of Article VIII, Ohio 2,426
Constitution, in all cases subject to the approval of the
controlling board EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A) OF 2,427
SECTION 166.07 OF THE REVISED CODE. 2,428
(C) Moneys transferred to the facilities establishment 2,430
fund under section 3734.82 of the Revised Code shall be used 2,431
exclusively for eligible projects that recover or recycle energy 2,432
from scrap tires, as "scrap tires" is defined in section 3734.01 2,433
of the Revised Code, for any of the following purposes: 2,434
(1) Making loans under this chapter; 2,436
(2) Making grants; 2,438
(3) Providing other incentives, including, without 2,440
limitation, entering into contracts with private entities to 2,441
conduct environmental studies or tests for eligible projects that 2,442
propose to recover energy from scrap tires. 2,443
The director shall adopt rules under division (B)(9) of 2,445
section 166.02 of the Revised Code for the purpose of 2,446
55
administering this division. 2,447
(D) The department of development, in the administration 2,449
of the facilities establishment fund, is encouraged to utilize 2,450
and promote the utilization of, to the maximum practicable 2,451
extent, the other existing programs, business incentives, and tax 2,452
incentives that department is required or authorized to 2,453
administer or supervise. 2,454
Sec. 166.07. (A) The director of development, with the 2,463
approval of the controlling board FOR ANY LOAN IN THE AMOUNT OF 2,464
THREE HUNDRED FIFTY THOUSAND DOLLARS OR MORE and subject to the 2,465
other applicable provisions of this chapter, may lend moneys in 2,466
the facilities establishment fund to persons for the purpose of 2,467
paying allowable costs of an eligible project if the director 2,468
determines that: 2,469
(1) The project is an eligible project and is economically 2,471
sound; 2,472
(2) The borrower is unable to finance the necessary 2,474
allowable costs through ordinary financial channels upon 2,475
comparable terms; 2,476
(3) The amount to be lent from the facilities 2,478
establishment fund will not exceed seventy-five per cent of the 2,479
total allowable costs of the eligible project, except that if the 2,480
entire amount to be lent from the facilities establishment fund 2,481
is derived from the issuance and sale of project financing 2,482
obligations the amount to be lent will not exceed ninety per cent 2,483
of the total allowable costs of the eligible project; 2,484
(4) The eligible project could not be achieved in the 2,486
local area in which it is to be located if the portion of the 2,487
project to be financed by the loan instead were to be financed by 2,489
a loan guaranteed under section 166.06 of the Revised Code;
(5) The amount of the loan from the facilities 2,491
establishment fund to be repaid will be adequately secured by a 2,492
mortgage, lien, assignment, or pledge, at such level of priority 2,493
as the director may require; 2,494
56
(6) The borrower will hold at least a ten per cent equity 2,496
interest in the eligible project at the time the loan is made. 2,497
(B) The determinations of the director under division (A) 2,499
of this section shall be conclusive for purposes of the validity 2,500
of a loan commitment evidenced by a loan agreement signed by the 2,501
director. 2,502
(C) Fees, charges, rates of interest, times of payment of 2,504
interest and principal, and other terms, conditions, and 2,505
provisions of and security for loans made from the facilities 2,506
establishment fund pursuant to this section shall be such as the 2,507
director determines to be appropriate and in furtherance of the 2,508
purpose for which the loans are made. The moneys used in making 2,509
such loans shall be disbursed from the facilities establishment 2,510
fund upon order of the director. The director shall give special 2,511
consideration in setting the required job creation ratios and 2,512
interest rates for loans that are for voluntary actions. 2,513
(D) The director may take actions necessary or appropriate 2,515
to collect or otherwise deal with any loan made under this 2,517
section.
(E) The director may fix service charges for the making of 2,519
a loan. Such charges shall be payable at such times and place 2,520
and in such amounts and manner as may be prescribed by the 2,521
director. 2,522
Sec. 351.01. As used in this chapter: 2,531
(A) "Convention facilities authority" means a body 2,533
corporate and politic created pursuant to section 351.02 of the 2,534
Revised Code. 2,535
(B) "Governmental agency" means a department, division, or 2,537
other unit of the state government or of a municipal corporation, 2,538
county, township, or other political subdivision of the state; 2,539
any state university or college, as defined in section 3345.12 of 2,540
the Revised Code, community college, state community college, 2,541
university branch, or technical college; any other public 2,542
corporation or agency having the power to acquire, construct, or 2,543
57
operate facilities; the United States or any agency thereof; and 2,544
any agency, commission, or authority established pursuant to an 2,545
interstate compact or agreement. 2,546
(C) "Person" means any individual, firm, partnership, 2,548
association, or corporation, or any combination of them. 2,549
(D) "Facility" or "facilities" means any convention, 2,551
entertainment, or sports facility, or combination of them, 2,552
located within the territory of the convention facilities 2,553
authority, together with all parking facilities, walkways, and 2,554
other auxiliary facilities, real and personal property, property 2,555
rights, easements and interests that may be appropriate for, or 2,556
used in connection with, the operation of the facility. 2,557
(E) "Cost" means the cost of acquisition of all land, 2,559
rights-of-way, property rights, easements, franchise rights, and 2,560
interests required for such acquisition; the cost of demolishing 2,561
or removing any buildings or structures on land so acquired, 2,562
including the cost of acquiring any lands to which such buildings 2,563
or structures may be moved; the cost of acquiring or constructing 2,564
and equipping a principal office of the convention facilities 2,565
authority; the cost of diverting highways, interchange of 2,566
highways, access roads to private property, including the cost of 2,567
land or easements for such access roads; the cost of public 2,568
utility and common carrier relocation or duplication; the cost of 2,569
all machinery, furnishings, and equipment; financing charges; 2,570
interest prior to and during construction and for no more than 2,571
eighteen months after completion of construction; expenses of 2,572
research and development with respect to facilities; legal 2,573
expenses; expenses of obtaining plans, specifications, 2,574
engineering surveys, studies, and estimates of cost and revenues; 2,575
working capital; expenses necessary or incident to determining 2,576
the feasibility or practicability of acquiring or constructing 2,577
such facility; administrative expense; and such other expenses as 2,578
may be necessary or incident to the acquisition or construction 2,579
of the facility, the financing of such acquisition or 2,580
58
construction, including the amount authorized in the resolution 2,581
of the convention facilities authority providing for the issuance 2,582
of convention facilities authority revenue bonds to be paid into 2,583
any special funds from the proceeds of such bonds, the cost of 2,584
issuing the bonds, and the financing of the placing of such 2,585
facility in operation. Any obligation, cost, or expense incurred 2,586
by any governmental agency or person for surveys, borings, 2,587
preparation of plans and specifications, and other engineering 2,588
services, or any other cost described above, in connection with 2,589
the acquisition or construction of a facility may be regarded as 2,590
part of the cost of such facility and may be reimbursed out of 2,591
the proceeds of convention facilities authority revenue bonds as 2,592
authorized by this chapter. 2,593
(F) "Owner" includes a person having any title or interest 2,595
in any property, rights, easements, or interests authorized to be 2,596
acquired by Chapter 351. of the Revised Code. 2,597
(G) "Revenues" means all rentals and other charges 2,599
received by the convention facilities authority for the use or 2,600
services of any facility, the sale of any merchandise, or the 2,601
operation of any concessions; any gift or grant received with 2,602
respect to any facility, any moneys received with respect to the 2,603
lease, sublease, sale, including installment sale or conditional 2,604
sale, or other disposition of a facility or part thereof; moneys 2,605
received in repayment of and for interest on any loans made by 2,606
the authority to a person or governmental agency, whether from 2,607
the United States or any department, administration, or agency 2,608
thereof, or otherwise; proceeds of convention facilities 2,609
authority revenue bonds to the extent the use thereof for payment 2,610
of principal or of premium, if any, or interest on the bonds is 2,611
authorized by the authority; proceeds from any insurance, 2,612
appropriation, or guaranty pertaining to a facility or property 2,613
mortgaged to secure bonds or pertaining to the financing of the 2,614
facility; income and profit from the investment of the proceeds 2,615
of convention facilities authority revenue bonds or of any 2,616
59
revenues; CONTRIBUTIONS OF THE PROCEEDS OF A TAX LEVIED PURSUANT 2,617
TO DIVISION (A)(3) OF SECTION 5739.024 OF THE REVISED CODE; and 2,619
moneys transmitted to the authority pursuant to division (B) of 2,620
section 5739.211 and division (B) of section 5741.031 of the 2,621
Revised Code.
(H) "Public roads" includes all public highways, roads, 2,623
and streets in the state, whether maintained by the state, 2,624
county, city, township, or other political subdivision. 2,625
(I) "Construction," unless the context indicates a 2,627
different meaning or intent, includes, but is not limited to, 2,628
reconstruction, enlargement, improvement, or providing fixtures, 2,629
furnishings, and equipment. 2,630
(J) "Convention facilities authority revenue bonds" or 2,632
"revenue bonds," unless the context indicates a different meaning 2,633
or intent, includes convention facilities authority revenue 2,634
notes, convention facilities authority revenue renewal notes, and 2,635
convention facilities authority revenue refunding bonds. 2,636
(K) "Convention facilities authority tax anticipation 2,638
bonds" or "tax anticipation bonds," unless the context indicates 2,639
a different meaning, includes convention facilities authority tax 2,640
anticipation bonds, tax anticipation notes, tax anticipation 2,641
renewal notes, and tax anticipation refunding bonds. 2,642
(L) "Bonds and notes" means convention facilities 2,644
authority revenue bonds and convention facilities authority tax 2,645
anticipation bonds. 2,646
(M) "Territory of the authority" means all of the area of 2,648
the county creating the convention facilities authority. 2,649
(N) "Excise taxes" means either or both of the taxes 2,651
levied pursuant to division (B) of section 351.021 of the Revised 2,652
Code. "Excise taxes" does not include taxes levied pursuant to 2,653
section 4301.424, 5743.026, or 5743.324 of the Revised Code. 2,654
(O) "Transaction" means the charge by a hotel for each 2,656
occupancy by transient guests of a room or suite of rooms used in 2,657
a hotel as a single unit for any period of twenty-four hours or 2,658
60
less. 2,659
(P) "Hotel" and "transient guests" have the same meaning 2,661
MEANINGS as in section 5739.01 of the Revised Code. 2,663
(Q) "Sports facility" means a facility intended to house 2,666
major league professional athletic teams. 2,667
(R) "Constructing" or "construction" includes providing 2,669
fixtures, furnishings, and equipment. 2,671
Sec. 351.03. (A) Except as provided in DIVISION (A)(3) OF 2,680
SECTION 5739.024 OR IN section 5739.026 of the Revised Code, no 2,682
county creating a convention facilities authority may appropriate
and expend public funds to finance or subsidize the operation of 2,683
the authority.
(B) Subject to making due provisions for payment and 2,685
performance of its obligations, a convention facilities authority 2,686
may be dissolved by the county creating it. In such event the 2,687
properties of the authority shall be transferred to the county 2,688
creating it, and the county may thereupon appropriate and expend 2,689
public funds to finance or subsidize the operation of such 2,690
facilities.
Sec. 351.141. A convention facilities authority that 2,699
levies one or both of the excise taxes authorized by division (B) 2,700
of section 351.021 of the Revised Code OR THAT RECEIVES 2,701
CONTRIBUTIONS PURSUANT TO DIVISION (A)(3) OF SECTION 5739.024 OF 2,702
THE REVISED CODE, by resolution may anticipate the proceeds of 2,704
the levy and issue convention facilities authority tax 2,705
anticipation bonds, and notes anticipating the proceeds or the 2,706
bonds, in the principal amount that, in the opinion of the 2,707
authority, are necessary for the purpose of paying the cost of 2,708
one or more facilities or parts of one or more facilities, and as 2,709
able, with the interest on them, be paid over the term of the 2,710
issue, or in the case of notes anticipating bonds over the term 2,711
of the bonds, by the estimated amount of the excise taxes OR 2,712
CONTRIBUTIONS anticipated thereby. The excise taxes OR 2,714
CONTRIBUTIONS are determined by the general assembly to satisfy
61
any applicable requirement of Section 11 of Article XII, Ohio 2,716
Constitution. An authority, at any time, may issue renewal tax 2,717
anticipation notes, issue tax anticipation bonds to pay such 2,718
notes, and, whenever it considers refunding expedient, refund any 2,719
tax anticipation bonds by the issuance of tax anticipation 2,720
refunding bonds whether the bonds to be refunded have or have not 2,721
matured, and issue tax anticipation bonds partly to refund bonds 2,722
then outstanding and partly for any other authorized purpose. 2,723
The refunding bonds shall be sold and the proceeds needed for 2,724
such purpose applied in the manner provided in the bond 2,725
proceedings to the purchase, redemption, or payment of the bonds 2,726
to be refunded.
Every issue of outstanding tax anticipation bonds shall be 2,728
payable out of the proceeds of the excise taxes OR CONTRIBUTIONS 2,729
anticipated and other revenues of the authority that are pledged 2,731
for such payment. The pledge shall be valid and binding from the 2,732
time the pledge is made, and the anticipated excise taxes, 2,733
CONTRIBUTIONS, and revenues so pledged and thereafter received by 2,735
the authority immediately shall be subject to the lien of that 2,736
pledge without any physical delivery of those excise taxes, 2,737
CONTRIBUTIONS, and revenues or further act. The lien of any 2,739
pledge is valid and binding as against all parties having claims 2,740
of any kind in tort, contract, or otherwise against the 2,741
authority, whether or not such parties have notice of the lien. 2,742
Neither the resolution nor any trust agreement by which a pledge 2,743
is created need be filed or recorded except in the authority's 2,744
records.
Whether or not the bonds or notes are of such form and 2,746
character as to be negotiable instruments under Title XIII of the 2,747
Revised Code, the bonds or notes shall have all the qualities and 2,748
incidents of negotiable instruments, subject only to their 2,749
provisions for registration, if any. 2,750
The tax anticipation bonds shall bear such date or dates, 2,752
and shall mature at such time or times, in the case of any such 2,753
62
notes or any renewals of such notes not exceeding twenty years 2,754
from the date of issue of such original notes and in the case of 2,755
any such bonds or any refunding bonds not exceeding forty years 2,756
from the date of the original issue of notes or bonds for the 2,757
purpose, and shall be executed in the manner that the resolution 2,758
authorizing the bonds may provide. The tax anticipation bonds 2,759
shall bear interest at such rates, or at variable rate or rates 2,760
changing from time to time, in accordance with provisions 2,761
provided in the authorizing resolution, be in such denominations 2,762
and form, either coupon or registered, carry such registration 2,763
privileges, be payable in such medium of payment and at such 2,764
place or places, and be subject to such terms of redemption, as 2,765
the authority may authorize or provide. The tax anticipation 2,766
bonds may be sold at public or private sale, and at, or at not 2,767
less than the price or prices as the authority determines. If 2,768
any officer whose signature or a facsimile of whose signature 2,769
appears on any bonds or coupons ceases to be such officer before 2,770
delivery of the bonds, the signature or facsimile shall 2,771
nevertheless be sufficient for all purposes as if he THE OFFICER 2,772
had remained in office until delivery of the bonds, and in case 2,774
the seal of the authority has been changed after a facsimile has 2,775
been imprinted on the bonds, the facsimile seal will continue to 2,776
be sufficient for all purposes. 2,777
Any resolution or resolutions authorizing any tax 2,779
anticipation bonds or any issue of tax anticipation bonds may 2,780
contain provisions, subject to any agreements with bondholders as 2,781
may then exist, which provisions shall be a part of the contract 2,782
with the holders of the bonds, as to the pledging of any or all 2,783
of the authority's anticipated excise taxes, CONTRIBUTIONS, and 2,785
revenues to secure the payment of the bonds or of any issue of 2,786
the bonds; the use and disposition of revenues of the authority; 2,787
the crediting of the proceeds of the sale of bonds to and among 2,788
the funds referred to or provided for in the resolution; 2,789
limitations on the purpose to which the proceeds of sale of the 2,790
63
bonds may be applied and the pledging of portions of such 2,791
proceeds to secure the payment of the bonds or of any issue of 2,792
the bonds; as to notes issued in anticipation of the issuance of 2,793
bonds, the agreement of the authority to do all things necessary 2,794
for the authorization, issuance, and sale of such bonds in such 2,795
amounts as may be necessary for the timely retirement of such 2,796
notes; limitations on the issuance of additional bonds; the terms 2,797
upon which additional bonds may be issued and secured; the 2,798
refunding of outstanding bonds; the procedure, if any, by which 2,799
the terms of any contract with bondholders may be amended, the 2,800
amount of bonds the holders of which must consent thereto, and 2,801
the manner in which such consent may be given; securing any bonds 2,802
by a trust agreement in accordance with section 351.16 of the 2,803
Revised Code; any other matters, of like or different character, 2,804
that in any way affect the security or protection of the bonds. 2,805
The excise taxes anticipated by the bonds, including bonds 2,806
anticipated by notes, shall not be subject to diminution by 2,807
initiative or referendum or by law while the bonds or notes 2,808
remain outstanding in accordance with their terms, unless 2,809
provision is made by law or by the authority for an adequate 2,810
substitute therefor reasonably satisfactory to the trustee, if a 2,811
trust agreement secures the bonds. 2,812
Neither the members of the board of directors of the 2,814
authority nor any person executing the bonds shall be liable 2,815
personally on the bonds or be subject to any personal liability 2,816
or accountability by reason of the issuance thereof. 2,817
Sec. 901.82. (A) In administering the program established 2,827
under section 901.80 of the Revised Code, the director of 2,829
agriculture shall do all of the following:
(1) Receive applications for financial assistance 2,831
forwarded to the director by the department of development, and, 2,832
after processing, forward them to the agricultural financing 2,833
commission together with necessary supporting information; 2,835
(2) Receive the recommendations of the commission made 2,837
64
under division (A)(1) of section 901.63 of the Revised Code and 2,840
make a final determination whether to approve the application for 2,841
financial assistance;
(3) Transmit the director's determinations to approve 2,843
assistance to the controlling board DIRECTOR OF BUDGET AND 2,845
MANAGEMENT OR THE DIRECTOR OF BUDGET AND MANAGEMENT'S DESIGNEE 2,846
together with any information the controlling board DIRECTOR OF 2,847
BUDGET AND MANAGEMENT OR THE DIRECTOR OF BUDGET AND MANAGEMENT'S 2,848
DESIGNEE requires for its review and its decision IN DECIDING 2,851
whether to approve the release of money for the financial 2,852
assistance; 2,853
(4) Work in conjunction with financial institutions and 2,856
other private and public financing sources to purchase loans from 2,857
financial institutions or provide loan guarantees to eligible 2,858
applicants;
(5) Require each applicant to provide a farm business 2,860
plan, including an overview of the type of agricultural operation 2,861
the applicant anticipates conducting, and a management strategy 2,862
for the project; 2,863
(6) Inform agricultural organizations and others in the 2,865
state of the existence of the program established under section 2,867
901.80 of the Revised Code and of the financial assistance 2,868
available under the program;
(7) Report to the governor, president of the senate, 2,870
speaker of the house of representatives, and minority leaders of 2,871
the senate and the house of representatives by the thirtieth day 2,872
of June of each year on the activities carried out under the 2,873
program during the preceding calendar year. The report shall 2,874
include the number of loans purchased or loan guarantees made 2,875
that year, the amount of each such loan or loan guarantee, the 2,878
county in which the loan recipient's farm is located, and 2,880
whatever other information the director determines is relevant to 2,881
include.
(8) Adopt rules in accordance with Chapter 119. of the 2,884
65
Revised Code establishing all of the following with regard to the 2,886
program:
(a) Forms and procedures by which eligible applicants may 2,889
apply for financial assistance;
(b) Criteria for reviewing, evaluating, and ranking 2,892
applications, and for approving applications that best serve the 2,893
goals of the program;
(c) Reporting requirements and monitoring procedures; 2,896
(d) Interest rates, payment schedules, loan transfer 2,898
provisions, penalties, including penalties for the conversion of 2,899
land devoted exclusively to agricultural use as defined in 2,900
section 5713.30 of the Revised Code, and other terms and 2,901
conditions for loans purchased and loan guarantees provided under 2,902
the program;
(e) Criteria for determining whether the location at which 2,904
the applicant proposes to use financial assistance provided under 2,905
the program is in an area in which agriculture is the primary 2,907
land use at the time the application is made and whether the land 2,908
at that location reasonably may not be expected to be converted 2,909
to a nonagricultural use during the period of time that the
applicant's obligation to repay the loan remains outstanding; 2,910
(f) Any other rules necessary to implement and administer 2,913
the program.
(B) In order to be eligible for financial assistance under 2,916
section 901.80 of the Revised Code, an applicant shall 2,918
demonstrate all of the following:
(1) That the applicant is domiciled in this state; 2,920
(2) That the applicant is unable to obtain sufficient 2,922
financing from commercial or agricultural lending sources; 2,924
(3) That the applicant has the ability to repay the loan, 2,926
primarily from the cash flow of the proposed farming operation, 2,927
and that there is adequate security for the loan; 2,928
(4) That the applicant has sufficient education, training, 2,930
or experience in the type of farming for which the applicant 2,931
66
requests the financial assistance; 2,932
(5) That there are no zoning restrictions, environmental 2,934
regulations, or other impairments to the use of the land for the 2,935
purpose intended;
(6) That the location at which the applicant proposes to 2,937
use the financial assistance is in an area in which agriculture 2,938
is the primary land use at the time the application is made and 2,940
that the land at that location reasonably may not be expected to 2,941
be converted to a nonagricultural use during the period of time
that the applicant's obligation to repay the financial assistance 2,942
remains outstanding. In demonstrating the information required 2,944
under division (B)(5) of this section, the applicant shall 2,945
utilize criteria established in rules adopted under division 2,946
(A)(8)(e) of this section.
Sec. 901.83. (A) Upon approval by the controlling board 2,956
DIRECTOR OF BUDGET AND MANAGEMENT OR THE DIRECTOR'S DESIGNEE 2,957
under division (A)(3) of section 901.82 of the Revised Code of 2,959
the release of money to be used for a loan guarantee under the 2,960
program established under section 901.80 of the Revised Code, the 2,962
financial institution providing the loan and the director of 2,963
agriculture shall enter into a contract of guarantee establishing 2,964
the terms of the guarantee. 2,965
Under the contract of guarantee, the director of 2,967
agriculture shall agree to deposit with the financial institution 2,969
the amount of a loan guarantee consisting of money released by
the controlling board DIRECTOR OF BUDGET AND MANAGEMENT OR THE 2,970
DIRECTOR'S DESIGNEE for that purpose, in an amount that is a 2,971
specified percentage of the amount loaned to the eligible 2,972
applicant by the financial institution. The director shall agree 2,974
that if the loan recipient defaults on the loan and the financial 2,975
institution exhausts all legal and equitable remedies as 2,976
specified in the contract of guarantee in an attempt to obtain
complete repayment, but does not receive complete repayment, then 2,978
the loan guarantee shall be used to reimburse the financial 2,979
67
institution.
In exchange, the financial institution shall agree to pay 2,981
annually to the department of development a specified percentage 2,982
of the amount of the loan guarantee, which shall be deposited 2,983
into the family farm loan fund created in section 166.031 of the 2,985
Revised Code. The financial institution also shall agree to lend 2,986
the guaranteed portion of the loan to the eligible applicant at 2,987
an interest rate below current market rates that reflects the 2,988
state's reduced interest rate. 2,989
(B) A guaranteed financial institution, except to the 2,992
extent that its rights are restricted by the contract of 2,993
guarantee, may protect and enforce, by any suitable form of legal 2,994
proceedings, any of its rights granted under the laws of this 2,995
state or granted by the contract of guarantee. Such rights 2,996
include the right to compel performance of all duties of the 2,997
director required by the contract of guarantee. The person who 2,998
is the director at the time the contract of guarantee is entered 2,999
into or at a later time, and the director's officers or 3,000
employees, are not liable in their personal capacities on any 3,001
contract of guarantee entered into by the director. 3,002
(C) The total amount of loan guarantees provided to any 3,005
one financial institution shall not exceed five hundred thousand 3,006
dollars. For the purposes of this division, "financial 3,007
institution" refers to the financial institution as a whole 3,008
corporate entity, and does not refer to a banking office or 3,009
branch, as those terms are defined in section 1101.01 of the 3,010
Revised Code.
Sec. 3315.01. (A) Except as provided in division (B) of 3,019
this section and notwithstanding sections 3315.12 and 3315.14 of 3,020
the Revised Code, the board of education of any school district 3,021
may adopt a resolution requiring the treasurer of the district to 3,022
credit the earnings made on the investment of the principal of 3,023
the moneys specified in the resolution to the fund from which the
earnings arose or any other fund of the district as the board 3,024
68
specifies in its resolution. 3,025
(B) This section does not apply to the earnings made on 3,027
the investment of the bond retirement fund, the sinking fund, A 3,028
PROJECT CONSTRUCTION FUND ESTABLISHED PURSUANT TO SECTIONS 3,029
3318.01 TO 3318.20 OF THE REVISED CODE, or the payments received 3,030
by school districts pursuant to division (L) of section 3317.024 3,031
of the Revised Code. 3,032
Sec. 3316.03. (A) The auditor of state shall declare a 3,041
school district to be in a state of fiscal watch if the auditor 3,042
of state determines that division (A)(1), (2), or (3) of this 3,043
section applies to the school district: 3,044
(1) All of the following conditions are satisfied with 3,046
respect to the school district: 3,047
(a) An operating deficit has been certified for the 3,049
current fiscal year by the auditor of state under section 3,050
3313.483 of the Revised Code, and the certified operating deficit 3,052
exceeds eight per cent of the school district's general fund 3,053
revenue for the preceding fiscal year; 3,054
(b) The unencumbered cash balance in the school district's 3,057
general fund at the close of the preceding fiscal year, less any 3,058
advances of property taxes, was less than eight per cent of the 3,059
expenditures made from the general fund for the preceding fiscal 3,060
year;
(c) A majority of the voting electors have not voted in 3,062
favor of levying a tax under section 5705.194 or 5705.21 or 3,064
Chapter 5748. of the Revised Code that the auditor of state 3,065
expects will raise enough additional revenue in the next 3,066
succeeding fiscal year that divisions (A)(1)(a) and (b) of this 3,067
section will not apply to the district in such next succeeding 3,068
fiscal year.
(2) The school district has outstanding securities issued 3,070
under division (A)(4) of section 3316.06 of the Revised Code and 3,071
its financial planning and supervision commission has been 3,072
terminated under section 3316.16 of the Revised Code. 3,073
69
(3) The school district has received an advancement under 3,075
section 3316.20 of the Revised Code. 3,076
(B) The auditor of state, after consulting with the 3,078
superintendent of public instruction, shall issue an order 3,079
declaring a school district to be in a state of fiscal emergency 3,081
if the auditor of state determines that division (B)(1), (2), 3,082
(3), or (4) of this section applies to the school district: 3,083
(1) All of the following conditions are satisfied with 3,085
respect to the school district: 3,086
(a) The board of education of the school district is not 3,088
able to demonstrate, to the auditor of state's satisfaction, the 3,089
district's ability to repay outstanding loans received pursuant 3,090
to section 3313.483 of the Revised Code or to repay securities 3,091
issued pursuant to section 133.301 of the Revised Code in 3,092
accordance with applicable repayment schedules unless the board 3,093
requests additional loans under section 133.301 of the Revised 3,095
Code in an aggregate principal amount exceeding fifty per cent of 3,096
the sum of the following: 3,097
(i) The aggregate original principal amount of loans 3,100
received in the preceding fiscal year under section 3313.483 of 3,101
the Revised Code;
(ii) The aggregate amount borrowed by the district under 3,103
section 133.301 of the Revised Code, excluding any additional 3,105
amount borrowed as authorized under division (C) of that section. 3,106
(b) An operating deficit has been certified for the 3,108
current fiscal year by the auditor of state under section 3,109
3313.483 of the Revised Code, and the certified operating deficit 3,111
exceeds fifteen per cent of the school district's general fund 3,112
revenue for the preceding fiscal year. In determining the amount 3,113
of an operating deficit under division (B)(1)(b) of this section, 3,114
the auditor of state shall credit toward the amount of that 3,115
deficit only the amount that may be borrowed from the spending 3,116
reserve balance as determined under section 133.301 and division 3,117
(F) of section 5705.29 of the Revised Code. 3,118
70
(c) A majority of the voting electors have not voted in 3,120
favor of levying a tax under section 5705.194 or 5705.21 or 3,122
Chapter 5748. of the Revised Code that the auditor of state 3,123
expects will raise enough additional revenue in the next 3,124
succeeding fiscal year that divisions (A)(1)(a) and (b) of this 3,125
section will not apply to the district in such next succeeding 3,126
fiscal year.
(d) The school district is one that, at the time of the 3,128
auditor of state's determination under this section, had a total 3,130
student count of more than ten thousand students as most recently 3,131
determined by the department of education pursuant to section 3,133
3317.03 of the Revised Code. 3,134
(2) The school district board fails, pursuant to section 3,137
3316.04 of the Revised Code, to submit a plan acceptable to the 3,138
state superintendent of public instruction within one hundred 3,139
twenty days of the auditor of state's declaration under division 3,140
(A) of this section; 3,141
(3) A declaration of fiscal emergency is required by 3,143
division (D) of section 3316.04 of the Revised Code; 3,144
(4) The school district has received more than one 3,146
advancement under section 3316.20 of the Revised Code within a 3,148
two-year period, or has received only one such advancement but 3,149
also has an operating deficit as described in division (B)(1)(b) 3,150
of this section.
(C) In making the determinations under this section, the 3,152
auditor of state may use financial reports required under section 3,153
117.43 of the Revised Code; tax budgets, certificates of 3,155
estimated resources and amendments thereof, annual appropriating 3,156
measures and spending plans, and any other documents or 3,157
information prepared pursuant to Chapter 5705. of the Revised 3,158
Code; and any other documents, records, or information available 3,159
to the auditor of state that indicate the conditions described in 3,160
divisions (A) and (B) of this section.
(D) The auditor of state shall certify the action taken 3,162
71
under division (A) or (B) of this section to the board of 3,163
education of the school district, the director of budget and 3,164
management, the mayor or county auditor who could be required to 3,165
act pursuant to division (B)(1) of section 3316.05 of the Revised
Code, and to the superintendent of public instruction. 3,166
(E) A determination by the auditor of state under this 3,168
section that a fiscal emergency condition does not exist is final 3,169
and conclusive and not appealable. A determination by the 3,170
auditor of state under this section that a fiscal emergency 3,171
exists is final, except that the board of education of the school 3,172
district affected by such a determination may appeal the
determination of the existence of a fiscal emergency condition to 3,173
the court of appeals having territorial jurisdiction over the 3,174
school district. The appeal shall be heard expeditiously by the 3,175
court of appeals and for good cause shown shall take precedence 3,176
over all other civil matters except earlier matters of the same 3,177
character. Notice of such appeal must be filed with the auditor
of state and such court within thirty days after certification by 3,178
the auditor of state to the board of education of the school 3,179
district provided for in division (D) of this section. In such 3,180
appeal, determinations of the auditor of state shall be presumed 3,181
to be valid and the board of education shall have the burden of 3,182
proving, by clear and convincing evidence, that each of the 3,183
determinations made by the auditor of state as to the existence
of a fiscal emergency condition under this section was in error. 3,184
If the board of education fails, upon presentation of its case, 3,185
to prove by clear and convincing evidence that each such 3,186
determination by the auditor of state was in error, the court 3,187
shall dismiss the appeal. The board of education and the auditor 3,188
of state may introduce any evidence relevant to the existence or
nonexistence of such fiscal emergency conditions. The pendency 3,189
of any such appeal shall not affect or impede the operations of 3,190
this chapter; no restraining order, temporary injunction, or 3,191
other similar restraint upon actions consistent with this chapter 3,192
72
shall be imposed by the court or any court pending determination 3,193
of such appeal; and all things may be done under this chapter 3,194
that may be done regardless of the pendency of any such appeal.
Any action taken or contract executed pursuant to this chapter 3,195
during the pendency of such appeal is valid and enforceable among 3,196
all parties, notwithstanding the decision in such appeal. If the 3,197
court of appeals reverses the determination of the existence of a 3,198
fiscal emergency condition by the auditor of state, the 3,199
determination no longer has any effect, and any procedures 3,200
undertaken as a result of the determination shall be terminated. 3,201
Sec. 3317.0212. Divisions (B) and (C) of this section do 3,210
not apply to a school district with a formula ADM of one hundred 3,212
fifty or less.
(A) As used in this section: 3,214
(1) "Fundamental FY 1997 state aid" or "fundamental FY 3,217
1998 state aid" for a district means the total amount of state 3,218
money received by the district in FOR the applicable fiscal year 3,220
as reported on the department of education's form "SF-12," 3,222
adjusted as follows: 3,223
(a) Minus the amount for transportation; 3,225
(b) Minus any amounts for approved preschool handicapped 3,228
units;
(c) Minus any additional amount attributable to the 3,231
reappraisal guarantee of division (C) of section 3317.04 of the 3,232
Revised Code; 3,234
(d) Plus the amount deducted for payments to an 3,236
educational service center; 3,237
(e) Plus an estimated portion of the state money 3,239
distributed in the applicable fiscal year to other school 3,240
districts or educational service centers for approved units, 3,241
other than preschool handicapped or gifted education units, 3,242
attributable to the costs of providing services in those units to 3,244
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 3,246
73
distributed to the school district in the applicable fiscal year 3,247
for approved units, other than preschool handicapped units or 3,248
gifted education units, attributable to the costs of providing 3,249
services in those units to students entitled to attend school in 3,250
another school district; 3,251
(g) Plus any additional amount paid in the applicable 3,254
fiscal year pursuant to the vocational education recomputation 3,255
required by Section 45.12 of Amended Substitute House Bill No. 3,260
117 of the 121st general assembly or former Section 50.22 of 3,262
Amended Substitute House Bill No. 215 of the 122nd general 3,267
assembly;
(h) Plus any additional amount paid in the applicable 3,270
fiscal year pursuant to the special education recomputation 3,271
required by former division (I) of section 3317.023 of the 3,272
Revised Code; 3,274
(i) Plus any amount paid for equity aid in the applicable 3,277
fiscal year under section 3317.0213 of the Revised Code; 3,279
(j) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL 3,281
YEAR PURSUANT TO SECTION 3317.027 OF THE REVISED CODE; 3,283
(k) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL 3,285
YEAR RESULTING FROM A RECOMPUTATION MADE UNDER DIVISION (B) OF 3,286
SECTION 3317.022 OF THE REVISED CODE. 3,287
(2) "Enhanced FY 1998 state aid" for a district means its 3,290
fundamental FY 1998 state aid plus any amounts for which the 3,291
district was eligible pursuant to division (K) of section 3,293
3317.024 of the Revised Code, as that division existed in fiscal 3,294
year 1998. 3,295
(3) "State basic aid" for a district in FOR any fiscal 3,297
year after fiscal year 1998 means the sum of the following: 3,300
(a) The amount computed for the district for basic formula 3,302
aid and special education funding under divisions (A), (B), and 3,304
(C)(1) of section 3317.022 and sections 3317.025 to 3317.028 AND 3,306
3317.027 of the Revised Code and DPIA aid under section 3317.029 3,307
of the Revised Code in the current fiscal year before any 3,309
74
deduction or credit required by division (B), (D), (E), (F), (G), 3,311
(H), (I), (J), or (K) of section 3317.023 or division (J) of 3,312
section 3317.029 of the Revised Code; 3,314
(b) Any amounts for which the district is eligible 3,317
pursuant to division (C) of section 3317.023, divisions (G) and 3,319
(P) of section 3317.024, and division (B) of section 3317.162 of 3,320
the Revised Code; 3,321
(c) Any equity aid for which the district is eligible 3,324
under section 3317.0213 of the Revised Code.
(B) Upon request of the department of education, the 3,326
treasurer of any school district or educational service center 3,327
shall furnish data needed to calculate the amounts specified in 3,328
divisions (A)(1)(e) and (f) of this section. The department 3,329
shall compute the state basic aid guarantee for each school 3,331
district for the fiscal year as follows: 3,332
(1) Subtract the amount of state basic aid from the amount 3,335
of fundamental FY 1998 state aid. If a negative number, this 3,336
computation shall be deemed to be zero. 3,337
(2) Compute the following amounts: 3,339
(a) Formula ADM X (state basic aid/formula ADM); 3,342
(b) The greater of formula ADM or three-year average 3,345
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 3,346
(3) If the amount computed under division (B)(2)(b) of 3,349
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 3,351
greater. If the amount computed under division (B)(2)(b) of this 3,352
section is not greater than the amount computed under division 3,353
(B)(2)(a) of this section, this computation shall be deemed to be 3,354
zero.
(4) Except as provided in division (C) of this section, 3,357
the department shall determine for each district the lesser of 3,358
the amounts computed in divisions (B)(1) and (3) of this section 3,360
and, if greater than zero, pay the district that amount. 3,362
(C) In fiscal year 1999, the department shall calculate 3,365
75
for each district the sum of the district's state basic aid for 3,367
fiscal year 1999 plus the transportation portion of state aid 3,369
computed under division (D) of section 3317.022 of the Revised 3,372
Code for the district for fiscal year 1999. If a district's 3,373
enhanced FY 1998 state aid is greater than that sum, then the 3,374
department shall pay the district in fiscal year 1999 one hundred 3,376
per cent of the difference or the amount required by division 3,377
(B)(4) of this section, whichever is greater. 3,378
(D)(1) The state basic aid guarantee in any fiscal year 3,380
for a school district with a formula ADM of one hundred fifty or 3,381
less shall be the greatest of the following amounts: 3,382
(a) The district's state basic aid for the fiscal year; 3,384
(b) The district's fundamental FY 1998 state aid; 3,386
(c) The district's fundamental FY 1997 state aid; 3,388
(2) If in any fiscal year the state basic aid for a school 3,390
district with a formula ADM of one hundred fifty or less is less 3,391
than the guarantee amount determined for the district under 3,392
division (D)(1) of this section, the department of education 3,393
shall pay the district the amount of the difference. 3,394
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 3,404
and (C) of this section, any student enrolled in kindergarten 3,405
more than half time shall be reported as one-half student under 3,406
this section.
(A) The superintendent of each city and exempted village 3,409
school district and of each educational service center shall, for 3,410
the schools under the superintendent's supervision, certify to 3,411
the state board of education on or before the fifteenth day of 3,412
October in each year for the first full school week in October 3,413
the formula ADM, which shall consist of the average daily 3,414
membership during such week of the sum of the following: 3,415
(1) On an FTE basis, the number of students in grades 3,418
kindergarten through twelve receiving any educational services 3,419
from the district, except that the following categories of 3,420
students shall not be included in the determination: 3,421
76
(a) Students enrolled in adult education classes; 3,423
(b) Adjacent or other district students enrolled in the 3,425
district under an open enrollment policy pursuant to section 3,426
3313.98 of the Revised Code; 3,427
(c) Students receiving services in the district pursuant 3,429
to a compact, cooperative education agreement, or a contract, but 3,430
who are entitled to attend school in another district pursuant to 3,431
section 3313.64 or 3313.65 of the Revised Code; 3,432
(d) Students for whom tuition is payable pursuant to 3,435
sections 3317.081 and 3323.141 of the Revised Code. 3,436
(2) On an FTE basis, the number of students entitled to 3,439
attend school in the district pursuant to section 3313.64 or 3,440
3313.65 of the Revised Code, but receiving educational services 3,442
in grades kindergarten through twelve from one or more of the
following entities: 3,443
(a) A community school pursuant to Chapter 3314. of the 3,446
Revised Code or Section 50.52 of Amended Substitute House Bill 3,447
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 3,449
3313.979 of the Revised Code as described in division (I)(2)(a) 3,451
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 3,453
Code;
(d) An adjacent or other school district under an open 3,456
enrollment policy adopted pursuant to section 3313.98 of the 3,457
Revised Code; 3,458
(e) An educational service center or cooperative education 3,461
district;
(f) Another school district under a cooperative education 3,464
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 3,466
joint vocational school district OR UNDER A VOCATIONAL EDUCATION 3,467
COMPACT;
(4) The number of handicapped children, other than 3,469
77
handicapped preschool children, entitled to attend school in the 3,470
district pursuant to section 3313.64 or 3313.65 of the Revised 3,472
Code who are placed with a county MR/DD board, minus the number 3,475
of such children placed with a county MR/DD board in fiscal year 3,476
1998. If this calculation produces a negative number, the number 3,478
reported under division (A)(4) of this section shall be zero. 3,480
(B) To enable the department of education to obtain the 3,483
data needed to complete the calculation of payments pursuant to 3,484
this chapter, in addition to the formula ADM, each superintendent 3,486
shall report separately the following student counts: 3,487
(1) The total average daily membership in regular day 3,489
classes included in the report under division (A)(1) or (2) of 3,490
this section for kindergarten, and each of grades one through 3,491
twelve in schools under the superintendent's supervision; 3,493
(2) The average daily membership of all handicapped 3,495
preschool children included in a unit approved for the district 3,496
under section 3317.05 of the Revised Code, in accordance with 3,497
rules adopted under that section; 3,498
(3) The number of children entitled to attend school in 3,500
the district pursuant to section 3313.64 or 3313.65 of the 3,501
Revised Code who are participating in a pilot project scholarship 3,503
program established under sections 3313.974 to 3313.979 of the 3,504
Revised Code as described in division (I)(2)(a) or (b) of this 3,506
section, are enrolled in a college under Chapter 3365. of the 3,507
Revised Code, are enrolled in an adjacent or other school 3,508
district under section 3313.98 of the Revised Code, are enrolled 3,509
in a community school established under Chapter 3314. of the 3,511
Revised Code or Section 50.52 of Amended Substitute House Bill 3,512
No. 215 of the 122nd general assembly, or are participating in a 3,513
program operated by a county MR/DD board or a state institution; 3,515
(4) The number of pupils enrolled in joint vocational 3,517
schools; 3,518
(5) The average daily membership of handicapped children 3,521
reported under division (A)(1) or (2) of this section receiving 3,522
78
category one special education services, described in division 3,523
(A) of section 3317.013 of the Revised Code; 3,524
(6) The average daily membership of handicapped children 3,526
reported under division (A)(1) or (2) of this section receiving 3,527
category two special education services, described in division 3,528
(B) of section 3317.013 of the Revised Code; 3,529
(7) The average daily membership of handicapped children 3,531
reported under division (A)(1) or (2) of this section identified 3,533
as having any of the handicaps specified in division (F)(3) of 3,534
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 3,536
division (A)(1) or (2) of this section enrolled in vocational 3,538
education programs or classes operated by the school district or 3,539
by another district other than a joint vocational school district
or by an educational service center; 3,540
(9) The average number of children transported by the 3,542
school district on board-owned or contractor-owned and operated 3,543
buses, reported in accordance with rules adopted by the 3,545
department of education;
(10)(a) The number of children, other than handicapped 3,548
preschool children, the district placed with a county MR/DD board 3,549
in fiscal year 1998; 3,550
(b) The number of handicapped children, other than 3,552
handicapped preschool children, placed with a county MR/DD board 3,554
in the current fiscal year to receive category one special 3,555
education services, described in division (A) of section 3317.013 3,557
of the Revised Code; 3,558
(c) The number of handicapped children, other than 3,560
handicapped preschool children, placed with a county MR/DD board 3,562
in the current fiscal year to receive category two special 3,563
education services, described in division (B) of section 3317.013 3,565
of the Revised Code; 3,566
(d) The number of handicapped children, other than 3,568
handicapped preschool children, placed with a county MR/DD board 3,570
79
in the current fiscal year to receive category three special 3,571
education services, described in division (F)(3) of section 3,573
3317.02 of the Revised Code. 3,575
(C) Except as otherwise provided in this section for 3,577
kindergarten students, the average daily membership in divisions 3,578
(B)(1) to (8) of this section shall be based upon the number of 3,580
full-time equivalent students. The state board of education 3,581
shall adopt rules defining full-time equivalent students and for 3,582
determining the average daily membership therefrom for the 3,584
purposes of divisions (A) and (B) of this section. No child 3,585
shall be counted as more than a total of one child in the sum of 3,587
the average daily memberships of a school district under division 3,588
(A) or under divisions (B)(1) to (8) of this section. Based on 3,589
the information reported under this section, the department of 3,590
education shall determine the total student count, as defined in 3,591
section 3301.011 of the Revised Code, for each school district. 3,592
(D) The superintendent of each joint vocational and 3,594
cooperative education school district shall certify to the 3,596
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable average daily 3,597
memberships for all students in the joint vocational or 3,599
cooperative education school district, also indicating the city, 3,600
local, or exempted village school district of residence for each 3,601
pupil.
(E) In each school of each city, local, exempted village, 3,603
joint vocational, and cooperative education school district there 3,604
shall be maintained a record of school membership, which record 3,605
shall accurately show, for each day the school is in session, the 3,606
actual membership enrolled in regular day classes. For the 3,607
purpose of determining average daily membership, the membership 3,608
figure of any school shall not include any pupils except those 3,609
pupils described by division (A) of this section. The record of 3,611
membership for each school shall be maintained in such manner 3,612
that no pupil shall be counted as in membership prior to the 3,613
80
actual date of entry in the school and also in such manner that 3,614
where for any cause a pupil permanently withdraws from the school 3,615
that pupil shall not be counted as in membership from and after 3,617
the date of such withdrawal. There shall not be included in the 3,618
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 3,621
a public high school;
(2) Any pupil who is not a resident of the state; 3,623
(3) Any pupil who was enrolled in the schools of the 3,626
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 3,627
not take one or more of the tests required by that section and 3,628
was not excused pursuant to division (C)(1) of that section; 3,629
(4) Any pupil who has attained the age of twenty-two 3,631
years, except for the following: 3,632
(a) Persons suffering from tuberculosis and receiving 3,634
treatment in any approved state, county, district, or municipal 3,635
tuberculosis hospital who have not graduated from the twelfth 3,636
grade of a public high school; 3,637
(b) Veterans of the armed services whose attendance was 3,639
interrupted before completing the recognized twelve-year course 3,640
of the public schools by reason of induction or enlistment in the 3,641
armed forces and who apply for reenrollment in the public school 3,642
system of their residence not later than four years after 3,643
termination of war or their honorable discharge. 3,644
If, however, any veteran described by division (E)(4)(b) of 3,647
this section elects to enroll in special courses organized for 3,648
veterans for whom tuition is paid under the provisions of federal 3,649
laws, or otherwise, that veteran shall not be included in average 3,651
daily membership.
Notwithstanding division (E)(3) of this section, the 3,653
membership of any school may include a pupil who did not take a 3,654
test required by section 3301.0711 of the Revised Code if the 3,655
superintendent of public instruction grants a waiver from the 3,656
81
requirement to take the test to the specific pupil. The 3,657
superintendent may grant such a waiver only for good cause in 3,658
accordance with rules adopted by the state board of education. 3,659
The average daily membership figure of any local, city, or 3,661
exempted village school district shall be determined by dividing 3,662
the figure representing the sum of the number of pupils enrolled 3,663
during each day the school of attendance is actually open for 3,664
instruction during the first full school week in October by the 3,666
total number of days the school was actually open for instruction 3,667
during that week. For purposes of state funding, "enrolled" 3,668
persons are only those pupils who are attending school, those who 3,669
have attended school during the current school year and are 3,670
absent for authorized reasons, and those handicapped children 3,671
currently receiving home instruction. 3,672
The average daily membership figure of any joint vocational 3,674
or cooperative education school district shall be determined in 3,675
accordance with rules adopted by the state board of education. 3,676
(F)(1) If the formula ADM for the first full school week 3,679
in February is at least three per cent greater than that 3,680
certified for the first full school week in the preceding 3,681
October, the superintendent of schools of any city or exempted 3,682
village school district or educational service center shall 3,683
certify such increase to the superintendent of public 3,684
instruction. Such certification shall be submitted no later than 3,685
the fifteenth day of February. For the balance of the fiscal 3,686
year, beginning with the February payments, the superintendent of 3,687
public instruction shall use the increased formula ADM in 3,689
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 3,692
event shall the superintendent use an increased membership 3,693
certified to the superintendent after the fifteenth day of 3,694
February.
(2) If during the first full school week in February the 3,696
total number of units for handicapped preschool children that are 3,699
82
eligible for approval under division (B) of section 3317.05 of 3,700
the Revised Code exceeds the number of such units that have been 3,701
approved for the year under such division, the superintendent of 3,702
schools of any city, exempted village, or cooperative education 3,703
school district or educational service center shall make the 3,704
certifications required by this section for such week. If the 3,705
state board of education determines additional units can be 3,706
approved for the fiscal year within any limitations set forth in 3,707
the acts appropriating moneys for the funding of such units, the 3,709
board shall approve additional units for the fiscal year on the 3,710
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 3,711
computed in the manner prescribed in section 3317.161 or 3317.19 3,713
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 3,715
total number of special education units that are eligible for 3,716
approval under division (D)(1) of section 3317.05 of the Revised 3,717
Code for a joint vocational school district exceeds the number of 3,718
those units that have been approved for the year under that 3,719
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 3,720
state board of education determines additional units can be 3,721
approved for the fiscal year within any limitations set forth in 3,722
the acts appropriating moneys for the funding of such units, the 3,723
state board shall approve additional units for the fiscal year on 3,724
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 3,725
computed in the manner prescribed by section 3317.16 of the 3,726
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 3,728
special education program pursuant to section 3323.091 of the 3,729
Revised Code shall, for the programs under such superintendent's 3,731
supervision, certify to the state board of education the average 3,732
daily membership of all handicapped children in classes or 3,733
83
programs approved annually by the state board of education, in 3,734
the manner prescribed by the superintendent of public 3,735
instruction.
(b) The superintendent of an institution with vocational 3,738
education units approved under division (A) of section 3317.05 of 3,739
the Revised Code shall, for the units under the superintendent's 3,741
supervision, certify to the state board of education the average 3,742
daily membership in those units, in the manner prescribed by the 3,743
superintendent of public instruction. 3,744
(2) The superintendent of each county MR/DD board that 3,746
maintains special education classes or units approved by the 3,747
state board of education pursuant to section 3317.05 of the 3,749
Revised Code shall do both of the following: 3,750
(a) Certify to the state board, in the manner prescribed 3,753
by the board, the average daily membership in classes and units 3,754
approved under division (D)(1) of section 3317.05 of the Revised 3,755
Code for each school district that has placed children in the 3,756
classes or units;
(b) Certify to the state board, in the manner prescribed 3,758
by the board, the average daily membership in preschool 3,760
handicapped units approved under division (B) of section 3317.05 3,762
of the Revised Code.
(3) If during the first full school week in February the 3,764
average daily membership of the classes or units maintained by 3,765
the county MR/DD board that are eligible for approval under 3,766
division (D)(1) of section 3317.05 of the Revised Code is greater 3,768
than the average daily membership for the preceding October, the 3,769
superintendent of the board shall make the certifications 3,770
required by this section for such week and, if during the first 3,772
full school week in February the average daily membership of the 3,773
units maintained by the county MR/DD board that are eligible for 3,774
approval under division (B) of section 3317.05 of the Revised 3,775
Code is greater than the average daily membership for the 3,776
preceding October, the superintendent shall certify the average 3,777
84
daily membership for the first full school week in February for 3,778
such units to the state board of education. If the state board 3,779
determines that additional classes or units can be approved for 3,780
the fiscal year within any limitations set forth in the acts 3,781
appropriating moneys for the funding of such classes and units, 3,782
the board shall approve and fund additional units for the fiscal 3,783
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 3,784
computed in the manner prescribed in sections 3317.161 and 3,786
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 3,789
when any city, local, or exempted village school district 3,790
provides instruction for a nonresident pupil whose attendance is 3,791
unauthorized attendance as defined in section 3327.06 of the 3,792
Revised Code, that pupil's membership shall not be included in 3,793
that district's membership figure used in the calculation of that 3,794
district's formula ADM or included in the determination of any 3,795
unit approved for the district under section 3317.05 of the 3,796
Revised Code. The reporting official shall report separately the 3,797
average daily membership of all pupils whose attendance in the 3,798
district is unauthorized attendance, and the membership of each 3,799
such pupil shall be credited to the school district in which the 3,800
pupil is entitled to attend school under division (B) of section 3,801
3313.64 or section 3313.65 of the Revised Code as determined by 3,802
the department of education. 3,803
(I)(1) A school district admitting a scholarship student 3,805
of a pilot project district pursuant to division (C) of section 3,806
3313.976 of the Revised Code may count such student in its 3,807
average daily membership.
(2) In any year for which funds are appropriated for pilot 3,809
project scholarship programs, a school district implementing a 3,810
state-sponsored pilot project scholarship program that year 3,811
pursuant to sections 3313.974 through 3313.979 of the Revised 3,813
Code may count in average daily membership:
85
(a) All children residing in the district and utilizing a 3,815
scholarship to attend kindergarten in any alternative school, as 3,816
defined in division (A)(9) of section 3313.974 of the Revised 3,817
Code;
(b) All children who were enrolled in the district in the 3,819
preceding year who are utilizing a scholarship to attend any such 3,820
alternative school. 3,821
Sec. 3318.03. Upon conducting the on-site evaluation under 3,830
section 3318.02 of the Revised Code, the Ohio school facilities 3,832
commission shall make a determination of the practicabilty of 3,833
meeting the district's classroom facility needs as indicated in 3,834
division (B)(2) of section 3318.02 of the Revised Code; the ALL 3,835
OF THE FOLLOWING:
(A) THE needs of the school district for additional 3,838
classroom facilities; the 3,839
(B) THE number of classroom facilities to be included in a 3,842
project and the basic project cost of constructing, acquiring, 3,843
reconstructing, or making additions to each such facility; the 3,844
(C) THE amount of such cost that the school district can 3,847
supply from available funds, by the issuance of bonds previously 3,848
authorized by the electors of the school district the proceeds of 3,849
which can lawfully be used for the project, and by the issuance 3,850
of bonds under section 3318.05 of the Revised Code; and the 3,851
(D) THE remaining amount of such cost that shall be 3,854
supplied by the state; 3,855
(E) IF THE STATE'S PORTION OF THE BASIC PROJECT COST 3,858
EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE STATE'S PORTION 3,859
TO BE ENCUMBERED IN ACCORDANCE WITH SECTION 3318.11 OF THE 3,861
REVISED CODE IN THE CURRENT AND SUBSEQUENT FISCAL BIENNIUMS FROM 3,863
FUNDS APPROPRIATED FOR PURPOSES OF SECTIONS 3318.01 TO 3318.20 OF 3,864
THE REVISED CODE. The 3,867
THE commission shall make a determination in favor of 3,870
constructing, acquiring, reconstructing, or making additions to a 3,871
classroom facility only upon evidence that the proposed project 3,873
86
conforms to sound educational practice, that it is in keeping 3,874
with the orderly process of school district reorganization and 3,875
consolidation, and that the actual or projected enrollment in 3,876
each classroom facility proposed to be included in the project is 3,878
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparcity 3,880
SPARSITY of population, and other factors make larger schools 3,882
impracticable.
Sections 125.81 and 153.04 of the Revised Code shall not 3,884
apply to classroom facilities constructed under sections 3318.01 3,885
to 3318.20 of the Revised Code. 3,886
Sec. 3318.04. If the Ohio school facilities commission 3,895
makes a determination under section 3318.03 of the Revised Code 3,897
in favor of constructing, acquiring, reconstructing, or making 3,898
additions to a classroom facility, the project shall be 3,899
conditionally approved. Such conditional approval shall be 3,900
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 3,901
commission's determination, conditional approval, and the amount 3,903
of the state's portion of the basic project cost, AND, IF THE
STATE'S PORTION EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE 3,904
STATE'S PORTION TO BE ENCUMBERED IN THE CURRENT FISCAL BIENNIUM. 3,905
In the event of approval thereof by the controlling board, the 3,907
commission shall certify such conditional approval to the school 3,908
district board and shall encumber from the total funds 3,909
appropriated for the purpose of sections 3318.01 to 3318.20 of 3,910
the Revised Code the amount of the state's portion of the basic
project cost OR, IF THE STATE'S PORTION EXCEEDS FORTY MILLION 3,911
DOLLARS, THE AMOUNT APPROVED UNDER THIS SECTION TO BE ENCUMBERED 3,912
IN THE CURRENT FISCAL BIENNIUM. 3,913
The basic project cost for a project approved under this 3,916
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 3,917
or reconstructed, or the additions to be made to classroom 3,918
87
facilities, under such project meet, but do not exceed, the 3,919
specifications for plans and materials for classroom facilities 3,920
adopted by the commission.
No school district shall have a project conditionally 3,922
approved pursuant to this section if the project includes the 3,923
reconstruction of, or the making of additions to, any classroom 3,924
facilities that were constructed, acquired, reconstructed, or 3,925
added to as part of a project funded under any version of 3,926
sections 3318.01 to 3318.20 of the Revised Code, and the prior 3,928
project was one for which the electors of such district approved 3,929
a levy within the last ten years pursuant to any version of 3,930
section 3318.06 of the Revised Code for purposes of qualifying 3,931
for the funding of that project.
Sec. 3318.11. FOR ANY PROJECT FOR WHICH THE STATE'S 3,933
PORTION OF THE BASIC PROJECT COST EXCEEDS FORTY MILLION DOLLARS, 3,934
THE AMOUNT OF STATE APPROPRIATIONS TO BE ENCUMBERED FOR THE 3,935
PROJECT IN EACH FISCAL BIENNIUM SHALL BE DETERMINED BY THE OHIO 3,936
SCHOOL FACILITIES COMMISSION BASED ON THE PROJECT'S ESTIMATED 3,937
CONSTRUCTION SCHEDULE FOR THAT BIENNIUM. IN EACH FISCAL BIENNIUM 3,938
SUBSEQUENT TO THE FIRST BIENNIUM IN WHICH STATE APPROPRIATIONS 3,939
ARE ENCUMBERED FOR THE PROJECT, THE PROJECT HAS PRIORITY FOR 3,940
STATE FUNDS OVER PROJECTS FOR WHICH INITIAL STATE FUNDING IS 3,941
SOUGHT.
Sec. 3318.12. The Ohio school facilities commission shall 3,951
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts appropriated 3,953
by the general assembly and set aside for such purpose, from time 3,954
to time as may be necessary to pay obligations chargeable to such 3,955
fund when due. The ALL INVESTMENT EARNINGS OF A SCHOOL 3,956
DISTRICT'S PROJECT CONSTRUCTION FUND SHALL BE CREDITED TO THE
FUND.
THE treasurer of the school district board shall disburse 3,960
funds from the school district's project construction fund, 3,961
INCLUDING INVESTMENT EARNINGS CREDITED TO THE FUND, only upon the 3,962
88
approval of the commission or the commission's designated 3,963
representative. The commission or the commission's designated 3,964
representative shall issue vouchers against such fund, in such 3,965
amounts, and at such times as required by the contracts for 3,967
construction of the project.
AFTER THE PROJECT HAS BEEN COMPLETED: 3,969
(A) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT 3,972
CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE SCHOOL DISTRICT'S 3,973
CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE DISTRICT'S 3,974
MAINTENANCE FUND REQUIRED BY DIVISION (B) OF SECTION 3318.05 OF 3,976
THE REVISED CODE, AND THE MONEY SHALL BE USED SOLELY FOR 3,978
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT. 3,979
(B) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT 3,982
CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE STATE'S 3,983
CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE COMMISSION 3,984
FOR EXPENDITURE PURSUANT TO SECTIONS 3318.01 TO 3318.20 OF THE 3,986
REVISED CODE. 3,987
(C) Any OTHER surplus remaining in the school district's 3,989
project construction fund after the project has been completed 3,991
shall be transferred to the commission AND THE SCHOOL DISTRICT 3,994
BOARD IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 3,995
FUND. THE COMMISSION SHALL USE THE MONEY TRANSFERRED TO IT UNDER 3,996
THIS DIVISION for expenditure pursuant to sections 3318.01 to 3,997
3318.20 of the Revised Code; provided, that if the final cost of 3,998
the project is less than the amount of moneys paid into the 3,999
school district's project construction fund by the school 4,000
district board, the amount by which the school district's 4,002
contribution exceeds the actual cost shall be returned to the 4,003
school district board.
Sec. 3318.15. There is hereby created the public school 4,012
building fund within the state treasury consisting of all moneys 4,013
received from the sale of classroom facilities pursuant to 4,014
sections 3318.01 to 3318.20 of the Revised Code, any moneys 4,015
transferred or appropriated to the fund by the general assembly, 4,016
89
and any grants, gifts, or contributions received by the Ohio 4,017
school facilities commission to be used for the purposes of the 4,018
fund. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 4,019
THE FUND.
Moneys transferred or appropriated to the fund by the 4,021
general assembly and moneys in the fund from grants, gifts, and 4,022
contributions shall be used to acquire classroom facilities for 4,023
sale to school districts pursuant to sections 3318.01 to 3318.20 4,024
of the Revised Code. The moneys in the fund received from the 4,025
sale of classroom facilities shall be held in a separate account 4,026
in the fund. Such moneys may be used partially to acquire 4,027
additional classroom facilities for sale to school districts 4,028
pursuant to sections 3318.01 to 3318.20 and partially to pay bond 4,029
service charges as defined in division (C) of section 3318.21 of 4,030
the Revised Code on obligations, the proceeds of which are 4,031
deposited into the school districts facilities fund created in 4,032
section 3318.23 of the Revised Code. 4,033
Sec. 3318.25. There is hereby created in the state 4,042
treasury the school building program assistance fund. The fund 4,043
shall consist of the proceeds of obligations issued for the 4,044
purposes of such fund pursuant to section 3318.26 of the Revised 4,045
Code that are payable from moneys in the lottery profits 4,046
education fund created in section 3770.06 of the Revised Code. 4,047
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE 4,048
FUND. Moneys in the fund shall be used as directed by the Ohio 4,049
school facilities commission for the cost to the state of 4,051
acquiring classroom facilities for sale to school districts 4,052
pursuant to sections 3318.01 to 3318.20 of the Revised Code. 4,053
Sec. 3333.071. (A) Notwithstanding section 3345.16 of the 4,062
Revised Code, no expenditure shall be made for land for higher 4,064
education purposes by public institutions of higher education or 4,065
agents of such institutions from any fund without the approval of 4,066
the board of regents and the controlling board. No state 4,067
appropriation for capital improvements shall be released by the
90
controlling board for the purchase of land or buildings from any 4,068
organization or corporation which has been established to benefit 4,069
or assist the institution, except that such releases may be made 4,070
if the land is to be used for a currently state-financed 4,071
improvement.
(B) SUBJECT TO DIVISION (A) OF THIS SECTION, ANY STATE 4,074
UNIVERSITY OR COLLEGE MAY, PURSUANT TO SECTIONS 163.01 TO 163.22 4,075
OF THE REVISED CODE, APPROPRIATE REAL PROPERTY FOR ITS PURPOSES. 4,078
AS USED IN THIS DIVISION, "STATE UNIVERSITY OR COLLEGE" HAS THE 4,079
SAME MEANING AS IN DIVISION (A)(1) OF SECTION 3345.12 OF THE 4,081
REVISED CODE AND "REAL PROPERTY" HAS THE SAME MEANING AS IN 4,083
DIVISION (D) OF SECTION 163.01 OF THE REVISED CODE. 4,086
Sec. 3345.50. Notwithstanding anything to the contrary in 4,095
sections 123.01, AND 123.15, and 153.01 to 153.20 of the Revised 4,097
Code, a state university, the medical college of Ohio at Toledo, 4,099
a state community college, or the northeastern Ohio universities 4,100
college of medicine may locally administer a ANY CAPITAL 4,101
FACILITIES project for the construction, reconstruction, 4,102
improvement, renovation, enlargement, or alteration of a public 4,103
improvement under its jurisdiction for which the total amount of 4,104
funds expected to be appropriated by the general assembly does 4,105
not exceed four million dollars without the supervision, control, 4,106
or approval of the department of administrative services as 4,107
specified in those sections, if both of the following occur:
(A) Within sixty days after the effective date of the 4,109
section of an act in which the general assembly initially makes 4,111
an appropriation for the project, the board of trustees of the 4,112
institution notifies the Ohio board of regents in writing of its 4,113
intent to administer the CAPITAL FACILITIES project locally; 4,114
(B) The board of trustees complies with the guidelines 4,117
established pursuant to division (A) of section 125.101 153.16 of 4,119
the Revised Code and all laws that govern the selection of 4,120
consultants, preparation and approval of contract documents, 4,122
receipt of bids, and award of contracts with respect to the 4,123
91
project.
THE BOARD OF REGENTS SHALL ADOPT RULES IN ACCORDANCE WITH 4,126
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH CRITERIA FOR THE 4,129
ADMINISTRATION BY ANY SUCH INSTITUTION OF HIGHER EDUCATION OF A 4,130
CAPITAL FACILITIES PROJECT FOR WHICH THE TOTAL AMOUNT OF FUNDS 4,131
EXPECTED TO BE APPROPRIATED BY THE GENERAL ASSEMBLY EXCEEDS FOUR 4,132
MILLION DOLLARS. THE CRITERIA, TO BE DEVELOPED WITH THE 4,133
DEPARTMENT OF ADMINISTRATIVE SERVICES AND HIGHER EDUCATION 4,134
REPRESENTATIVES SELECTED BY THE BOARD OF REGENTS, SHALL INCLUDE 4,135
SUCH MATTERS AS THE ADEQUACY OF THE STAFFING LEVELS AND EXPERTISE 4,136
NEEDED FOR THE INSTITUTION TO ADMINISTER THE PROJECT, PAST 4,137
PERFORMANCE OF THE INSTITUTION IN ADMINISTERING SUCH PROJECTS, 4,138
AND THE AMOUNT OF INSTITUTIONAL OR OTHER NONSTATE MONEY TO BE 4,139
USED IN FINANCING THE PROJECT. THE BOARD OF REGENTS AND THE 4,140
DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL APPROVE THE REQUEST 4,141
OF ANY SUCH INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO 4,142
ADMINISTER ANY SUCH CAPITAL FACILITIES PROJECT AND MEETS THE 4,143
CRITERIA SET FORTH IN THE RULES AND IN THE REQUIREMENTS OF 4,144
DIVISION (B) OF THIS SECTION. 4,145
Sec. 3379.10. (A) Recognizing this state's responsibility 4,154
to foster culture and the arts and to encourage the development 4,155
of artists and craftsmen CRAFTSPERSONS, the general assembly 4,156
declares it a policy of this state that a portion of the money to 4,158
be spent by state agencies on the construction or renovation of 4,159
public buildings be spent on the acquisition of works of art to 4,160
be placed in or on such buildings. In pursuit of this policy, 4,161
there is hereby established the per cent for arts program, under 4,162
which quality works of art are to be sold to such agencies by the 4,163
Ohio arts council and, in the process, qualified professional 4,164
artists are to be recognized. 4,165
(B) As used in this section: 4,167
(1) "Appropriation" does not include a reappropriation. 4,169
(2) "Proceeds" does not include the proceeds of bonds, 4,171
notes, or other obligations issued in anticipation of the 4,172
92
issuance of, or to refund, other bonds, notes, or other 4,173
obligations. 4,174
(3) "Public building" means any building, facility, 4,176
structure, or park built or renovated using state money, 4,177
including any publicly owned lands or space surrounding or 4,178
integral to the building, facility, structure, or park but not 4,179
including: 4,180
(a) Parking lots, sidewalks, maintenance sheds, bridges, 4,182
tunnels, sewers, trails, fishponds and fishways, or warehouses, 4,183
unless such structures are adjuncts of the principal element of 4,184
the project; 4,185
(b) Buildings of a temporary nature; 4,187
(c) Projects to correct any deficiencies or violations of 4,189
a building or housing code enacted by law; 4,190
(d) Highway construction. 4,192
(4) "Renovation" does not include a project of which the 4,194
principal purpose is the rehabilitation of plumbing, heating, 4,195
ventilating, air conditioning, or electrical systems. 4,196
(5) "State agency" has the same meaning as in section 1.60 4,198
of the Revised Code and includes a state university or college, a 4,199
community college established under Chapter 3354. of the Revised 4,200
Code, or a technical college established under Chapter 3357. of 4,201
the Revised Code. 4,202
(6) "Work of art" includes all forms of original creations 4,204
of visual art, including, but not limited to: 4,205
(a) Paintings, including all media and both portable and 4,207
permanently affixed works of art such as murals; 4,208
(b) Sculpture, including bas-relief, high relief, mobile, 4,210
fountain, kinetic, environmental, electronic, and in-the-round 4,211
sculpture; 4,212
(c) Prints, calligraphy, clay, drawings, stained glass, 4,214
mosaics, photographs, fiber and textiles, wood, metal, plastics, 4,215
and other materials or combination of materials; 4,216
(d) Mixed media, including any combination of forms of 4,218
93
media. 4,219
(C) Except as otherwise provided in division (D) of this 4,221
section, whenever more than four million dollars of state money, 4,222
whether obtained from the sale of bonds or otherwise, is to be 4,223
spent by a state agency on the construction or renovation of a 4,224
public building, the agency that contracts for the construction 4,225
or renovation, consistent with division (G) of this section, 4,226
shall contract with the council to use one per cent of the state 4,227
money appropriated for the project or, if applicable, one per 4,228
cent of the nonappropriated state proceeds of bonds, notes, or 4,229
other obligations authorized to be sold for the project, to 4,230
purchase works of art from the council for display in or on the 4,231
public building and to make related outlays under division (E) of 4,232
this section. The council, subject to the approval of the 4,233
director of budget and management, shall fix the prices at which 4,234
it sells works of art for the project to the state agency 4,235
contracting for construction or renovation. The calculation of 4,236
whether more than four million dollars is to be spent shall not 4,237
be cumulative but shall be based on the amount of each 4,238
appropriation or each designation of nonappropriated state 4,239
proceeds of bonds, notes, or other obligations authorized to be 4,240
sold for a project. 4,241
(D)(1) Notwithstanding division (C) of this section, the 4,243
director of budget and management, after consulting with the 4,244
council about the matter, may determine that no state money, or a 4,245
percentage less than one per cent of the amount specified in that 4,246
division, shall be spent to purchase works of art from the 4,247
council and to make related outlays under division (E) of this 4,248
section if the director of budget and management feels that works 4,249
of art would be out of place in or on the public building, that 4,250
there will be little opportunity for public appreciation of works 4,251
of art in or on the public building, that the value of some 4,252
features or characteristics inherent in the architectural design 4,253
of the public building should apply toward the one per cent 4,254
94
requirement, or that the public building is or will be amply 4,255
supplied with works of art even without works of art purchased 4,256
from the council under division (C) of this section. The 4,257
director of budget and management, in accordance with Chapter 4,258
119. of the Revised Code, may adopt, and may amend or rescind, 4,259
rules establishing a procedure whereby state agencies may obtain 4,260
from the director reconsideration of his determination under this 4,262
division. The director shall make all final decisions with 4,263
regard to whether and to what extent a construction or renovation 4,264
project is subject to division (C) or (D) of this section 4,265
(2) NOT LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE 4,267
DATE OF A SECTION OF AN ACT PROVIDING THAT MORE THAN FOUR MILLION 4,268
DOLLARS OF STATE MONEY IS TO BE SPENT BY A STATE AGENCY ON THE 4,269
CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING, THE DIRECTOR OF 4,271
BUDGET AND MANAGEMENT SHALL PREPARE A PRELIMINARY REPORT LISTING 4,272
EACH APPROPRIATION AND EACH DESIGNATION OF NONAPPROPRIATED STATE 4,274
PROCEEDS MORE THAN FOUR MILLION DOLLARS FOR THE CONSTRUCTION OR 4,275
RENOVATION OF A PUBLIC BUILDING, AND INDICATING THE AMOUNT OF THE 4,277
APPROPRIATION OR DESIGNATION THAT SHALL BE SPENT FOR THE PER CENT 4,279
FOR ARTS PROGRAM. THE AMOUNT SPECIFIED TO BE SPENT FOR THE PER 4,280
CENT FOR ARTS PROGRAM AMOUNT SHALL TAKE INTO ACCOUNT ANY 4,281
DETERMINATION MADE BY THE DIRECTOR UNDER DIVISION (D)(1) OF THIS 4,282
SECTION. THE DIRECTOR SHALL SEND A COPY OF THE PRELIMINARY 4,283
REPORT TO THE COUNCIL AND TO EACH STATE AGENCY THAT RECEIVED AN 4,284
APPROPRIATION OR NONAPPROPRIATED STATE PROCEEDS OF MORE THAN FOUR 4,285
MILLION DOLLARS FOR THE CONSTRUCTION OR RENOVATION OF A PUBLIC 4,286
BUILDING UNDER THE ACT. 4,287
(3) NOT LATER THAN THIRTY DAYS AFTER THE DIRECTOR SENDS 4,289
THE PRELIMINARY REPORT REQUIRED UNDER DIVISION (D)(2) OF THIS 4,290
SECTION, A STATE AGENCY MAY DELIVER TO THE DIRECTOR OF BUDGET AND 4,292
MANAGEMENT A REQUEST FOR THE DIRECTOR TO MAKE A DETERMINATION 4,293
UNDER DIVISION (D)(1) OF THIS SECTION OR TO RECONSIDER A 4,294
DETERMINATION MADE UNDER THAT DIVISION. IF THE DIRECTOR APPROVES 4,295
THE REQUEST, THE DIRECTOR SHALL REVISE THE PRELIMINARY REPORT 4,296
95
CONSISTENT WITH THE APPROVED REQUEST. NOT LATER THAN FORTY-FIVE 4,297
DAYS AFTER SENDING A PRELIMINARY REPORT, THE DIRECTOR SHALL SEND 4,298
A FINAL REPORT TO THE COUNCIL AND TO EACH STATE AGENCY REFERRED 4,299
TO IN DIVISION (D)(2) OF THIS SECTION. 4,300
(E)(1) Where appropriated state money will be used to 4,302
purchase works of art from the council under division (C) or (D) 4,303
of this section, the state agency that has contracted to purchase 4,304
the works of art shall make payment to the council for the works 4,305
of art and related costs as follows: 4,306
(a) The state agency shall encumber sufficient money to 4,308
pay for the purchase and installation of the works of art and 4,309
shall authorize the council to make payments against those 4,310
encumbrances for the purchase and installation of the works of 4,311
art. The council shall use the encumbered money to acquire and 4,312
install the works of art. 4,313
(b) If the council expects to make expenditures in 4,315
connection with the selection of artists for a specific project, 4,316
including expenditures for printing or for jurors, the council 4,317
shall estimate the amount of such expenditures it expects to make 4,318
and certify that amount to the state agency and to the director 4,319
of budget and management. Upon determining that there is an 4,320
unobligated balance in an appropriation for the state agency that 4,321
may be used for the purpose, the director of budget and 4,322
management shall transfer the amount certified from the 4,323
appropriation to the per cent for art acquisitions fund, which is 4,324
hereby created in the state treasury, on an intrastate transfer 4,325
voucher. The fund shall be used by the council to pay costs it 4,326
incurs in connection with the selection of artists for specific 4,327
projects, including costs for printing and for jurors. 4,328
All amounts encumbered or transferred under division 4,330
(E)(1)(a) or (b) of this section shall be applied toward the 4,331
percentage requirement of division (C) or (D) of this section. 4,332
(2) Where nonappropriated state proceeds of bonds, notes, 4,334
or other obligations will be used to purchase works of art from 4,335
96
the council under division (C) or (D) of this section, the state 4,336
agency that has contracted to purchase the works of art shall 4,337
make payment to the council for the works of art and related 4,338
costs as follows: 4,339
(a) The council shall submit to the state agency invoices 4,341
requesting payment for the purchase and installation of the works 4,342
of art. 4,343
(b) If the council expects to make expenditures in 4,345
connection with the selection of artists for a specific project, 4,346
including expenditures for printing or for jurors, the council 4,347
shall estimate the amount of such expenditures it expects to make 4,348
and submit to the state agency invoices requesting payment in 4,349
that amount. The state agency shall promptly remit payment to 4,350
the council in the amounts of all such invoices. Such 4,351
remittances shall be deposited in the state treasury to the 4,352
credit of the per cent for art acquisitions fund. 4,353
All amounts remitted under this division shall be applied 4,355
toward the percentage requirement of division (C) or (D) of this 4,356
section. 4,357
(F) The council shall consult with the chief executive 4,359
officer, or his THE OFFICER'S designee, of either the state 4,360
agency spending state money on the construction or renovation or 4,362
the state agency or agencies occupying or to occupy a public 4,363
building for which the council will supply a work of art, or 4,364
both, before making decisions about the following: 4,365
(1) Which works of art will be purchased and on which 4,367
sites they will be placed; 4,368
(2) Which artists, if any, will be commissioned to create 4,370
a work of art; 4,371
(3) The sale, exchange, and disposition of works of art 4,373
used in the program. 4,374
(G) The council shall make all final decisions in regard 4,376
to the matters described in divisions (F)(1) to (3) of this 4,377
section. 4,378
97
(H) Each state agency that has purchased works of art from 4,380
the council under division (C) or (D) of this section shall 4,381
maintain the works of art and pay the costs of maintenance. Money 4,383
spent by the agency for maintenance of the works of art shall not 4,384
be applied toward the percentage requirement of division (C) or 4,385
(D) of this section.
Sec. 5119.16. The department of mental health is hereby 4,394
designated to provide certain goods and services for the 4,395
department of mental health, the department of mental retardation 4,396
and developmental disabilities, the department of rehabilitation 4,397
and correction, the department of youth services, and other 4,398
state, county, or municipal agencies requesting such goods and 4,399
services when the department of mental health determines that it 4,400
is in the public interest, and considers it advisable, to provide 4,401
these goods and services. The department of mental health also 4,402
may provide goods and services to agencies operated by the United 4,403
States government and to public or private nonprofit agencies 4,404
funded in whole or in part by the state if the public or private 4,405
nonprofit agencies are designated for participation in this 4,406
program by the director of mental health for community mental 4,407
health agencies, the director of mental retardation and 4,408
developmental disabilities for community mental retardation and 4,409
developmental disabilities agencies, the director of 4,410
rehabilitation and correction for community rehabilitation and 4,411
correction agencies, or the director of youth services for 4,412
community youth services agencies. The director of aging may 4,413
designate for participation community agencies holding a contract 4,414
with an area agency on aging established under the "Older 4,415
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 4,416
Designated community agencies shall receive goods and services 4,417
through the department of mental health only in those cases where 4,418
the designating state agency certifies that providing such goods 4,419
and services to the agency will conserve public resources to the 4,420
benefit of the public and where the provision of such goods and 4,421
98
services is considered feasible by the department of mental 4,422
health. 4,423
Purchases of goods or services under this section are not 4,425
subject to section 307.86 of the Revised Code. 4,426
(A) The goods and services to be provided by the 4,428
department of mental health may include: 4,429
(1) Procurement, storage, processing, and distribution of 4,431
food and professional consultation on food operations; 4,432
(2) Procurement, storage, and distribution of medical and 4,434
laboratory supplies, dental supplies, medical records, forms, 4,435
optical supplies, and sundries, SUBJECT TO SECTION 5121.35 OF THE 4,436
REVISED CODE;
(3) Performance of medical laboratory analysis and 4,438
professional laboratory and pathologist consultation; 4,439
(4) Procurement, storage, repackaging, distribution, and 4,441
dispensing of drugs, the provision of professional pharmacy 4,442
consultation, and drug information services; 4,443
(5) Operation or leasing of farms and woodland, and 4,445
distribution or sale of products thereof; 4,446
(6) Operation of regional laundries and dry cleaning 4,448
plants, and procurement, storage, and distribution of linens; 4,449
(7)(4) Other goods and services as may be agreed to. 4,451
(B) The department of mental health shall provide the 4,453
goods and services designated in division (A) of this section to 4,454
its institutions and to state-operated community-based mental 4,455
health services. 4,456
(C) After consultation with and advice from the director 4,458
of mental retardation and developmental disabilities, the 4,459
director of rehabilitation and correction, and the director of 4,460
youth services, the department of mental health shall provide the 4,461
goods and services designated in division (A) of this section to 4,462
the department of mental retardation and developmental 4,463
disabilities, the department of rehabilitation and correction, 4,464
and the department of youth services. 4,465
99
(D) The cost of administration of this section shall be 4,467
determined by the department of mental health and paid by the 4,468
agencies receiving the goods and services to the department for 4,469
deposit in the state treasury to the credit of the mental health 4,470
fund, which is hereby created. The fund shall be used to pay the 4,471
cost of administration of this section to the department. 4,472
(E) If the goods or services designated in division (A) of 4,474
this section are not provided in a satisfactory manner by the 4,475
department of mental health, the director of mental retardation 4,476
and developmental disabilities, the director of rehabilitation 4,477
and correction, the director of youth services, or the managing 4,478
officer of a department of mental health institution shall 4,479
attempt to resolve unsatisfactory service with the director of 4,480
mental health. If, after such attempt, the provision of goods or 4,481
services continues to be unsatisfactory, the director or officer 4,482
shall notify the director of mental health. If within thirty 4,483
days of such notice the department of mental health does not 4,484
provide the specified goods and services in a satisfactory 4,485
manner, the director of mental retardation and developmental 4,486
disabilities, the director of rehabilitation and correction, the 4,487
director of youth services, or the managing officer of the 4,488
department of mental health institution shall notify the director 4,489
of mental health of his THE DIRECTOR'S OR MANAGING OFFICER'S 4,490
intent to cease purchasing goods and services from the 4,492
department. Following a sixty-day cancellation period from the 4,493
date of such notice, the department of mental retardation, 4,495
department of rehabilitation and correction, department of youth 4,496
services, or the department of mental health institution may 4,497
obtain the goods and services from a source other than the 4,498
department of mental health, if the department certifies to the 4,499
department of administrative services that the requirements of 4,500
this division have been met.
(F) Whenever a state agency fails to make a payment for 4,502
goods and services provided under this section within thirty-one 4,503
100
days after the date the payment was due, the office of budget and 4,504
management may transfer moneys from the state agency to the 4,505
department of mental health. The amount transferred shall not 4,506
exceed the amount of overdue payments. Prior to making a 4,507
transfer under this division, the office of budget and management 4,508
shall apply any credits the state agency has accumulated in 4,509
payments for goods and services provided under this section. 4,510
Sec. 5120.135. (A) AS USED IN THIS SECTION, "LABORATORY 4,513
SERVICES" INCLUDES THE PERFORMANCE OF MEDICAL LABORATORY 4,514
ANALYSIS; PROFESSIONAL LABORATORY AND PATHOLOGIST CONSULTATION; 4,515
THE PROCUREMENT, STORAGE, AND DISTRIBUTION OF LABORATORY 4,516
SUPPLIES; AND THE PERFORMANCE OF PHLEBOTOMY SERVICES. 4,517
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,520
PROVIDE LABORATORY SERVICES TO THE DEPARTMENTS OF MENTAL HEALTH, 4,521
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH 4,522
SERVICES, AND REHABILITATION AND CORRECTION. THE DEPARTMENT OF 4,523
REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY 4,524
SERVICES TO OTHER STATE, COUNTY, OR MUNICIPAL AGENCIES AND TO 4,525
PRIVATE PERSONS THAT REQUEST LABORATORY SERVICES IF THE 4,526
DEPARTMENT OF REHABILITATION AND CORRECTION DETERMINES THAT THE 4,527
PROVISION OF LABORATORY SERVICES IS IN THE PUBLIC INTEREST AND 4,528
CONSIDERS IT ADVISABLE TO PROVIDE SUCH SERVICES. THE DEPARTMENT 4,529
OF REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY 4,530
SERVICES TO AGENCIES OPERATED BY THE UNITED STATES GOVERNMENT AND 4,532
TO PUBLIC AND PRIVATE ENTITIES FUNDED IN WHOLE OR IN PART BY THE 4,533
STATE IF THE DIRECTOR OF REHABILITATION AND CORRECTION DESIGNATES 4,534
THEM AS ELIGIBLE TO RECEIVE SUCH SERVICES. 4,535
THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,537
PROVIDE LABORATORY SERVICES FROM A LABORATORY THAT COMPLIES WITH 4,538
THE STANDARDS FOR CERTIFICATION SET BY THE UNITED STATES 4,541
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE "CLINICAL 4,544
LABORATORY IMPROVEMENT AMENDMENTS OF 1988," 102 STAT. 293, 42 4,548
U.S.C.A. 263a. IN ADDITION, THE LABORATORY SHALL MAINTAIN 4,550
ACCREDITATION OR CERTIFICATION WITH AN APPROPRIATE ACCREDITING OR 4,551
101
CERTIFYING ORGANIZATION AS CONSIDERED NECESSARY BY THE RECIPIENTS 4,552
OF ITS LABORATORY SERVICES AND AS AUTHORIZED BY THE DIRECTOR OF 4,553
REHABILITATION AND CORRECTION. 4,554
(C) THE COST OF ADMINISTERING THIS SECTION SHALL BE 4,557
DETERMINED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION AND 4,558
SHALL BE PAID BY ENTITIES THAT RECEIVE LABORATORY SERVICES TO THE 4,559
DEPARTMENT FOR DEPOSIT IN THE STATE TREASURY TO THE CREDIT OF THE 4,561
LABORATORY SERVICES FUND, WHICH IS HEREBY CREATED. THE FUND 4,562
SHALL BE USED TO PAY THE COSTS THE DEPARTMENT INCURS IN 4,563
ADMINISTERING THIS SECTION. 4,564
(D) IF THE DEPARTMENT OF REHABILITATION AND CORRECTION 4,567
DOES NOT PROVIDE LABORATORY SERVICES UNDER THIS SECTION IN A 4,568
SATISFACTORY MANNER TO THE DEPARTMENT OF MENTAL RETARDATION AND 4,569
DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH, THE 4,570
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, 4,571
YOUTH SERVICES, OR MENTAL HEALTH SHALL ATTEMPT TO RESOLVE THE 4,572
MATTER OF THE UNSATISFACTORY PROVISION OF SERVICES WITH THE 4,573
DIRECTOR OF REHABILITATION AND CORRECTION. IF, AFTER THIS 4,574
ATTEMPT, THE PROVISION OF LABORATORY SERVICES CONTINUES TO BE 4,575
UNSATISFACTORY, THE DIRECTOR OF MENTAL RETARDATION AND 4,576
DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH 4,577
SHALL NOTIFY THE DIRECTOR OF REHABILITATION AND CORRECTION 4,578
REGARDING THE CONTINUED UNSATISFACTORY PROVISION OF LABORATORY 4,579
SERVICES. IF, WITHIN THIRTY DAYS AFTER THE DIRECTOR RECEIVES
THIS NOTICE, THE DEPARTMENT OF REHABILITATION AND CORRECTION DOES 4,581
NOT PROVIDE THE SPECIFIED LABORATORY SERVICES IN A SATISFACTORY 4,582
MANNER, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL 4,583
DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL NOTIFY THE 4,584
DIRECTOR OF REHABILITATION AND CORRECTION OF THE NOTIFYING 4,585
DIRECTOR'S INTENT TO CEASE OBTAINING LABORATORY SERVICES FROM THE 4,586
DEPARTMENT OF REHABILITATION AND CORRECTION. FOLLOWING THE END 4,587
OF A CANCELLATION PERIOD OF SIXTY DAYS THAT BEGINS ON THE DATE OF 4,588
THE NOTICE, THE DEPARTMENT THAT SENT THE NOTICE MAY OBTAIN
LABORATORY SERVICES FROM A PROVIDER OTHER THAN THE DEPARTMENT OF 4,590
102
REHABILITATION AND CORRECTION, IF THE DEPARTMENT THAT SENT THE 4,591
NOTICE CERTIFIES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES 4,592
THAT THE REQUIREMENTS OF THIS DIVISION HAVE BEEN MET. 4,593
(E) WHENEVER A STATE AGENCY FAILS TO MAKE A PAYMENT FOR 4,596
LABORATORY SERVICES PROVIDED TO IT BY THE DEPARTMENT OF 4,597
REHABILITATION AND CORRECTION UNDER THIS SECTION WITHIN 4,598
THIRTY-ONE DAYS AFTER THE DATE THE PAYMENT WAS DUE, THE OFFICE OF 4,599
BUDGET AND MANAGEMENT MAY TRANSFER MONEYS FROM THAT STATE AGENCY 4,600
TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR DEPOSIT TO 4,601
THE CREDIT OF THE LABORATORY SERVICES FUND. THE AMOUNT 4,602
TRANSFERRED SHALL NOT EXCEED THE AMOUNT OF THE OVERDUE PAYMENTS. 4,603
PRIOR TO MAKING A TRANSFER UNDER THIS DIVISION, THE OFFICE SHALL 4,604
APPLY ANY CREDITS THE STATE AGENCY HAS ACCUMULATED IN PAYMENT FOR 4,605
LABORATORY SERVICES PROVIDED UNDER THIS SECTION. 4,606
Sec. 5739.024. (A)(1) A board of county commissioners may 4,615
by resolution adopted by a majority of the members of the board, 4,616
levy an excise tax not to exceed three per cent on transactions 4,617
by which lodging by a hotel is or is to be furnished to transient 4,618
guests. The board shall establish all regulations necessary to 4,619
provide for the administration and allocation of the tax. Except 4,621
as otherwise provided in division (A)(2) AND (3) of this section, 4,622
the regulations shall provide, after deducting the real and 4,623
actual costs of administering the tax, for the return to each 4,624
municipal corporation or township that does not levy an excise 4,625
tax on such transactions, a uniform percentage of the tax 4,626
collected in the municipal corporation or in the unincorporated 4,627
portion of the township from each such transaction, not to exceed 4,628
thirty-three and one-third per cent. The remainder of the 4,629
revenue arising from the tax shall be deposited in a separate 4,630
fund and shall be spent solely to make contributions to the 4,631
convention and visitors' bureau operating within the county, 4,632
including a pledge and contribution of any portion of such 4,633
remainder pursuant to an agreement authorized by section 307.695 4,634
of the Revised Code. Except as otherwise provided under division 4,635
103
(A)(2) OR (3) of this section, on and after May 10, 1994, a board 4,637
of county commissioners may not levy an excise tax pursuant to 4,638
this division in any municipal corporation or township located 4,639
wholly or partly within the county that has in effect an 4,640
ordinance or resolution levying an excise tax pursuant to 4,641
division (B) of this section. The board of a county that has 4,642
levied a tax under division (C) of this section may, by 4,643
resolution adopted within ninety days after July 15, 1985, by a 4,644
majority of the members of the board, amend the resolution 4,645
levying a tax under this division to provide for a portion of 4,646
that tax to be pledged and contributed in accordance with an 4,647
agreement entered under section 307.695 of the Revised Code. A 4,648
tax, any revenue from which is pledged pursuant to such an 4,649
agreement, shall remain in effect at the rate at which it is 4,650
imposed for the duration of the period for which the revenue 4,651
therefrom has been so pledged.
(2) A board of county commissioners that levies an excise 4,653
tax under division (A)(1) of this section on the effective date 4,654
of this amendment JUNE 30, 1997, at a rate of three per cent, and 4,656
that has pledged revenue from the tax to an agreement entered 4,657
into under section 307.695 of the Revised Code, may amend the 4,658
resolution levying that tax to provide for an increase in the 4,659
rate of the tax up to five per cent on each transaction; to 4,660
provide that revenue from the increase in the rate shall be spent 4,661
solely to make contributions to the convention and visitors'
bureau operating within the county to be used specifically for 4,662
promotion, advertising, and marketing of the region in which the 4,663
county is located; to provide that the rate in excess of the 4,664
three per cent levied under division (A)(1) of this section shall 4,665
remain in effect at the rate at which it is imposed for the 4,666
duration of the period during which any agreement is in effect 4,667
that was entered into under section 307.695 of the Revised Code
by the board of county commissioners levying a tax under division 4,668
(A)(1) of this section; and to provide that no portion of that 4,670
104
revenue need be returned to townships or municipal corporations 4,671
as would otherwise be required under division (A)(1) of this 4,672
section.
(3) A BOARD OF COUNTY COMMISSIONERS THAT LEVIES A TAX 4,674
UNDER DIVISION (A)(1) OF THIS SECTION ON THE EFFECTIVE DATE OF 4,675
THIS AMENDMENT AT A RATE OF THREE PER CENT MAY, BY RESOLUTION 4,676
ADOPTED NOT LATER THAN FORTY-FIVE DAYS AFTER THAT EFFECTIVE DATE, 4,677
AMEND THE RESOLUTION LEVYING THE TAX TO PROVIDE FOR ALL OF THE 4,678
FOLLOWING:
(a) THAT THE RATE OF THE TAX SHALL BE INCREASED BY NOT 4,680
MORE THAN AN ADDITIONAL FOUR PER CENT ON EACH TRANSACTION; 4,681
(b) THAT ALL OF THE REVENUE FROM THE INCREASE IN RATE 4,683
SHALL BE PLEDGED AND CONTRIBUTED TO A CONVENTION FACILITIES 4,684
AUTHORITY ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS UNDER 4,685
CHAPTER 351. OF THE REVISED CODE AND USED TO PAY COSTS OF 4,686
CONSTRUCTING, MAINTAINING, OPERATING, AND PROMOTING A FACILITY IN 4,687
THE COUNTY, INCLUDING PAYING BONDS, OR NOTES ISSUED IN 4,688
ANTICIPATION OF BONDS, AS PROVIDED BY THAT CHAPTER; 4,689
(c) THAT NO PORTION OF THE REVENUE ARISING FROM THE 4,691
INCREASE IN RATE NEED BE RETURNED TO MUNICIPAL CORPORATIONS OR 4,692
TOWNSHIPS AS OTHERWISE REQUIRED UNDER DIVISION (A)(1) OF THIS 4,693
SECTION;
(d) THAT THE INCREASE IN RATE SHALL NOT BE SUBJECT TO 4,695
DIMINUTION BY INITIATIVE OR REFERENDUM OR BY LAW WHILE ANY BONDS, 4,696
OR NOTES IN ANTICIPATION OF BONDS, ISSUED BY THE AUTHORITY UNDER 4,697
CHAPTER 351. OF THE REVISED CODE TO WHICH THE REVENUE IS PLEDGED 4,698
REMAIN OUTSTANDING IN ACCORDANCE WITH THEIR TERMS, UNLESS 4,699
PROVISION IS MADE BY LAW OR BY THE BOARD OF COUNTY COMMISSIONERS 4,700
FOR AN ADEQUATE SUBSTITUTE THEREFOR THAT IS SATISFACTORY TO THE 4,701
TRUSTEE IF A TRUST AGREEMENT SECURES THE BONDS.
AS USED IN DIVISION (A)(3) OF THIS SECTION, "COSTS" AND 4,703
"FACILITY" HAVE THE SAME MEANINGS AS IN SECTION 351.01 OF THE 4,704
REVISED CODE. 4,705
(B) The legislative authority of a municipal corporation 4,707
105
or the board of trustees of a township that is not wholly or 4,708
partly located in a county that has in effect a resolution 4,709
levying an excise tax pursuant to division (A)(1) of this section 4,710
may by ordinance or resolution levy an excise tax not to exceed 4,711
three per cent on transactions by which lodging by a hotel is or 4,712
is to be furnished to transient guests. The legislative 4,713
authority of the municipal corporation or township shall deposit 4,714
at least fifty per cent of the revenue from the tax levied 4,715
pursuant to this division into a separate fund, which shall be 4,716
spent solely to make contributions to convention and visitors' 4,717
bureaus operating within the county in which the municipal 4,718
corporation or township is wholly or partly located, and the 4,719
balance of such revenue shall be deposited in the general fund. 4,720
The municipal corporation or township shall establish all 4,721
regulations necessary to provide for the administration and 4,722
allocation of the tax. The levy of a tax under this division is 4,723
in addition to any tax imposed on the same transaction by a 4,724
municipal corporation or a township as authorized by division 4,725
(C)(1) of section 5739.02 of the Revised Code. 4,726
(C) For the purpose of making the payments authorized by 4,728
section 307.695 of the Revised Code to construct and equip a 4,729
convention center in the county and to cover the costs of 4,730
administering the tax, a board of county commissioners of a 4,731
county where a tax imposed under division (A)(1) of this section 4,732
is in effect may, by resolution adopted within ninety days after 4,733
July 15, 1985, by a majority of the members of the board, levy an 4,735
additional excise tax not to exceed three per cent on 4,736
transactions by which lodging by a hotel is or is to be furnished 4,737
to transient guests. The tax authorized by this division shall 4,738
be in addition to any tax that is levied pursuant to division (A) 4,739
of this section, but it shall not apply to transactions subject 4,740
to a tax levied by a municipal corporation or township pursuant 4,741
to the authorization granted by division (C)(1) of section 4,742
5739.02 of the Revised Code. The board shall establish all 4,743
106
regulations necessary to provide for the administration and 4,744
allocation of the tax. All revenues arising from the tax shall 4,745
be expended in accordance with section 307.695 of the Revised 4,746
Code. A tax imposed under this section shall remain in effect at 4,747
the rate at which it is imposed for the duration of the period 4,748
for which the revenue therefrom has been pledged pursuant to such 4,749
section.
(D) For the purpose of providing contributions under 4,751
division (B)(1) of section 307.671 of the Revised Code to enable 4,752
the acquisition, construction, and equipping of a port authority 4,753
educational and cultural facility in the county and, to the 4,754
extent provided for in the cooperative agreement authorized by 4,755
that section, for the purpose of paying debt service charges on 4,756
bonds, or notes in anticipation thereof, described in division 4,757
(B)(1)(b) of that section, a board of county commissioners, by 4,758
resolution adopted within ninety days after December 22, 1992, by 4,760
a majority of the members of the board, may levy an additional 4,761
excise tax not to exceed one and one-half per cent on 4,762
transactions by which lodging by a hotel is or is to be furnished 4,763
to transient guests. The excise tax authorized by this division 4,764
shall be in addition to any tax that is levied pursuant to 4,765
divisions (A), (B), and (C) of this section, to any excise tax
levied pursuant to division (C) of section 5739.02 of the Revised 4,766
Code, and to any excise tax levied pursuant to section 351.021 of 4,767
the Revised Code. The board of county commissioners shall 4,768
establish all regulations necessary to provide for the 4,769
administration and allocation of the tax that are not 4,770
inconsistent with this section or section 307.671 of the Revised 4,771
Code. All revenues arising from the tax shall be expended in 4,772
accordance with section 307.671 of the Revised Code and division 4,773
(D) of this section. The levy of a tax imposed under this 4,774
section may not commence prior to the first day of the month next 4,775
following the execution of the cooperative agreement authorized 4,776
by section 307.671 of the Revised Code by all parties to that 4,777
107
agreement. Such tax shall remain in effect at the rate at which 4,778
it is imposed for the period of time described in division (C) of 4,779
section 307.671 of the Revised Code for which the revenue from 4,780
the tax has been pledged by the county to the corporation 4,781
pursuant to such section, but, to any extent provided for in the 4,782
cooperative agreement, for no lesser period than the period of 4,783
time required for payment of the debt service charges on bonds, 4,784
or notes in anticipation thereof, described in division (B)(1)(b) 4,785
of that section. 4,786
(E) For the purpose of paying the costs of acquiring, 4,788
constructing, equipping, and improving a municipal educational 4,789
and cultural facility, including debt service charges on bonds 4,790
provided for in division (B) of section 307.672 of the Revised 4,791
Code, and for such additional purposes as are determined by the 4,792
county in the resolution levying the tax or amendments thereto, 4,793
the legislative authority of a county, by resolution adopted 4,794
within ninety days after June 30, 1993, by a majority of the 4,795
members of the legislative authority, may levy an additional 4,796
excise tax not to exceed one and one-half per cent on 4,797
transactions by which lodging by a hotel is or is to be furnished 4,798
to transient guests. The excise tax authorized by this division 4,799
shall be in addition to any tax that is levied pursuant to 4,800
divisions (A), (B), (C), and (D) of this section, to any excise 4,801
tax levied pursuant to division (C) of section 5739.02 of the 4,802
Revised Code, and to any excise tax levied pursuant to section 4,803
351.021 of the Revised Code. The legislative authority of the 4,804
county shall establish all regulations necessary to provide for 4,805
the administration and allocation of the tax. All revenues 4,806
arising from the tax shall be expended in accordance with section 4,807
307.672 of the Revised Code and division (E) of this section. 4,808
The levy of a tax imposed under this division shall not commence 4,809
prior to the first day of the month next following the execution 4,810
of the cooperative agreement authorized by section 307.672 of the 4,811
Revised Code by all parties to that agreement. Such tax shall 4,812
108
remain in effect at the rate at which it is imposed for the 4,813
period of time determined by the legislative authority of the 4,814
county, but not to exceed fifteen years.
Section 2. That existing sections 111.15, 119.01, 122.011, 4,817
123.15, 125.023, 125.101, 125.81, 126.03, 126.14, 127.14, 127.16, 4,818
133.04, 133.06, 153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 4,819
153.09, 153.10, 153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 4,820
153.50, 153.571, 153.62, 156.03, 163.01, 166.03, 166.07, 351.01, 4,821
351.03, 351.141, 901.82, 901.83, 3315.01, 3316.03, 3317.0212, 4,822
3317.03, 3318.03, 3318.04, 3318.12, 3318.15, 3318.25, 3333.071, 4,823
3345.50, 3379.10, 5119.16, and 5739.024 and section 3345.51 of 4,824
the Revised Code are hereby repealed. 4,825
Section 3. All items set forth in Sections 3.01 to 3.06 of 4,827
this act are hereby appropriated out of any moneys in the General 4,828
Revenue Fund (GRF) that are not otherwise appropriated. 4,829
Appropriations 4,831
Section 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 4,833
CAP-785 Rural Areas Historical Projects $ 440,000 4,836
CAP-786 Rural Areas Community Improvements $ 4,780,000 4,838
CAP-817 Urban Areas Community Improvements $ 11,603,150 4,840
CAP-818 Community Theatre Renovations $ 400,000 4,842
Total Department of Administrative Services $ 17,223,150 4,844
Rural Areas Historical Projects 4,847
Of the foregoing appropriation item CAP-785, Rural Areas 4,849
Historical Projects, $100,000 shall be used for Hancock County 4,850
Historical Society Facility Improvements; $40,000 shall be used 4,851
for Harveysburg Community Historic Society; $50,000 shall be used 4,853
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 4,854
Historic Site Improvements; and $50,000 shall be used for Elmore 4,855
Historical Society. 4,856
Rural Areas Community Improvements 4,858
Of the foregoing appropriation item CAP-786, Rural Areas 4,860
Community Improvements, $100,000 shall be used for Hocking Valley 4,862
109
Railroad Improvements; $50,000 shall be used for Belmont County 4,863
Park District - Convention Center; $70,000 shall be used for 4,864
Aberdeen Huntington Community Center; $100,000 shall be used for 4,865
Chisholm Historic Farmstead Restoration; $100,000 shall be used 4,866
for Clinton County Senior Center; $150,000 shall be used for 4,867
Coshocton Infrastructure Improvements; $200,000 shall be used for 4,868
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 4,869
for Warsaw Community Improvements; $100,000 shall be used for 4,870
Washington Court House Downtown Redevelopment; $80,000 shall be 4,871
used for Gallia County Industrial Park Improvements; $150,000 4,872
shall be used for Desmond Hall Industrial Park; $100,000 shall be 4,873
used for Kenton Armory Improvements; $250,000 shall be used for 4,874
Sinking Springs Infrastructure Improvements; $20,000 shall be 4,875
used for Laurelville Community Improvements; $16,000 shall be 4,876
used for Gibisonville Community Recreation Center Improvements; 4,877
$150,000 shall be used for Holmes County Historic Building 4,878
Improvements; $500,000 shall be used for Davis-Shai House 4,879
Historical Site; $100,000 shall be used for Maritime Museum in 4,880
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 4,881
Restoration; $90,000 shall be used for Big Island Nature Center 4,882
Improvements; $300,000 shall be used for Medina County Arts 4,883
Center Improvements; $142,000 shall be used for Graysville 4,884
Community Center; $49,000 shall be used for Roseville Community 4,885
Center Improvements; $100,000 shall be used for South Zanesville 4,886
Community Improvements; $20,000 shall be used for Corning 4,887
Community Center; $50,000 shall be used for Waverly Community 4,888
Improvements; $20,000 shall be used for Garretsville Veterans 4,889
Memorial; $6,000 shall be used for Palmyra Township Veterans 4,890
Memorial; $100,000 shall be used for Deerfield Township Hall 4,891
Civic Improvements; $50,000 shall be used for Preble County 4,892
Coliseum Planning; $100,000 shall be used for Richland Academy of 4,894
Arts and Sciences Discovery Center; $50,000 shall be used for 4,895
Village of Pleasant Plain Community Improvements; $48,000 shall 4,896
be used for Village of South Lebanon Infrastructure Improvements; 4,898
110
$41,000 shall be used for Rehabilitate Senior Housing - 4,899
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 4,900
Belpre; $100,000 shall be used for New Matamoras Senior Center; 4,901
$25,000 shall be used for West Salem Town Hall Improvements; 4,902
$40,000 shall be used for Pemberville Opera House Restoration; 4,903
$40,000 shall be used for Grand Rapids Village Hall Restoration; 4,904
$500,000 shall be used for Liberty Commons Infrastructure Project 4,905
- Lima; $50,000 shall be used for Village of Morrow 4,906
Infrastructure Improvements; $100,000 shall be used for Fairfield 4,907
City Cultural Center; $63,000 shall be used for Sunbury Town 4,908
Hall; and $300,000 shall be used for Zahn's Corner Industrial 4,909
Park.
Urban Areas Community Improvements 4,911
Of the foregoing appropriation item CAP-817, Urban Areas 4,913
Community Improvements, $200,000 shall be used for Clermont 4,914
County Communications Center; $50,000 shall be used for The Civic 4,916
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 4,917
Planning; $25,000 shall be used for Friendly Center Renovations; 4,918
$5,000 shall be used for Toledo Golden Gloves - Equipment; 4,919
$50,000 shall be used for Sylvania Historical Society Building 4,920
Improvements; $50,000 shall be used for Toledo International 4,921
Youth Hostel Renovations; $100,000 shall be used for Fellows 4,922
Gardens - Mill Creek Park Improvements; $100,000 shall be used 4,923
for Weathervane Playhouse Addition; $100,000 shall be used for 4,924
Akron/Summit Community Action Agency Facility Improvements; 4,925
$136,000 shall be used for Akron Community Health Resources Inc. 4,926
Facility Improvements; $75,000 shall be used for Farmington 4,927
Senior Center Improvements; $85,000 shall be used for President 4,928
McKinley Home Site improvements; $187,150 shall be used for 4,929
Shaker Historical Museum; $400,000 shall be used for Solon 4,930
Community Arts Center; $25,000 shall be used for Orange Senior 4,931
Center; $500,000 shall be used for StarlightGateway Collaborative 4,933
Project; $75,000 shall be used for Cincinnati Jewish Community 4,934
111
Center; $1,000,000 shall be used for Lincoln Heights Health 4,935
Center Improvements; $500,000 shall be used for Cook's Castle 4,936
Renovation; $40,000 shall be used for Toledo Jewish Community 4,937
Center; $100,000 shall be used for Youngstown Jewish Community 4,938
Center; $1,500,000 shall be used for Youngstown Parking Facility; 4,939
$150,000 shall be used for Canton Jewish Community Center; 4,940
$2,000,000 shall be used for Wilderness Center Facility 4,941
Improvements; $100,000 shall be used for Project AHEAD Facility 4,942
Improvements; $50,000 shall be used for Sagamore Hills Historical 4,943
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 4,944
Gardens; $250,000 shall be used for NEC World Series of Golf 4,945
Media Facility; $50,000 shall be used for Richfield Historic 4,946
District Improvements; $100,000 shall be used for Ohio Erie 4,947
Heritage Corridor Improvements; $150,000 shall be used for Hale 4,948
Farm Improvements; $1,750,000 shall be used for Wood County 4,949
Historic Building Renovation; $500,000 shall be used for 4,950
Miamisburg Mound Development; and $100,000 shall be used for
Mustill Store Exhibits in Cascade Valley Park. 4,951
Community Theatre Renovations 4,953
Of the foregoing appropriation item CAP-818, Community 4,955
Theatre Renovations, $100,000 shall be used for Cleveland Public 4,956
Theatre Improvements - Gordon Square; $125,000 shall be used for 4,957
Ariel Theatre Renovation; $125,000 shall be used for Markay 4,958
Theatre Renovations; and $50,000 shall be used for Lorain Palace 4,959
Theatre Improvements. 4,960
Section 3.02. AGR DEPARTMENT OF AGRICULTURE 4,962
CAP-040 County Fairgrounds Capital 4,964
Improvements $ 5,000,000 4,965
Total Department of Agriculture $ 5,000,000 4,967
County Fairgrounds Capital Improvements 4,970
The foregoing appropriation item CAP-040, County 4,972
Fairgrounds Capital Improvements, shall be used to provide 4,973
matching grants to Agricultural Societies for fairgrounds capital 4,974
improvements pursuant to rules promulgated by the Ohio Department 4,975
112
of Agriculture. The rules shall include, but not be limited to, 4,976
specifications of eligibility and award criteria, specifications
for grant agreements, and procedures for administration of the 4,977
program. Each society receiving a grant from this appropriation 4,978
shall contribute an equal amount of non-state funds toward the 4,979
capital improvements for which state funds are provided. No 4,980
society shall receive more than $100,000.
Section 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 4,982
CAP-047 Cincinnati Classical Music Hall of 4,985
Fame $ 300,000 4,986
CAP-050 Columbus Art Museum Facility Planning $ 250,000 4,988
CAP-053 Powers Auditorium Improvements $ 250,000 4,990
CAP-054 Dayton Performing Arts Center - 4,991
Planning and Phase I $ 400,000 4,992
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 4,994
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 4,996
CAP-062 Akron Art Museum - Planning $ 100,000 4,998
Total Arts And Sports Facilities Commission $ 1,975,000 5,000
Section 3.04. OHS OHIO HISTORICAL SOCIETY 5,003
CAP-745 Emergency Renovations of Historic 5,005
Sites and Museums $ 500,000 5,006
Total Ohio Historical Society $ 500,000 5,008
Section 3.05. DNR DEPARTMENT OF NATURAL RESOURCES 5,010
CAP-876 Statewide Trails Programs $ 390,000 5,014
CAP-942 Local Parks Projects $ 115,000 5,016
Total Department of Natural Resources $ 505,000 5,018
Statewide Trails Programs 5,021
Of the foregoing appropriation item CAP-876, Statewide 5,023
Trails Programs, $40,000 shall be used for New Richmond Bike 5,024
Trail Study; $100,000 shall be used for Bike Path Coshocton City; 5,025
and $250,000 shall be used for Bike Trail - Ohio to Erie. 5,026
Section 3.06. DOT DEPARTMENT OF TRANSPORTATION 5,028
CAP-004 County Airport Improvements $ 400,000 5,031
113
CAP-006 Youngstown-Warren Regional Airport 5,032
Intermodal Facility Development $ 2,200,000 5,034
CAP-008 Rickenbacker Airport Runway 5,035
Improvements $ 3,000,000 5,036
Total Department of Transportation $ 5,600,000 5,038
County Airport Improvements 5,041
Of the foregoing appropriation item CAP-004, County Airport 5,043
Improvements, $300,000 shall be used for Ashtabula County Airport 5,044
Improvements and $100,000 shall be used for Clermont County 5,045
Airport Improvements.
Total General Revenue Fund $ 30,803,150 5,047
Section 4. No expenditures shall be made from any of the 5,050
items appropriated from the General Revenue Fund in Sections 3.01 5,051
to 3.06 of this act until the appropriations are released by the 5,052
Controlling Board. Each request for release of appropriations by 5,053
the Controlling Board shall have attached the certification of 5,054
the Director of Budget and Management that sufficient General 5,055
Revenue Fund moneys will be available to fund the anticipated 5,056
expenditures associated with the request.
Section 5. All items set forth in this section are hereby 5,058
appropriated out of any moneys in the state treasury to the 5,059
credit of the Wildlife Fund (Fund 015), which are not otherwise 5,060
appropriated. 5,061
Appropriations 5,063
5,065
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 Land Acquisition $ 2,400,000 5,068
CAP-703 Cap Abandoned Water Wells $ 50,000 5,070
CAP-994 Wildlife Shooting Ranges 5,071
Maintenance/Development $ 320,000 5,072
Total Department of Natural Resources $ 2,770,000 5,074
Total Wildlife Fund $ 2,770,000 5,076
Section 6. The items set forth in this section are hereby 5,079
appropriated out of any moneys in the state treasury to the 5,081
114
credit of the Public School Building Fund (Fund 021), which are 5,082
not otherwise appropriated. Appropriations 5,083
5,084
SFC SCHOOL FACILITIES COMMISSION
CAP-622 Public School Buildings $ 145,000,000 5,087
CAP-777 Disability Access Projects $ 5,000,000 5,089
Total School Facilities Commission $ 150,000,000 5,091
Total Public School Building Fund $ 150,000,000 5,093
Section 7. The items set forth in this section are hereby 5,096
appropriated out of any moneys in the state treasury to the 5,097
credit of the Highway Safety Fund (Fund 036), which are not 5,098
otherwise appropriated.
Appropriations 5,100
5,101
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-045 Platform Scales Improvements $ 290,000 5,104
CAP-059 Patrol Post ADA Compliance $ 250,000 5,106
CAP-061 Alum Creek Warehouse Resurfacing $ 1,000,000 5,108
CAP-062 Construct Dayton/Easton Post Complex $ 2,000,000 5,110
CAP-063 HVAC Improvements at the Academy $ 500,000 5,112
CAP-064 Cambridge Radio Shop Renovations $ 500,000 5,114
CAP-065 Replace Windows at the Academy $ 400,000 5,116
CAP-066 District 1/Findlay Post Renovations $ 850,000 5,118
Total Department of Public Safety $ 5,790,000 5,120
Total Highway Safety Fund $ 5,790,000 5,122
Section 8. All items set forth in this section are hereby 5,125
appropriated out of any moneys in the state treasury to the 5,126
credit of the Waterways Safety Fund (Fund 086), which are not 5,127
otherwise appropriated. 5,128
Appropriations 5,130
5,131
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-324 Cooperative Funding for Boating 5,133
Facilities $ 2,000,000 5,134
115
CAP-934 Operations Facilities Development $ 250,000 5,136
Total Department of Natural Resources $ 2,250,000 5,138
Total Waterways Safety Fund $ 2,250,000 5,140
Section 9. All items set forth in this section are hereby 5,143
appropriated out of any moneys in the state treasury to the 5,144
credit of the Underground Parking Garage Operating Fund (Fund 5,145
208), which are not otherwise appropriated.
Appropriations 5,146
5,147
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-007 Garage Elevator Upgrades $ 250,000 5,150
CAP-008 Install Garage Oil Interceptor System $ 60,000 5,152
Total Capitol Square Review and Advisory Board $ 310,000 5,154
Total Underground Parking Garage Operating Fund $ 310,000 5,156
Section 10. All items set forth in this section are hereby 5,159
appropriated out of any moneys in the state treasury to the 5,160
credit of the Special Administrative Fund (Fund 4A9), which are 5,161
not otherwise appropriated. 5,163
BES BUREAU OF EMPLOYMENT SERVICES 5,163
CAP-026 Various Renovations - Central Office $ 495,335 5,166
CAP-027 Various Renovations - Local Offices $ 911,047 5,168
CAP-031 One Stop Employment Training Centers $ 400,000 5,170
Total Bureau of Employment Services $ 1,806,382 5,172
Total Special Administrative Fund $ 1,806,382 5,174
Section 11. The items set forth in this section are hereby 5,177
appropriated out of any moneys in the state treasury to the 5,178
credit of the Veterans' Home Improvement Fund (Fund 604), which 5,179
are not otherwise appropriated. 5,180
Appropriations 5,182
5,183
OVH OHIO VETERANS' HOME
CAP-737 Elevator Renovations $ 322,350 5,186
CAP-750 Griffin Bathroom Renovations $ 62,000 5,188
CAP-751 Replace Nursing Home Furniture $ 235,000 5,190
116
CAP-752 Secrest Window Coverings $ 150,000 5,192
CAP-753 Seal Roads and New Parking Lots $ 223,500 5,194
CAP-754 Replace Domiciliary Carpeting $ 70,000 5,196
CAP-755 Secrest Security System Improvements $ 65,000 5,198
CAP-756 Renovate Commandant's House $ 199,400 5,200
Total Ohio Veterans' Home $ 1,327,250 5,202
Total Veterans' Home Improvement Fund $ 1,327,250 5,204
Section 12. All items set forth in this section are hereby 5,207
appropriated out of any money in the state treasury to the credit 5,208
of the Sports Facilities Building Fund (Fund 024), which is 5,209
hereby created. Revenues to the Sports Facilities Building Fund 5,210
shall consist of proceeds of obligations authorized to pay costs 5,211
of the following capital improvements:
Appropriations 5,213
5,215
AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION
CAP-025 Sports Facilities Improvements - 5,217
Cincinnati $ 22,000,000 5,218
CAP-026 Sports Facilities Improvements - 5,219
Cleveland $ 21,790,605 5,220
Total Ohio Arts and Sports Facilities 5,221
Commission $ 43,790,605 5,223
Total Sports Facilities Building Fund $ 43,790,605 5,225
Section 13. The Ohio Building Authority is hereby 5,228
authorized to issue and sell, in accordance with the provisions 5,229
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,230
152. and other applicable sections of the Revised Code, original 5,231
obligations in an aggregate principal amount not to exceed
$43,800,000, in addition to the original issuance of obligations 5,233
heretofore authorized by prior acts of the General Assembly, to 5,234
pay the costs of capital facilities, as defined in division (J) 5,236
of section 3383.01 of the Revised Code as Ohio sports facilities,
and designated in Section 12 of this act, the owners or holders 5,237
of which shall have no right to have excises or taxes levied by 5,238
117
the General Assembly for the payment of principal or interest 5,239
thereon.
Section 14. The foregoing capital improvements for which 5,241
appropriations are made in Section 12 of this act are determined 5,242
to be capital improvements for the housing of branches and 5,243
agencies of state government and their functions, including, 5,244
without limitation, serving purposes of public recreation and of
economic development, including creating or preserving jobs and 5,245
employment opportunities and improving the economic welfare of 5,246
the people of the state, and shall be designated as the capital 5,247
facilities to which proceeds of obligations in the Sports 5,248
Facilities Building Fund are to be applied.
Section 15. All items set forth in Sections 15.01 to 15.13 5,250
of this act are hereby appropriated out of any moneys in the 5,252
state treasury to the credit of the Administrative Building Fund 5,253
(Fund 026). Revenues to the Administrative Building Fund shall
consist of proceeds of obligations authorized to pay the costs of 5,254
capital facilities, as defined in section 152.09 of the Revised 5,255
Code, for the following capital improvements: 5,256
Appropriations 5,258
Section 15.01. ADJ ADJUTANT GENERAL 5,260
CAP-036 Roof Replacement - Various Facilities $ 434,350 5,263
CAP-038 Electrical System - Various Facilities $ 635,072 5,265
CAP-039 Camp Perry Facility Improvements $ 3,000,000 5,267
CAP-044 Replace Windows/Doors - Various 5,268
Facilities $ 381,395 5,269
CAP-045 Plumbing Renovations - Various 5,270
Facilities $ 309,400 5,271
CAP-046 Paving Renovations - Various 5,272
Facilities $ 285,600 5,273
CAP-050 HVAC Systems - Various Facilities $ 339,150 5,275
CAP-052 Cincinnati Shadybrook Armory $ 1,748,705 5,277
CAP-055 Hillsboro Armory Renovations $ 478,974 5,279
Total Adjutant General $ 7,612,646 5,281
118
Section 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 5,284
CAP-809 Hazardous Substance Abatement in State 5,286
Facilities $ 2,000,000 5,288
CAP-811 Health/EPA Laboratory Facilities $ 5,700,000 5,290
CAP-826 Office Services Building Renovation $ 500,000 5,292
CAP-827 Statewide Communications System $ 37,000,000 5,294
CAP-835 Energy Conservation Projects $ 2,000,000 5,296
CAP-850 Renovation of Old ODOT Building $ 6,560,000 5,298
CAP-851 Purchase N. High/Chestnut Buildings $ 12,000,000 5,300
CAP-852 Renovate N. High/Chestnut Buildings $ 1,000,000 5,302
Total Department of Administrative Services $ 66,760,000 5,304
Hazardous Substance Abatement in State Facilities 5,307
The foregoing appropriation item CAP-809, Hazardous 5,309
Substance Abatement in State Facilities, shall be used to fund 5,310
the removal of asbestos, PCB, radon gas, and other contamination 5,311
hazards from state facilities.
Prior to the release of appropriations for asbestos 5,313
abatement, the Department of Administrative Services shall review 5,314
proposals from state agencies to use these appropriations based 5,315
on criteria developed by the Department of Administrative 5,316
Services. Upon a determination by the Department of 5,317
Administrative Services that the requesting agency cannot fund 5,318
the asbestos abatement project and/or other toxic materials 5,319
removal through existing capital and operating appropriations, 5,320
the department may request the release of appropriations for such 5,321
projects by the Controlling Board. State agencies intending to 5,322
fund asbestos abatement and/or other toxic materials removal 5,323
through existing capital and operating appropriations shall 5,324
notify the Director of Administrative Services of the nature and 5,325
scope prior to commencing the project.
Only agencies that have received appropriations for capital 5,327
projects from the Administrative Building Fund (Fund 026) are 5,328
eligible to receive funding from this item. Public school 5,329
districts are not eligible for funding from this item. 5,330
119
Implementation of Americans with Disabilities Act 5,332
As a result of the transfer made in Section 15.05 of this 5,334
act, an appropriation shall be created for appropriation item 5,335
CAP-822, Implementation of Americans with Disabilities Act, in 5,337
the Department of Administrative Services. Appropriations in 5,338
CAP-822 shall be used to renovate state-owned facilities to
provide access for physically disabled persons in accordance with 5,339
Title II of the Americans with Disabilities Act. 5,340
Prior to the release of appropriations for such 5,342
renovations, state agencies shall perform self-evaluations of 5,344
state-owned facilities identifying barriers to access to service. 5,345
State agencies shall prioritize access barriers and develop a
transition plan for the removal of these barriers. The 5,346
Department of Administrative Services shall review proposals from 5,347
state agencies to use these appropriations for Americans with 5,348
Disabilities Act renovations.
Only agencies that have received appropriations for capital 5,350
projects from the Administrative Building Fund (Fund 026) are 5,351
eligible to receive funding from this item. Public school 5,352
districts are not eligible for funding from this item. 5,353
MARCS Steering Committee and Statewide Communications 5,355
System
There is hereby continued a Multi-Agency Radio 5,357
Communications System Steering Committee consisting of the 5,358
designees of the Directors of Administrative Services, Public 5,359
Safety, Natural Resources, Transportation, Rehabilitation and
Correction, and Budget and Management. The Director of 5,360
Administrative Services or the director's designee shall chair 5,361
the committee. The committee shall provide assistance to the 5,362
Director of Administrative Services for effective and efficient 5,363
implementation of the MARCS system as well as develop policies 5,364
for the ongoing management of the system. Upon dates prescribed
by the Directors of Administrative Services and Budget and 5,365
Management, the MARCS Steering Committee shall report to the 5,366
120
directors as to the progress of MARCS implementation and the 5,367
development of policies related to the system.
The foregoing appropriation item CAP-827, Statewide 5,369
Communications System, shall be used to purchase or construct the 5,370
components of the Multi-Agency Radio Communications System 5,371
(MARCS) that are not specific to any one agency. The equipment 5,372
may include, but is not limited to: multi-agency equipment at 5,373
the Emergency Operations Center/Joint Dispatch Facility, computer
and telecommunication equipment used for the functioning and 5,374
integration of the system, communications towers, tower sites, 5,375
and tower equipment, and linkages among towers and between towers 5,376
and the State of Ohio Network for Integrated Communication 5,377
(SONIC) system. The Director of Administrative Services shall, 5,378
with the concurrence of the MARCS Steering Committee, determine 5,379
the specific use of funds.
Spending from this appropriation item shall not be subject 5,381
to the requirements of Chapters 123. and 153. of the Revised 5,382
Code.
Energy Conservation Projects 5,384
The foregoing appropriation item CAP-835, Energy 5,386
Conservation Projects, shall be used for renovations related to 5,387
energy conservation, including the United States Environmental 5,388
Protection Agency's Greenlights Program, in state-owned
facilities. Prior to the release of funds for renovation, state 5,389
agencies shall have performed a comprehensive energy audit for 5,390
each project. The Department of Administrative Services shall 5,391
review and approve proposals from state agencies to use these 5,392
funds for energy conservation.
Public school districts and state-supported and 5,394
state-assisted institutions of higher education are not eligible 5,395
for funding from this item.
Purchase N. High/Chestnut Buildings 5,397
The Bureau of Workers' Compensation and Department of 5,399
Administrative Services may enter into an agreement for the 5,400
121
transfer of the real estate and related facilities to be used for 5,401
state office facilities located at 246 North High Street, 5,402
Columbus, Ohio, and 35 Chestnut Street, Columbus, Ohio, from the 5,403
State Insurance Fund to the State of Ohio. The foregoing 5,404
appropriation item CAP-851, Purchase N. High/Chestnut Buildings,
shall be used to make the final payment to the State Insurance 5,405
Fund in accordance with the agreement. 5,406
Section 15.03. AGE DEPARTMENT OF AGING 5,408
CAP-001 Renovate Martin Janis Center $ 125,000 5,411
Total Department of Aging $ 125,000 5,413
Section 15.04. AGR DEPARTMENT OF AGRICULTURE 5,416
CAP-029 Administration Building Renovation $ 1,394,022 5,419
CAP-039 Renovate Weights and Measures Bldg. $ 200,000 5,421
CAP-041 Drainage and Erosion Control 5,422
Improvements $ 252,344 5,423
CAP-042 Reynoldsburg Complex Security 5,424
Improvements $ 125,000 5,425
Total Department of Agriculture $ 1,971,366 5,427
Section 15.05. AGO ATTORNEY GENERAL 5,430
CAP-710 Automated Fingerprint ID System $ 4,438,000 5,433
CAP-714 Construct/Renovate BCI & I $ 9,891,647 5,435
Total Attorney General $ 14,329,647 5,437
Transfers of Appropriations to the Department of 5,440
Administrative Services
Within fifteen days after the effective date of this 5,442
section, the Director of Budget and Management shall transfer 5,443
appropriations from the foregoing appropriation item CAP-714, 5,444
Construct/Renovate BCI & I, to various appropriation items in 5,445
Fund 026 in the Department of Administrative Services.
The Director of Budget and Management shall transfer 5,447
$3,398,658 to CAP-837, Major Computer Purchases; $2,000,000 to 5,448
CAP-822, Implementation of Americans with Disabilities Act; 5,449
$800,000 to CAP-824, State Real Estate Inventory System; and 5,450
$400,000 to CAP-834, Develop Computerized Record Drawing Storage. 5,451
122
The Director of Budget and Management shall also transfer 5,452
$500,000 to CAP-835, Energy Conservation Projects; $285,542 to 5,453
CAP-850, Renovation of Old ODOT Building; and $500,000 to 5,454
CAP-809, Hazardous Substance Abatement in State Facilities and 5,455
these amounts shall be in addition to the amounts appropriated 5,456
for those items in Section 15.02 of this act. These transfers 5,458
reimburse the Department of Administrative Services for providing 5,459
appropriations to the Attorney General's office during the 5,460
construction of the new Bureau of Criminal Identification and
Investigation facility. 5,462
Section 15.06. CSR CAPITOL SQUARE REVIEW AND 5,466
ADVISORY BOARD 5,466
CAP-001 Replace Statehouse Grounds Retaining 5,468
Wall $ 700,000 5,469
Total Capitol Square Review and Advisory Board $ 700,000 5,471
Section 15.07. COM DEPARTMENT OF COMMERCE 5,474
CAP-007 Construct and Renovate Fireground 5,475
Training Areas $ 198,000 5,476
CAP-008 Fire Academy Building Renovations $ 626,000 5,478
CAP-011 Roadway/Training Area Resurfacing $ 260,000 5,480
Total Department of Commerce $ 1,084,000 5,482
Section 15.08. EXP EXPOSITIONS COMMISSION 5,485
CAP-037 Electrical Upgrades $ 2,449,400 5,488
CAP-052 Sewer Separation $ 1,903,090 5,490
CAP-059 Replace Coliseum Compressor $ 500,520 5,492
CAP-062 Door Replacement $ 123,874 5,494
CAP-063 Facility Improvement and Modernization 5,495
Planning $ 81,933 5,496
CAP-064 Replacement of Water Lines $ 80,098 5,498
CAP-065 Replace Coliseum Seating $ 796,315 5,500
CAP-066 Stairtower Replacement $ 220,092 5,502
Total Expositions Commission $ 6,155,322 5,504
Section 15.09. DNR DEPARTMENT OF NATURAL RESOURCES 5,507
123
CAP-742 Fountain Square Building and Telephone 5,509
System Improvements $ 4,000,000 5,510
CAP-747 DNR Fairgrounds Areas - General 5,511
Upgrading $ 75,000 5,512
Total Department of Natural Resources $ 4,075,000 5,514
Section 15.10. DHS DEPARTMENT OF PUBLIC SAFETY 5,517
CAP-067 VHF Radio System Improvements $ 356,000 5,520
Total Department of Public Safety $ 356,000 5,522
Section 15.11. SUP JUDICIARY/SUPREME COURT 5,525
CAP-001 Ohio Courts Building Renovations $ 32,600,000 5,528
Total Judiciary/Supreme Court $ 32,600,000 5,530
Exempt from Per Cent for Arts Program 5,533
The foregoing project CAP-001, Ohio Courts Building 5,535
Renovations, shall be exempt from the provisions of section 5,536
3379.10 of the Revised Code, the Per Cent for Arts Program. 5,537
Section 15.12. OSB SCHOOL FOR THE BLIND 5,539
CAP-733 Dormitory Wardrobe Replacement $ 91,450 5,542
CAP-757 Bathroom Renovation with Handicapped 5,543
Accessibility $ 185,800 5,544
CAP-778 Install Air Conditioning in Dining 5,545
Rooms $ 75,000 5,546
CAP-779 Upgrade Doorways for Handicapped 5,547
Accessibility $ 87,000 5,548
CAP-780 Residential Renovations $ 344,900 5,550
CAP-783 Natatorium Improvements $ 59,300 5,552
Total School for the Blind $ 843,450 5,554
Section 15.13. OSD SCHOOL FOR THE DEAF 5,557
CAP-730 Roof Rehabilitation $ 900,000 5,560
CAP-744 Fire Alarm System Replacement $ 208,740 5,562
CAP-749 Bathroom Renovation with Handicapped 5,563
Accessibility $ 331,050 5,564
CAP-781 Heating System Renovations and Boiler 5,565
Replacement/Administration Building $ 1,320,000 5,567
CAP-782 Electrical System Improvements $ 782,000 5,569
124
CAP-784 Heating and Bedroom Renovations $ 647,000 5,571
CAP-785 Site Improvements $ 25,000 5,573
Total School for the Deaf $ 4,213,790 5,575
Total Administrative Building Fund $ 140,826,221 5,577
Section 16. The Ohio Building Authority is hereby 5,580
authorized to issue and sell, in accordance with the provisions 5,581
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,582
152. and other applicable sections of the Revised Code, original 5,583
obligations in an aggregate principal amount not to exceed 5,585
$140,000,000, in addition to the original issuance of obligations 5,586
heretofore authorized by prior acts of the General Assembly to 5,587
pay costs associated with previously authorized capital 5,588
facilities and the capital facilities in Sections 15.01 to 15.13 5,589
of this act, the owners or holders of which shall have no right 5,590
to have excises or taxes levied by the General Assembly for the 5,591
payment of principal or interest thereon. 5,592
Section 17. All items set forth in this section are hereby 5,594
appropriated out of any moneys in the state treasury to the 5,595
credit of the Adult Correctional Building Fund (Fund 027). 5,596
Revenues to the Adult Correctional Building Fund shall consist of 5,597
proceeds of obligations authorized to pay costs of capital 5,598
facilities as defined in section 152.09 of the Revised Code for 5,599
the Department of Rehabilitation and Correction. 5,600
Appropriations 5,602
5,603
DRC DEPARTMENT OF REHABILITATION AND CORRECTION 5,605
STATEWIDE AND CENTRAL OFFICE PROJECTS 5,606
CAP-002 Local Jails $ 26,300,000 5,609
CAP-003 Community-Based Correctional 5,610
Facilities $ 11,346,240 5,611
CAP-007 Asbestos and Lead Abatement - 5,612
Statewide $ 1,900,000 5,613
CAP-008 Powerhouse/Utility Improvements $ 3,000,000 5,615
CAP-010 Industrial Equipment - Statewide $ 2,489,000 5,617
125
CAP-011 Roof and Window Renovations - 5,618
Statewide $ 2,000,000 5,619
CAP-017 Security Improvements - Statewide $ 4,000,000 5,621
CAP-026 Waste Water Treatment Improvements - 5,622
Statewide $ 1,500,000 5,623
CAP-041 Community Residential Program $ 4,780,000 5,625
CAP-129 Water Treatment Plant Improvements - 5,626
Statewide $ 900,000 5,627
CAP-141 Multi-Agency Radio Communications 5,628
System Equipment $ 2,000,000 5,629
CAP-186 Construct Close Custody Prison and 5,630
Camp $ 82,000,000 5,631
CAP-187 Mandown Alert Communication Systems - 5,632
Statewide $ 3,000,000 5,633
CAP-188 Manufacturing and Storage Building 5,634
Additions - Statewide $ 159,300 5,635
CAP-189 Tuck Pointing Renovations - Statewide $ 750,000 5,637
Total Statewide and Central Office Projects $ 146,125,340 5,639
5,641
CHILLICOTHE CORRECTIONAL INSTITUTION
CAP-146 Renovate Food Service Area - CCI $ 4,425,000 5,644
CAP-190 Utility Improvements $ 200,000 5,646
CAP-191 Life and Fire Safety Improvements $ 3,500,000 5,648
CAP-192 Hot Water System Improvements - CCI $ 275,000 5,650
Total Chillicothe Correctional Institution $ 8,400,000 5,652
5,654
CORRECTIONAL RECEPTION CENTER
CAP-173 CRC E-Dorm Renovation $ 350,000 5,657
Total Correctional Reception Center $ 350,000 5,659
5,661
CORRECTIONAL TRAINING ACADEMY
CAP-193 AT Building Roof Replacement $ 450,000 5,664
CAP-194 Construct Conference Center $ 1,796,511 5,666
Total Correctional Training Academy $ 2,246,511 5,668
126
5,670
DAYTON CORRECTIONAL INSTITUTION
CAP-195 Hot Water System Improvements - DCI $ 400,000 5,673
Total Dayton Correctional Institution $ 400,000 5,675
5,677
GRAFTON CORRECTIONAL INSTITUTION
CAP-196 Camp Egress System Improvements - GCI $ 450,000 5,680
Total Grafton Correctional Institution $ 450,000 5,682
5,684
HOCKING CORRECTIONAL INSTITUTION
CAP-053 General Building Renovations $ 275,000 5,687
Total Hocking Correctional Institution $ 275,000 5,689
5,691
LEBANON CORRECTIONAL INSTITUTION
CAP-118 Water Tower Renovations $ 123,307 5,694
CAP-197 Cell Door Lock Replacement $ 5,259,900 5,696
CAP-198 Water Treatment Plant Improvements - 5,697
Le CI $ 1,150,000 5,698
Total Lebanon Correctional Institution $ 6,533,207 5,700
5,702
LIMA CORRECTIONAL INSTITUTION
CAP-121 Shower and Lavatory Renovations $ 1,995,000 5,705
CAP-155 Heating System Renovations $ 2,065,400 5,707
CAP-156 Water and Sewer Line Renovations $ 1,000,000 5,709
CAP-199 Windows and Security Bar Improvements $ 1,000,000 5,711
CAP-200 Utility Renovations $ 350,000 5,713
Total Lima Correctional Institution $ 6,410,400 5,715
5,717
LONDON CORRECTIONAL INSTITUTION
CAP-122 Master Plan Building and Renovations $ 4,000,000 5,720
CAP-201 Water Treatment Plant Addition $ 3,000,000 5,722
Total London Correctional Institution $ 7,000,000 5,724
5,726
MANSFIELD CORRECTIONAL INSTITUTION
127
CAP-123 Smoke Removal/Sprinkler System 5,728
Improvements $ 232,734 5,729
CAP-202 Death Unit Renovations $ 750,000 5,731
CAP-203 Hot Water System Improvements - Man CI $ 750,000 5,733
Total Mansfield Correctional Institution $ 1,732,734 5,735
5,737
MARION CORRECTIONAL INSTITUTION
CAP-028 Power House Improvements $ 191,893 5,740
CAP-067 Roof Replacement $ 384,635 5,742
CAP-124 Fire Sprinkler System Improvements $ 2,146,791 5,744
CAP-204 Freezer Replacement $ 168,800 5,746
CAP-205 Cooler Replacement $ 343,800 5,748
CAP-206 Central Food Service Renovations - MCI $ 343,800 5,750
CAP-207 HVAC Improvements - Admin. Bldg. $ 750,000 5,752
CAP-208 Hot Water Tank Replacement $ 275,000 5,754
Total Marion Correctional Institution $ 4,604,719 5,756
5,758
NORTHEAST PRE-RELEASE CENTER
CAP-209 Security Improvements - NEPRC $ 425,000 5,761
Total Northeast Pre-Release Center $ 425,000 5,763
5,765
OHIO REFORMATORY FOR WOMEN
CAP-210 Replacement Dormitory - ORW $ 3,650,000 5,768
CAP-211 Renovate J.G. Cottage $ 1,300,000 5,770
CAP-212 Powerhouse Renovation and Replumbing $ 1,250,000 5,772
CAP-213 Sanitary Sewer Renovations - ORW $ 250,000 5,774
CAP-214 Storm Sewer Renovations $ 200,000 5,776
CAP-215 Central Food Service Renovations - ORW $ 300,000 5,778
CAP-216 Elevator Renovation $ 121,500 5,780
CAP-217 Perimeter Lighting Improvements $ 800,000 5,782
CAP-218 Rewire Harmon Building $ 376,289 5,784
CAP-219 Fire Alarm System Improvements $ 128,971 5,786
Total Ohio Reformatory for Women $ 8,376,760 5,788
5,790
128
ORIENT CORRECTIONAL INSTITUTION
CAP-126 Fire Protection System Upgrading $ 290,467 5,793
CAP-184 Orient Dorm Renovations $ 450,000 5,795
CAP-220 Mechanical Renovations Limited Duty 5,796
Dorm $ 1,500,000 5,797
CAP-221 Replacement 2 Story Dorm for 6E Dorm $ 3,958,000 5,799
Total Orient Correctional Institution $ 6,198,467 5,801
5,802
PICKAWAY CORRECTIONAL INSTITUTION
CAP-222 Sludge Removal System Improvements $ 1,500,000 5,805
CAP-223 Replacement of Unit A Dorm $ 4,339,900 5,807
CAP-224 Replacement Generator - Dairy Farm $ 108,100 5,809
CAP-225 Water System Improvements $ 1,808,470 5,811
CAP-226 Milk Processing Plant $ 1,905,800 5,813
CAP-227 Roof Improvements $ 430,495 5,815
CAP-228 Power House Improvements $ 212,889 5,817
Total Pickaway Correctional Institution $ 10,305,654 5,819
5,821
ROSS CORRECTIONAL INSTITUTION
CAP-229 Waste Water Treatment Plant 5,823
Improvement - RCI $ 2,500,000 5,824
Total Ross Correctional Institution $ 2,500,000 5,826
5,828
SOUTHEASTERN CORRECTIONAL INSTITUTION
CAP-233 Replacement 2 Story Dorm for J, K & L 5,830
Dorms $ 3,900,000 5,831
CAP-234 High Voltage Electrical System 5,832
Improvements $ 1,500,000 5,833
CAP-235 Warehouse and Utility Buildings 5,834
Renovations $ 225,000 5,835
CAP-236 Construct Dining Hall $ 3,381,125 5,837
CAP-237 Power Plant Improvements $ 479,697 5,839
Total Southeastern Correctional Institution $ 9,485,822 5,841
5,843
129
SOUTHERN OHIO CORRECTIONAL FACILITY
CAP-230 Waste Water Treatment Plant $ 1,000,000 5,846
CAP-231 Gas Boiler Installation $ 978,005 5,848
CAP-232 Power House Chiller $ 457,800 5,850
Total Southern Ohio Correctional Facility $ 2,435,805 5,852
Total Department of Rehabilitation 5,853
and Correction $ 224,255,419 5,855
Total Adult Correctional Building Fund $ 224,255,419 5,857
Section 17.01. Local Jails 5,860
From the foregoing appropriation item CAP-002, Local Jails, 5,863
the Department of Rehabilitation and Correction shall designate
the projects involving the construction and renovation of county, 5,865
multi-county, municipal-county, and multicounty-municipal jail 5,866
facilities and workhouses, including correctional centers 5,867
authorized under sections 153.61 and 307.93 of the Revised Code,
for which the Ohio Building Authority is authorized to issue 5,868
obligations. Notwithstanding any provisions to the contrary 5,869
contained in Chapter 152. or 153. of the Revised Code, the 5,870
Department of Rehabilitation and Correction is authorized to 5,871
coordinate, review, and monitor the drawdown and use of funds for 5,872
the renovation or construction of projects for which designated
funds are provided. 5,873
The funding authorized under this section shall not be 5,875
applied to any such facilities that are not designated by the 5,876
Department of Rehabilitation and Correction. The amount of 5,877
funding authorized under this section that may be applied to a 5,878
project designated for initial funding after July 1, 1998, 5,879
involving the construction or renovation of a county,
multi-county, municipal-county, or multicounty-municipal jail 5,880
facility or workhouse, including a correctional center authorized 5,882
under sections 153.61 and 307.93 of the Revised Code, shall not 5,883
exceed $25,000 per bed of the total allowable cost of the project
in the case of construction of county and municipal-county jail 5,884
facilities, workhouses, and correctional centers; shall not 5,885
130
exceed $42,000 per bed of the total allowable cost of the project 5,886
in the case of construction of multi-county or 5,887
multicounty-municipal jail facilities, workhouses, and
correctional centers; and shall not exceed 30 per cent of the 5,888
total allowable cost of the project in the case of renovation of 5,889
county, multi-county, municipal-county, and multicounty-municipal 5,890
jail facilities, workhouses, and correctional centers. 5,891
The cost-per-bed funding authorized under this section that 5,893
may be applied to a construction project shall not exceed the 5,894
actual cost-per-bed of the project. The 30 per cent funding 5,895
authorized under this section that may be applied to a renovation 5,896
project shall not exceed $25,000 per bed of the total allowable 5,897
cost of the project.
The amount of funding authorized under this section that 5,899
may be applied to a project designated for initial funding prior 5,900
to July 1, 1996, and designated for additional funding after July 5,901
1, 1996, involving the construction or renovation of a county, 5,902
multi-county, municipal-county, or multicounty-municipal jail 5,903
facility or workhouse, including a correctional center authorized 5,904
under sections 153.61 and 307.93 of the Revised Code, shall not 5,905
exceed 30 per cent of the total allowable cost of the project in
the case of county and municipal-county jail facilities, 5,906
workhouses, and correctional centers; shall not exceed 50 per 5,907
cent of the total allowable cost of the project in the case of 5,908
multi-county or multicounty-municipal jail facilities, 5,909
workhouses, and correctional centers; and up to 100 per cent of 5,910
the total allowable cost of the project in the case of
multicounty or multicounty-municipal correctional centers that 5,911
meet the following qualifications: 5,912
(A) Are authorized under sections 153.61 and 307.93 of the 5,914
Revised Code; 5,915
(B) Are constructed under the auspices of a corrections 5,917
commission consisting of at least three counties; and 5,918
(C) With a cost per bed not in excess of seventy-five 5,921
131
thousand dollars.
The funding authorized under this section shall not be 5,923
applied to any project involving the construction of a county, 5,924
multi-county, municipal-county, or multicounty-municipal jail 5,925
facility or workhouse, including a correctional center 5,926
established under sections 153.61 and 307.93 of the Revised Code,
unless the facility, workhouse, or correctional center will be 5,927
built in compliance with "The Minimum Standards for Jails in 5,928
Ohio" and the plans have been approved in accordance with section 5,929
5103.18 of the Revised Code. In addition, the funding authorized 5,930
under this section shall not be applied to any project involving 5,931
the renovation of a county, multi-county, municipal-county, or 5,932
multicounty-municipal jail facility or workhouse, including a 5,933
correctional center established under sections 153.61 and 307.93
of the Revised Code, unless the renovation is for the purpose of 5,934
bringing the facility, workhouse, or correctional center into 5,935
compliance with "The Minimum Standards for Jail in Ohio" and the 5,936
plans have been approved in accordance with section 5103.18 of 5,937
the Revised Code.
From the foregoing appropriation item CAP-002, Local Jails, 5,939
the Department of Rehabilitation and Correction may use up to 5,940
$250,000 to contract for services necessary to develop a 5,941
site-adaptable, cost-effective, prototype jail design, including 5,942
architectural drawings, to be made available by the department to
local jurisdictions for use in jail design and construction. 5,943
Section 17.02. Community-Based Correctional Facilities 5,945
The Department of Rehabilitation and Correction is hereby 5,947
authorized to designate to the Ohio Building Authority the sites 5,948
of, and, notwithstanding any provisions to the contrary contained 5,949
in Chapter 152. or 153. of the Revised Code, to review the 5,950
renovation or construction of, the single county and district 5,951
community-based correctional facilities funded by the foregoing 5,952
appropriation item CAP-003, Community-Based Correctional 5,953
Facilities.
132
Section 17.03. Community Residential Program Renovations 5,955
The foregoing appropriation item CAP-041, Community 5,957
Residential Program, may be used to award grants, or to reimburse 5,958
government entities, or private nonprofit organizations, for the 5,959
construction of halfway houses for prisoners who are released on 5,960
parole by the Adult Parole Authority or for the renovation of 5,961
existing buildings for use as halfway houses for those released 5,962
prisoners, pursuant to section 5120.103 of the Revised Code.
Section 18. The Ohio Building Authority is hereby 5,964
authorized to issue and sell, in accordance with the provisions 5,965
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,966
152. and section 307.021 of the Revised Code, original 5,967
obligations in an aggregate principal amount not to exceed 5,968
$224,000,000 in addition to the original issuance of obligations 5,969
heretofore authorized by prior acts of the General Assembly to 5,970
pay costs associated with previously authorized capital 5,971
facilities and the capital facilities in Sections 17 and 17.01 to 5,972
17.03 of this act for the Department of Rehabilitation and 5,973
Correction, the owners or holders of which shall have no right to 5,974
have excises or taxes levied by the General Assembly for the 5,975
payment of principal or interest thereon. 5,976
Section 19. All items set forth in this section are hereby 5,978
appropriated out of any moneys in the state treasury to the 5,979
credit of the Juvenile Correctional Building Fund (Fund 028). 5,980
Revenues to the Juvenile Correctional Building Fund shall consist 5,981
of proceeds of obligations authorized to pay costs of capital 5,982
facilities as defined in section 152.09 of the Revised Code for 5,983
the Department of Youth Services. 5,984
Appropriations 5,986
5,987
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 Fire Suppression, Safety, and Security 5,989
Renovations $ 2,000,000 5,990
CAP-803 General Institutional Renovations $ 3,466,386 5,992
133
CAP-812 Community Rehabilitation Centers $ 3,963,366 5,994
CAP-821 Construct Maximum Security Facility $ 4,000,000 5,996
CAP-825 Food Service, Storeroom, Laundry, and 5,997
Fence Renovations - Mohican Youth 5,998
Center $ 600,000 5,999
CAP-828 Multi-Agency Radio Communications 6,000
System Equipment $ 400,000 6,001
CAP-829 Local Juvenile Detention Centers $ 2,397,123 6,003
CAP-833 Security Renovations - Indian River $ 4,793,125 6,005
CAP-834 Health and Safety Unit Renovations - 6,006
Riverview $ 3,780,000 6,007
Total Department of Youth Services $ 25,400,000 6,009
Total Juvenile Correctional Building Fund $ 25,400,000 6,011
Section 19.01. Community Rehabilitation Centers 6,014
From the foregoing appropriation item CAP-812, Community 6,016
Rehabilitation Centers, the Department of Youth Services shall 6,017
designate the projects involving the construction and renovation 6,018
of single county and multi-county community corrections 6,019
facilities for which the Ohio Building Authority is authorized to 6,020
issue obligations. 6,021
The Department of Youth Services is authorized to review 6,023
and approve the renovation and construction of projects for which 6,024
funds are provided. The proceeds of any obligations authorized 6,025
under this section shall not be applied to any such facilities 6,026
that are not designated and approved by the Department of Youth 6,027
Services. 6,028
The Department of Youth Services shall adopt guidelines to 6,030
accept and review applications and designate projects. Those 6,031
guidelines shall require the county or counties to justify the 6,032
need for the facility and to comply with timelines for the 6,033
submission of documentation pertaining to the site, program, and 6,034
construction. 6,035
For purposes of this section, "community corrections 6,037
facilities" has the same meaning as in section 5139.36 of the 6,039
134
Revised Code.
Section 19.02. Local Juvenile Detention Centers 6,041
From the foregoing appropriation item CAP-829, Local 6,043
Juvenile Detention Centers, the Department of Youth Services 6,045
shall designate the projects involving the construction and 6,046
renovation of county and multi-county juvenile detention centers 6,047
for which the Ohio Building Authority is authorized to issue
obligations. 6,048
The Department of Youth Services is authorized to review 6,050
and approve the renovation and construction of projects for which 6,051
funds are provided. The proceeds of any obligations authorized 6,052
under this section shall not be applied to any such facilities 6,053
that are not designated by the Department of Youth Services. 6,054
The Department of Youth Services shall comply with the 6,056
guidelines set forth below, accept and review applications, 6,058
designate projects, and determine the amount of state match
funding to be applied to each project. The department shall, 6,059
with the advice of the county or counties participating in a 6,061
project, determine the funded design capacity of the detention 6,062
centers that are designated to receive funding. Notwithstanding 6,063
any provisions to the contrary contained in Chapter 152. or 153. 6,064
of the Revised Code, the Department of Youth Services is
authorized to coordinate, review, and monitor the drawdown and 6,065
use of funds for the renovation and construction of projects for 6,066
which designated funds are provided. 6,067
(A) The Department of Youth Services shall develop a 6,069
weighted numerical formula to determine the amount, if any, of 6,070
state match that may be provided to a single or multi-county 6,071
detention center project. The formula shall include the factors 6,072
specified below in division (A)(1) of this section and may 6,073
include the factors specified below in division (A)(2) of this
section. The weight assigned to the factors specified in 6,074
division (A)(1) of this section shall be no less than twice the 6,075
weight assigned to factors specified in division (A)(2) of this 6,076
135
section:
(1)(a) The number of detention center beds needed in the 6,078
county or group of counties, as estimated by the Department of 6,080
Youth Services, is significantly more than the number of beds 6,081
currently available;
(b) Any existing detention center in the county or group 6,083
of counties does not meet health, safety, or security standards 6,084
for detention centers as established by the Department of Youth 6,086
Services;
(c) The Department of Youth Services projects that the 6,088
county or group of counties have a need for a sufficient number 6,090
of detention beds to make the project economically viable. 6,091
(2)(a) The percentage of children in the county or group 6,093
of counties living below the poverty level is above the state 6,094
average;
(b) The per capita income in the county or group of 6,096
counties is below the state average. 6,097
(B) The formula developed by the Department of Youth 6,099
Services shall yield a percentage of state match ranging from 0 6,100
per cent to 60 per cent based on the above factors. 6,101
Notwithstanding the foregoing provisions, if a single county or 6,102
multi-county system currently has no detention center beds, or if
the projected need for detention center beds as estimated by the 6,103
Department of Youth Services is greater than 120 per cent of 6,104
current detention center bed capacity, then the percentage of 6,105
state match shall be 60 per cent. To determine the dollar amount 6,106
of the state match for new construction projects, the percentage 6,107
of state match shall be multiplied by $105,000 per bed for 6,108
detention centers with a designated capacity of 99 beds or less, 6,109
and by $130,000 per bed for detention centers with a design
capacity of 100 beds or more. To determine the dollar amount of 6,110
the state match for renovation projects the percentage match 6,111
shall be multiplied by the actual cost of the renovation, 6,112
provided that the cost of the renovation does not exceed $80,000 6,113
136
per bed. The funding authorized under this section that may be
applied to a construction or renovation project shall not exceed 6,114
the actual cost of the project. 6,115
The funding authorized under this section shall not be 6,117
applied to any project unless the detention center will be built 6,118
in compliance with health, safety, and security standards for 6,119
detention centers as established by the Department of Youth 6,120
Services. In addition, the funding authorized under this section
shall not be applied to the renovation of a detention center 6,121
unless the renovation is for the purpose of increasing the number 6,122
of beds in the center, or to meet health, safety, or security 6,123
standards for detention centers as established by the Department 6,124
of Youth Services.
Section 20. The Ohio Building Authority is hereby 6,126
authorized to issue and sell, in accordance with the provisions 6,127
of Section 2i of Article VIII, Ohio Constitution, and Chapter 6,128
152. and other applicable sections of the Revised Code, original 6,129
obligations in an aggregate principal amount not to exceed 6,130
$25,000,000 in addition to the original issuance of obligations 6,131
heretofore authorized by prior acts of the General Assembly. 6,132
These authorized obligations shall be issued to pay the costs 6,133
associated with previously authorized capital facilities and the 6,134
capital facilities in Sections 19, 19.01, and 19.02 of this act 6,135
for the Department of Youth Services, the owners or holders of 6,137
which shall have no right to have excises or taxes levied by the 6,138
General Assembly for the payment of principal or interest 6,139
thereon.
Section 21. All items set forth in this section are hereby 6,141
appropriated out of any moneys in the state treasury to the 6,142
credit of the Arts Facilities Building Fund (Fund 030). Revenues 6,144
to the Arts Facilities Building Fund shall consist of proceeds of 6,145
obligations authorized to pay costs of the following capital 6,146
improvements:
Appropriations 6,147
137
6,148
AFC ARTS FACILITIES COMMISSION
CAP-001 National Aviation Hall of Fame $ 1,100,000 6,151
CAP-004 Valentine Theatre $ 3,500,000 6,153
CAP-005 Center for Science and Industry - 6,154
Columbus $ 5,500,000 6,155
CAP-010 Sandusky State Theatre Improvements $ 500,000 6,157
CAP-013 Stambaugh Hall Improvements $ 625,000 6,159
CAP-033 Woodward Opera House Renovation $ 250,000 6,161
CAP-037 Canton Palace Theatre Renovations $ 800,000 6,163
CAP-044 National Underground Railroad Freedom 6,164
Center $ 500,000 6,165
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 6,167
CAP-046 Cincinnati Museum Center Improvements $ 525,000 6,169
CAP-048 John and Annie Glenn Museum $ 600,000 6,171
CAP-049 Ohio Theatre Improvements $ 3,000,000 6,173
CAP-051 Akron Civic Theatre Improvements $ 600,000 6,175
CAP-052 Akron Art Museum $ 1,000,000 6,177
CAP-055 WACO Museum and Aviation Learning 6,178
Center $ 500,000 6,179
CAP-056 Ohio Center of Agriculture and 6,180
Industrial Technology Heritage Center $ 3,500,000 6,182
CAP-058 Cedar Bog Nature Preserve Education 6,183
Center $ 1,000,000 6,184
CAP-061 Statewide Arts Facilities Planning $ 500,000 6,186
CAP-702 Campus Martius Museum Renovations $ 140,000 6,188
CAP-734 Hayes Presidential Center - Museum and 6,189
Home Improvements $ 1,000,000 6,190
CAP-741 Adena State Memorial Renovations $ 350,000 6,192
CAP-742 Ft. Meigs Museum and Exhibit 6,193
Improvements $ 2,960,000 6,194
CAP-744 Zoar Village Visitor Center and 6,195
Building Renovations $ 875,000 6,196
138
CAP-757 Schoenbrunn Village Restoration and 6,197
Renovations $ 211,000 6,198
CAP-758 Ft. Laurens Building and Site 6,199
Improvements $ 100,000 6,200
CAP-770 Serpent Mound State Memorial 6,201
Improvements $ 295,000 6,202
CAP-780 Harding Home State Memorial 6,203
Restorations $ 390,000 6,204
CAP-781 Historical Center - Archives and 6,205
Library Automation $ 450,000 6,206
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 6,208
CAP-788 Tallmadge Church Building Restoration $ 250,000 6,210
CAP-789 Neil Armstrong Air and Space Museum 6,211
Improvements $ 315,000 6,212
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 6,214
CAP-795 Local and Wide-area Networks $ 300,000 6,216
CAP-796 Moundbuilders State Memorial 6,217
Improvements $ 530,000 6,218
CAP-797 National Afro-American Museum 6,219
Improvements $ 300,000 6,220
CAP-798 Multi-Site Fire and Security System 6,221
Improvements $ 100,000 6,222
CAP-799 Capitol City Exhibit Feasibility $ 50,000 6,224
CAP-800 Indian Mill State Memorial 6,225
Improvements $ 112,000 6,226
Total Arts Facilities Commission $ 37,044,000 6,228
Total Arts Facilities Building Fund $ 37,044,000 6,230
Center for Science and Industry-Columbus 6,233
Of the foregoing appropriation item CAP-005, Center for 6,235
Science and Industry-Columbus, $5,000,000 shall be used for the 6,236
John Glenn Theatre and $500,000 shall be used for AgScience 6,237
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 6,239
Contracts
139
Notwithstanding division (A) of section 3383.07 of the 6,241
Revised Code, the Ohio Arts and Sports Facilities Commission, 6,242
with respect to the foregoing appropriation item CAP-005, Center 6,243
for Science and Industry-Columbus, is authorized to administer 6,244
all or part of capital facilities project contracts involving 6,245
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 6,246
and Industry-Columbus, and the Ohio Arts and Sports Facilities 6,247
Commission in review of the project plans. The Ohio Arts and 6,248
Sports Facilities Commission shall enter into a contract with the 6,249
Center of Science and Industry-Columbus to administer the exhibit 6,250
fabrication and installation contracts, which contracts are not
subject to Chapters 123. or 153. of the Revised Code. 6,251
Schoenbrunn Village Restoration and Renovations 6,253
Of the foregoing appropriation item CAP-757, Schoenbrunn 6,255
Village Restoration and Renovations, up to $30,000 shall be used 6,256
for safety improvements related to the New Philadelphia airport. 6,257
Section 22. The Ohio Building Authority is hereby 6,259
authorized to issue and sell, in accordance with the provisions 6,260
of Section 2i of Article VIII, Ohio Constitution, and Chapter 6,261
152. and other applicable sections of the Revised Code, original 6,263
obligations in an aggregate principal amount not to exceed 6,264
$36,800,000 in addition to the original issuance of obligations 6,266
heretofore authorized by prior acts of the General Assembly to 6,267
pay costs of capital facilities as defined in division (A)(5) of 6,268
section 152.09 of the Revised Code, including construction as 6,269
defined in division (H) of section 3383.01 of the Revised Code, 6,270
of the Ohio arts facilities designated in Section 21 of this act, 6,271
the owners or holders of which shall have no right to have 6,273
excises or taxes levied by the General Assembly for the payment 6,274
of principal of or interest thereon.
Section 23. All items set forth in this section are hereby 6,276
appropriated out of any moneys in the state treasury to the 6,277
credit of the Ohio Parks and Natural Resources Fund (Fund 031). 6,278
140
Revenues to the Ohio Parks and Natural Resources Fund shall 6,279
consist of proceeds of obligations authorized to pay costs of 6,280
capital projects as defined in section 1557.01 of the Revised 6,281
Code for the Department of Natural Resources. 6,282
Appropriations 6,283
6,284
DNR DEPARTMENT OF NATURAL RESOURCES STATEWIDE AND LOCAL PROJECTS 6,285
CAP-012 Land Acquisition $ 5,200,000 6,288
CAP-703 Cap Abandoned Water Wells $ 50,000 6,290
CAP-748 Local Parks Projects - Statewide $ 6,250,000 6,292
CAP-753 Project Planning $ 1,069,500 6,294
CAP-784 Inland Access $ 250,000 6,296
CAP-788 Community Recreation Projects $ 742,000 6,298
CAP-874 Lake Erie Access $ 1,000,000 6,300
CAP-875 Ohio River Access $ 500,000 6,302
CAP-881 Dam Rehabilitation $ 10,842,925 6,304
CAP-931 Wastewater/Water Systems Upgrades $ 5,750,000 6,306
CAP-934 Operations Facilities Development $ 500,000 6,308
CAP-999 Geographic Information Management 6,309
System $ 2,100,000 6,310
Total Statewide and Local Projects $ 34,254,425 6,312
6,314
DIVISION OF CIVILIAN CONSERVATION
CAP-835 Civilian Conservation Facilities $ 400,000 6,316
Total Division of Civilian Conservation $ 400,000 6,318
6,320
DIVISION OF FORESTRY
CAP-841 Operations and Maintenance Facility 6,322
Development and Renovation $ 900,000 6,324
Total Division of Forestry $ 900,000 6,326
6,328
DIVISION OF MINES AND RECLAMATION
CAP-867 Reclamation Facilities Renovation and 6,330
Development $ 250,000 6,331
141
Total Division of Mines and Reclamation $ 250,000 6,333
6,335
DIVISION OF NATURAL AREAS
CAP-826 Natural Areas and Preserves 6,337
Maintenance/Facility Development $ 450,000 6,338
Total Division of Natural Areas $ 450,000 6,340
6,342
DIVISION OF PARKS AND RECREATION
CAP-234 State Parks Campgrounds, Lodges and 6,344
Cabins $ 1,885,000 6,345
CAP-331 Park Boating Facilities $ 3,090,000 6,347
CAP-390 State Park Maintenance/Facility 6,348
Development $ 450,000 6,349
CAP-821 State Park Dredging and Shoreline 6,350
Protection $ 326,850 6,351
CAP-836 State Park Renovations/Upgrading $ 3,050,000 6,353
Total Division of Parks and Recreation $ 8,801,850 6,355
6,357
DIVISION OF SOIL AND WATER CONSERVATION
CAP-706 Statewide Nonpoint Source 6,359
Implementation Program $ 777,485 6,360
Total Division of Soil and Water Conservation $ 777,485 6,362
6,364
DIVISION OF WATER
CAP-705 Rehabilitate Canals, Hydraulic Works 6,366
and Support Facilities $ 2,000,000 6,367
CAP-819 Rehabilitate/Automate - Ohio Ground 6,368
Water Observation Well Network $ 250,000 6,370
CAP-820 Automated Stream, Lake and Ground 6,371
Water Data Collection $ 150,000 6,372
Total Division of Water $ 2,400,000 6,374
Total Department of Natural Resources $ 48,233,760 6,376
Total Ohio Parks and Natural Resources Fund $ 48,233,760 6,378
Section 23.01. Local Parks Projects - Statewide 6,381
142
The foregoing appropriation item CAP-748, Local Parks 6,383
Projects - Statewide, shall be used for grants for local parks 6,384
projects. Of the total amount appropriated, $250,000 represents 6,385
amounts that were previously appropriated and allocated to 6,386
counties pursuant to division (D) of section 1557.06 of the
Revised Code, and encumbered for local project grants. The 6,387
existing encumbrances for these local projects in the various 6,388
counties shall be canceled by the Director of Budget and 6,389
Management or the Director of Natural Resources. The Director of 6,390
Natural Resources shall allocate the $250,000 to the same 6,391
counties the moneys were originally allocated to, in the amount
of the canceled encumbrances. 6,392
Dam Rehabilitation 6,394
Of the foregoing appropriation item CAP-881, Dam 6,396
Rehabilitation, up to $5,000,000 shall be used to rehabilitate 6,397
the Muskingum River Locks and Dams and $1,250,000 shall be used 6,398
for improvements to Pleasant Run Creek Levy.
Community Recreation Projects 6,400
Of the foregoing appropriation item CAP-788, Community 6,402
Recreation Projects, $10,000 shall be used for Goodale Park 6,403
Improvements; $20,000 shall be used for Grove City Park 6,404
Improvements; $100,000 shall be used for Chagrin Falls Park;
$10,000 shall be used for West Fork Park; $10,000 shall be used 6,405
for Holmes County Park District; $18,000 shall be used for Mentor 6,406
Beach Park Improvements; $32,000 shall be used for Willowick Park 6,407
Improvements; $60,000 shall be used for Leighty Lake Restoration 6,408
Project; $300,000 shall be used for Firestone Park Improvements; 6,409
$50,000 shall be used for Dover City Parks; $50,000 shall be used
for New Philadelphia City Parks; and $82,000 shall be used for 6,410
Hamilton Township Park at Foster. 6,411
State Park Dredging and Shoreline Protection 6,413
Of the foregoing appropriation item CAP-821, State Park 6,415
Dredging and Shoreline Protection, $200,000 shall be used for 6,416
Muskingum Conservancy District - Charles Mill Lake Dredging and 6,417
143
$126,850 shall be used for Beaver Creek Erosion Control Project. 6,418
Section 24. The Commissioners of the Sinking Fund, upon 6,420
the request of the Director of Natural Resources, are hereby 6,421
authorized to issue and sell, in accordance with Section 2l of 6,422
Article VIII, Ohio Constitution, and Chapter 1557. of the Revised 6,423
Code, bonds or other obligations of the State of Ohio in an 6,424
aggregate amount not to exceed $48,000,000 of original issuance 6,425
obligations in addition to the original issuance of obligations 6,426
heretofore authorized by prior acts of the General Assembly. 6,427
The obligations shall be dated, issued, and sold from time to 6,429
time in such amounts as may be necessary to provide sufficient 6,430
moneys to the credit of the Ohio Parks and Natural Resources Fund 6,431
(Fund 031) created in section 1557.04 of the Revised Code to pay 6,432
costs charged to the fund when due as estimated by the Director 6,433
of Natural Resources, provided, however, that such obligations 6,434
shall be issued and sold at such time or times so that not more 6,435
than $50,000,000 original principal amount of obligations may be 6,436
issued in any fiscal year and not more than $200,000,000 original 6,437
principal amount of obligations issued pursuant to Section 2l of 6,438
Article VIII, Ohio Constitution and Chapter 1557. of the Revised 6,439
Code are outstanding at any one time. 6,440
Section 25. For the projects appropriated in Sections 23 6,442
and 23.01 of this act, the Ohio Department of Natural Resources 6,444
shall periodically prepare and submit to the Director of Budget 6,445
and Management the estimated design, planning, and engineering 6,446
costs of capital-related work to be done by the Department of
Natural Resources for each project. Based on the estimates, the 6,447
Director of Budget and Management may release appropriations from 6,448
the foregoing appropriation item CAP-753, Project Planning, to 6,449
pay for design, planning, and engineering costs incurred by the 6,450
Department of Natural Resources for such projects. Upon release 6,451
of the appropriations by the Director of Budget and Management, 6,452
the Department of Natural Resources shall pay for these expenses
from Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 6,453
144
using an intrastate voucher. 6,454
Section 26. All items set forth in this section are hereby 6,456
appropriated out of any moneys in the state treasury to the 6,457
credit of the School Building Program Assistance Fund (Fund 032) 6,459
created under section 3318.25 of the Revised Code, derived from
the proceeds of obligations heretofore and herein authorized to 6,460
pay the cost to the state of acquiring classroom facilities for 6,462
sale to school districts pursuant to sections 3318.01 to 3318.20
of the Revised Code. Appropriations 6,464
6,465
SFC SCHOOL FACILITIES COMMISSION
CAP-737 School Building Program Assistance $ 355,000,000 6,468
Total School Facilities Commission $ 355,000,000 6,470
Total School Building Program Assistance Fund $ 355,000,000 6,472
School Building Program Assistance 6,475
The foregoing appropriation item CAP-737, School Building 6,477
Program Assistance, shall be used by the School Facilities 6,478
Commission to provide funding to school districts that receive 6,479
conditional approval from the Commission pursuant to Chapter 6,480
3318. of the Revised Code.
Commitments by the School Facilities Commission 6,482
The School Facilities Commission shall not commit at least 6,484
$300 million of the combined amounts of the foregoing 6,485
appropriations items CAP-622, Public School Buildings (Fund 021), 6,486
and CAP-737, Public School Building Assistance (Fund 032), until 6,487
after June 30, 1999.
Section 27. The Treasurer of State is hereby authorized to 6,489
issue and sell, in accordance with the provisions of Section 2i 6,490
of Article VIII, Ohio Constitution, and section 3318.26 of the 6,491
Revised Code, original obligations in an aggregate principal 6,492
amount not to exceed $355,000,000 in addition to the original 6,493
issuance of obligations heretofore authorized by prior acts of
the General Assembly. These authorized obligations shall be used 6,494
to provide funds for the appropriations in Section 26 of this act 6,495
145
for the School Building Assistance Program Fund for the School 6,496
Facilities Commission to distribute in accordance with their 6,497
rules and guidelines pursuant to Chapter 3318. of the Revised 6,498
Code, the owners or holders of which shall have no right to have 6,499
excises or taxes levied by the General Assembly for the payment 6,500
of principal or interest thereon.
Section 28. All items set forth in Sections 28.01 to 28.03 6,502
are hereby appropriated out of any moneys in the state treasury 6,503
to the credit of the Mental Health Facilities Improvement Fund 6,504
(Fund 033) created by division (F) of section 154.20 of the 6,505
Revised Code, derived from the proceeds of obligations heretofore 6,506
and herein authorized, to pay costs of capital facilities as 6,507
defined in section 154.01 of the Revised Code, for mental hygiene 6,508
and retardation.
Appropriations 6,510
Section 28.01. ADA DEPARTMENT OF ALCOHOL AND DRUG 6,513
ADDICTION SERVICES 6,513
CAP-002 Community Assistance Projects $ 2,000,000 6,516
Total Department of Alcohol and Drug Addiction 6,517
Services $ 2,000,000 6,519
Section 28.02. DMH DEPARTMENT OF MENTAL HEALTH 6,522
CAP-092 Hazardous Materials Abatement $ 750,000 6,526
CAP-479 Community Assistance Projects $ 11,500,000 6,528
CAP-906 Campus Consolidation/Automation $ 2,500,000 6,530
CAP-946 Demolition $ 750,000 6,532
CAP-976 Life Safety/Critical Plant Renovations $ 1,128,000 6,534
CAP-977 Patient Care/Environment Improvements $ 21,362,215 6,536
CAP-978 Infrastructure Renovations $ 3,500,000 6,538
CAP-981 Emergency Improvements $ 1,000,000 6,540
Total Department of Mental Health $ 42,490,215 6,542
Section 28.03. DMR DEPARTMENT OF MENTAL RETARDATION AND 6,546
DEVELOPMENTAL DISABILITIES 6,546
Appropriations 6,548
CAP-480 Community Assistance Projects $ 13,840,000 6,551
146
CAP-955 Statewide Developmental Center 6,552
Improvements $ 1,682,396 6,553
CAP-956 Apple Creek Developmental Center 6,554
Improvements $ 600,000 6,555
CAP-957 Cambridge Developmental Center 6,556
Improvements $ 600,000 6,557
CAP-958 Columbus Developmental Center 6,558
Improvements $ 1,130,000 6,559
CAP-959 Gallipolis Developmental Center 6,560
Improvements $ 930,000 6,561
CAP-960 Montgomery Developmental Center 6,562
Improvements $ 790,000 6,563
CAP-962 Mt. Vernon Developmental Center 6,564
Improvements $ 950,000 6,565
CAP-963 Northwest Ohio Developmental Center 6,566
Improvements $ 1,225,000 6,567
CAP-964 Southwest Ohio Developmental Center 6,568
Improvements $ 780,000 6,569
CAP-965 Springview Developmental Center 6,570
Improvements $ 885,000 6,571
CAP-966 Tiffin Developmental Center 6,572
Improvements $ 550,000 6,573
CAP-967 Warrensville Developmental Center 6,574
Improvements $ 510,000 6,575
CAP-968 Youngstown Developmental Center 6,576
Improvements $ 800,000 6,577
Total Department of Mental Retardation 6,578
and Developmental Disabilities $ 25,272,396 6,580
Total Mental Health Facilities Improvement Fund $ 69,762,611 6,582
Community Assistance Projects 6,585
The foregoing appropriation item CAP-480, Community 6,587
Assistance Projects, may be used to provide community assistance 6,588
funds for the construction or renovation of facilities for day 6,589
programs or residential programs that provide services to persons 6,590
147
eligible for services from the Department of Mental Retardation 6,591
and Developmental Disabilities or county boards of mental 6,592
retardation and developmental disabilities. Any funds provided 6,593
to nonprofit agencies for the construction or renovation of 6,595
facilities for persons eligible for services from the Department 6,596
of Mental Retardation and Developmental Disabilities and county 6,597
boards of mental retardation and developmental disabilities shall 6,598
be governed by the prevailing wage provisions in section 176.05 6,599
of the Revised Code. Of the foregoing appropriation item 6,600
CAP-480, Community Assistance Projects, $90,000 shall be used for 6,601
the Whetstone School in Morrow County.
Section 28.04. The foregoing capital improvements for 6,603
which appropriations are made in Sections 28 and 28.01 to 28.03 6,604
of this act are determined to be capital improvements and capital 6,606
facilities for mental hygiene and retardation, and shall be
designated as the capital facilities to which proceeds of 6,607
obligations in the Mental Health Facilities Improvement Fund, 6,608
created by section 154.20 of the Revised Code, are to be applied. 6,609
The foregoing appropriations for the Department of Alcohol and 6,610
Drug Addiction Services, CAP-002, Community Assistance Projects;
Department of Mental Health, CAP-479, Community Assistance 6,611
Projects; and Department of Mental Retardation and Developmental 6,612
Disabilities, CAP-480, Community Assistance Projects, may be used 6,614
on facilities constructed or to be constructed pursuant to
Chapter 340., 3793., 5119., 5123., or 5126. of the Revised Code 6,615
or the authority granted by section 154.20 of the Revised Code 6,617
and the rules issued pursuant to those chapters and shall be 6,619
distributed by the Department of Alcohol and Drug Addiction 6,620
Services, the Department of Mental Health, and the Department of 6,621
Mental Retardation and Developmental Disabilities, subject to 6,622
Controlling Board approval. All other appropriations provided in
Sections 28.01 to 28.03 of this act are made to the Ohio Public 6,623
Facilities Commission for application to the purpose for which 6,624
appropriated through the exercise of its powers under Chapter 6,625
148
154. of the Revised Code, including, where appropriate, 6,626
provisions thereunder for the production of revenues and receipts 6,627
for bond service charges on such obligations.
Section 28.05. (A) No capital improvement appropriations 6,629
made in Sections 28.01 to 28.03 of this act shall be released for 6,630
planning or for improvement, renovation, or construction or 6,632
acquisition of capital facilities if a governmental agency, as
defined in section 154.01 of the Revised Code, does not own the 6,633
real property that constitutes the capital facilities or on which 6,634
the capital facilities are or will be located. This restriction 6,635
shall not apply in any of the following circumstances: 6,636
(1) The governmental agency has a long-term (at least 6,638
fifteen years) lease of, or other interest (such as an easement) 6,639
in, the real property.
(2) In the case of an appropriation for capital facilities 6,641
for mental hygiene and retardation which, because of their unique 6,642
nature or location, will be owned or be part of facilities owned 6,643
by a separate nonprofit organization and made available to the 6,644
governmental agency for its use or operated by the nonprofit 6,645
organization under contract with the governmental agency, the
nonprofit organization either owns or has a long-term (at least 6,646
fifteen years) lease of the real property or other capital 6,647
facility to be improved, renovated, constructed, or acquired and 6,648
has entered into a joint or cooperative use agreement, approved 6,649
by the Department of Mental Health, Department of Mental 6,650
Retardation and Developmental Disabilities, or Department of 6,651
Alcohol and Drug Addiction Services, whichever is applicable, 6,653
with the governmental agency for that agency's use of and right 6,654
to use the capital facilities to be financed and, if applicable, 6,655
improved, the value of such use or right to use being, as
determined by the parties, reasonably related to the amount of 6,656
the appropriation. 6,657
(B) In the case of capital facilities referred to in 6,659
division (A)(2) of this section, the joint or cooperative use 6,660
149
agreement shall include, as a minimum, provisions which: 6,661
(1) Specify the extent and nature of that joint or 6,663
cooperative use, extending for no fewer than fifteen years, with 6,664
the value of such use or right to use to be, as determined by the 6,665
parties and approved by the approving department, reasonably 6,666
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 6,668
the arrangement for joint or cooperative use by a governmental 6,669
agency be terminated;
(3) Provide that procedures to be followed during the 6,671
capital improvement process will comply with appropriate 6,672
applicable state laws and rules, including provisions of this 6,673
act.
Section 29. The Ohio Public Facilities Commission is 6,675
hereby authorized to issue and sell, in accordance with the 6,677
provisions of Section 2i of Article VIII, Ohio Constitution, and 6,678
Chapter 154. of the Revised Code, particularly section 154.20 of 6,679
the Revised Code, obligations in an aggregate principal amount
not to exceed $64,000,000 in addition to the original issuance of 6,680
obligations heretofore authorized by prior acts of the General 6,681
Assembly to pay costs of capital facilities for mental hygiene 6,682
and retardation, the owners or holders of which shall have no 6,683
right to have excises or taxes levied by the General Assembly for 6,684
the payment of principal or interest thereon.
Section 30. All items set forth in Sections 30.01 to 30.45 6,686
are hereby appropriated out of any moneys in the state treasury 6,687
to the credit of the Higher Education Improvement Fund (Fund 034) 6,688
created by division (F) of section 154.21 of the Revised Code, 6,689
derived from the proceeds of obligations heretofore and herein 6,690
authorized to pay the costs of capital facilities as defined in 6,691
section 154.01 of the Revised Code, for state-supported and
state-assisted institutions of higher education. 6,692
Appropriations 6,694
Section 30.01. OEB OHIO EDUCATIONAL 6,697
150
TELECOMMUNICATIONS NETWORK COMMISSION 6,697
CAP-001 Educational TV and Radio Equipment $ 3,618,681 6,700
Total Ohio Educational Telecommunications 6,701
Network Commission $ 3,618,681 6,703
Educational Television and Radio Equipment 6,706
The foregoing appropriation item CAP-001, Educational 6,708
Television and Radio Equipment, shall be used to provide 6,709
broadcasting, transmission, and production equipment to Ohio 6,710
public radio and television stations, radio reading services, and 6,711
the Ohio Educational Telecommunications Network Commission.
BOARD OF REGENTS AND STATE INSTITUTIONS OF HIGHER EDUCATION 6,713
Section 30.02. BOR BOARD OF REGENTS 6,715
CAP-025 Instructional and Data Processing 6,717
Equipment $ 33,000,000 6,718
CAP-029 Ohio Library and Information Network $ 6,535,000 6,720
CAP-030 Supercomputer Center Expansion $ 14,250,000 6,722
CAP-031 Ohio Aerospace Institute - Building 6,723
Improvements $ 300,000 6,724
CAP-032 Research Facility and Investment Loans 6,725
and Grants $ 20,000,000 6,726
CAP-033 Child Care Facilities - Matching 6,727
Grants $ 1,500,000 6,728
CAP-055 Book Depository - OSU $ 1,800,000 6,730
CAP-057 Book Depository - MUN $ 2,200,000 6,732
CAP-060 Technology Initiatives $ 10,000,000 6,734
CAP-061 Central State Rehabilitation $ 4,250,000 6,736
CAP-062 Non-Credit Job Training Facilities 6,737
Grants $ 6,300,000 6,738
CAP-063 Non-Profit Research Capital Support $ 8,000,000 6,740
Total Board of Regents $ 108,135,000 6,742
Section 30.03. Research Facility Investment Loans and 6,745
Grants
The foregoing appropriation item CAP-032, Research Facility 6,747
and Investment Loans and Grants, shall be used for a program of 6,748
151
grants or revolving loans, or both, to be administered by the 6,750
Board of Regents to provide timely availability of capital 6,751
facilities for research programs and research-oriented
instructional programs at or involving state-supported and 6,752
state-assisted institutions of higher education. 6,753
The Board of Regents shall develop rules in accordance with 6,755
Chapter 119. of the Revised Code relative to the application for 6,756
and approval of projects funded from appropriation item CAP-032, 6,757
Research Facility and Investment Loans and Grants. Such rules 6,758
shall be reviewed and approved by the Legislative Committee on 6,759
Education Oversight. The Board of Regents shall inform the
President of the Senate and the Speaker of the House of 6,761
Representatives of each project application for funding received. 6,762
Each project receiving a commitment for funding by the Board of 6,763
Regents under the rules shall be reported to the President of the
Senate and the Speaker of the House of Representatives. 6,764
Section 30.04. Child Care Facilities - Matching Grants 6,766
The foregoing appropriation item CAP-033, Child Care 6,768
Facilities - Matching Grants, shall be used by the Board of 6,769
Regents to make grants to state-supported or state-assisted 6,770
institutions of higher education for projects to expand, 6,771
construct, or renovate space for child care centers. All grants 6,772
shall be awarded on a 50 per cent match basis. In making grant
awards, the Board of Regents shall give priority to: 6,773
(A) Projects located at state-supported or state-assisted 6,776
institutions without child care facilities;
(B) Projects for which the principal clients are children 6,778
of students enrolled at the institution; and 6,779
(C) Projects where the facility will be used as a 6,782
classroom/training lab for child care/preschool certification
programs.
Section 30.05. Technology Initiatives 6,784
In order to determine a method for awarding grants from 6,786
this appropriation item, the Board of Regents shall form a 6,787
152
consultation group including, but not limited to, representatives 6,788
of state colleges and universities, the Office of Budget and 6,789
Management, the Legislative Budget Office of the Legislative
Service Commission, and the Legislative Office of Education 6,791
Oversight.
Section 30.06. Non-Profit Research Capital Support 6,793
There is hereby created the Non-Profit Research Capital 6,795
Support Task Force which shall consist of the Chancellor of the 6,796
Board of Regents, the Director of Development, and the Director 6,797
of the Governor's Science and Technology Advisory Board. If the 6,798
Governor's Science and Technology Advisory Board ceases to exist, 6,799
the Governor shall appoint a member to the Task Force. Members 6,800
may designate individuals to serve in their absence.
The foregoing appropriation item CAP-063, Non-Profit 6,802
Research Capital Support, shall be used for a program of grants 6,803
or loans to be administered by the Board of Regents for 6,804
partnerships between nonprofit research organizations and
state-supported and state-assisted institutions of higher 6,805
education for capital projects advancing science and technology 6,807
research in Ohio. Such loans and grants shall be awarded based 6,808
on a competitive selection process developed and conducted by the 6,809
Non-Profit Research Capital Support Task Force. The Task Force 6,810
may also develop other program guidelines necessary to the
successful implementation of the program including limits on the 6,811
size of grant awards.
Notwithstanding any provisions of law to the contrary, all 6,813
repayments of non-profit research capital support loans shall be 6,814
made to the Bond Service Account in the Higher Education Bond 6,815
Service Trust Fund. Partnership recipients of non-profit 6,816
research capital support loans shall make timely repayments 6,817
according to the schedule established by the Board of Regents.
Section 30.07. Reimbursements for Project Costs 6,819
Appropriations made in Sections 30.02 to 30.06 of this act 6,821
for purposes of costs of capital facilities for the interim 6,822
153
financing of which the particular institution has previously 6,823
issued its own obligations anticipating the possibility of future 6,824
state appropriations to pay all or a portion of such costs, as 6,825
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 6,826
agent for those outstanding obligations in the full principal 6,827
amount of those obligations then to be paid from the anticipated 6,828
appropriation, and shall be timely applied to the retirement of a 6,829
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 of this act 6,831
for purposes of costs of capital facilities, all or a portion of 6,832
which costs the particular institution has paid from the 6,833
institution's moneys that were temporarily available and which 6,834
payments were reasonably expected to be reimbursed from the 6,835
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 6,837
and shall be timely applied to the reimbursement of those 6,838
temporarily available moneys.
Appropriations 6,840
Section 30.08. UAK UNIVERSITY OF AKRON 6,842
CAP-008 Basic Renovations $ 3,427,925 6,845
CAP-049 Basic Renovations - Wayne $ 117,614 6,847
CAP-078 HVAC Replacement, Phase II - Wayne $ 350,000 6,849
CAP-079 Science and Technology Library 6,850
Addition Phase II $ 1,605,000 6,851
CAP-080 University of Akron/Medina Technology 6,852
Link $ 3,200,000 6,853
CAP-081 Classroom/Office Building - Arts & 6,854
Sciences $ 6,420,000 6,855
CAP-082 Polymer Engineering Building Annex $ 2,675,000 6,857
CAP-083 Facilities Enhancements - Wayne $ 325,000 6,859
CAP-084 Physical Education Center Planning $ 100,000 6,861
Total University of Akron $ 18,220,539 6,863
Section 30.09. BGU BOWLING GREEN STATE UNIVERSITY 6,866
154
CAP-009 Basic Renovations $ 3,247,773 6,869
CAP-054 University Hall Rehabilitation, Phase 6,870
III $ 4,148,000 6,871
CAP-060 Basic Renovations - Firelands $ 182,744 6,873
CAP-083 Central Heating Plant Replacement, 6,874
Phase II $ 1,594,920 6,875
CAP-100 Moseley Hall Rehabilitation $ 1,760,390 6,877
CAP-101 Psychology Building Rehabilitation and 6,878
Asbestos Abatement $ 2,010,000 6,879
CAP-102 Network Infrastructure, Phase I $ 4,500,000 6,881
CAP-103 University Community Center - 6,882
Firelands $ 2,056,440 6,883
Total Bowling Green State University $ 19,500,267 6,885
Section 30.10. CSU CENTRAL STATE UNIVERSITY 6,888
CAP-022 Basic Renovations $ 804,400 6,891
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 6,893
CAP-084 College of Education Facility - 6,894
Planning $ 1,000,000 6,895
Total Central State University $ 4,253,800 6,897
College of Education Facility - Planning 6,900
The foregoing appropriation item CAP-084, College of 6,902
Education Facility - Planning, shall not be released by the 6,903
Controlling Board or the Director of Budget and Management until 6,904
Central State University has satisfactorily completed a 6,905
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 6,906
completing the correction of its outstanding adjudication orders 6,907
as issued by the Department of Commerce. Such progress shall 6,908
include the development of a plan to comply with all remaining 6,909
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 6,910
State University's debt service obligation until fiscal year 6,911
2002.
Section 30.11. UCN UNIVERSITY OF CINCINNATI 6,913
155
CAP-009 Basic Renovations $ 6,594,550 6,916
CAP-018 Basic Renovations - Clermont $ 154,181 6,918
CAP-054 Raymond Walters Renovations $ 223,924 6,920
CAP-128 Science and Allied Health Building - 6,921
Phase II Walters $ 10,600,000 6,922
CAP-174 Classroom/Teaching Laboratory 6,923
Renovations $ 6,100,000 6,924
CAP-176 Network Expansion $ 2,000,000 6,926
CAP-177 Critical Building Component 6,927
Renovations $ 9,000,000 6,928
CAP-204 Center for Health Related Programs $ 5,500,000 6,930
CAP-205 Medical Science Building 6,931
Rehabilitation $ 6,000,000 6,932
CAP-206 One Stop Services Center $ 9,886,650 6,934
CAP-207 Central Campus Infrastructure $ 300,000 6,936
CAP-208 Security System Upgrade $ 300,000 6,938
CAP-209 Library Renovations $ 300,000 6,940
CAP-210 Cincinnati Observatory Center 6,941
Improvements $ 100,000 6,942
CAP-211 Cincinnati Symphony Facility 6,943
Improvements $ 600,000 6,944
Total University of Cincinnati $ 57,659,305 6,946
Section 30.12. CLS CLEVELAND STATE UNIVERSITY 6,949
CAP-017 Land Acquisition $ 1,769,670 6,952
CAP-023 Basic Renovations $ 3,166,002 6,954
CAP-067 17th-18th Street Block - College of 6,955
Urban Affairs $ 9,250,000 6,956
CAP-109 Classroom Upgrade $ 3,700,000 6,958
CAP-118 Structural Concrete Rehabilitation $ 2,000,000 6,960
Total Cleveland State University $ 19,885,672 6,962
Section 30.13. KSU KENT STATE UNIVERSITY 6,965
CAP-008 Severance Hall Renovations $ 6,500,000 6,968
CAP-022 Basic Renovations $ 3,415,331 6,970
CAP-105 Basic Renovations - East Liverpool $ 96,642 6,972
156
CAP-106 Basic Renovations - Geauga $ 48,079 6,974
CAP-107 Basic Renovations - Salem $ 97,125 6,976
CAP-108 Basic Renovations - Stark $ 287,087 6,978
CAP-110 Basic Renovations - Ashtabula $ 175,814 6,980
CAP-111 Basic Renovations - Trumbull $ 226,475 6,982
CAP-112 Basic Renovations - Tuscarawas $ 172,228 6,984
CAP-160 Patterson Building Renovation, Phase 6,985
II - East Liverpool $ 570,980 6,986
CAP-161 Addition to Cunningham Hall $ 8,075,000 6,988
CAP-177 Corporate Education and Conference 6,989
Center, Phase II - Stark $ 1,743,360 6,990
CAP-179 New Power Plant $ 9,569,310 6,992
CAP-196 Technology Improvements - Ashtabula $ 575,000 6,994
CAP-197 Technology Improvements - Geauga $ 60,000 6,996
CAP-198 Technology Improvements - Salem $ 288,310 6,998
CAP-199 Technology Improvements - Trumbull $ 175,000 7,000
CAP-200 Technology Improvements - Tuscarawas $ 75,000 7,002
Total Kent State University $ 32,150,741 7,004
Section 30.14. MUN MIAMI UNIVERSITY 7,007
CAP-018 Basic Renovations $ 3,485,145 7,010
CAP-066 Basic Renovations - Hamilton $ 199,222 7,012
CAP-069 Basic Renovations - Middletown $ 222,652 7,014
CAP-070 Chilled Water System - Phase VI $ 1,000,000 7,016
CAP-089 High-Voltage System Phase VI $ 1,000,000 7,018
CAP-098 Computer Network Installation - Phase 7,019
III $ 1,000,000 7,020
CAP-099 King Library Rehabilitation, Phase II $ 1,600,000 7,022
CAP-111 Roudebush Hall Rehabilitation, Phase 7,023
II $ 1,000,000 7,024
CAP-112 Chilled Water Loop Phase I - Hamilton $ 500,000 7,026
CAP-113 Special Academic/Administrative 7,027
Projects - Hamilton $ 469,540 7,028
CAP-114 Chilled Water Loop Phase I - 7,029
Middletown $ 750,000 7,030
157
CAP-115 Special Academic/Administrative 7,031
Projects - Middletown $ 818,330 7,032
CAP-116 Hughes Hall Rehabilitation - Phase II $ 4,800,000 7,034
CAP-117 North Campus Refrigeration/Chilled 7,035
Water Plant $ 2,800,000 7,036
CAP-123 Phillips Hall Rehabilitation $ 3,000,000 7,038
CAP-124 Bonham House 7,039
Rehabilitation/Multi-Cultural Center
Planning $ 1,200,000 7,040
CAP-125 Environmental Restoration Project $ 1,000,000 7,042
Total Miami University $ 24,844,889 7,044
Section 30.15. OSU OHIO STATE UNIVERSITY 7,047
CAP-074 Basic Renovations $ 15,455,642 7,050
CAP-149 Basic Renovations - Regional Campuses $ 983,419 7,052
CAP-255 Supplemental Renovations - OARDC $ 1,000,000 7,054
CAP-304 Conference Center - OARDC/ATI $ 500,000 7,056
CAP-306 Heart & Lung Institute $ 5,400,000 7,058
CAP-363 School of Architecture Facility $ 9,000,000 7,060
CAP-369 Natural Habitat Research Site 7,061
Improvements $ 2,200,000 7,062
CAP-425 Physical Sciences Building $ 20,000,000 7,064
CAP-427 Morrill Hall Renovation - Marion $ 408,000 7,066
CAP-430 Hagerty Hall Rehabilitation $ 18,500,000 7,068
CAP-431 Sisson Hall Replacement $ 17,600,000 7,070
CAP-484 Page Hall Planning $ 700,000 7,072
CAP-485 Botany and Zoology Building Planning $ 1,700,000 7,074
CAP-486 Larkins Hall Addition/Renovation 7,075
Planning $ 3,000,000 7,076
CAP-487 Robinson Laboratory Planning $ 1,000,000 7,078
CAP-488 Don Scott Field Replacement Barns $ 860,310 7,080
CAP-489 Galvin Hall Third Floor Renovation - 7,081
Lima $ 1,118,330 7,082
CAP-490 Founders Addition and Renovation - 7,083
Mansfield $ 850,000 7,084
158
CAP-491 Horticultural Operations Center - ATI $ 1,560,000 7,086
CAP-492 OARDC Feed Mill $ 5,500,000 7,088
CAP-493 Science and Technology Project $ 4,000,000 7,090
CAP-494 Nicklaus Center $ 1,500,000 7,092
Total Ohio State University $ 112,835,701 7,094
Natural Habitat Research Site Improvements 7,097
The foregoing appropriation item CAP-369, Natural Habitat 7,099
Research Site Improvements, shall be used for facilities that 7,100
provide educational opportunities, research, and activities for 7,101
the conservation of endangered and threatened wildlife. Such 7,102
facilities shall be operated by The Wilds, a not-for-profit 7,103
organization. The Wilds shall cooperate with the Ohio Department 7,104
of Natural Resources, Education, and Development and with Ohio
zoological institutions, colleges and universities, local school 7,105
districts, and appropriate biological interests to achieve the 7,106
above objectives.
Section 30.16. OHU OHIO UNIVERSITY 7,108
CAP-020 Basic Renovations $ 3,970,024 7,111
CAP-021 Conservancy District Access and 7,112
Improvements Assessment $ 750,000 7,113
CAP-095 Basic Renovations - Eastern $ 112,113 7,115
CAP-098 Basic Renovations - Lancaster $ 183,549 7,117
CAP-099 Basic Renovations - Zanesville $ 202,175 7,119
CAP-113 Basic Renovations - Chillicothe $ 178,496 7,121
CAP-114 Basic Renovations - Ironton $ 91,952 7,123
CAP-115 Bennett Hall HVAC and Lab Improvements 7,124
- Chillicothe $ 953,030 7,125
CAP-141 College of Health and Human Services 7,126
Renovation $ 12,000,000 7,127
CAP-142 Health Professions Labs - Phase I $ 8,550,000 7,129
CAP-144 Shannon Hall Laboratory 7,130
Rehabilitation, Phase I - Eastern $ 398,040 7,131
CAP-155 Brasee Hall Rehabilitation, Phase I - 7,132
Lancaster $ 516,760 7,133
159
CAP-160 Center for Public Policy $ 5,000,000 7,135
CAP-172 Elson Hall Rehabilitation, Phase I - 7,136
Zanesville $ 1,136,920 7,137
CAP-186 Ellis Hall Partial Renovation $ 400,280 7,139
CAP-187 Technology Center Planning - Ironton $ 509,760 7,141
CAP-188 Technology Center Construction - 7,142
Ironton $ 2,745,120 7,143
CAP-189 Conference Center Planning - Lancaster $ 600,000 7,145
Total Ohio University $ 38,298,219 7,147
Section 30.17. SSC SHAWNEE STATE UNIVERSITY 7,149
CAP-004 Basic Renovations $ 801,990 7,152
CAP-040 Chiller Replacement $ 836,500 7,154
CAP-041 Kricker Hall Renovation $ 765,000 7,156
CAP-042 Sidewalk/Plaza Replacement $ 150,000 7,158
Total Shawnee State University $ 2,553,490 7,160
Section 30.18. UTO UNIVERSITY OF TOLEDO 7,164
CAP-010 Basic Renovations $ 3,660,456 7,167
CAP-024 Gillham Hall Rehabilitation $ 3,200,000 7,169
CAP-076 Education and Allied Professions 7,170
Rehabilitation $ 3,300,000 7,171
CAP-083 Bowman-Oddy Rehabilitation, Phase II $ 1,300,000 7,173
CAP-085 Engineering - Biomedical Lab 7,174
Rehabilitation $ 800,000 7,175
CAP-086 Supplemental Academic Departments 7,176
Renovations $ 1,700,000 7,177
CAP-087 Arrowhead Park Facility $ 2,500,000 7,179
CAP-088 Stranahan Arboretum Addition $ 1,000,000 7,181
CAP-089 Chilled Water Plant $ 4,000,000 7,183
CAP-090 Wolfe Hall Addition $ 2,000,000 7,185
Total University of Toledo $ 23,460,456 7,187
Local Administration of Projects 7,190
Notwithstanding anything to the contrary in sections 9.33, 7,192
123.01, and 3345.50 and Chapter 153. of the Revised Code, the 7,193
University of Toledo may negotiate, enter into, and locally 7,194
160
administer a contract which combines the design and construction 7,195
elements of the project into a single contract for the Arrowhead
Park Facility, funded herein with an appropriation of $2,500,000, 7,196
and the Scott Park Athletic Facility project to be built with 7,197
local funds.
Section 30.19. WSU WRIGHT STATE UNIVERSITY 7,199
CAP-015 Basic Renovations $ 2,656,315 7,202
CAP-064 Basic Renovations - Lake $ 88,761 7,204
CAP-074 U.S. Air and Trade Show $ 1,000,000 7,206
CAP-075 Aviation Heritage National Historical 7,207
Park Improvements $ 5,050,000 7,208
CAP-092 Allyn Hall Rehabilitation $ 9,200,000 7,210
CAP-103 Millett Hall Rehabilitation $ 1,000,000 7,212
CAP-104 Road and Parking Lot Improvements $ 2,000,000 7,214
Total Wright State University $ 20,995,076 7,216
Section 30.20. YSU YOUNGSTOWN STATE UNIVERSITY 7,219
CAP-014 Basic Renovations $ 2,237,279 7,222
CAP-027 Property Acquisition/Street Closures $ 2,400,000 7,224
CAP-040 Bliss Hall Rehabilitation - Final 7,225
Phase $ 2,600,000 7,226
CAP-108 Electronic Campus 7,227
Infrastructure/Technology $ 3,700,000 7,228
CAP-109 Welcome Center - Dana Hall Addition $ 500,000 7,230
Total Youngstown State University $ 11,437,279 7,232
Section 30.21. MCO MEDICAL COLLEGE OF OHIO 7,235
CAP-010 Basic Renovations $ 1,130,777 7,238
CAP-048 Medical Informatics Data Highway $ 1,442,150 7,240
CAP-049 Center for Classrooms of the Future $ 4,000,000 7,242
Total Medical College of Ohio $ 6,572,927 7,244
Section 30.22. NEM NORTHEASTERN OHIO UNIVERSITIES 7,248
COLLEGE OF MEDICINE 7,248
CAP-018 Basic Renovations $ 323,492 7,251
CAP-037 Conference Center Rehabilitation and 7,252
Expansion $ 1,825,580 7,253
161
Total Northeastern Ohio Universities College 7,254
of Medicine $ 2,149,072 7,256
Section 30.23. CTC CINCINNATI STATE TECHNICAL 7,260
AND COMMUNITY COLLEGE 7,260
CAP-008 Interior Renovations $ 546,000 7,262
CAP-009 Exterior Rehabilitations $ 160,000 7,264
CAP-013 Basic Renovations $ 664,864 7,266
CAP-025 New Telephone Switch Systems $ 330,000 7,268
Total Cincinnati State Technical and 7,269
Community College $ 1,700,864 7,271
Section 30.24. CLT CLARK STATE COMMUNITY COLLEGE 7,273
CAP-006 Basic Renovations $ 411,947 7,276
Total Clark State Community College $ 411,947 7,278
Section 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 7,281
CAP-006 Basic Renovations $ 874,033 7,284
CAP-040 Building "D" Planning $ 1,500,000 7,286
CAP-041 Columbus College of Art and Design $ 100,000 7,288
Total Columbus State Community College $ 2,474,033 7,290
Section 30.26. CCC CUYAHOGA COMMUNITY COLLEGE 7,293
CAP-026 Playhouse Square $ 500,000 7,296
CAP-031 Basic Renovations $ 4,136,333 7,298
CAP-056 Main Building Addition - Eastern $ 1,206,064 7,300
CAP-064 Technology Learning Center - Western $ 2,205,500 7,302
CAP-066 Renovations to Create New Classrooms - 7,303
Western $ 360,000 7,304
CAP-067 Renovation of Plant Operations/Vehicle 7,305
Maintenance/Storage - Phase I $ 1,335,170 7,307
CAP-070 Implement Interior/Exterior Signage 7,308
Program $ 540,000 7,309
CAP-071 Renovations to East One Building $ 892,500 7,311
Total Cuyahoga Community College $ 11,175,567 7,313
The foregoing appropriation item CAP-026, Playhouse Square, 7,316
shall be provided to Cuyahoga Community College for its prompt 7,317
use in paying expenditures previously incurred by Playhouse 7,318
162
Square Foundation, consistent with legal requirements then 7,319
applicable to Foundation contracts, for the designated project. 7,320
Section 30.27. ESC EDISON STATE COMMUNITY COLLEGE 7,322
CAP-006 Basic Renovations $ 217,490 7,325
CAP-018 Master Plan Update $ 50,000 7,327
Total Edison State Community College $ 267,490 7,329
Section 30.28. JTC JEFFERSON COMMUNITY COLLEGE 7,332
CAP-022 Basic Renovations $ 178,852 7,335
CAP-037 Electrical System Evaluation and 7,336
Renovation $ 382,820 7,337
CAP-038 Library Interior Renovation $ 259,020 7,339
CAP-039 Lecture Hall Interior Renovation $ 175,325 7,341
Total Jefferson Community College $ 996,017 7,343
Section 30.29. LCC LAKELAND COMMUNITY COLLEGE 7,346
CAP-006 Basic Renovations $ 681,493 7,349
CAP-028 Athletic, Fitness, Teaching 7,350
Center/Family Center Expansion $ 3,165,340 7,351
Total Lakeland Community College $ 3,846,833 7,353
Section 30.30. LOR LORAIN COMMUNITY COLLEGE 7,356
CAP-005 Basic Renovations $ 822,782 7,359
CAP-037 Center for Leadership in Education $ 100,000 7,361
Total Lorain Community College $ 922,782 7,363
Section 30.31. NTC NORTHWEST STATE COMMUNITY COLLEGE 7,366
CAP-003 Basic Renovations $ 143,363 7,369
Total Northwest State Community College $ 143,363 7,371
Section 30.32. OTC OWENS COMMUNITY COLLEGE 7,374
CAP-019 Basic Renovations $ 833,701 7,377
CAP-032 Student Health and Activities Center $ 7,494,520 7,379
Total Owens Community College $ 8,328,221 7,381
Section 30.33. RGC RIO GRANDE COMMUNITY COLLEGE 7,384
CAP-005 Basic Renovations $ 251,640 7,387
CAP-017 Entrance Road Construction $ 636,000 7,389
CAP-018 Pomeroy Building Renovation $ 50,000 7,391
Total Rio Grande Community College $ 937,640 7,393
163
Section 30.34. SCC SINCLAIR COMMUNITY COLLEGE 7,396
CAP-007 Basic Renovations $ 1,637,021 7,399
CAP-044 Demolish Building 18 $ 555,000 7,401
Total Sinclair Community College $ 2,192,021 7,403
Section 30.35. SOC SOUTHERN STATE COMMUNITY COLLEGE 7,406
CAP-010 Basic Renovations $ 216,687 7,409
Total Southern State Community College $ 216,687 7,411
Section 30.36. TTC TERRA STATE COMMUNITY COLLEGE 7,414
CAP-009 Basic Renovations $ 335,437 7,417
CAP-016 Capital Equipment $ 15,949 7,419
Total Terra State Community College $ 351,386 7,421
Section 30.37. WTC WASHINGTON STATE COMMUNITY COLLEGE 7,424
CAP-006 Basic Renovations $ 203,731 7,427
Total Washington State Community College $ 203,731 7,429
Section 30.38. BTC BELMONT TECHNICAL COLLEGE 7,432
CAP-008 Basic Renovations $ 184,326 7,435
Total Belmont Technical College $ 184,326 7,437
Section 30.39. COT CENTRAL OHIO TECHNICAL COLLEGE 7,440
CAP-003 Basic Renovations $ 201,646 7,443
Total Central Ohio Technical College $ 201,646 7,445
Section 30.40. HTC HOCKING TECHNICAL COLLEGE 7,448
CAP-019 Basic Renovations $ 409,713 7,451
CAP-034 Student Center - Phase I $ 2,924,325 7,453
Total Hocking Technical College $ 3,334,038 7,455
Section 30.41. LTC LIMA TECHNICAL COLLEGE 7,458
CAP-004 Basic Renovations $ 214,513 7,461
CAP-013 Child Care Facility $ 900,000 7,463
Total Lima Technical College $ 1,114,513 7,465
Section 30.42. MTC MARION TECHNICAL COLLEGE 7,468
CAP-004 Basic Renovations $ 113,316 7,471
CAP-009 Technical Education Center Renovation $ 52,700 7,473
Total Marion Technical College $ 166,016 7,475
Section 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 7,478
CAP-007 Basic Renovations $ 203,491 7,481
164
Total Muskingum Area Technical College $ 203,491 7,483
Section 30.44. NCC NORTH CENTRAL TECHNICAL COLLEGE 7,486
CAP-003 Basic Renovations $ 352,121 7,489
CAP-018 Fallerius Center Rehabilitation $ 750,000 7,491
Total North Central Technical College $ 1,102,121 7,493
Section 30.45. STC STARK TECHNICAL COLLEGE 7,496
CAP-004 Basic Renovations $ 368,764 7,499
CAP-024 Phase 2 Renovations $ 1,253,252 7,501
CAP-025 Timken Regional Campus Technology 7,502
Project $ 2,500,000 7,503
Total Stark Technical College $ 4,122,016 7,505
Total Board of Regents and 7,506
State Institutions of Higher Education $ 547,549,182 7,508
Total Higher Education Improvement Fund $ 551,167,863 7,510
Section 31. Debt Service Formula Allocation 7,513
Based on the foregoing appropriations in Sections 30 and 7,515
30.01 to 30.45 of this act, from Fund 034, Higher Education 7,517
Improvement Fund, the following higher education institutions 7,518
shall be responsible for the specified amounts as part of the
debt service component of the instructional subsidy beginning in 7,520
fiscal year 2000:
Institution Amount 7,522
University of Akron $10,800,000 7,523
University of Akron - Wayne $ 675,000 7,524
Bowling Green State University $14,013,310 7,525
Bowling Green State University - Firelands $ 2,056,440 7,526
Central State University $ 2,449,400 7,527
University of Cincinnati $39,386,650 7,528
University of Cincinnati - Walters $ 3,445,212 7,529
Cleveland State University $16,719,670 7,530
Kent State University $17,644,310 7,531
Kent State University - Ashtabula $ 575,000 7,532
Kent State University - East Liverpool $ 570,980 7,533
Kent State University - Geauga $ 60,000 7,534
165
Kent State University - Salem $ 288,310 7,535
Kent State University - Stark $ 1,743,360 7,536
Kent State University - Trumbull $ 175,000 7,537
Kent State University - Tuscarawas $ 75,000 7,538
Miami University $18,400,000 7,539
Miami University - Hamilton $ 969,540 7,540
Miami University - Middletown $ 1,568,330 7,541
Ohio State University $80,760,310 7,542
Ohio State University - Lima $ 2,152,620 7,543
Ohio State University - Mansfield $ 850,000 7,544
Ohio State University - Marion $ 408,000 7,545
Ohio State University - ATI $ 1,560,000 7,546
Ohio University $26,700,280 7,547
Ohio University - Eastern $ 398,040 7,548
Ohio University - Chillicothe $ 953,030 7,549
Ohio University - Lancaster $ 1,116,760 7,550
Ohio University - Zanesville $ 1,136,920 7,551
Shawnee State University $ 1,751,500 7,552
University of Toledo $19,800,000 7,553
Wright State University $11,300,000 7,554
Youngstown State University $ 9,200,000 7,555
Medical College of Ohio $ 5,442,150 7,556
Northeastern Ohio Universities College of Medicine $ 1,825,580 7,557
Cincinnati State Technical and Community College $ 1,036,000 7,558
Columbus State Community College $ 1,500,000 7,559
Cuyahoga Community College $ 8,594,077 7,560
Edison State Community College $ 50,000 7,561
Jefferson Community College $ 817,165 7,562
Lakeland Community College $ 3,165,340 7,563
Lorain Community College $ 100,000 7,564
Owens Community College $ 3,747,260 7,565
Rio Grande Community College $ 636,000 7,566
Hocking Technical College $ 2,924,325 7,567
Lima Technical College $ 900,000 7,568
166
Marion Technical College $ 52,700 7,569
North Central Technical College $ 900,000 7,570
Stark Technical College $ 1,253,252 7,571
Institutions not listed above shall not have a debt service 7,574
obligation as a result of these appropriations. 7,575
Within sixty days after the effective date of this section, 7,577
any institution of higher education may notify the Board of 7,578
Regents of its intention not to proceed with any project 7,579
appropriated in this act. Upon receiving such notification, the 7,580
Board of Regents may release the institution from its debt
service obligation for the specific project. 7,581
Section 32. For all of the foregoing appropriation items 7,583
from the Higher Education Improvement Fund (Fund 034) that 7,584
require local funds to be contributed by any state-supported or 7,585
state-assisted institution of higher education, the Ohio Board of 7,586
Regents shall not recommend that any funds be released until the 7,587
recipient institution demonstrates to the Board of Regents and 7,588
the Office of Budget and Management that the local funds
contribution requirement has been secured or satisfied. The 7,589
local funds shall be in addition to the foregoing appropriations. 7,590
Section 33. The foregoing capital improvements for which 7,592
appropriations are made from the Higher Education Improvement 7,593
Fund (Fund 034) are determined to be capital improvements and 7,594
capital facilities for state-supported or state-assisted 7,595
institutions of higher education, and are designated as the
capital facilities to which proceeds of obligations in the Higher 7,596
Education Improvement Fund, created by section 154.21 of the 7,597
Revised Code, are to be applied. All such appropriations are 7,598
made to the Ohio Public Facilities Commission for application to 7,599
the purposes for which appropriated through the exercise of its 7,600
powers under Chapter 154. of the Revised Code, including where
appropriate, provisions thereunder for production of revenues and 7,601
receipts for bond service charges on such obligations. 7,602
Section 34. The Ohio Public Facilities Commission is 7,604
167
hereby authorized to issue and sell, in accordance with the 7,606
provisions of Section 2i of Article VIII, Ohio Constitution, and 7,607
Chapter 154. of the Revised Code, particularly section 154.21 of 7,608
the Revised Code, original obligations in an aggregate principal
amount not to exceed $553,700,000 in addition to the original 7,610
issuance of obligations heretofore authorized by prior acts of 7,611
the General Assembly to pay costs of capital facilities for 7,612
state-supported and state-assisted institutions of higher 7,613
education, the owners or holders of which shall have no right to 7,614
have excises or taxes levied by the General Assembly for the
payment of principal thereof or interest thereon. 7,615
Section 35. None of the foregoing capital improvements 7,617
appropriations for state-supported or state-assisted institutions 7,618
of higher education shall be expended until the particular 7,619
appropriation has been recommended for release by the Ohio Board 7,620
of Regents and released by the Director of Budget and Management 7,621
or the Controlling Board. Either the institution concerned, or 7,622
the Ohio Board of Regents with the concurrence of the institution 7,623
concerned, may initiate the request to the Director of Budget and 7,624
Management or the Controlling Board for the release of the 7,625
particular appropriations.
(A) None of the foregoing capital improvement 7,627
appropriations shall be released for planning or for renovation 7,629
or construction or acquisition of capital facilities if the 7,630
institution of higher education or the state does not own the 7,631
real property on which the capital facilities are or will be
located. This restriction does not apply in any of the following 7,632
circumstances:
(1) The institution has a long-term (at least fifteen 7,634
years) lease of, or other interest (such as an easement) in, the 7,635
real property;
(2) The Ohio Board of Regents certifies to the Controlling 7,637
Board that undue delay will occur if planning does not proceed 7,638
while the property or property interest acquisition process 7,639
168
continues. In this case, funds may be released upon approval of 7,640
the Controlling Board to pay for planning through the development 7,641
of schematic drawings only.
(3) In the case of an appropriation for capital facilities 7,643
for a state-supported or state-assisted institution of higher 7,644
education that, because of their unique nature or location, will 7,645
be owned or will be part of facilities owned by a separate 7,646
nonprofit organization or public body and made available to the 7,647
institution of higher education for its use, the nonprofit
organization or public body either owns or has a long-term (at 7,648
least fifteen years) lease of the real property or other capital 7,649
facility to be improved, renovated, constructed, or acquired and 7,650
has entered into a joint or cooperative use agreement, approved 7,651
by the Ohio Board of Regents, with the institution of higher 7,652
education for that institution's use of and right to use the 7,653
capital facilities being financed and, if applicable, improved,
the value of which use or right to use being, as determined by 7,654
the parties, reasonably related to the amount of the 7,655
appropriation.
(B) Any foregoing appropriations which require cooperation 7,657
between a technical college and a branch campus of a university 7,658
may be released by the Controlling Board upon recommendation by 7,659
the Ohio Board of Regents that the facilities proposed by the 7,660
institutions are:
(1) The result of a joint planning effort by the 7,662
university and the technical college, satisfactory to the Ohio 7,663
Board of Regents;
(2) Facilities that will meet the needs of the region in 7,665
terms of technical and general education, taking into 7,666
consideration the totality of facilities which will be available 7,667
after the completion of these projects;
(3) Planned to permit maximum joint use by the university 7,669
and technical college of the totality of facilities which will be 7,670
available after completion of these projects; 7,671
169
(4) To be located on or adjacent to the branch campus of 7,673
the university.
(C) The Ohio Board of Regents shall adopt rules regarding 7,675
the release of moneys from all the foregoing appropriations for 7,676
capital facilities for all state-supported or state-assisted 7,677
institutions of higher education. Such rules for the release of 7,679
moneys for capital facilities that, because of their unique 7,680
nature or location, will be owned or will be part of facilities
owned by a separate nonprofit organization or public body and 7,681
made available to the institution of higher education for its use 7,682
shall include, as a minimum, provisions that: 7,683
(1) Provide for a joint or cooperative use agreement, 7,685
specifying the extent and nature of that use, extending for no 7,686
fewer than fifteen years, to be approved by the Ohio Board of 7,687
Regents; the value of such use or right to use shall be, as 7,688
determined by the parties, reasonably related to the amount of
the appropriation; 7,689
(2) Provide for pro rata reimbursement to the state should 7,691
the arrangement for joint or cooperative use be terminated; 7,692
(3) Provide that procedures to be followed during the 7,694
capital improvement process will comply with appropriate 7,695
applicable state laws and rules, including provisions of this 7,696
act;
(4) Provide for payment or reimbursement to the 7,698
institution of its administrative costs incurred as a result of 7,699
the facilities project, which will be limited to actual direct 7,700
administrative costs incurred as a result of the facilities 7,701
project, as approved by the Office of Budget and Management, but 7,702
in any case not exceeding 1.5 per cent of the appropriated
amount. 7,703
(D) Upon the recommendation of the Ohio Board of Regents, 7,705
the Controlling Board may approve the transfer of appropriations 7,706
for projects requiring cooperation between institutions from one 7,707
institution to another institution with the approval of both 7,708
170
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, 7,710
the Controlling Board, upon the recommendation of the Ohio Board 7,711
of Regents, may transfer amounts appropriated to the Ohio Board 7,712
of Regents to accounts of state-supported or state-assisted 7,713
institutions created for that same purpose.
Section 36. The requirements of Chapters 123. and 153. of 7,715
the Revised Code, with respect to the powers and duties of the 7,717
Director of Administrative Services, and the requirements of 7,718
section 127.16 of the Revised Code, with respect to the
Controlling Board, shall not apply to projects of community 7,719
college districts and technical college districts. 7,720
Section 37. Those institutions locally administering 7,722
capital improvement projects pursuant to section 3345.50 of the 7,723
Revised Code may establish charges for recovering costs directly 7,724
related to project administration as defined by the Director of 7,725
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges 7,726
when such charges are in excess of 1.5 per cent of the total 7,727
construction budget.
Section 38. For those institutions that locally administer 7,729
capital improvement projects pursuant to sections 3345.50 and 7,730
3345.51 of the Revised Code, reimbursement may be made from state 7,731
capital appropriations to the institution for the in-house design 7,732
services performed by the institution for locally administered 7,733
capital projects. Acceptable charges shall be limited to design 7,734
document preparation work that is done by the institution. These
reimburseable design costs shall be shown as "A/E fees" within 7,735
the project's budget that is submitted to the Controlling Board 7,736
or the Director of Budget and Management as part of a request for 7,737
release of funds. The reimbursement for in-house design shall 7,738
not exceed seven per cent of the estimated construction cost. 7,739
Section 39. All items set forth in this section are hereby 7,741
appropriated out of any moneys in the state treasury to the 7,742
171
credit of the Parks and Recreation Improvement Fund (Fund 035) 7,743
created by division (F) of section 154.22 of the Revised Code, 7,744
derived from the proceeds of obligations heretofore and herein
authorized, to pay costs of capital facilities, as defined in 7,745
section 154.01 of the Revised Code, for parks and recreation. 7,746
Appropriations 7,748
7,750
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 Land Acquisition $ 500,000 7,753
CAP-234 State Parks Campgrounds, Lodges, and 7,754
Cabins $ 2,835,000 7,755
CAP-331 Park Boating Facilities $ 1,090,000 7,757
CAP-390 State Park Maintenance Facility 7,758
Development $ 500,000 7,759
CAP-718 Grand Lake St. Mary's State Park $ 500,000 7,761
CAP-748 Local Parks Projects $ 2,000,000 7,763
CAP-787 Scioto Riverfront Improvements $ 12,000,000 7,765
CAP-789 Great Miami Riverfront Improvements $ 2,500,000 7,767
CAP-821 State Park Dredging and Shoreline 7,768
Protection $ 1,350,000 7,769
CAP-874 Statewide Trails Program $ 2,500,000 7,771
CAP-928 Handicapped Accessibility $ 250,000 7,773
CAP-931 Wastewater/Water Systems Upgrade $ 2,000,000 7,775
Total Department of Natural Resources $ 28,025,000 7,777
Total Parks and Recreation Improvement Fund $ 28,025,000 7,779
Statewide Trails 7,782
Of the foregoing appropriation item CAP-874, Statewide 7,784
Trails Program, up to $2,500,000 shall be used for trail 7,785
renovations at Hocking Hills State Park.
Local Parks Projects 7,787
The foregoing appropriation item CAP-748, Local Parks 7,789
Projects, shall be used for Fallen Timbers Battlefield 7,790
Improvements.
Federal Reimbursement 7,792
172
All reimbursements received from the federal government for 7,794
any expenditures made pursuant to this section shall be deposited 7,795
in the state treasury to the credit of the Parks and Recreation 7,796
Improvement Fund (Fund 035).
Section 40. The foregoing capital improvements for which 7,798
appropriations are made from the Parks and Recreation Improvement 7,799
Fund (Fund 035) are determined to be capital improvements and 7,800
capital facilities for parks and recreation and shall be 7,801
designated as the capital facilities to which proceeds of
obligations in the Parks and Recreation Improvement Fund, created 7,802
by section 154.22 of the Revised Code, are to be applied. All 7,803
such appropriations provided in Section 39 of this act are made 7,804
to the Ohio Public Facilities Commission for application to the 7,806
purposes for which appropriated through the exercise of its
powers under Chapter 154. of the Revised Code including, when 7,807
appropriate, provision thereunder for the production of revenues 7,808
and receipts for bond service charges on such obligations and, in 7,809
addition thereto, participation in such capital facilities by 7,810
grants or contributions to 501(c)(3) corporations for such 7,811
facilities.
Section 41. The Ohio Public Facilities Commission is 7,813
hereby authorized to issue and sell, in accordance with the 7,815
provisions of Section 2i of Article VIII, Ohio Constitution, and 7,816
Chapter 154. of the Revised Code, particularly section 154.22 of 7,817
the Revised Code, original obligations in an aggregate principal
amount not to exceed $31,100,000 in addition to the original 7,818
issuance of obligations heretofore authorized by prior acts of 7,819
the General Assembly to pay costs of capital facilities for parks 7,820
and recreation, the owners or holders of which obligations shall 7,821
have no right to have excises or taxes levied by the General 7,822
Assembly for the payment of principal thereof or interest
thereon.
Section 42. (A) No capital improvement appropriations 7,824
made in Section 39 of this act shall be released for planning or 7,825
173
for improvement, renovation, or construction or acquisition of 7,827
capital facilities if a governmental agency, as defined in
section 154.01 of the Revised Code, does not own the real 7,828
property that constitutes the capital facilities or on which the 7,829
capital facilities are or will be located. This restriction does 7,830
not apply in any of the following circumstances: 7,831
(1) The governmental agency has a long-term (at least 7,833
fifteen years) lease of, or other interest (such as an easement) 7,834
in, the real property;
(2) In the case of an appropriation for capital facilities 7,836
for parks and recreation that, because of their unique nature or 7,837
location, will be owned or be part of facilities owned by a 7,838
separate nonprofit organization and made available to the 7,839
governmental agency for its use or operated by the nonprofit
organization under contract with the governmental agency, the 7,840
nonprofit organization either owns or has a long-term (at least 7,841
fifteen years) lease of the real property or other capital 7,842
facility to be improved, renovated, constructed, or acquired and 7,843
has entered into a joint or cooperative use agreement, approved 7,844
by the Department of Natural Resources, with the governmental 7,845
agency for that agency's use of and right to use the capital
facilities to be financed and, if applicable, improved, the value 7,846
of such use or right to use being, as determined by the parties, 7,847
reasonably related to the amount of the appropriation. 7,848
(B) In the case of capital facilities referred to in 7,850
division (A)(2) of this section, the joint or cooperative use 7,851
agreement shall include, as a minimum, provisions that: 7,852
(1) Specify the extent and nature of that joint or 7,854
cooperative use, extending for no fewer than fifteen years, with 7,855
the value of such use or right to use to be, as determined by the 7,856
parties and approved by the approving department, reasonably 7,857
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 7,859
the arrangement for joint or cooperative use by a governmental 7,860
174
agency be terminated; and
(3) Provide that procedures to be followed during the 7,862
capital improvement process will comply with appropriate 7,863
applicable state laws and rules, including provisions of this 7,864
act.
Section 43. Coal Research and Development Bonds 7,866
The Commissioners of the Sinking Fund, upon the request of 7,868
the Director of the Ohio Coal Development Office with the advice 7,869
of the Technical Advisory Committee created in section 1551.35 of 7,870
the Revised Code and the approval of the Director of Development, 7,871
are hereby authorized to issue and sell, in accordance with 7,872
Section 15 of Article VIII, Ohio Constitution, and section 7,873
1555.08 of the Revised Code, bonds or other obligations of the 7,874
State of Ohio heretofore authorized by prior acts of the General 7,875
Assembly. The obligations shall be dated, issued, and sold from 7,876
time to time in such amounts as may be necessary to provide 7,877
sufficient moneys to the credit of the Coal Research and 7,878
Development Fund created in section 1555.15 of the Revised Code 7,879
to pay costs charged to such fund when due as estimated by the 7,880
Director of the Ohio Coal Development Office. 7,881
Section 44. State Capital Improvements Fund 7,883
The Treasurer of State is hereby authorized pursuant to 7,885
section 164.09 of the Revised Code to issue and sell, in 7,886
accordance with Section 2m of Article VIII, Ohio Constitution, 7,887
and sections 164.01 to 164.12 of the Revised Code, original 7,888
obligations of the State of Ohio, heretofore authorized by prior 7,889
acts of the General Assembly. These authorized obligations shall 7,890
be issued and sold from time to time and in amounts necessary to 7,891
assure sufficient moneys to the credit of the State Capital
Improvements Fund (Fund 038) to pay costs charged to that fund, 7,892
as estimated by the Director of Budget and Management. 7,893
Section 45. Each request for release of appropriations for 7,895
any and all capital improvements and capital facilities for which 7,896
appropriations are made in this act from the proceeds of 7,897
175
obligations in the Sports Facilities Building Fund (Fund 024), 7,898
the Administrative Building Fund (Fund 026), the Adult 7,899
Correctional Building Fund (Fund 027), the Juvenile Correctional 7,900
Building Fund (Fund 028), the Arts Facilities Building Fund (Fund 7,901
030), the Natural Resources Projects Fund (Fund 031), the School 7,902
Building Program Assistance Fund (Fund 032), the Mental Health 7,903
Facilities Improvement Fund (Fund 033), the Higher Education
Improvement Fund (Fund 034), and the Parks and Recreation 7,904
Improvements Fund (Fund 035) shall have the certification of the 7,906
Director of Budget and Management that sufficient General Revenue 7,907
Fund moneys are appropriated for and will be available for rental 7,908
payments to the Ohio Public Facilities Commission, the Treasurer 7,909
of State, and the Ohio Building Authority in the then-current 7,911
fiscal biennium relating to obligations or portions of 7,912
obligations issued or to be issued in that fiscal biennium to
fund, in the then-current fiscal biennium, anticipated 7,913
expenditures from these funds associated with the request. This 7,914
requirement is in addition to other requirements under this act 7,915
and the Revised Code. 7,916
Section 46. Certification of Availability of Moneys 7,918
No moneys that require release shall be expended from any 7,920
appropriation contained in this act without certification of the 7,922
Director of Budget and Management that there are sufficient 7,923
moneys in the state treasury in the fund from which the
appropriation is made. Such certification made by the Office of 7,924
Budget and Management shall be based on estimates of revenue, 7,925
receipts, and expenses. Nothing herein shall be construed as a 7,926
limitation on the authority of the Director of Budget and 7,927
Management as granted in section 126.08 of the Revised Code. 7,928
Section 47. The appropriations made in this act for 7,931
buildings or structures, including remodeling and renovations,
are limited to: 7,932
(A) Acquisition of real property; 7,934
(B) Buildings and structures, which includes construction, 7,936
176
demolition, complete heating, lighting, and lighting fixtures, 7,937
and all necessary utilities, ventilating, plumbing, sprinkling, 7,938
and sewer systems, when such systems are authorized or necessary; 7,939
(C) Architectural, engineering, and professional services 7,941
expenses directly related to the projects; 7,942
(D) Machinery that is a part of structures at the time of 7,944
initial acquisition or construction; 7,945
(E) Equipment that meets all the following criteria: 7,947
(1) The equipment is essential in bringing the facility up 7,949
to its intended use. 7,950
(2) The unit cost of the equipment, and not the individual 7,952
parts of a unit, is about $100 or more. 7,953
(3) The equipment has a useful life of five years or more. 7,955
(4) The equipment is necessary for the functioning of a 7,957
particular facility. 7,958
(5) The equipment will be used primarily in the rooms or 7,960
areas covered in the project. 7,961
Equipment, such as motor vehicles, adding machines, 7,963
calculators, dictating machines, computers and computer 7,964
peripherals, typewriters, word processors, or other such items, 7,965
including items used for normal supplies and maintenance, shall 7,966
not be purchased unless it is an integral part of, or directly
related to, the basic purpose or function of a project for which 7,967
moneys are appropriated and meets all the criteria of division 7,968
(E) of this section.
Section 48. Any request for release of capital 7,970
appropriations by the Director of Budget and Management or the 7,971
Controlling Board of capital appropriations for projects, the 7,972
contracts for which are awarded by the Department of 7,973
Administrative Services, as authorized by law, shall contain a 7,974
contingency reserve, the amount of which is to be determined by 7,975
the Department of Administrative Services, for payment of
unanticipated project expenses. Any amount deducted from the 7,976
encumbrance for a contractor's contract as an assessment for 7,977
177
liquidated damages shall be added to the encumbrance for the 7,978
contingency reserve. Contingency reserve funds shall be used to 7,979
pay costs resulting from unanticipated job conditions, to comply 7,980
with rulings regarding building and other codes, to pay costs 7,981
related to errors or omissions in contract documents, and to pay 7,982
the cost of settlements and judgments related to the project. 7,983
Upon completion of a project, should any funds remain, such 7,985
remaining funds may, upon approval of the Controlling Board, be 7,986
released for the use of the institution to which the 7,987
appropriation was made for another capital facilities project or 7,988
projects. 7,989
Section 49. Agency Administration of Capital Facilities 7,991
Projects
Notwithstanding sections 123.01 and 123.15 of the Revised 7,994
Code, the Director of Administrative Services may authorize the
Departments of Mental Health, Mental Retardation and 7,995
Developmental Disabilities, Alcohol and Drug Addiction Services, 7,996
Agriculture, Rehabilitation and Correction, Youth Services, 7,997
Public Safety, Transportation, the Bureau of Employment Services, 7,999
and the Rehabilitation Services Commission to administer any 8,000
capital facilities projects when the estimated cost, including
design fees, construction, equipment, and contingency amounts, is 8,001
less than $1,500,000. Within sixty days after the effective date 8,002
of the section of the act in which the General Assembly initially 8,004
makes an appropriation for the project, the director of the 8,005
respective state agency shall notify the Department of
Administrative Services in writing of its intent to administer a 8,006
project. 8,007
The director of the respective state agency choosing to 8,009
administer a capital facilities project pursuant to this section 8,010
shall comply with the procedures and guidelines established in 8,011
Chapter 153. of the Revised Code. Upon the approval of the 8,013
release of funds by the Controlling Board or the Director of
Budget and Management, these agencies may administer capital 8,015
178
projects under their jurisdiction without the supervision, 8,016
control, or approval of the Department of Administrative Services 8,017
as specified in those sections.
Section 50. Satisfaction of Judgments and Settlements 8,019
Against the State 8,020
An appropriation contained in this act may be used for the 8,022
purpose of satisfying judgments or settlements in connection with 8,023
civil actions against the state in federal court not barred by 8,024
sovereign immunity or the Eleventh Amendment to the Constitution 8,025
of the United States, or for the purpose of satisfying judgments, 8,026
settlements, or administrative awards ordered or approved by the 8,027
Court of Claims in connection with civil actions against the 8,028
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 8,029
appropriations to be applied to or used for payment of guarantees 8,030
by or on behalf of the state, for or relating to lease payments 8,031
or debt service on bonds, notes, or similar obligations and those 8,032
from the Sports Facilities Building Fund (Fund 024), the Highway 8,033
Safety Building Fund (Fund 025), the Administrative Building Fund 8,034
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 8,035
Juvenile Correctional Building Fund (Fund 028), the 8,036
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 8,037
(Fund 031), the School Building Program Assistance Fund (Fund 8,038
032), the Mental Health Facilities Improvement Fund (Fund 033), 8,039
the Higher Education Improvement Fund (Fund 034), the Parks and 8,040
Recreation Improvement Fund (Fund 035), the State Capital 8,041
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 8,043
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 8,044
state to suit in any forum in which it is not otherwise subject 8,045
to suit, nor is it intended to waive or compromise any defense or 8,046
right available to the state in any suit against it. 8,047
179
Section 51. Notwithstanding section 126.14 of the Revised 8,049
Code, appropriations for appropriation items CAP-002, Local 8,050
Jails, and CAP-003, Community-Based Correctional Facilities, 8,051
appropriated from the Adult Correctional Building Fund (Fund 027) 8,052
to the Department of Rehabilitation and Correction shall be 8,053
released upon the written approval of the Director of Budget and 8,054
Management and the appropriations from the Public School Building 8,056
Fund (Fund 021) and the School Building Program Assistance Fund 8,058
(Fund 032) to the School Facilities Commission may be released by 8,059
the Director of Budget and Management upon presentation of a 8,060
request to release the funds by the executive director of the 8,061
Commission.
Section 52. Except as provided in section 4115.04 of the 8,063
Revised Code, no moneys appropriated or reappropriated by the 8,065
122nd General Assembly shall be used for the construction of
public improvements, as defined in section 4115.03 of the Revised 8,066
Code, unless the mechanics, laborers, or workers engaged therein 8,067
are paid the prevailing rate of wages as prescribed in section 8,068
4115.04 of the Revised Code. Nothing in this section shall 8,069
affect the wages and salaries established for state employees 8,070
under the provisions of Chapter 124. of the Revised Code, or 8,071
collective bargaining agreements entered into by the state 8,072
pursuant to Chapter 4117. of the Revised Code, while engaged on 8,073
force account work, nor shall this section interfere with the use 8,074
of inmate and patient labor by the state. 8,075
Section 53. Capital Facilities Leases 8,077
Capital facilities for which appropriations are made from 8,080
the Sports Facilities Building Fund (Fund 024), the
Administrative Building Fund (Fund 026), the Adult Correctional 8,082
Building Fund (Fund 027), the Juvenile Correctional Building Fund 8,083
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may 8,084
be leased by the Ohio Building Authority to the Department of 8,085
Youth Services, the Arts and Sports Facilities Commission, the 8,086
Department of Administrative Services, and the Department of 8,087
180
Rehabilitation and Correction and other agreements may be made by 8,088
the Ohio Building Authority and the departments with respect to 8,089
the use or purchase of such capital facilities or, subject to the 8,090
approval of the director of the department, or the commission, 8,091
the Ohio Building Authority may lease such capital facilities to, 8,092
and make other agreements with respect to the use or purchase 8,093
thereof with, any governmental agency or nonprofit corporation
having authority under law to own, lease, or operate such capital 8,094
facilities. The director of the department or the commission may 8,096
sublease such capital facilities to, and make other agreements 8,097
with respect to the use or purchase thereof with, any such 8,098
governmental agency or nonprofit corporation, which may include 8,099
provisions for transmittal of receipts of that agency or 8,100
nonprofit corporation of any charges for the use of such 8,101
facilities, all upon such terms and conditions as the parties may 8,102
agree upon and any other provision of law affecting the leasing, 8,103
acquisition, or disposition of capital facilities by such 8,104
parties.
Section 54. The Director of Budget and Management shall 8,106
authorize both of the following: 8,107
(A) The initial release of moneys for projects from the 8,109
Sports Facilities Building Fund (Fund 024), the Highway Safety 8,110
Building Fund (Fund 025), the Administrative Building Fund (Fund 8,111
026), the Adult Correctional Building Fund (Fund 027), the 8,112
Juvenile Correctional Building Fund (Fund 028), the 8,113
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 8,114
(Fund 031), the School Building Program Assistance Fund (Fund 8,115
032), the Mental Health Facilities Improvement Fund (Fund 033), 8,116
the Higher Education Improvement Fund (Fund 034), and the Parks 8,117
and Recreation Fund (Fund 035);
(B) The expenditure or encumbrance of moneys from any 8,120
other fund into which proceeds of obligations are deposited, only 8,121
after determining to the director's satisfaction that either of 8,122
181
the following has occurred: 8,123
(1) The application of such moneys to the particular 8,126
project will not negatively affect any exemption or exclusion of 8,127
the interest on obligations, issued to provide moneys to the 8,128
particular fund, from federal income tax under federal law and 8,129
regulations at the time in effect or pending with retroactive 8,130
effect;
(2) Moneys for the project will come from the proceeds of 8,133
obligations the interest on which is not so excluded or exempt 8,134
and which have been authorized as "taxable obligations" by the 8,135
issuing authority. The director shall report any nonrelease of 8,136
moneys pursuant to this section to the Governor, the presiding 8,137
officer of each house of the General Assembly, and the agency for 8,138
the use of which the project is intended. 8,139
Section 55. No appropriation for a health care facility 8,141
authorized under this act may be released until the requirements 8,142
of sections 3702.51 to 3702.68 of the Revised Code have been met. 8,143
Section 56. Any increase in appropriation authority by the 8,145
Director of Budget and Management pursuant to division (B) of 8,146
section 153.17 of the Revised Code is hereby appropriated. 8,147
Section 57. All proceeds received by the state as a result 8,149
of litigation, judgments, settlements, or claims, filed by or on 8,150
behalf of any state agency as defined by section 1.60 of the 8,151
Revised Code or state-supported or state-assisted institution of 8,152
higher education, for damages or costs resulting from the use, 8,153
removal, or hazard abatement of asbestos materials shall be 8,154
deposited in the Asbestos Abatement Distribution Fund. All funds 8,155
deposited into the Asbestos Abatement Distribution Fund (Fund 8,156
674) are hereby appropriated to the Attorney General. To the 8,157
extent practicable, the proceeds placed in the Asbestos Abatement 8,158
Distribution Fund shall be divided among the state agencies and 8,159
state-supported or state-assisted institutions of higher 8,160
education in accordance with the general provisions of the 8,161
bankruptcy orders, settlement agreements, or judgments in the 8,162
182
litigation regarding the percentage of recovery. Distribution 8,163
of the proceeds to each state agency or state-supported or 8,164
state-assisted institution of higher education shall be made in 8,165
accordance with the Asbestos Abatement Distribution Plan to be 8,166
developed by the Attorney General, the Division of Public Works 8,167
within the Department of Administrative Services, and the Office 8,168
of Budget and Management. 8,169
In those circumstances where asbestos litigation proceeds 8,171
are for reimbursement of expenditures made with funds outside the 8,172
state treasury or damages to buildings not constructed with state 8,173
appropriations, direct payments shall be made to the affected 8,174
institutions of higher education. Any proceeds received for 8,175
reimbursement of expenditures made with funds within the state 8,176
treasury or damages to buildings occupied by state agencies shall 8,177
be distributed to the affected agencies with an intrastate 8,178
transfer voucher to the funds identified in the Asbestos 8,179
Abatement Distribution Plan. 8,180
Such proceeds shall be used for additional asbestos 8,182
abatement or encapsulation projects, or for other capital 8,183
improvements except that proceeds distributed to the General 8,184
Revenue Fund and other funds that are not bond improvement funds 8,185
may be used for any purpose. The Controlling Board may, for bond 8,186
improvement funds, create appropriation items or increase 8,187
appropriation authority in existing appropriation items equaling 8,188
the amount of such proceeds. Such amounts approved by the 8,189
Controlling Board are hereby appropriated. Such proceeds 8,190
deposited in bond improvement funds shall not be expended until 8,191
released by the Controlling Board, which shall require 8,192
certification by the Director of Budget and Management that such 8,193
proceeds are sufficient and available to fund the additional 8,194
anticipated expenditures. 8,195
Section 58. No investment income earned on the Sports 8,197
Facilities Building Fund (Fund 024), the Highway Safety Building 8,198
Fund (Fund 025), the Administrative Building Fund (Fund 026), the 8,199
183
Adult Correctional Building Fund (Fund 027), the Juvenile 8,200
Correctional Building Fund (Fund 028), the Transportation
Building Fund (Fund 029), the Arts Facilities Building Fund (Fund 8,202
030), the Natural Resources Projects Fund (Fund 031), the School 8,204
Building Program Assistance Fund (Fund 032), the Mental Health 8,205
Facilities Improvement Fund (Fund 033), the Higher Education 8,206
Improvement Fund (Fund 034), the Parks and Recreation Fund (Fund
035), the State Capital Improvement Fund (Fund 038), the Highway 8,207
Obligation Fund (Fund 041), the Coal Research/Development Fund 8,208
(Fund 046), and any other state fund into which proceeds of 8,209
obligations are deposited shall be encumbered or spent from those 8,211
funds until a certificate is provided by the issuer of the 8,212
obligations which certifies to the Director of Budget and 8,213
Management that there are sufficient moneys available from the 8,214
investment income or from other sources to make any required 8,215
payments to the federal government contemplated by the applicable 8,216
bond proceedings. The Director of Budget and Management may
authorize the investment income in excess of those requirements 8,218
to be encumbered or spent from those funds. This requirement is 8,219
in addition to any other requirement under this act, the Revised 8,220
Code, or the applicable bond or note proceedings. 8,221
Section 59. The capital improvements for which 8,223
appropriations are made in this act from the Sports Facilities 8,224
Building Fund (Fund 024), the Administrative Building Fund (Fund 8,226
026), the Adult Correctional Building Fund (Fund 027), the 8,227
Juvenile Correctional Building Fund (Fund 028), the Arts 8,229
Facilities Building Fund (Fund 030), and the School Building 8,230
Program Assistance Fund (Fund 032) are determined to be capital 8,231
improvements and capital facilities for housing state agencies 8,232
and branches of state government and are designated as capital 8,233
facilities to which proceeds of obligations issued under Chapter 8,234
152. of the Revised Code are to be applied. 8,235
Section 60. Upon the request of the agency to which a 8,237
capital project appropriation item is appropriated, the Director 8,238
184
of Budget and Management may transfer open encumbrance amounts 8,239
between separate encumbrances for the project appropriation item 8,240
to the extent that any reductions in encumbrances are agreed to 8,241
by the contracting vendor and the agency. 8,242
Section 61. In determining "aggregate principal amount" 8,245
for purposes of sections of this act authorizing the issuance of 8,246
obligations, and the sections of prior acts referred to in those 8,248
sections, the principal amount of a "capital appreciation bond" 8,249
as defined in division (C) of section 3334.01 of the Revised Code 8,250
means its face amount, and of a "zero coupon bond" as defined in 8,251
division (K) of section 3334.01 of the Revised Code means the 8,252
discounted offering price at which the bond is initially sold to 8,253
the public, disregarding any purchase price discount to the 8,254
original purchaser if provided for pursuant to the authorizing 8,255
law of the Revised Code. 8,256
Section 62. Public School Building Fund 8,258
When requested to do so by the Executive Director of the 8,260
School Facilities Commission, the Controlling Board may increase 8,261
appropriations in the Public School Building Fund (Fund 021) 8,262
based on revenues received by the fund, including cash transfers 8,263
and interest that may accrue to the fund.
Section 63. Interest Earnings 8,265
All investment earnings credited to the Public School 8,267
Building Fund (Fund 021) and the School Building Program 8,268
Assistance Fund (Fund 032) prior to the effective date of this 8,269
section shall be retained by the funds.
Section 64. Low and Moderate Income Housing Trust Fund 8,271
Within thirty days after the effective date of this 8,273
section, the Director of Budget and Management shall transfer 8,274
$250,000 in cash from Fund 027, Adult Correctional Building Fund, 8,275
to Fund 646, Low and Moderate Income Housing Trust Fund, and the 8,276
amount is hereby appropriated to appropriation item 195-638, Low
and Moderate Income Housing Trust Fund. Notwithstanding the 8,277
eligibility standards that otherwise apply to recipients of 8,278
185
assistance from the Low and Moderate Income Housing Trust Fund, 8,279
this $250,000 appropriation shall be used to provide grants for 8,280
the beautification, painting, and cleanup of houses and
properties bordering the Water Tower Park site in Cleveland. 8,281
Section 65. GRF Transfers to the Public School Building 8,283
Fund
Within twenty days after the effective date of this 8,285
section, the Director of Budget and Management shall transfer 8,286
$139,000,000 from the General Revenue Fund to Fund 021, the 8,288
Public School Building Fund.
Section 66. Great Lakes Science Center - Per Cent for Arts 8,290
Reimbursement 8,291
Notwithstanding sections 127.16 and 3379.10 of the Revised 8,293
Code, within thirty days after the effective date of this 8,294
section, encumbrance 991810, in the amount of $50,000, which was 8,295
established in the name of the Ohio Arts Council in the state's 8,296
central accounting system in fiscal year 1996 by Cleveland State 8,297
University, shall be paid to the Great Lakes Science Center by
Cleveland State University. The payment reimburses the Center 8,298
for art purchased by the Center in lieu of its formal 8,299
participation in the Per Cent for Arts Program. 8,300
Section 67. Capital Donations Fund 8,302
Within forty-five days after the effective date of this 8,304
section, the Director of Budget and Management, in consultation 8,305
with the Executive Director of the Ohio Arts and Sports 8,306
Facilities Commission, shall determine the unencumbered and 8,307
unallotted balance of the amount in the Capital Donations Fund
(Fund 5A1) appropriation item 371-602. The Director of Budget 8,308
and Management shall transfer appropriations in that amount from 8,309
appropriation item 371-602, Capital Donations Fund, to a new 8,310
appropriation item CAP-602, Capital Donations Fund. The Director 8,311
of Budget and Management may cancel encumbrances and reestablish 8,312
such encumbrances or parts of encumbrances, in the appropriate
appropriation item and for the same purpose and vendor, as needed 8,313
186
in Fund 5A1. As determined by the director, the appropriation 8,314
authority necessary to establish such encumbrances in a different 8,315
appropriation item is hereby authorized and appropriated. 8,316
Section 68. Capital Donations Fund Certifications and 8,318
Appropriations
The Executive Director of the Arts and Sports Facilities 8,320
Commission shall certify to the Director of Budget and Management 8,321
the amount of cash receipts and related investment income, 8,322
irrevocable letters of credit from a bank, or certification of 8,323
the availability of funds which have been received from a county 8,324
or a city auditor for deposit to the Capital Donations Fund.
These amounts are hereby appropriated to appropriation item 8,325
CAP-602, Capital Donations, in Fund 5A1, Capital Donation Fund. 8,326
Prior to certifying these amounts to the Director, the Executive 8,327
Director shall make a written agreement with the participating 8,328
entity on the necessary cash flows required for the anticipated 8,329
construction or equipment acquisition project.
Section 69. Reissuance of Voided Warrants 8,331
In order to provide funds for the reissuance of voided 8,333
warrants pursuant to section 117.47 of the Revised Code, there is 8,334
hereby appropriated, out of moneys in the state treasury from the 8,335
fund credited as provided in section 117.47 of the Revised Code, 8,336
that amount sufficient to pay such warrants when approved by the 8,337
Office of Budget and Management.
Section 70. Central State Deficit Funds for FY 1999 8,339
In addition to the provisions of division (B) of section 8,341
99.14 of Am. Sub. H.B. 215 of the 122nd General Assembly, with 8,342
the approval of the Director of Budget and Management the 8,343
encumbered appropriations remaining from appropriation item 8,344
042-407, Central State Deficit, that are not needed for 8,345
non-recurring expenses may be disbursed in fiscal year 1999 for 8,346
recurring operating expenses.
Section 71. Cash Transfers From Obsolete Funds 8,348
Notwithstanding any other provision of law to the contrary, 8,350
187
within thirty days after the effective date of this section, the 8,351
Director of Budget and Management shall determine the cash 8,353
balances in the following obsolete funds, which were abolished by 8,354
prior legislation, and transfer such balances to the funds
indicated: 8,355
Obsolete Fund Number and Name Transfer Cash Balance to This 8,358
Fund
Fund 495 State Acceptors Fund Fund 4T6 Poultry and Meat 8,360
Products Fund
Fund 4D3 Cosmetology Fund 4K9 Occupational 8,362
Adjudication Fund Licensing and
Regulatory Fund 8,363
Fund 4K0 Beverage Tax General Revenue Fund 8,365
Administrative Fund
Section 72. Area Agency on Aging Region 9, Inc. 8,368
(A) Appropriation item 490-418, Area Agency on Aging 8,370
Region 9, Inc., as established by the Controlling Board in fiscal 8,371
year 1999, may be used to make grants to the Area Agency on Aging 8,372
Region 9, Inc. for the purpose of resolving a projected deficit 8,373
and assuring continued services of Department of Aging related 8,374
programs that are provided by the Area Agency on Aging Region 9,
Inc.
If a grant is made under this section, not later than June 8,376
1, 1999, the Director of Aging shall certify to the Director of 8,377
Budget and Management the amount of deficit expenditures incurred 8,378
during the current biennium by the Area Agency on Aging Region 9, 8,379
Inc. If the amount of the grants are greater than the certified 8,380
deficit, Area Agency on Aging Region 9, Inc. shall pay to the 8,381
Director of Aging any amount granted to it under this provision 8,382
that exceeds the certified deficit. In the event of the recovery 8,383
of any moneys related to the deficit after the deficit has been 8,384
certified, the Area Agency on Aging Region 9, Inc. shall repay to 8,385
the Director of Aging the amount recovered. The Director of
Aging shall deposit any repayment under this section to the 8,386
188
credit of the General Revenue Fund. 8,387
(B) This section is not subject to the referendum. 8,389
Therefore, under Ohio Constitution, Article II, Section 1d and 8,390
section 1.471 of the Revised Code, this section goes into 8,391
immediate effect when this act becomes law.
Section 73. Moratorium on Increases of Per Diem Payments 8,393
to Medicaid Providers 8,394
The Ohio Department of Human Services shall not grant 8,396
extreme circumstance or extreme hardship rate increases pursuant 8,397
to section 5111.29 of the Revised Code to otherwise qualifying 8,398
facilities as a result of workers' compensation premium increases 8,399
incurred during the period January 1, 1999, through December 31, 8,400
2001, unless the department first offsets the amount of any
workers' compensation rebate received by the facility in calendar 8,401
year 1998 against the amount of the workers' compensation premium 8,402
prompting the request.
Section 74. Sections 3 to 73 of this act shall remain in 8,404
full force and effect commencing on the effective date of this 8,406
section and terminating on June 30, 2000, for the purpose of 8,407
drawing money from the state treasury in payment of liabilities 8,408
lawfully incurred hereunder, and on June 30, 2000, and not
before, the moneys hereby appropriated shall lapse into the funds 8,409
from which they are severally appropriated. 8,410
Section 75. (A) The Governor is hereby authorized to 8,412
execute a deed in the name of the State conveying to the Apple 8,414
Creek Volunteer Fire Department and Emergency Squad, Inc., Wayne 8,416
County, Ohio, and its successors and assigns, all of the state's
right, title, and interest in the following described real 8,417
estate:
Being situated in the State of Ohio, County of Wayne, Township of 8,419
East Union, Range 12 West, Township 16 North, Southwest Quarter 8,420
of Section 21, presently in the name of State of Ohio as recorded 8,421
in the Wayne County Records of Deeds Volume 207, page 220, and 8,422
more fully described as follows:
189
Commencing for reference at a railroad spike set marking the 8,424
northwest corner of the southwest quarter of Section 21 and in 8,425
the center line of Apple Creek Road - C.R. 44; 8,426
1. Along the west line of said quarter Section 8,429
and along said center line S 00°56'41" W 8,430
1681.65 feet to a railroad spike set and the
true place of beginning; 8,431
Thence courses 2 and 3 subdividing land presently in the name of 8,434
State of Ohio (V. 207, P. 220): 8,435
2. S 89°22'50" E 515.35 feet to an iron pin set 8,438
and passing through an iron pin set at 30.00 8,439
feet;
3. S 00°56'41" W 211.32 feet to an iron pin set 8,440
on the north line of land presently in the 8,441
name of Board of Trustees of East Union Twp.
(O.R. 54, P. 442); 8,442
4. Along said north line N 89°22'50" W 515.35 8,443
feet to a P.K. nail found on the west line of 8,444
the southwest quarter of Section 21 and in
the center line of Apple Creek Road - C.R. 44 8,445
and passing through an iron pin found at 8,446
485.35 feet;
5. Along said lines N 00°56'41" E 211.32 feet to 8,447
the true place of beginning. 8,448
This survey contains 2.500 acres (2.354 acres outside road 8,451
right-of-way), is subject to all easements of record, its 8,452
bearings are established from Survey "JJ"-200 and are to denote 8,453
angular measurement only, and is a description of a field survey 8,454
completed by Jim Shamp, Reg. Sur. No. S-6088, dated March 25,
1998. Iron pins set are 5/8" x 30" iron re-bars with plastic 8,455
I.D. caps. Iron pins found are 5/8" re-bar unless otherwise 8,456
noted.
(B) Consideration for conveyance of the real estate 8,458
described in division (A) of this section is a purchase price of 8,459
190
$20,000.00.
(C) Upon payment of the purchase price, the Auditor of 8,461
State, with the assistance of the Attorney General, shall prepare 8,462
a deed to the real estate described in division (A) of this 8,463
section. The deed shall state the consideration. The deed shall 8,465
be executed by the Governor in the name of the State,
countersigned by the Secretary of State, sealed with the Great 8,466
Seal of the State, presented in the Office of the Auditor of 8,467
State for recording, and delivered to the Apple Creek Volunteer 8,468
Fire Department and Emergency Squad, Inc. The Apple Creek 8,469
Volunteer Fire Department and Emergency Squad, Inc., shall 8,470
present the deed for recording in the Office of the Wayne County 8,471
Recorder.
(D) The Apple Creek Volunteer Fire Department and 8,473
Emergency Squad, Inc., shall pay the costs of the conveyance of 8,475
the real estate described in division (A) of this section. 8,476
(E) This section expires one year after its effective 8,478
date.
Section 76. (A) The Governor is hereby authorized to 8,480
execute a deed in the name of the state conveying to Muskingum 8,481
Area Adolescent Treatment Services, Inc., and its successors and 8,482
assigns all of the state's right, title, and interest, including 8,483
mineral rights, in the following described real estate known as 8,484
the Thompkins Center, located in Guernsey County, and further 8,485
described as follows: 8,486
Tract One 8,488
Situated in the City of Cambridge in the County of Guernsey 8,490
and the State of Ohio: Known as and being Lots numbered Seven 8,491
(7) and Eight (8) in Block One (1) in the Urban Terrace Addition 8,492
to the City of Cambridge, Ohio, as will appear in the recorded 8,493
plat thereof, and subject to the restrictions, covenants and 8,494
conditions of said addition.
Deed reference: Volume 339, page 18 8,496
Tract Two 8,498
191
Situated in the City of Cambridge, County of Guernsey and 8,500
State of Ohio: Known as and being Lots Nine (9) and Ten (10) in 8,501
Block One (1) in Urban Terrace Addition to said City of 8,502
Cambridge, as said lots are marked and delineated on the recorded 8,503
plat of said addition on file and of record in Plat Book 8, Pages 8,504
27, 28 and 29, in the Office of the Recorder of said County and 8,505
State.
Said lots and parcels thereof are conveyed upon the 8,507
following conditions which run with the land, to wit: 8,508
First: No intoxicating liquors shall be sold or kept for 8,510
sale on said premises; 8,511
Second: No building or porch shall be erected or 8,513
maintained on the parking of said premises as designated and 8,514
delineated on the recorded plat of said addition; 8,515
Third: No dwelling, the actual cost of which is less than 8,517
$1,200.00, shall be erected on said premises. No barn, stable or 8,518
other out-buildings shall be erected within sixty-five (65) feet 8,519
of the west line of Sixteenth Street.
Deed reference: Volume 339, pages 14-17 8,521
Such deed shall be subject to existing easements, leases, 8,523
rights-of-way and legal highways. 8,524
The conveyance described in this division shall include any 8,526
buildings erected on the real estate and the contents of those 8,527
buildings as described in division (B) of this section. 8,528
(B) Within fifteen days after the effective date of this 8,530
section, the Director of Mental Health shall prepare a list of 8,531
all state-owned furnishings located on the real estate described 8,532
in division (A) of this section and forward a copy of that list 8,533
to the State Office of State and Federal Surplus Property, 4200 8,534
Surface Road, Columbus, Ohio. 8,535
(C) Consideration for the conveyance of the real estate 8,537
described in division (A) of this section and the furnishings 8,538
listed pursuant to division (B) of this section is the mutual 8,539
benefit accruing to the state, the City of Cambridge, and the 8,540
192
County of Guernsey from the use of the property by the Muskingum 8,541
Area Adolescent Treatment Services, Inc., for the delivery of 8,542
mental health services. 8,543
(D) The costs of the conveyance of the real estate 8,545
described in division (A) of this section shall be paid by 8,546
Muskingum Area Adolescent Treatment Services, Inc. 8,547
(E) The conveyance of the real estate described in 8,549
division (A) of this section is subject to the condition that 8,550
Muskingum Area Adolescent Treatment Services, Inc., and its 8,551
successors, assigns, and lessees shall use the real estate for 8,552
the provision of mental health services. If Muskingum Area 8,553
Adolescent Treatment Services, Inc., ceases to use the real 8,554
estate to provide mental health services, the state may reenter 8,555
upon its former estate. It shall not be a violation of this 8,556
condition if Muskingum Area Adolescent Treatment Services, Inc., 8,557
leases part or all of the real estate to another agency or 8,558
agencies for the provision of mental health services. 8,559
(F) Within one year after the effective date of this 8,561
section, the Auditor of State, with the assistance of the 8,562
Attorney General, shall prepare a deed to the real estate 8,563
described in division (A) of this section. The deed shall state 8,564
the consideration stated in division (C) of this section and the 8,565
condition and right of reentry specified in division (E) of this 8,566
section. The deed shall be executed by the Governor in the name 8,567
of the state, countersigned by the Secretary of State, sealed 8,568
with the Great Seal of the State, presented in the Office of the 8,569
Auditor of State for recording, and delivered to Muskingum Area 8,570
Adolescent Treatment Services, Inc. Muskingum Area Adolescent 8,571
Treatment Services, Inc., shall present the deed for recording in 8,572
the Office of the Guernsey County Recorder. 8,573
(G) This section expires one year after its effective 8,575
date. 8,576
Section 77. (A) The Governor is hereby authorized to 8,578
execute a deed in the name of the state conveying to the Paint 8,579
193
Valley Alcohol, Drug Addiction and Mental Health Board and its 8,580
successors and assigns all of the state's right, title, and 8,581
interest in a parcel of real estate known as the Greenfield 8,582
Residence, located in Highland County, and further described as 8,584
follows:
Situated in the City of Greenfield, County of Highland, 8,586
State of Ohio, being part of Lot No. 396 of said City and being 8,587
further bounded and described as follows: 8,588
Beginning at an iron pin marking the northwest corner of 8,590
Lot No. 396; thence with the northerly line of said Lot N 80 deg. 8,591
00 min. E a distance of 247.50 ft. to an iron pin marking the 8,592
northeast corner of said Lot; thence with the easterly line of 8,593
said Lot S 10 deg. 00 min. E a distance of 76.36 ft. to an iron 8,594
pin, said pin bearing N 10 deg. 00 min. W a distance of 8.14 ft.
from the southeast corner of said Lot No 396; thence with the 8,595
line of land now or formerly owned by Robert W. Head S 80 deg. 00 8,596
min. W a distance of 247.50 ft. to an iron pin in the westerly 8,597
line of said Lot No. 396, said iron pin bearing N 10 deg. 00 min. 8,598
W a distance of 8.14 ft. from the southwest corner of said Lot; 8,599
thence with the westerly line of said Lot No. 396 N 10 deg. 00
min. W a distance of 76.36 ft. to the point of beginning, 8,600
Containing 0.433 acres of land. 8,601
The above description is the same lands as owned by Claude 8,603
H. Clawson and Catherine Clawson and recorded in Vol. 301 Page 8,604
901, Highland County Record of Deeds. 8,605
Land surveyed May, 1977 by Michael L. McCarty, Registered 8,607
Surveyor No. 6315.
The conveyance described in this division shall include any 8,609
buildings erected on the real estate and the contents of those 8,610
buildings. 8,611
(B) Consideration for conveyance of the real estate 8,613
described in division (A) of this section is the mutual benefit 8,614
accruing to the state, to the City of Greenfield, and to the 8,615
Paint Valley Alcohol, Drug Addiction and Mental Health Board and 8,616
194
the counties served by that board, by having the Board be 8,617
responsible for maintaining the facility and for operating the 8,618
facility as a children's residential program. 8,619
(C) The Paint Valley Alcohol, Drug Addiction and Mental 8,621
Health Board shall pay the costs of the conveyance of the real 8,622
estate described in division (A) of this section. 8,623
(D) The conveyance described in division (A) of this 8,625
section is subject to the condition that the Paint Valley 8,626
Alcohol, Drug Addiction and Mental Health Board and its 8,627
successors, assigns, and lessees shall use the real estate for 8,628
the provision of mental health services. If the property ceases 8,629
to be used for the provision of mental health services, the state 8,630
may reenter upon its former estate. It shall not be a violation 8,631
of the condition specified in this section if the Paint Valley 8,632
Alcohol, Drug Addiction and Mental Health Board leases all or 8,633
part of the real estate to another agency or agencies for the 8,634
provision of mental health services. 8,635
(E) Within one year following the effective date of this 8,637
section, the Auditor of State, with the assistance of the 8,638
Attorney General, shall prepare a deed to the real estate 8,639
described in division (A) of this section. The deed shall state 8,640
the consideration specified in division (B) of this section and 8,641
the condition and right of reentry specified in division (D) of 8,642
this section. The deed shall be executed by the Governor in the 8,643
name of the state, countersigned by the Secretary of State, 8,644
sealed with the Great Seal of the State, presented in the Office 8,645
of the Auditor of State for recording, and delivered to the Paint 8,646
Valley Alcohol, Drug Addiction and Mental Health Board. The 8,647
Paint Valley Alcohol, Drug Addiction and Mental Health Board 8,648
shall present the deed for recording in the Office of the 8,649
Highland County Recorder. 8,650
(F) This section expires one year after its effective 8,652
date.
Section 78. (A) The Governor is hereby authorized to 8,654
195
execute a deed in the name of the state conveying to the Summit 8,655
County Alcohol, Drug Addiction and Mental Health Services Board 8,656
and its successors and assigns all of the state's right, title, 8,657
and interest in real estate known as the Edgerton House, located 8,658
in Summit County, and further described as follows: 8,659
Situate in the State of Ohio, Summit County and City of Akron, 8,661
also being those lands conveyed to the State of Ohio by Deed of 8,662
Record in Deed Book 5864, Page 820, Recorder's Office, Summit 8,663
County, Ohio, and being more particularly described as follows: 8,664
Being all of Lots 21, 22, 23, and 26 and the east 33 feet of Lot 8,666
37 in the Wright Re-allotment of Ely Lots 81 and 82 in Tract 5 of 8,667
Portage Township, now in the City of Akron, said Re-allotment 8,668
being recorded in Plat Book 9, Page 2, Recorder's Office, Summit 8,669
County, Ohio and further known as 117 Edgerton Avenue, Akron, 8,670
Ohio.
The conveyance described in this division shall include any 8,672
buildings erected on the real estate and the contents of those 8,673
buildings. 8,674
(B) Consideration for conveyance of the real estate 8,676
described in division (A) of this section is the mutual benefit 8,677
accruing to the state, to the City of Akron, and to the Summit 8,678
County Alcohol, Drug Addiction and Mental Health Services Board, 8,679
by having the Board be responsible for maintaining the property 8,680
and operating the property as a residential mental health 8,681
facility.
(C) The Summit County Alcohol, Drug Addiction and Mental 8,683
Health Services Board shall pay the costs of the conveyance of 8,684
the real estate described in division (A) of this section. 8,685
(D) The conveyance of the real estate described in 8,687
division (A) of this section is subject to the condition that the 8,688
Summit County Alcohol, Drug Addiction and Mental Health Services 8,689
Board and its successors, assigns, and lessees shall use the real 8,690
estate and furnishings for the provision of mental health 8,691
services. If the real estate ceases to be used for the provision 8,693
196
of mental health services, the state may reenter upon its former 8,694
estate. It shall not be a violation of the condition specified 8,695
in this division if the Summit County Alcohol, Drug Addiction and 8,696
Mental Health Services board leases all or part of the real 8,697
estate to another agency or agencies for the provision of mental 8,698
health services.
(E) Within one year following the effective date of this 8,700
section, the Auditor of State, with the assistance of the 8,701
Attorney General, shall prepare a deed to the real estate 8,702
described in division (A) of this section. The deed shall state 8,703
the consideration specified in division (B) of this section and 8,704
the condition and the right of reentry specified in division (D) 8,705
of this section. The deed shall be executed by the Governor in 8,706
the name of the state, countersigned by the Secretary of State, 8,707
sealed with the Great Seal of the State, presented in the Office 8,708
of the Auditor of State for recording, and delivered to the 8,709
Summit County Alcohol, Drug Addiction and Mental Health Services 8,710
Board. The Summit County Alcohol, Drug Addiction and Mental 8,711
Health Services Board shall present the deed for recording in the 8,713
Office of the Summit County Recorder.
(F) This section expires one year after its effective 8,715
date.
Section 79. (A) The Governor is hereby authorized to 8,717
execute a deed in the name of the state conveying to the Trust 8,718
for Public Land, which is working with its public collaboratives 8,720
consisting of the Cleveland Metroparks, the National Park
Service, and Sagamore Hills Township, all of the state's right, 8,721
title, and interest in the following described real estate: 8,722
Parcel One 8,724
Situated in the State of Ohio, County of Cuyahoga, Village 8,726
of Walton Hills, being part of original Bedford Township Lot 92 8,727
further bounded and described as follows: Beginning at a 3/4" 8,728
iron bar found at the southwest corner of said lot on the 8,729
centerline of Sagamore Road (60' R/W). Said iron bar being the 8,730
197
True Place of Beginning for the parcel intended to be described
herein; thence, N 00°57'31" W, leaving said centerline along the 8,731
west line of lot 92, 1033.02 feet to a 5/8" capped rebar set; 8,732
thence, leaving the west line of said lot along the southerly 8,733
line of land described in deed to the Board of Commissioner of 8,734
the Cleveland Metropolitan Park District recorded in Volume 6080, 8,735
Page 618 of Cuyahoga County Records, the following courses and
distances; N 89°46'59" E, 200.13 feet to a 1/2" iron pin found; 8,736
thence, N 81°50'36" E, 283.45 feet to a 1/2" iron pin found; 8,737
thence, N 37°48'12" E, 655.25 feet to a 1/2" iron pin found; 8,738
thence, S 77°51'42" E, 556.56 feet to a 5/8" capped rebar on the 8,739
west line of the former Lake Erie & Pennsylvania Railroad 8,740
presently owned by the Cleveland Electric Illuminating Company; 8,741
thence, S 11°09'15" W, along the westerly line of said Railroad 8,742
lands, 600.80 feet to a 5/8" capped rebar set; thence, S 8,743
78°50'45" E, continuing along said westerly line, 10.00 feet to a
5/8" capped rebar set; thence, S 11°09'15" W, along said westerly 8,744
line, 900.15 feet to the centerline of Sagamore Road and the 8,745
south line of said Township; thence, S 89°59'57" W, along the 8,746
said centerline and Township line, 1128.63 feet to the True Place 8,747
of Beginning and containing 38.053 acres of land but subject to 8,748
all legal highways, easements and restrictions, if any, as
surveyed by Robert J. Warner, P.S., Number 6931 for Environmental 8,749
Design Group, Inc. in August 1996. The Basis of Bearings for the 8,750
above described parcel is grid north of the Ohio State Plane 8,751
Coordinate System, North Zone (NAD 83). 8,753
Deed reference: Volume 3771, page 392 8,755
Parcel Two 8,757
Situated in the State of Ohio, County of Cuyahoga, Village 8,759
of Walton Hills, being part of Original Bedford Township Lot 92; 8,760
beginning at an iron pin in a monument box found at the southeast 8,761
corner of said lot on the centerline of Sagamore Road (60' R/W), 8,762
and the south line of said County and being the True Point of 8,763
Beginning for the parcel intended to be described herein; thence,
198
S 89°59'20" W, along said centerline and Township line, 1403.95 8,764
feet to the easterly line of the former Lake Erie & Pennsylvania 8,765
Railroad presently owned by Cleveland Electric Illuminating 8,766
Company; thence, along the east line of said Railroad lands, the 8,767
following courses and distances: N 11°09'15" E, 880.41 feet to a 8,768
5/8" capped rebar set; thence, S 78°50'45" E, 10.00 feet to a 8,769
5/8" capped rebar set; thence, N 11°09'15" E, 988.31 feet to a
5/8" capped rebar set; thence, leaving the easterly line of said 8,770
Railroad lands, along the southerly line of land described in 8,771
Deed to the United State of America recorded in Volume 14697, 8,772
Page 99 of Cuyahoga County Records, following courses and 8,773
distances: S 85°38'29" E, 409.48 feet to a stone found; thence, 8,774
N 47°33'35" E, 140.54 feet to a 1/2" iron pin found; thence, N 8,775
01°16'29" W, 114.82 feet to a 1/2" iron pin found; thence, N 8,776
85°18'19" E, 205.11 feet to a stone found; thence, N 43°57'28" E,
passing through a 1/2" iron pin found at 390.46 feet, a total 8,777
distance of 391.06 feet to the east line of Lot 92; thence, S 8,778
01°10'27" E, along the east line of Lot 92, 2308.51 feet to the 8,779
True Place of Beginning and containing 53.328 acres of land but 8,780
subject to all legal highways, easements and restrictions, if 8,781
any, as surveyed by Robert J. Warner, P.S., Number 6931 for 8,782
Environmental Design Group, Inc. in August 1996. The Basis of
Bearings for the above described parcel is grid north of the Ohio 8,783
State Plane Coordinate System, North Zone (NAD 83). 8,785
Deed reference: Volume 6647, page 192 8,787
Parcel Six 8,789
Situated in the State of Ohio, County of Summit, Township 8,791
of Sagamore Hills, being part of original Northfield Township 8,792
Lots 81, 82, 90, and 91, further bonded and described as follows: 8,793
commencing for reference at an iron pin in a monument box found 8,794
in the centerline intersection of Dunham Road (CH150 50' R/W) 8,795
with the centerline of Sagamore Road (C.H. 1 60' R/W); thence, S
89°59'03" W, along the north line of said Township and the 8,796
centerline of Sagamore Road, 969.08 feet to an iron pin in a 8,797
199
monument box found; thence, S 89°59'20" W, along the centerline 8,798
of Sagamore Road and the north line of said Township, 1454.91 8,799
feet to an iron pin in a monument box found at the intersection 8,800
of the centerline of the former Lake Erie & Pennsylvania
Railroad, presently owned by Cleveland Electric Illuminating 8,801
Company; thence, S 89°59'57" W, continuing along the said 8,802
centerline of said road and said Township line, 1179.59 feet to a 8,803
3/4" iron bar found; thence, N 89°40'02" W, continuing along said 8,804
centerline and said Township line, 1085.13 feet to a 5/8" capped 8,805
rebar set at the True Place of Beginning for the parcel being 8,806
described herein; thence, S 00°00'19" E, leaving said centerline 8,807
and Township line, passing through a 5/8" capped rebar set at 8,808
30.00 feet, a total distance of 1614.76 feet to a 5/8" capped
rebar set; thence, S 88°36'10" E, 1290.24 feet to a 5/8" capped 8,809
rebar set; thence, N 00°50'33" E, 340.04 feet to a 5/8" capped 8,810
rebar set; thence, N 87°39'04" E, 642.68 feet to a 5/8" capped 8,811
rebar set in the westerly line of the former railroad lands as 8,812
aforesaid; thence, southerly along said railroad lands the 8,813
following courses and distances: southwesterly, 1613.04 feet, 8,814
along an arc of a curve deflecting to the left, having a radius
of 5804.69 feet, a central angle of 15°55'18" and a chord which 8,815
bears S 03°11'36" W, 1607.85 feet; N 85°13'57" E, 25.00 feet; 8,816
southeasterly 178.55 feet along the arc of a curve deflecting to 8,817
the left, having a radius of 5779.69 feet, a central angle of 8,818
1°46'12" and a chord which bears S 05°39'09" E, 178.54 feet; S 8,819
06°32'15" E, 633.18 feet; S 83°27'45" W, 10.00 feet; S 06°32'15" 8,820
E, 417.22 feet to the centerline of Valley View Road (100' R/W) 8,821
and passing over a 5/8" capped rebar set at 50.00 feet from 8,822
centerline; thence along the centerline of Valley View Road the 8,823
following courses and distances: S 79°03'52" W, 739.48 feet;
southwesterly, 965.98 feet along the arc of a curve deflecting to 8,824
the right, having a radius of 2864.79 feet, a central angle of 8,825
19°19'10" and a chord which bears S 88°43'27" W, 961.41 feet; N 8,826
81°36'58" W, 149.58 feet to an iron pin in a monument box found 8,827
200
in the intersection of the centerline of Chaffee Road (50' R/W) 8,828
the west line of Lot 82; thence, N 00°47'05" W, leaving the 8,829
centerline of Valley View Road along the west line of Lot 82
1617.12 feet to the center of a 8" diameter wooden fence post at 8,830
the northwest corner of Lot 82; thence, S 89°16'06" W, leaving 8,831
the west line of said lot, along the south line of Lot 91, 8,832
passing through a 1 1/2 crimp top pipe found at 1992.90 feet, a 8,833
total distance of 2048.53 feet to a railroad spike set in the 8,834
centerline of Valley View Road; thence, along said centerline of 8,835
following courses and distances: N 22°59'30" W, 50.90 feet to a 8,836
monument found at a point curvature; northwesterly, 489.43 feet 8,837
along the arc of a curve deflecting to the left and having a 8,838
radius of 1432.39 feet, a central angle of 19°34'39" and a chord
which bears N 32°46'50" W, 487.06 feet to a monument found at a 8,839
point of tangency; N 42°34'09" W, 321.76 feet to a monument found 8,840
at a point of curvature; northwesterly, 404.07 feet along the arc 8,841
of a curve deflecting to the right, having a radius of 3819.72, a 8,842
central angle of 06°03'40" and a chord which bears N 39°32'19" W, 8,843
403.88 feet to a monument found at a point of tangency; N 8,844
36°30'29" W, 924.10 feet to a monument found at a point of 8,845
curvature; northwesterly 294.89 feet along the arc of a curve
deflecting to the right, having a radius of 3819.72 feet, a 8,846
central angle of 4°25'24" and a chord which bears N 34°17'47" W, 8,847
294.82 feet to a railroad spike set at the southerly corner of 8,848
land described in deed to the Cleveland Metropolitan Park 8,849
District by Deed Volume 2251, Page 479 of Summit County Records 8,850
of Deeds; thence, along the southerly and easterly lines of said 8,851
park lands the following courses and distances: N 57°58'01" E, 8,852
70.80 feet to a 5/8" capped rebar found at a point of curvature; 8,853
northeasterly, 71.21 feet along the arc of a curve deflecting to
the left, having a radius of 75.00 feet, a central angle of 8,854
54°24'02" and a chord which bears N 30°46'00" E, 68.57 feet to a 8,855
5/8" capped rebar set at a point of tangency; N 03°33'59" E, 8,856
272.19 feet to a 5/8" capped rebar set; northeasterly, 100.96 8,857
201
feet along the arc of a curve deflecting to the right, having a 8,858
radius of 400.00 feet, a central angle of 14°27'41" and a chord 8,859
which bears N 10°47'47" E, 100.69 feet to a 5/8" capped rebar set
at a point of tangency; N 18°01'40" E, 111.22 feet to a 5/8" 8,860
capped rebar set at a point of curvature; northeasterly, 189.34 8,861
feet along the arc of a curve deflecting to the right, having a 8,862
radius of 150.00 feet, a central angle of 72°19'01" and a chord 8,863
which bears 54°11'11" E, 177.01 feet to the north long of said 8,864
township and the centerline of Sagamore Road; thence, S 89°39'19" 8,865
E, along the north line of said Township, 1214.91 feet to a 8,866
point; thence, S 89°53'49" E, continuing on the north line of
said Township 1301.49 feet to a point; thence, S 89°40'02" E, 8,867
along the north line of said Township, 555.03 feet to True Place 8,868
of Beginning and containing 282.505 acres of land but subject to 8,869
all legal highways, easements and restrictions, if any, as 8,870
surveyed by Robert J. Warner, P.S., Number 6931 for Environmental 8,871
Design Group, Inc. in August of 1996. The Basis of Bearings for 8,872
the above described parcel is grid north of the Ohio State Plane
Coordinate System, North Zone. 8,874
Deed references: Volume 86, page 307 8,876
Volume 1085, page 520 8,877
Volume 1116, page 297 8,878
Volume 1838, page 1 8,879
Volume 1935, page 530 8,880
Volume 3678, page 152 8,881
(B) Consideration for conveyance of the real estate 8,883
described in division (A) of this section is the purchase price 8,884
of $1,600,000.
(C) The Trust for Public Land shall pay the costs of the 8,886
conveyance of the real estate described in division (A) of this 8,887
section. Proceeds from the sale shall be deposited in the 8,888
Department of Mental Health Trust Fund in accordance with section 8,889
5119.18 of the Revised Code.
(D) Within thirty days after the effective date of this 8,891
202
section, the Trust for Public Land shall have both the financing 8,892
plan and the time frame for closing of property approved by the 8,893
Department of Mental Health. If the Trust for Public Land fails 8,894
to comply with this requirement within such thirty days, or 8,895
within an extended time frame agreed to by the state, by and
through the Department of Mental Health, the state may 8,896
immediately terminate its obligation to proceed with the 8,897
conveyance of the real estate described in division (A) of this 8,899
section.
(E) Within one year after the effective date of this 8,901
section, and upon payment of the purchase price by the Trust for 8,902
Public Land, the Auditor of State, with the assistance of the 8,903
Attorney General, shall prepare a deed to the real estate 8,904
described in division (A) of this section. The deed shall state 8,905
consideration specified in division (B) of this section and the
costs associated with division (C) of this section. The deed 8,906
shall be executed by the Governor in the name of the state, 8,907
countersigned by the Secretary of State, sealed with the Great 8,908
Seal of the State, presented in the Office of the Auditor of 8,909
State for recording, and delivered to the Trust for Public Land.
The Trust for Public Land shall present the deed for recording in 8,910
the Office of the Cuyahoga County Recorder and the Office of the 8,911
Summit County Recorder.
(F) This section expires one year after its effective 8,913
date.
Section 80. Development of the Site of the Old State 8,915
School for the Blind 8,916
Notwithstanding any other provision of law, the Department 8,918
of Administrative Services is hereby authorized, with the 8,919
approval of the Controlling Board, to enter into a lease for a 8,920
period not to exceed ninety-nine years, with the City of Columbus 8,921
or a developer, in accordance with this section, for the
following described real estate: 8,922
Being all of those lands conveyed to the State of Ohio by 8,924
203
Deeds of Record in the Franklin County Recorder's Office, also 8,925
being a part of Half Section 24, Township 5, Range 22, Refugee 8,926
Lands and bounded as follows:
On the West by the East Right-of-Way line of Parsons 8,928
Avenue, on the North by the South line of a Bryden Alley, a part 8,929
of George M. Parsons Subdivision of record in Plat Book 3, page 8,930
316, Recorder's Office, Franklin County, Ohio, on the East by the 8,931
West Right-of-Way line of Allen Avenue and on the South by the
North Right-of-Way line of East Main Street and containing 11.1 8,932
Acres, more or less, subject, however to any existing easements 8,933
and rights-of-way.
"Developer," as used in this section, has the same meaning 8,935
as in section 123.77 of the Revised Code. The Department of 8,936
Administrative Services may solicit development proposals from 8,937
the City of Columbus or developers. A selection shall be made on 8,938
the basis of the proposal that serves the best interest of the 8,939
state as determined by the Department of Administrative Services. 8,940
Such a lease shall be for the purpose of the redevelopment 8,942
of the land and buildings. The City of Columbus or a developer 8,943
desiring to lease the land shall prepare for submission to the 8,944
Department a plan for development. Plans shall include 8,945
provisions for roads, sewers, water lines, waste disposal, water 8,946
supply, and similar matters to meet the requirements of state and
local laws. The plans shall also include provision for 8,947
protection of the property by insurance or otherwise, and plans 8,948
for financing the development, and shall set forth details of the 8,949
City of Columbus' or the developer's financial responsibility. 8,950
The Department may employ, as employees or consultants, 8,952
persons needed to assist in reviewing the development plans. 8,953
Those persons may include attorneys, financial experts, 8,954
engineers, and necessary experts. The department shall review 8,956
the development plans and may enter into a lease if it finds all
of the following: 8,957
(A) The best interests of the state will be promoted by 8,959
204
entering into a lease; 8,960
(B) The development plans are satisfactory; 8,962
(C) The City of Columbus or the developer has established 8,964
its financial responsibility and satisfactory plans for financing 8,965
the development.
The lease shall contain a provision that construction or 8,967
renovation of the buildings, roads, structures, and necessary 8,968
facilities shall begin within one year after the date of the 8,969
lease and shall proceed according to a schedule agreed to between 8,970
the department and the City of Columbus or the developer;
otherwise the lease shall be terminated. The lease shall contain 8,971
such conditions and stipulations as the Director considers 8,972
necessary to preserve the best interest of the state. The lease 8,973
may contain a provision authorizing a lease purchase option for 8,974
the fair market value of the real estate described above. Moneys 8,975
received by the state pursuant to this lease or sale shall be
paid in to the General Revenue Fund. In the event of development 8,976
by a developer established pursuant to Chapter 1724. of the 8,977
Revised Code, the lease shall provide that at the end of the 8,978
lease period the buildings, structures, and related improvements 8,979
shall become the property of the state without cost.
Section 81. Support for the AVLIS Production Facility 8,981
The General Assembly hereby expresses its support of the 8,983
efforts of the Department of Development to attract to Ohio an 8,984
atomic vapor laser isotope separation (AVLIS) production facility 8,985
to be located at the Portsmouth Gaseous Diffusion Plant in 8,986
Piketon. It is the intent of the General Assembly, in support of 8,987
the creation and retention of jobs at the Piketon facility, the
conversion to civilian purposes of facilities previously 8,988
dedicated to defense production purposes, and the general 8,989
economic development of the Southern region of Ohio, to provide 8,990
resources consistent with the department's proposal for 8,991
infrastructure and job training support should the department be
successful in attracting the facility to Ohio. 8,992
205
Section 82. (A) The employees of the Department of Mental 8,994
Health who are employed at the Central Laboratory of the Office 8,995
of Support Services shall be transferred on the effective date of 8,996
this section to the employment of the Department of 8,997
Rehabilitation and Correction. With regard to the transfer, the
Department of Rehabilitation and Correction and the Department of 8,998
Mental Health shall enter into agreement with respect to the 8,999
delivery of laboratory services and the classification of the 9,000
positions of employees who are transferred to the Department of 9,001
Rehabilitation and Correction.
If the Department of Rehabilitation and Correction 9,003
classifies a position of an employee transferred from the 9,004
Department of Mental Health in the same or a similar 9,005
classification as that given to that position by the Department
of Mental Health, the employee holding that position shall be 9,006
transferred to that classification in the Department of 9,007
Rehabilitation and Correction. If an employee transferred to the 9,008
Department of Rehabilitation and Correction cannot be transferred 9,009
to a position in such a same or similar classification, the
employee shall be transferred to a position in an appropriate 9,010
classification in the Department, as certified by the Director of 9,011
Administrative Services. All employees transferred shall suffer 9,012
no harm and retain their respective civil service classification 9,013
and status together with all rights they may have under Chapter 9,014
124. or 4117. of the Revised Code, including rights, benefits,
and privileges provided by collective bargaining agreements 9,015
negotiated pursuant to Chapter 4117. of the Revised Code. 9,016
Notwithstanding section 124.13 of the Revised Code, those 9,017
employees shall retain all vacation leave and other benefits they 9,018
earned as employees of the Department of Mental Health.
(B) Equipment, inventory, and supplies belonging to the 9,020
Central Laboratory of the Office of Support Services of the 9,021
Department of Mental Health that are needed for use in the 9,022
Department of Rehabilitation and Correction laboratory shall be 9,023
206
transferred on the effective date of this section along with the
laboratory services and employees described in division (A) of 9,024
this section.
Section 83. That Sections 20, 29, 40, and 112 of Am. Sub. 9,026
H.B. 215 of the 122nd General Assembly be amended to read as 9,028
follows:
"Sec. 20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 9,030
General Revenue Fund 9,032
GRF 100-402 Unemployment 9,035
Compensation $ 142,825 $ 137,747 9,037
GRF 100-405 Agency Audit Expenses $ 819,538 $ 434,408 9,041
GRF 100-406 County Personnel 9,043
Services $ 1,226,010 $ 1,308,378 9,045
GRF 100-408 Buy Ohio Promotions $ 23,765 $ 24,359 9,049
GRF 100-409 Departmental 9,051
Information Services $ 1,291,573 $ 1,321,103 9,053
GRF 100-412 Information Center $ 1,067,449 $ 1,095,203 9,057
GRF 100-414 Ohio Geographically 9,059
Referenced
Information Program $ 616,902 $ 631,383 9,061
GRF 100-416 Strategic Technology $ 4,864,784 $ 4,931,830 9,065
GRF 100-417 MARCS $ 3,374,984 $ 4,125,310 9,069
GRF 100-419 SOMACS $ 4,807,130 $ 4,927,123 9,073
GRF 100-420 Suggestion Awards $ 168,634 $ 170,975 9,077
GRF 100-429 Agency Business 9,079
Support Services $ 1,388,806 $ 1,385,439 9,081
GRF 100-430 Year 2000 Assistance $ 8,013,493 $ 5,261,984 9,085
GRF 100-431 Set Aside Review 9,087
Board $ 87,181 $ 79,620 9,089
GRF 100-433 State of Ohio 9,091
Computer Center $ 4,937,702 $ 5,087,138 9,093
GRF 100-435 State Government 9,095
Energy Program $ 429,256 $ 437,832 9,097
207
GRF 100-438 ODOT BUILDING 9,099
PAYMENTS $ 0 $ 1,000,000 9,101
GRF 100-447 OBA - Building Rent 9,103
Payments $ 71,764,000 $ 80,914,000 9,105
GRF 100-448 OBA - Building 9,107
Operating Payments $ 25,498,000 $ 25,498,000 9,109
GRF 100-449 DAS - Building 9,111
Operating Payments $ 4,035,679 $ 4,054,301 9,113
GRF 100-451 Minority Affairs $ 124,827 $ 125,953 9,117
GRF 100-734 Major Maintenance $ 100,000 $ 100,000 9,121
GRF 102-321 EOC Compliance $ 1,494,373 $ 1,355,596 9,125
GRF 130-321 Bureau of Real Estate $ 2,254,317 $ 2,315,294 9,129
TOTAL GRF General Revenue Fund $ 138,531,228 $ 145,722,976 9,132
General Services Fund Group 9,135
112 100-616 Director's Office $ 4,572,437 $ 4,687,063 9,140
115 100-632 Central Service 9,142
Agency $ 409,735 $ 412,518 9,144
117 100-644 General Services 9,146
Administration $ 5,551,419 $ 5,937,495 9,148
122 100-637 Fleet Management $ 1,394,647 $ 1,432,988 9,152
125 100-622 Personnel Services $ 16,222,008 $ 16,723,131 9,156
127 100-627 Vehicle Liability 9,158
Insurance $ 3,924,959 $ 4,034,239 9,160
128 100-620 Collective Bargaining $ 3,652,897 $ 3,675,550 9,164
130 100-606 State Insurance Pool $ 99,983 $ 102,658 9,168
131 100-639 State Architect's 9,170
Office $ 5,989,051 $ 6,058,112 9,172
132 100-631 Facilities Management $ 7,761,319 $ 7,932,202 9,176
188 100-649 State EOC $ 2,219,080 $ 2,051,620 9,180
201 100-653 General Services 9,182
Resale Merchandise $ 1,891,357 $ 1,944,315 9,184
210 100-612 State Printing $ 5,688,995 $ 5,831,735 9,188
4H2 100-604 Governor's Residence 9,190
Gift $ 20,560 $ 21,136 9,192
208
427 100-602 Investment Recovery $ 3,110,486 $ 3,197,752 9,196
4P3 100-603 Departmental MIS 9,198
Services $ 5,633,414 $ 6,118,350 9,200
5C2 100-605 MARCS Administration $ 0 $ 2,988,056 9,204
5C3 100-608 Skilled Trades $ 2,112,280 $ 2,164,039 9,208
5D7 100-621 Workforce Development $ 4,000,000 $ 8,000,000 9,212
TOTAL GSF General Services Fund 9,213
Group $ 74,254,627 $ 83,312,959 9,216
Intragovernmental Service Fund Group 9,219
123 100-613 Telecommunications $ 35,623,686 $ 36,609,209 9,224
133 100-607 Computer Services $ 44,107,222 $ 45,958,060 9,228
4N6 100-617 Equipment Purchases $ 5,988,546 $ 18,588,924 9,232
TOTAL ISF Intragovernmental 9,233
Service Fund Group $ 85,719,454 $ 101,156,193 9,236
Agency Fund Group 9,239
113 100-628 Unemployment 9,242
Compensation $ 4,525,227 $ 4,651,933 9,244
124 100-629 Payroll Withholding $1,650,000,000 $1,700,000,000 9,248
TOTAL AGY Agency Fund Group $1,654,525,227 $1,704,651,933 9,251
Holding Account Redistribution Fund Group 9,254
R08 100-646 General Services 9,257
Refunds $ 16,000 $ 17,000 9,259
TOTAL 090 Holding Account 9,260
Redistribution Fund Group $ 16,000 $ 17,000 9,263
TOTAL ALL BUDGET FUND GROUPS $1,953,046,536 $2,034,861,061 9,266
ODOT BUILDING PAYMENTS 9,270
THE FOREGOING APPROPRIATION ITEM 100-438, ODOT BUILDING 9,273
PAYMENTS, SHALL BE USED AS THE FIRST INSTALLMENT TOWARD
COMPENSATING THE DEPARTMENT OF TRANSPORTATION FOR THE PROPERTY 9,274
LOCATED AT 25 SOUTH FRONT STREET, COLUMBUS, OHIO. IN FISCAL YEAR 9,276
1999, THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL TRANSFER 9,277
$1,000,000 IN CASH FROM THE GENERAL REVENUE FUND TO THE OHIO 9,279
DEPARTMENT OF TRANSPORTATION USING AN INTRASTATE TRANSFER 9,280
VOUCHER. THE DIRECTOR OF TRANSPORTATION SHALL DEPOSIT THE CASH 9,281
209
INTO THE HIGHWAY OPERATING FUND (FUND 002). 9,282
Sec. 29. AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION 9,284
General Revenue Fund 9,286
GRF 371-321 Operating Expenses $ 727,906 $ 837,906 9,291
GRF 371-401 Lease Rental Payments $ 15,903,000 $ 24,775,000 9,295
TOTAL GRF General Revenue Fund $ 16,630,906 $ 25,612,906 9,298
General Services Fund Group 9,301
4T8 371-601 Administration Fund $ 20,560 $ 21,136 9,306
5A1 371-602 Capital Donations $ 1,000,000 $ 1,000,000 9,310
-0- 9,311
TOTAL GSF General Services Fund 9,312
Group $ 1,020,560 $ 1,021,136 9,315
TOTAL ALL BUDGET FUND GROUPS $ 17,651,466 $ 26,634,042 9,318
25,634,042 9,319
Capital Donations Fund 9,322
The Executive Director of the Arts and Sports Facilities 9,324
Commission shall certify to the Director of Budget and Management 9,325
the amount of cash receipts and related investment income, 9,326
irrevocable letters of credit from a bank or private nonprofit 9,327
entity, or certification of the availability of funds which have 9,328
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 9,329
line APPROPRIATION item 371-602, Capital Donations. Prior to 9,331
certifying these amounts to the director, the executive director 9,332
shall make a written agreement with the participating entity on 9,333
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 9,334
Ohio Building Authority Lease Payments 9,336
Appropriations to the Arts and Sports Facilities Commission 9,338
from the General Revenue Fund include $40,678,000 for the 9,339
biennium for appropriation item 371-401, Lease Rental Payments. 9,340
This appropriation shall be used for payments to the Ohio 9,341
Building Authority for the period July 1, 1997 to June 30, 1999, 9,342
pursuant to the primary leases and agreements for those buildings 9,343
210
made under Chapter 152. of the Revised Code which are the source 9,344
of funds pledged for bond service charges on related obligations 9,345
issued pursuant to Chapter 152. of the Revised Code. 9,346
Sec. 40. CEB CONTROLLING BOARD 9,348
General Revenue Fund 9,350
GRF 911-401 Emergency 9,353
Purposes/Contingencies$ 6,000,000 $ 6,000,000 9,355
GRF 911-402 Employee Compensation 9,357
Adjustment $ 31,700,000 $ 62,300,000 9,359
GRF 911-403 School District 9,361
Financial Planning $ 250,000 $ 250,000 9,363
GRF 911-404 Mandate Assistance $ 2,800,000 $ 2,800,000 9,367
GRF 911-423 Army National Guard $ 800,000 $ 0 9,371
GRF 911-430 Emergency 9-1-1 9,373
Training $ 250,000 $ 250,000 9,375
GRF 911-433 AFIT $ 500,000 $ 3,500,000 9,379
GRF 911-436 Rural Fire 9,381
Departments $ 250,000 $ 250,000 9,383
GRF 911-440 Airport Improvements $ 2,000,000 $ 2,000,000 9,387
TOTAL GRF General Revenue Fund $ 44,550,000 $ 77,350,000 9,390
State Special Revenue Fund Group 9,392
5E2 911-601 Disaster Services $ 37,164,000 $ 0 9,397
31,868,347 9,398
TOTAL SSR State Special 9,399
Revenue Fund Group $ 37,164,000 $ 0 9,402
31,868,347 9,403
TOTAL ALL BUDGET FUND GROUPS $ 81,714,000 $ 77,350,000 9,406
109,218,347 9,407
Federal Share 9,410
In transferring appropriations to or from appropriation 9,412
line items which have federal shares identified in this act AM. 9,414
SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, the Controlling 9,415
Board shall add or subtract corresponding amounts of federal 9,416
matching funds at the percentages indicated by the state and 9,417
211
federal division of the appropriations in this act H.B. 215. 9,419
Such changes are hereby appropriated. 9,420
Disaster Assistance 9,422
Pursuant to requests submitted by the Department of Public 9,424
Safety, the Controlling Board may approve transfers from the 9,425
foregoing appropriation item 911-401, Emergency 9,426
Purposes/Contingencies, to a Department of Public Safety General 9,427
Revenue Fund line APPROPRIATION item to provide funding for 9,428
assistance to political subdivisions made necessary by natural 9,429
disasters or emergencies. Such transfers may be requested and 9,430
approved prior to the occurrence of any specific natural 9,431
disasters or emergencies in order to facilitate the provision of 9,432
timely assistance. The Emergency Management Agency of the
Department of Public Safety shall use such funding for disaster 9,433
aid requests which meet Controlling Board criteria for 9,434
assistance. The department shall submit a report to the 9,435
Controlling Board quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 9,437
The Office of Criminal Justice Services and the Public 9,439
Defender Commission may each request, upon approval of the 9,440
Director of Budget and Management, additional funds from the 9,441
foregoing appropriation item 911-401, Emergency 9,442
Purposes/Contingencies, for costs related to the disturbance that 9,443
occurred on April 11, 1993, at the Southern Ohio Correctional 9,444
Facility in Lucasville, Ohio. 9,445
Disaster Services 9,447
The foregoing appropriation item 911-601, Disaster 9,449
Services, which is hereby created in the state treasury, shall be 9,450
used by the Controlling Board, pursuant to requests submitted by 9,451
state agencies, to transfer cash and appropriation authority to 9,452
any fund of the state for the payment of state agency program 9,453
expenses related to the FOLLOWING: 9,454
(1) THE southern Ohio flooding, referred to as 9,457
FEMA-DR-1164-OH, and, if;
212
(2) THE FLOOD/STORM DISASTER REFERRED TO AS 9,461
FEMA-DR-1227-OH; AND
(3) IF the Director of Budget and Management determines 9,465
that sufficient funds exist beyond the expected program costs of 9,466
the southern Ohio flooding THESE TWO DISASTERS, other disasters 9,467
declared by the Governor. 9,468
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER 9,471
$26,200,000 FROM THE GENERAL REVENUE FUND TO FUND 5E2, DISASTER 9,472
SERVICES FUND, OF THE CONTROLLING BOARD. 9,473
Employee Compensation 9,475
Notwithstanding division (D) of section 127.14 and division 9,477
(B) of section 131.35 of the Revised Code, except for the General 9,478
Revenue Fund, the Controlling Board may, upon the request of 9,479
either the Director of Budget and Management, or a state agency 9,480
with the approval of the Director of Budget and Management, 9,481
increase appropriations for any fund, as necessary for the 9,482
various state agencies, to assist in paying the costs of 9,483
increases in employee compensation that occur on or after July 1, 9,484
1997, that are provided pursuant to collective bargaining 9,485
agreements under Chapter 4117. of the Revised Code and the costs 9,486
of increased compensation provided for employees that are exempt 9,487
from collective bargaining. 9,488
The Controlling Board may transfer appropriations from the 9,490
foregoing appropriation item 911-402, Employee Compensation 9,491
Adjustment, to the various agencies based on requests submitted 9,492
by the Director of Budget and Management to assist in paying for 9,493
the General Revenue Fund's share of employee compensation 9,494
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 9,495
compensation that are provided to employees that are exempt from 9,496
collective bargaining.
School District Financial Planning 9,498
The foregoing appropriation item 911-403, School District 9,500
Financial Planning, shall be used to pay costs of implementing 9,501
213
school district watch and fiscal emergency provisions of sections 9,503
3316.01 to 3316.08 of the Revised Code, including the expenses of 9,504
the School District Financial Planning and Supervision 9,505
Commission. Upon the request of any agency involved in 9,506
implementing the school district watch or fiscal emergency
provisions, the Controlling Board may transfer all or part of the 9,508
appropriation to the agency.
Mandate Assistance 9,510
(A) The foregoing appropriation item 911-404, Mandate 9,512
Assistance, shall be used to provide financial assistance to 9,513
local units of government, school districts, and fire departments 9,515
for the cost of the following four unfunded state mandates: 9,516
(1) The cost to county boards of elections for advertising 9,518
state ballot issues; 9,519
(2) The cost to county prosecutors for prosecuting certain 9,521
felonies that occur on the grounds of state institutions operated 9,523
by the Department of Rehabilitation and Correction and the 9,524
Department of Youth Services;
(3) The cost, primarily to small villages and townships, 9,526
of providing firefighter training and equipment or gear; and 9,527
(4) The cost to school districts of in-service training 9,529
for child abuse detection. 9,530
(B) The State and Local Government Commission may prepare 9,532
and submit to the Controlling Board one or more requests to 9,533
transfer appropriations from appropriation item 911-404, Mandate 9,534
Assistance, to the state agencies charged with administering the 9,535
state financial assistance to be provided under this section. 9,536
The state agencies charged with this administrative 9,538
responsibility are listed below, as well as the estimated annual 9,539
amounts that the commission may propose be used for each program 9,541
of state financial assistance. 9,542
Administering Estimated Annual 9,547
Program Agency Amount 9,550
Advertising Costs Ohio Ballot Board $800,000 9,554
214
Prosecution Costs Office of Criminal 9,556
Justice Services $200,000 9,558
Firefighter Training Department of 9,560
Costs Commerce $1,000,000 9,561
Child Abuse Detection Department of 9,563
Training Costs Education $800,000 9,564
(C) Subject to the total amount appropriated in each 9,567
fiscal year for appropriation item 911-404, Mandate Assistance, 9,568
the commission may propose to the Controlling Board that amounts 9,570
smaller or larger than these estimated annual amounts be 9,571
transferred to each program. 9,572
(D) In addition to making the initial transfers requested 9,574
by the commission, the Controlling Board may, if requested by the 9,576
commission, transfer appropriations received by a state agency 9,578
under this section back to appropriation item 911-404, Mandate 9,579
Assistance, or to one or more of the other programs of state 9,580
financial assistance identified under this section. 9,581
(E) It is expected that not all costs incurred by local 9,583
units of government, school districts, and fire departments under 9,584
each of the four programs of state financial assistance 9,585
identified under this section will be fully reimbursed by the 9,586
state. Reimbursement levels may vary by program and will be 9,587
based on: the relationship between the appropriation transfers 9,588
requested by the commission and provided by the Controlling Board 9,589
for each of the programs; the rules and procedures established 9,591
for each program by the commission and the administering state 9,592
agency; and the actual costs incurred by local units of 9,594
government, school districts, and fire departments. 9,595
(F) Each of these programs of state financial assistance 9,597
shall be carried out as follows: 9,598
(1) Advertising Costs 9,600
Appropriations may be transferred to the Ohio Ballot Board 9,602
for use as full or partial reimbursement to county boards of 9,603
elections for the cost of public notices associated with 9,604
215
statewide ballot initiatives. 9,605
(2) Prosecution Costs 9,607
(a) Appropriations may be transferred to the Office of 9,609
Criminal Justice Services to cover local prosecution costs for 9,610
aggravated murder, murder, felonies of the first degree, and 9,611
felonies of the second degree that occur on the grounds of 9,612
institutions operated by the Department of Rehabilitation and 9,613
Correction and the Department of Youth Services on or after July 9,614
1, 1995.
(b) Upon a delinquency filing in juvenile court or the 9,616
return of an indictment for aggravated murder, murder, or any 9,617
felony of the first or second degree that was committed at a 9,618
Department of Youth Services or a Department of Rehabilitation 9,619
and Correction institution, the affected county may, in 9,620
accordance with rules that the Office of Criminal Justice 9,621
Services shall adopt, apply to the Office of Criminal Justice 9,622
Services for a grant to cover all documented costs that are 9,623
incurred by the county prosecutor's office. 9,624
(c) Twice each year, the Office of Criminal Justice 9,626
Services shall designate counties to receive grants from those 9,628
counties that have submitted one or more applications in 9,629
compliance with the rules that have been adopted by the Office of 9,630
Criminal Justice Services for the receipt of such grants. In 9,631
each year's first round of grant awards, if sufficient 9,632
appropriations have been appropriated, up to a total of $100,000 9,633
may be awarded. In each year's second round of grant awards, the 9,635
remaining appropriations available for this purpose may be 9,636
awarded.
(d) If for a given round of grants there are insufficient 9,638
appropriations to make grant awards to all of the eligible 9,639
counties, the first priority shall be given to counties with 9,640
cases involving aggravated murder and murder, second priority 9,641
shall be given to cases involving a felony of the first degree, 9,643
and third priority shall be given to cases involving a felony of 9,644
216
the second degree. Within these priorities, the grant awards 9,645
shall be based on the order in which the applications were 9,646
received, except that applications for cases involving a felony 9,647
of the first or second degree shall not be considered in more 9,648
than two consecutive rounds of grant awards.
(3) Firefighter Training Costs 9,650
Appropriations may be transferred to the Department of 9,652
Commerce for use as full or partial reimbursement to local units 9,653
of government and fire departments for the cost of firefighter 9,654
training and equipment or gear. In accordance with rules that 9,655
the department shall adopt, a local unit of government or fire 9,656
department may apply to the department for a grant to cover all 9,657
documented costs that are incurred to provide firefighter 9,658
training and equipment or gear. The department shall make grants 9,659
within the limits of the funding provided, with priority given to 9,661
fire departments that serve small villages and townships.
(4) Child Abuse Detection Training Costs 9,663
Appropriations may be transferred to the Department of 9,665
Education for disbursement to local school districts as full or 9,666
partial reimbursement for the cost of providing in-service 9,667
training for child abuse detection. In accordance with rules 9,668
that the department shall adopt, a local school district may 9,669
apply to the department for a grant to cover all documented costs 9,670
that are incurred to provide in-service training for child abuse 9,671
detection. The department shall make grants within the limits of 9,672
the funding provided. 9,673
Army National Guard 9,675
If the Director of Administrative Services sells a parcel 9,677
of land to a village or municipal corporation pursuant to 9,678
division (B)(1) of Section 2 of Am. Sub. H.B. 376 of the 121st 9,679
General Assembly, or to a county pursuant to division (B)(2) of 9,680
Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly, the 9,682
village, municipal corporation, or county, after making the offer 9,683
to purchase the parcel, may request that the Office of Budget and 9,684
217
Management approach the Controlling Board for release of up to 50 9,685
per cent of the sale price from the foregoing appropriation item 9,686
911-423, Army National Guard, to the political subdivision. The 9,687
amount approved by the Controlling Board shall be transferred to 9,688
the Office of Budget and Management's appropriation item 042-404, 9,689
Armory Reimbursement, whereupon the Director of Budget and 9,690
Management shall act as the fiscal agent for the payment. Any 9,691
amounts so transferred are hereby appropriated. Any amount not 9,692
released in fiscal year 1998 shall be transferred to fiscal year 9,693
1999 and is hereby appropriated. 9,694
Notwithstanding division (D) of Section 2 of Am. Sub. H.B. 9,696
376 of the 121st General Assembly, if a village, municipal 9,698
corporation, or county that receives a payment pursuant to this 9,699
section sells the parcel within two years after purchasing it, 9,700
the political subdivision shall pay to the state both of the 9,701
following:
(A) An amount equal to the payment made pursuant to this 9,703
section. Such payment shall be deposited to the credit of the 9,704
General Revenue Fund. 9,705
(B) An amount equal to one-half of any net profits from the 9,707
sale. Such payment shall be deposited to the credit of the 9,708
Armory Improvements Fund created pursuant to section 5911.10 of 9,709
the Revised Code. 9,710
Net profit shall be calculated by subtracting from the 9,712
selling price of the parcel the original purchase price paid by 9,713
the political subdivision and any expenditures by the political 9,714
subdivision for the public improvements on the parcel. 9,715
Upon disposing of all parcels pursuant to Section 2 of Am. 9,717
Sub. H.B. 376 of the 121st General Assembly, the Adjutant General 9,719
may request release of any amount remaining in appropriation item 9,720
911-423, Army National Guard, to be used exclusively for the 9,721
purpose of armory maintenance and repair.
Emergency 9-1-1 Training 9,723
Of the foregoing appropriation item 911-430, Emergency 9,725
218
9-1-1 Training, any unencumbered and unallotted fiscal year 1998 9,726
amounts shall be transferred by the Director of Budget and 9,727
Management to appropriation item 911-430, Emergency 9-1-1 9,728
Training, in fiscal year 1999. Those amounts so transferred from 9,729
fiscal year 1998 to fiscal year 1999 are hereby appropriated. 9,730
AFIT 9,732
Of the foregoing appropriation item 911-433, AFIT, no funds 9,734
shall be released in fiscal year 1998 or fiscal year 1999 until 9,735
the Board of Regents present to the Controlling Board a spending 9,736
plan for AFIT, subsequent to the consortium of universities 9,737
unanimously agreeing on such plan. 9,738
Rural Fire Departments 9,740
Upon the passage of legislation by the 122nd General 9,742
Assembly, the Department of Commerce may apply for release of 9,743
funds from the foregoing appropriation item 911-436, Rural Fire 9,744
Departments. 9,745
Sec. 112. SLC OHIO STUDENT AID COMMISSION 9,747
State Special Revenue Fund Group 9,749
462 373-603 Operating Expenses $ 2,586,603 $ 0 9,754
15,000 9,755
TOTAL SSR State Special Revenue 9,756
Fund Group $ 2,586,603 $ 0 9,759
15,000 9,760
TOTAL ALL BUDGET FUND GROUPS $ 2,586,603 $ 0 9,763
15,000 9,764
Commission Termination Authority 9,767
The foregoing appropriation item 373-603, Operating 9,769
Expenses, shall be used by the Director of Budget and Management 9,771
to satisfy any outstanding financial obligations of the Ohio 9,772
Student Aid Commission. The appropriation item may also be used 9,773
to incur any new obligations associated with the termination of 9,774
the operations of the Student Aid Commission. The AFTER ALL 9,775
OBLIGATIONS HAVE BEEN MET, THE Director shall transfer DISBURSE 9,776
any unobligated balance in the Operating Expenses Fund (Fund 9,778
219
462), remaining on NO LATER THAN June 30, 1998 1999, to such 9,779
entity as shall be designated by written directive of the federal 9,781
agency responsible for administering the Federal Family Education 9,782
Loan Program. Amounts necessary to complete MAKE this transfer 9,783
DISBURSEMENT are hereby appropriated. The Director of Budget and 9,784
Management shall take such actions as are necessary to complete 9,785
the termination of the operations of the Ohio Student Aid 9,786
Commission and may take steps to request of the General Assembly 9,787
the repeal of the Commission's statutes and the rescissions of 9,789
the Commission's rules."
Section 84. That existing sections 20, 29, 40, and 112 of 9,791
Am. Sub. H.B. 215 of the 122nd General Assembly are hereby 9,793
repealed.
Section 85. Section 40 of Am. Sub. H.B. 215 of the 122nd 9,795
General Assembly as amended by this act is not subject to the 9,796
referendum. Therefore, under Ohio Constitution, Article II, 9,797
Section 1d and section 1.471 of the Revised Code, the section as 9,798
amended by this act goes into immediate effect when this act
becomes law. 9,799
Section 86. That Section 190 of Am. Sub. H.B. 215 of the 9,801
122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 9,802
122nd General Assembly, be amended to read as follows: 9,803
"Sec. 190. Ohio Departments Building 9,805
(A) As used in this section: 9,807
(1) "Repair and renovate" and "repair and renovation" 9,809
include, but are not limited to, planning, programming, design, 9,810
constructions, furnishing, and equipping of the Ohio Departments 9,811
Building;.
(2) "Appropriation" means appropriation items CAP-815 and 9,814
CAP-849 in Section 28 of Am. H.B. 748 of the 121st General 9,815
Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in 9,819
Section 15.02 of Am. Sub. S.B. 264 of the 121st General Assembly,
and any subsequent appropriations made to or for the benefit of 9,822
the Supreme Court for the repair and renovation of the Ohio 9,823
220
Departments Building.
(B) The appropriation shall be used by or at the direction 9,825
of the Supreme Court of Ohio for the repair and renovation of the 9,826
Ohio Departments Building as follows: 9,827
(1) A portion shall be used by the Department of 9,829
Administrative Services for the repair and renovation of the 9,830
exterior, roof, and grounds of the Ohio Departments Building;. 9,831
(2) The remaining portion shall be used after January 1, 9,833
1998 by the Ohio Building Authority for other expenses associated 9,834
with the repair and renovation of the Ohio Departments Building, 9,835
including, but not limited to, the interior and grounds of the 9,836
Building.
(C) The TO USE THAT PORTION OF THE APPROPRIATION MADE TO 9,838
THE DEPARTMENT OF ADMINISTRATIVE SERVICES, THE Ohio Building 9,840
Authority, with the prior approval of the Supreme Court, shall 9,842
submit a plan and cost estimate of repair and renovation set
forth in division (B)(2) of this section to the Department of 9,843
Administrative Services. Based upon the plan, the Director of 9,844
Administrative Services shall request the Director of Budget and 9,845
Management to release from the appropriation the estimated 9,846
amount. The Director of Budget and Management may release the 9,847
appropriation and, upon that release, the Director of 9,848
Administrative Services shall transfer the amount released to the 9,849
Ohio Building Authority, which shall use the moneys, and any 9,850
investment earnings on the moneys and other available receipts as 9,852
defined in section 152.09 of the Revised Code, to pay the costs 9,853
of the repair and renovation.
TO USE THAT PORTION OF THE APPROPRIATION MADE TO THE 9,856
JUDICIARY/SUPREME COURT, THE ADMINISTRATIVE DIRECTOR OF THE 9,858
SUPREME COURT SHALL REQUEST THE DIRECTOR OF BUDGET AND MANAGEMENT 9,860
TO RELEASE FROM THE APPROPRIATION THE AMOUNT NEEDED. THE 9,861
DIRECTOR OF BUDGET AND MANAGEMENT MAY RELEASE THE APPROPRIATION 9,862
AND, UPON THAT RELEASE, THE ADMINISTRATIVE DIRECTOR OF THE 9,864
SUPREME COURT SHALL TRANSFER THE AMOUNT RELEASED TO THE OHIO 9,866
221
BUILDING AUTHORITY, WHICH SHALL USE THE MONEYS, AND ANY 9,868
INVESTMENT EARNINGS ON THE MONEYS AND OTHER AVAILABLE RECEIPTS AS
DEFINED IN SECTION 152.09 OF THE REVISED CODE, TO PAY THE COSTS 9,869
OF THE REPAIR AND RENOVATION.
(D) Upon completion of the repair and renovation: 9,871
(1) Any moneys received by the Ohio Building Authority for 9,874
the repair and renovation that have not been used shall be 9,875
refunded to the Department of Administrative Services 9,876
JUDICIARY/SUPREME COURT for deposit into Fund 026;. 9,877
(2) The Supreme Court shall own, operate, and manage the 9,879
Ohio Departments Building. 9,880
(E) The Supreme Court may enter into contracts or other 9,882
agreements with the Department of Administrative Services, the 9,883
Ohio Building Authority, another state entity, or a private 9,884
contractor to operate and manage the Ohio Departments Building. 9,885
(F) To assist the Ohio Building Authority, the Department 9,887
of Administrative Services and the Supreme Court may assign, 9,888
amend, or enter into any necessary or appropriate leases, 9,889
contracts, or agreements relating to the Ohio Departments 9,890
Building to or with the Ohio Building Authority upon terms 9,891
satisfactory to all parties.
(G) Repairs and renovations that are made using the 9,893
appropriation are exempt from section 3379.10 of the Revised 9,894
Code, the per cent for arts program."
Section 87. That existing section 190 of Am. Sub. H.B. 215 9,896
of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of 9,897
the 122nd General Assembly, is hereby repealed. 9,898
Section 88. That Section 18 of Am. Sub. H.B. 650 of the 9,900
122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 9,901
122nd General Assembly, be amended to read as follows: 9,902
"Sec. 18. (A) As used in this section: 9,904
(1) "FY 1998 state aid" means the total amount of state 9,906
money received by a school district in FOR fiscal year 1998 as 9,908
reported on the Department of Education's form "SF-12," adjusted 9,909
222
as follows: 9,910
(a) Minus any amounts for approved preschool handicapped 9,913
units;
(b) Minus any additional amount attributable to the 9,916
reappraisal guarantee of division (C) of section 3317.04 of the 9,917
Revised Code;
(c) Plus the amount deducted for payments to an 9,919
educational service center; 9,920
(d) Plus an estimated portion of the state money 9,922
distributed in fiscal year 1998 to other school districts or 9,923
educational service centers for approved units, other than 9,924
preschool handicapped or gifted education units, attributable to 9,925
the costs of providing services in those units to students 9,926
entitled to attend school in the district; 9,927
(e) Minus an estimated portion of the state money 9,929
distributed to the school district in fiscal year 1998 for 9,930
approved units, other than preschool handicapped units or gifted 9,931
education units, attributable to the costs of providing services 9,932
in those units to students entitled to attend school in another 9,933
school district; 9,934
(f) Plus any additional amount paid pursuant to the 9,937
vocational education recomputation required by former Section 9,938
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 9,940
(g) Plus any additional amount paid pursuant to the 9,943
special education recomputation required by former division (I) 9,944
of section 3317.023 of the Revised Code; 9,945
(h) Plus any amount paid for equity aid under section 9,948
3317.0213 of the Revised Code; 9,949
(i) PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO 9,951
SECTION 3317.027 OF THE REVISED CODE; 9,952
(j) PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO A 9,954
RECOMPUTATION MADE UNDER DIVISION (B) OF SECTION 3317.022 OF THE 9,955
REVISED CODE.
(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 9,958
223
state aid," and "FY 2002 state aid" mean the total amount of 9,959
state money a school district is eligible to receive for the 9,960
applicable fiscal year under divisions (A), (B), (C)(1), and (D) 9,961
of section 3317.022 and sections 3317.025 to 3317.028, 3317.027, 9,964
3317.029, 3317.0212, and 3317.0213 of the Revised Code, plus any 9,966
amount for which the district is eligible pursuant to division 9,967
(C) of section 3317.023, divisions (G) and (P) of section 9,968
1317.024 3317.024, and division (B) of section 3317.162 of the 9,970
Revised Code, and prior to any deductions or credits required by 9,972
division (B), (D), (E), (F), (G), (H), (I), (J), or (K) of 9,974
section 3317.023 or division (J) of section 3317.029 of the 9,976
Revised Code.
(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 9,979
actual aid," and "FY 2002 actual aid" means the amount of the 9,980
state aid described in division (A)(2) of this section that was 9,981
actually paid to a school district in the applicable fiscal year 9,982
after the application of divisions (B) to (E) of this section. 9,983
(4) "FY 1998 ADM," "formula ADM," and "three-year average 9,986
formula ADM" have the meanings prescribed in section 3317.02 of 9,987
the Revised Code. 9,988
(5) "All-day kindergarten" has the meaning prescribed in 9,990
section 3317.029 of the Revised Code. 9,991
(B) In fiscal year 1999, notwithstanding any provision of 9,994
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 9,995
(1) 110 per cent of FY 1998 state aid; 9,997
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 10,000
of fiscal year 1999 formula ADM or three-year average formula 10,001
ADM.
If a district's projected FY 1999 state aid is more than 10,003
the greater of division (B)(1) or (2) of this section, such 10,005
district shall receive only the greater of division (B)(1) or (2) 10,007
of this section in fiscal year 1999. 10,008
(C) In fiscal year 2000, notwithstanding any provision of 10,011
224
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 10,012
(1) 110 per cent of FY 1999 actual aid; 10,014
(2) [1.06 X (FY 1999 actual aid/fiscal year 1999 formula 10,017
ADM)< X the greater of fiscal year 2000 formula ADM or three-year 10,018
average formula ADM.
If a district's projected FY 2000 state aid is more than 10,020
the greater of division (C)(1) or (2) of this section, such 10,021
district shall receive only the greater of division (C)(1) or (2) 10,023
of this section in fiscal year 2000. 10,024
(D) In fiscal year 2001, notwithstanding any provision of 10,027
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 10,028
(1) 110 per cent of FY 2000 actual aid; 10,031
(2) [1.06 X (FY 2000 actual aid/fiscal year 2000 formula 10,034
ADM)< X the greater of fiscal year 2001 formula ADM or three-year 10,035
average formula ADM.
If a district's projected FY 2001 state aid is more than 10,037
the greater of division (D)(1) or (2) of this section, such 10,039
district shall receive only the greater of division (D)(1) or (2) 10,042
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 10,045
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 10,046
(1) 110 per cent of FY 2001 actual aid; 10,049
(2) [1.06 X (FY 2001 actual aid/fiscal year 2001 formula 10,052
ADM)< X the greater of fiscal year 2002 formula ADM or three-year 10,053
average formula ADM.
If a district's projected FY 2002 state aid is more than 10,055
the greater of division (E)(1) or (2) of this section, such 10,057
district shall receive only the greater of division (E)(1) or (2) 10,059
of this section in fiscal year 2002. 10,060
(F) This division and division (G) of this section apply 10,062
only to districts subject to division (F) of section 3317.029 of 10,063
225
the Revised Code. As used in this division and division (G) of 10,065
this section:
(1) "Capped district" means a district that pursuant to 10,067
division (B), (C), (D), or (E) of this section will not receive 10,069
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 10,070
aid.
(2) "DPIA funds" means: 10,072
(a) In FY 1998, the amount calculated for the district 10,074
pursuant to division (B) of section 3317.023 of the Revised Code 10,075
as it existed in that fiscal year; 10,076
(b) In any fiscal year after FY 1998, the total amount 10,078
calculated for the district for that fiscal year pursuant to 10,079
section 3317.029 of the Revised Code. 10,080
(3) "Exempt DPIA portion" means: 10,082
(a) In the case of any district other than a capped 10,084
district, an amount equal to zero; 10,085
(b) In the case of a capped district, the amount resulting 10,087
from the application of the following formula: 10,089
(The district's DPIA funds for the year of the calculation minus 10,091
the district's DPIA funds for FY 1998) minus (the district's 10,093
actual aid for the year of the calculation minus the district's 10,094
FY 98 1998 state aid)
However, if this formula produces a negative number, the 10,096
district's exempt DPIA portion is zero. 10,097
(4) "Required all-day kindergarten" for a district means 10,099
the provision of all-day kindergarten to the number of students 10,100
in the district's kindergarten percentage specified pursuant to 10,101
division (H)(1) of section 3317.029 of the Revised Code. 10,102
(G) Notwithstanding any provision of law to the contrary: 10,104
(1) In the case of any district, the district's DPIA funds 10,106
are hereby deemed to first consist of any disadvantaged pupil 10,107
impact aid calculated for the district for all-day kindergarten 10,108
under division (D) of section 3317.029 of the Revised Code, and 10,109
to next consist of any disadvantaged pupil impact aid calculated 10,110
226
for the district under divisions (C) and (E) of section 3317.029 10,111
of the Revised Code. Each district shall expend whatever funds 10,112
necessary to ensure provision of its required all-day
kindergarten. 10,113
(2) In FY 1999, a district shall expend for the purposes 10,115
of section 3317.029 of the Revised Code an amount equal to at 10,116
least twenty-five per cent of the resultant derived from 10,117
subtracting the district's exempt DPIA portion from the amount 10,118
calculated for the district under divisions (C) and (E) of 10,119
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 10,121
of section 3317.029 of the Revised Code an amount equal to at 10,122
least fifty per cent of the resultant derived from subtracting 10,123
the district's exempt DPIA portion from the amount calculated for 10,124
the district under divisions (C) and (E) of section 3317.029 of 10,125
the Revised Code.
(4) In FY 2001, a district shall expend for the purposes 10,127
of section 3317.029 of the Revised Code an amount equal to at 10,128
least seventy-five per cent of the resultant derived from 10,129
subtracting the district's exempt DPIA portion from the amount 10,130
calculated for the district under divisions (C) and (E) of 10,131
section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one 10,133
hundred per cent of its DPIA funds for the purposes of section 10,134
3317.029 of the Revised Code. 10,135
(6) Districts shall comply with the requirements of 10,137
division (G) of section 3317.029 of the Revised Code." 10,138
Section 89. That existing Section 18 of Am. Sub. H.B. 650 10,140
of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of 10,141
the 122nd General Assembly, is hereby repealed. 10,142
Section 90. That Sections 7, 10, 11, 21.12, 25, and 30.21 10,144
of Am. Sub. S.B. 230 of the 122nd General Assembly be amended to 10,146
read as follows:
"Sec. 7. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 10,149
227
Reappropriations 10,149
CAP-773 Governor's Residence Restoration $ 4,705 10,152
CAP-785 Rural Areas Historical Projects $ 50,000 10,154
CAP-786 Rural Areas Community Improvements $ 1,768,690 10,156
2,268,690 10,157
CAP-804 Day Care Centers $ 842,261 10,159
CAP-817 Urban Areas Community Improvements $ 2,020,000 10,161
Total Department of Administrative Services $ 4,685,656 10,163
5,185,656 10,164
Rural Areas Historical Projects 10,167
From the foregoing appropriation item CAP-785, Rural Areas 10,169
Historical Projects, a $50,000 grant shall be made for the 10,170
Osnaburg Historical Society-Werner Inn renovations. 10,171
Rural Areas Community Improvements 10,173
From the foregoing appropriation item CAP-786, Rural Areas 10,175
Community Improvements, grants shall be made for the following 10,176
projects: $25,000 for the Belpre swimming pool project; $10,000 10,177
for Shadyside Municipal Building roof repairs; $250,000 for 10,178
Belmont County industrial park development; $100,000 for 10,179
Coshocton Courthouse renovations; $20,000 for the Smith Field
Memorial Foundation; $50,000 for Morgan County economic 10,180
development; $100,000 for the Zanesville Bicentennial 10,181
Celebration; $113,690 to the Ashtabula County Commissioners for 10,182
the Northeast 4-H Camp to make water and sewage improvements; 10,183
$500,000 for 4-H Camp Palmer in Fulton County; $100,000 for
Morgan County infrastructure; and $500,000 for the Medina County 10,184
Arts Center; AND $500,000 FOR RITZ THEATRE RENOVATIONS. 10,185
THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION 10,187
ITEM CAP-786, RURAL AREAS COMMUNITY IMPROVEMENTS, SHALL BE 10,189
$500,000 PLUS THE UNENCUMBERED AND UNALLOTTED BALANCE AS OF JUNE 10,190
30, 1998, IN APPROPRIATION ITEM CAP-786, RURUAL AREAS COMMUNITY 10,192
IMPROVEMENTS.
Urban Areas Community Improvements 10,194
From the foregoing appropriation item CAP-817, Urban Areas 10,196
228
Community Improvements, grants shall be made for the following 10,197
projects: $750,000 for Lincoln Heights Health Center; $100,000 10,198
for Maumee Youth Center; $200,000 for the birthplace of William 10,199
Howard Taft in Cincinnati; $150,000 for the Freedom House in 10,200
Cleveland; $95,000 for the Copley Township recreation project in
Summit County; $100,000 for Aviation Trail - Dayton; $125,000 for 10,201
Cleveland Playhouse Square; $25,000 for Columbus Civic Arena 10,202
development planning; $50,000 for the Columbus Symphony band 10,203
shell; $125,000 for East Cleveland City Hall renovations; 10,204
$100,000 for Hanna Fountain renovations - Cleveland; $100,000 for 10,205
Webco industrial area development - Cleveland; and $100,000 for
Martin Luther King Civic Center - East Cleveland. 10,206
Sec 10. DNR DEPARTMENT OF NATURAL RESOURCES 10,208
CAP-012 Land Acquisition $ 1,000,000 10,211
CAP-162 Roosevelt-Shawnee State Park $ 18,930 10,213
CAP-701 Buckeye Lake Dam Rehabilitation $ 2,497 10,215
CAP-702 Upgrade Underground Fuel Tanks $ 335,031 10,217
CAP-703 Cap Abandoned Water Wells $ 357,481 10,219
CAP-704 Replace Transformers $ 77,738 10,221
CAP-705 Rehabilitate Canals, Hydraulic Works, 10,222
and Support Facilities $ 21,379 10,224
CAP-738 Middletown Dam $ 87,272 10,226
CAP-742 Fountain Square Building/Telephone 10,227
System $ 53,748 10,229
CAP-823 Cost Sharing-Pollution Abatement $ 43,485 10,231
CAP-847 Assistance to Local Governments for 10,232
Conservation Works of Improvement $ 591,503 10,234
CAP-848 Hazardous Dam Repair $ 91,521 10,236
CAP-875 Ohio River Access $ 100,000 10,238
CAP-876 Statewide Trails Programs $ 45,000 10,240
100,000 10,241
CAP-929 Hazardous Waste/Asbestos Abatement $ 1,292,626 10,243
CAP-931 Wastewater/Water Systems Upgrades $ 49,858 10,245
229
CAP-932 Wetlands/Waterfront Development and 10,247
Acquisition $ 849,775 10,248
CAP-942 Local Parks Projects $ 55,225 10,250
CAP-969 Frost-Parker Wetlands Reserve $ 122,925 10,252
CAP-999 Geographic Information Management 10,253
System $ 3,293 10,255
Total Department of Natural Resources $ 5,199,287 10,257
5,254,287 10,258
Land Acquisition 10,261
The amount reappropriated from the foregoing appropriation 10,263
item CAP-012, Land Acquisition, shall be $1,000,000. 10,264
Statewide Trails Programs 10,266
The amount appropriated for the foregoing appropriation 10,268
item CAP-876, Statewide Trails Programs, shall be $45,000 10,269
100,000, which shall be used for the Cincinnati West Side Bike 10,271
Trail BY THE DEPARTMENT OF NATURAL RESOURCES IN CONSULTATION WITH 10,273
THE DEPARTMENT OF TRANSPORTATION FOR A RECREATIONAL TRAIL 10,274
FEASIBILITY STUDY. 10,275
Local Parks Projects 10,277
Of the foregoing appropriation item CAP-942, Local Parks 10,279
Projects, grants shall be made for the following projects: 10,280
$25,000 for River Access Park Development - Belpre; $100,000 for 10,281
Marietta Recreation Improvements; $15,000 for Urbancrest Martin 10,282
Luther King Park improvements, and $10,000 for Woodsfield Monroe 10,283
Park improvements.
Hazardous Waste/Asbestos Abatement 10,285
The amount reappropriated for the foregoing appropriation 10,287
item CAP-929, Hazardous Waste/Asbestos Abatement, shall be 10,288
$1,000,000 less than the unencumbered and unallotted balance of 10,289
June 30, 1998, in appropriation item CAP-929, Hazardous 10,290
Waste/Asbestos Abatement.
Sec. 11. DOT DEPARTMENT OF TRANSPORTATION 10,292
CAP-007 Muskingum County Intermodal Facility $ 700,000 10,295
Total Department of Transportation $ 700,000 10,297
230
Total General Revenue Fund $ 10,851,009 10,299
11,351,009 10,300
Sec. 21.12. DNR DEPARTMENT OF NATURAL RESOURCES 10,303
CAP-741 High Band Radio System $ 285,000 10,306
DNR COMMUNICATIONS SYSTEM 3,335,000 10,308
CAP-742 Fountain Square Building and Telephone 10,309
System Improvements $ 3,958,517 10,310
CAP-744 Multi-Agency Radio Communication 10,311
System (MARCS) Equipment $ 3,050,000 10,313
CAP-867 Reclamation Facility Renovation and 10,314
Development $ 225,000 10,315
CAP-928 Handicapped Accessibility $ 39,654 10,317
CAP-997 Zanesville/Marietta Nursery 10,318
Improvements $ 249,503 10,319
Total Department of Natural Resources $ 7,807,674 10,321
DNR COMMUNICATIONS SYSTEM 10,324
THE FOREGOING APPROPRIATION ITEM CAP-741, DNR 10,327
COMMUNICATIONS SYSTEM, SHALL BE THE SUM OF THE UNENCUMBERED AND 10,328
UNALLOTTED BALANCES AS OF JUNE 30, 1998, IN APPROPRIATION ITEMS
CAP-741, HIGH BAND RADIO SYSTEM, AND CAP-744, MULTI-AGENCY RADIO 10,330
COMMUNICATION SYSTEM (MARCS) EQUIPMENT. 10,331
Sec. 25. All items set forth in this section are hereby 10,333
appropriated out of any moneys in the state treasury to the 10,334
credit of the Arts Facilities Building Fund (Fund 030). Revenues 10,336
to the Arts Facilities Building Fund shall consist of proceeds of 10,337
obligations authorized to pay costs of the following capital 10,338
improvements:
Reappropriations 10,339
10,340
AFC ARTS FACILITIES COMMISSION
CAP-001 National Aviation Hall of Fame $ 5,000 10,343
CAP-002 Great Southern Opera House $ 5,000 10,345
CAP-003 Center of Science and Industry - 10,346
Toledo $ 119,726 10,347
231
CAP-004 Valentine Theatre $ 12,817,694 10,349
CAP-005 Center of Science and Industry - 10,350
Columbus $ 21,523,494 10,351
CAP-010 Sandusky State Theater Improvements $ 147,139 10,353
CAP-013 Stambaugh Hall Improvements $ 587,400 10,355
CAP-014 Dayton Natural History/Children's 10,356
Museum $ 1,250,000 10,357
CAP-015 Carillon Historic Park/Wright Hall $ 200,000 10,359
CAP-017 Zion Center of the National 10,360
Afro-American Museum $ 750,000 10,361
CAP-022 National Afro-American Museum - 10,362
Carnegie Library Renovations $ 223,768 10,363
CAP-023 National Afro-American Museum - 10,364
Demolition of Shorter Hall $ 240,000 10,365
CAP-029 Cincinnati Riverfront Development $ 333,332 10,367
CAP-033 Woodward Opera House Renovation $ 300,000 10,369
CAP-036 Ritz Theatre Renovations $ 500,000 10,371
CAP-037 Canton Palace - Theatre Renovations $ 38,700 10,373
CAP-734 Hayes Presidential Center $ 285,000 10,375
CAP-742 Ft. Meigs Museum $ 800,000 10,377
CAP-745 Historic Sites and Museums $ 106,500 10,379
CAP-772 Ft. Hill Building, Site, and Exhibit 10,380
Improvements $ 175,100 10,381
CAP-776 Flint Ridge Building, Site, and 10,382
Exhibit Improvements $ 275,100 10,383
CAP-785 Ohio Village Building Renovations and 10,384
Improvements $ 500,200 10,385
CAP-786 Piqua/Ft. Pickawillany Acquisition and 10,386
Improvements $ 802,948 10,387
Total Arts Facilities Commission $ 41,986,101 10,389
41,486,101 10,390
Total Arts Facilities Building Fund $ 41,986,101 10,392
41,486,101 10,393
Sec. 30.21. CLS CLEVELAND STATE UNIVERSITY 10,396
232
CAP-007 Stilwell Hall $ 73,567 10,399
CAP-017 Land Acquisition $ 252,085 10,401
CAP-023 Basic Renovations $ 3,115,544 10,403
CAP-044 Chester Building Rehabilitation $ 1,656,902 10,405
CAP-067 17th-18th Street Block $ 3,409,115 10,407
CAP-068 Main Classroom - Rhodes Tower Link $ 15,058 10,409
CAP-073 Cleveland Playhouse $ 500,000 10,411
1,000,000 10,412
CAP-081 Computer Center Cooling Tower $ 25,873 10,414
CAP-084 Neighborhood Centers Renovation $ 500 10,416
CAP-088 Asbestos $ 3,312,676 10,418
CAP-092 Handicapped Requirements $ 279,230 10,420
CAP-094 AMC Roofing/Law Building Steps $ 2,757 10,422
CAP-098 Rhodes Tower Electrical Substation $ 455,302 10,424
CAP-099 Main Classroom Plaza Conversion $ 2,333,000 10,426
CAP-100 Special Studies Space Conversion $ 673,000 10,428
CAP-101 Classroom Building Renovations $ 50,000 10,430
CAP-103 WCPN Radio Renovations $ 3,750 10,432
CAP-104 ADA Modifications $ 805,963 10,434
CAP-105 Basic Science Chiller $ 2,359 10,436
CAP-106 Sidewalk Seating Replacement $ 7,187 10,438
CAP-108 Chester Duct Bank $ 6,347 10,440
CAP-109 Classroom Upgrade $ 1,937,320 10,442
CAP-110 Technology Infrastructure $ 187,106 10,444
CAP-111 Intermuseum Laboratory $ 500,000 10,446
CAP-112 Land Acquisitions $ 2,000,000 10,448
CAP-113 Biomedical Research $ 1,000,000 10,450
CAP-114 Geographic Information Systems $ 292,418 10,452
CAP-115 Plant Services Building $ 43,988 10,454
Total Cleveland State University $ 22,941,047 10,456
CLEVELAND PLAYHOUSE 10,459
THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION 10,461
ITEM CAP-073, CLEVELAND PLAYHOUSE, SHALL BE $1,000,000. 10,462
Section 91. That existing Sections 7, 10, 11, 21.12, 25, 10,464
233
and 30.21 of Am. Sub. S.B. 230 of the 122nd General Assembly are 10,466
hereby repealed.
Section 92. That Section 140 of Am. Sub. H.B. 215 of the 10,468
122nd General Assembly is hereby repealed. 10,469
Section 93. The amendment of sections 901.82 and 901.83 of 10,471
the Revised Code is not intended to supersede the earlier repeal, 10,472
with delayed effective date, of those sections. 10,473
Section 94. If any item of law that constitutes the whole 10,475
or part of a codified or uncodified section of law contained in 10,476
this act, or if any application of any item of law that 10,477
constitutes the whole or part of a codified or uncodified section 10,478
of law contained in this act, is held invalid, the invalidity 10,479
does not affect other items of law or applications of items of
law that can be given effect without the invalid item of law or 10,480
application. To this end, the items of law of which the codified 10,481
and uncodified sections contained in this act are composed, and 10,482
their applications, are independent and severable. 10,483
Section 95. Except as otherwise specifically provided in 10,485
this act, the codified and uncodified sections of law and items 10,486
therein contained in this act are subject to the referendum. 10,487
Therefore, under Ohio Constitution, Article II, Section 1c and 10,488
section 1.471 of the Revised Code, the codified and uncodified 10,489
sections of law and items therein contained in this act, except
as otherwise specifically provided in this act, take effect on 10,490
the ninety-first day after this act is filed with the Secretary 10,491
of State. If, however, a referendum petition is filed against 10,492
any such section or item therein, the section or item, unless 10,493
rejected at the referendum, takes effect at the earliest time 10,494
permitted by law.
Section 96. Section 127.16 of the Revised Code is 10,496
presented in this act as a composite of the section as amended by 10,497
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 10,498
Assembly, with the new language of neither of the acts shown in 10,500
capital letters. This is in recognition of the principle stated 10,501
234
in division (B) of section 1.52 of the Revised Code that such 10,502
amendments are to be harmonized where not substantively 10,503
irreconcilable and constitutes a legislative finding that such is 10,504
the resulting version in effect prior to the effective date of 10,505
this act.
Section 97. Sections 3345.50 and 3345.51 of the Revised 10,507
Code are presented in this act as composites of the sections as 10,509
amended by both Am. H.B. 748 and Am. Sub. S.B. 264 of the 121st 10,510
General Assembly, with the new language of neither of the acts 10,512
shown in capital letters. This is in recognition of the 10,513
principle stated in division (B) of section 1.52 of the Revised 10,514
Code that such amendments are to be harmonized where not 10,515
substantively irreconcilable and constitutes a legislative 10,516
finding that such is the resulting version in effect prior to the 10,517
effective date of this act.