As Reported by House Finance and Appropriations Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 850 5
1997-1998 6
REPRESENTATIVES JOHNSON-SYKES-PERZ-O'BRIEN-WOMER BENJAMIN- 8
THOMAS-TAVARES-PRENTISS-MOTTLEY-VESPER-MEAD-MALLORY-METZGER- 9
MILLER-VERICH-CORBIN-WILSON-BOYD-OPFER-ROBERTS-STAPLETON 10
_________________________________________________________________ 12
A B I L L
To amend sections 111.15, 119.01, 123.15, 125.023, 16
125.101, 125.22, 125.81, 126.03, 127.14, 127.16,
133.04, 133.06, 153.01, 153.04, 153.05, 153.06, 17
153.07, 153.08, 153.09, 153.10, 153.11, 153.12, 18
153.17, 153.32, 153.33, 153.34, 153.50, 153.571, 19
153.62, 351.01, 351.03, 351.141, 3304.16, 20
3315.01, 3316.03, 3317.0212, 3317.03, 3318.03, 21
3318.04, 3318.12, 3318.15, 3318.25, 3345.50, 22
3379.10, 4141.13, 5119.16, and 5739.024; to
amend, for the purpose of adopting a new section 23
number as indicated in parentheses, section 24
125.101 (153.16); to enact sections 113.40,
121.372, 126.15, 3318.11, and 5120.135; and to 25
repeal section 3345.51 of the Revised Code and to 26
amend Sections 20, 29, 40, and 112 of Am. Sub. 27
H.B. 215 of the 122nd General Assembly; to amend 28
Section 50.06 of Am. Sub. H.B. 215 of the 122nd
General Assembly, as amended by Am. Sub. H.B. 29
182, Am. Sub. H.B. 650, and Am. Sub. H.B. 770 of 30
the 122nd General Assembly; to amend Section 31
50.08 of Am. Sub. H.B. 215 of the 122nd General 32
Assembly, as amended by Am. Sub. H.B. 650 of the 33
122nd General Assembly; to amend Section 190 of 34
Am. Sub. H.B. 215 of the 122nd General Assembly, 35
as amended by Am. Sub. H.B. 770 of the 122nd
General Assembly; to amend Section 18 of Am. Sub. 36
2
H.B. 650 of the 122nd General Assembly, as 37
amended by Am. Sub. H.B. 770 of the 122nd General
Assembly; to amend Section 19 of Am. Sub. H.B. 38
650 of the 122nd General Assembly; to amend 39
Sections 7, 10, 11, 21.12, 25, and 30.21 of Am.
Sub. S.B. 230 of the 122nd General Assembly; and 40
to repeal Section 140 of Am. Sub. H.B. 215 of the
122nd General Assembly to make capital 42
appropriations for the biennium ending June 30,
2000; and to provide authorization and conditions 43
for the operation of state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 111.15, 119.01, 123.15, 125.023, 48
125.101, 125.22, 125.81, 126.03, 127.14, 127.16, 133.04, 133.06, 49
153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 153.09, 153.10, 50
153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 153.50, 153.571, 51
153.62, 351.01, 351.03, 351.141, 3304.16, 3315.01, 3316.03, 53
3317.0212, 3317.03, 3318.03, 3318.04, 3318.12, 3318.15, 3318.25, 54
3345.50, 3379.10, 4141.13, 5119.16, and 5739.024 be amended; 55
section 125.101 (153.16) be amended for the purpose of adopting a 56
new section number as indicated in parentheses; and sections
113.40, 121.372, 126.15, 3318.11, and 5120.135 of the Revised 57
Code be enacted to read as follows: 58
Sec. 111.15. (A) As used in this section: 67
(1) "Rule" includes any rule, regulation, bylaw, or 69
standard having a general and uniform operation adopted by an 70
agency under the authority of the laws governing the agency; any 71
appendix to a rule; and any internal management rule. "Rule" 72
does not include any guideline adopted pursuant to section 73
3301.0714 of the Revised Code, any order respecting the duties of 74
employees, any finding, any determination of a question of law or 75
fact in a matter presented to an agency, or any rule promulgated 76
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pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 77
of section 5117.02, or section 5703.14 of the Revised Code. 78
"Rule" includes any amendment or rescission of a rule. 79
(2) "Agency" means any governmental entity of the state 81
and includes, but is not limited to, any board, department, 82
division, commission, bureau, society, council, institution, 83
state college or university, community college district, 84
technical college district, or state community college. "Agency" 85
does not include the general assembly, THE CONTROLLING BOARD, the 87
adjutant general's department, or any court. 88
(3) "Internal management rule" means any rule, regulation, 90
bylaw, or standard governing the day-to-day staff procedures and 91
operations within an agency. 92
(4) "Substantive revision" has the same meaning as in 94
division (J) of section 119.01 of the Revised Code. 95
(B)(1) Any rule, other than a rule of an emergency nature, 97
adopted by any agency pursuant to this section shall be effective 98
on the tenth day after the day on which the rule in final form 99
and in compliance with division (B)(3) of this section is filed 100
as follows: 101
(a) Two certified copies of the rule shall be filed with 103
both the secretary of state and the director of the legislative 104
service commission; 105
(b) Two certified copies of the rule shall be filed with 107
the joint committee on agency rule review. Division (B)(1)(b) of 108
this section does not apply to any rule to which division (D) of 109
this section does not apply. 110
An agency that adopts or amends a rule that is subject to 112
division (D) of this section shall assign a review date to the 114
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 115
assigned to a rule exceeds the five-year maximum, the review date 116
for the rule is five years after its effective date. A rule with 117
a review date is subject to review under section 119.032 of the 118
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Revised Code. This paragraph does not apply to a rule of a state 120
college or university, community college district, technical
college district, or state community college. 121
If all copies are not filed on the same day, the rule shall 123
be effective on the tenth day after the day on which the latest 124
filing is made. If an agency in adopting a rule designates an 125
effective date that is later than the effective date provided for 126
by division (B)(1) of this section, the rule if filed as required 127
by such division shall become effective on the later date 128
designated by the agency. 129
Any rule that is required to be filed under division (B)(1) 131
of this section is also subject to division (D) of this section 132
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 134
or (8) of this section.
(2) A rule of an emergency nature necessary for the 136
immediate preservation of the public peace, health, or safety 137
shall state the reasons for the necessity. Copies of the 138
emergency rule, in final form and in compliance with division 139
(B)(3) of this section, shall be filed as follows: two certified 140
copies of the emergency rule shall be filed with both the 141
secretary of state and the director of the legislative service 142
commission, and one certified copy of the emergency rule shall be 143
filed with the joint committee on agency rule review. The 144
emergency rule is effective immediately upon the latest filing, 145
except that if the agency in adopting the emergency rule 146
designates an effective date, or date and time of day, that is 147
later than the effective date and time provided for by division 148
(B)(2) of this section, the emergency rule if filed as required 149
by such division shall become effective at the later date, or 150
later date and time of day, designated by the agency. 151
An emergency rule becomes invalid at the end of the 153
ninetieth day it is in effect. Prior to that date, the agency 154
may file the emergency rule as a nonemergency rule in compliance 155
with division (B)(1) of this section. The agency may not refile 156
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the emergency rule in compliance with division (B)(2) of this 157
section so that, upon the emergency rule becoming invalid under 158
such division, the emergency rule will continue in effect without 159
interruption for another ninety-day period. 160
(3) An agency shall file a rule under division (B)(1) or 162
(2) of this section in compliance with the following standards 163
and procedures: 164
(a) The rule shall be numbered in accordance with the 166
numbering system devised by the director for the Ohio 167
administrative code. 168
(b) The rule shall be prepared and submitted in compliance 170
with the rules of the legislative service commission. 171
(c) The rule shall clearly state the date on which it is 173
to be effective and the date on which it will expire, if known. 174
(d) Each rule that amends or rescinds another rule shall 176
clearly refer to the rule that is amended or rescinded. Each 177
amendment shall fully restate the rule as amended. 178
If the director of the legislative service commission or 180
the director's designee gives an agency written notice pursuant 182
to section 103.05 of the Revised Code that a rule filed by the 183
agency is not in compliance with the rules of the legislative 184
service commission, the agency shall within thirty days after 185
receipt of the notice conform the rule to the rules of the 186
commission as directed in the notice. 187
(C) All rules filed pursuant to divisions (B)(1)(a) and 189
(2) of this section shall be recorded by the secretary of state 190
and the director under the title of the agency adopting the rule 191
and shall be numbered according to the numbering system devised 192
by the director. The secretary of state and the director shall 193
preserve the rules in an accessible manner. Each such rule shall 194
be a public record open to public inspection and may be lent to 195
any law publishing company that wishes to reproduce it. 196
(D) At least sixty days before a board, commission, 198
department, division, or bureau of the government of the state 199
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files a rule under division (B)(1) of this section, it shall file 200
two copies of the full text of the proposed rule with the joint 202
committee on agency rule review, and the proposed rule is subject 205
to legislative review and invalidation under division (I) of 206
section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive 207
revision in a proposed rule after it is filed with the joint 208
committee, the state board, commission, department, division, or 210
bureau shall promptly file two copies of the full text of the 212
proposed rule in its revised form with the joint committee. The 213
latest version of a proposed rule as filed with the joint 214
committee supersedes each earlier version of the text of the same 216
proposed rule. Except as provided in division (F) of this 217
section, a state board, commission, department, division, or 218
bureau shall attach one copy of the rule summary and fiscal 219
analysis prepared under section 121.24 or 127.18 of the Revised 220
Code, or both, to each copy of a proposed rule, and to each copy 221
of a proposed rule in revised form, that is filed under this 222
division. 223
As used in this division, "commission" includes the public 225
utilities commission when adopting rules under a federal or state 226
statute.
This division does not apply to any of the following: 228
(1) A proposed rule of an emergency nature; 230
(2) A rule proposed under section 1121.05, 1121.06, 232
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 233
4123.411, 4123.44, or 4123.442 of the Revised Code; 235
(3) A rule proposed by an agency other than a board, 237
commission, department, division, or bureau of the government of 238
the state; 239
(4) A proposed internal management rule of a board, 241
commission, department, division, or bureau of the government of 242
the state; 243
(5) Any proposed rule that must be adopted verbatim by an 245
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agency pursuant to federal law or rule, to become effective 246
within sixty days of adoption, in order to continue the operation 247
of a federally reimbursed program in this state, so long as the 248
proposed rule contains both of the following: 249
(a) A statement that it is proposed for the purpose of 251
complying with a federal law or rule; 252
(b) A citation to the federal law or rule that requires 254
verbatim compliance. 255
(6) An initial rule proposed by the director of health to 257
impose safety standards, quality-of-care standards, and 258
quality-of-care data reporting requirements with respect to a 259
health service specified in section 3702.11 of the Revised Code, 260
or an initial rule proposed by the director to impose quality 262
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 263
Code requires that the rule be adopted under this section; 264
(7) A rule of the state lottery commission pertaining to 266
instant game rules. 267
(E) Whenever a state board, commission, department, 269
division, or bureau files a proposed rule or a proposed rule in 270
revised form under division (D) of this section, it shall also 271
file one copy of the full text of the same proposed rule or 272
proposed rule in revised form with the secretary of state and two 273
copies thereof with the director of the legislative service 274
commission. Except as provided in division (F) of this section, 275
a state board, commission, department, division, or bureau shall 276
attach a copy of the rule summary and fiscal analysis prepared 277
under section 121.24 or 127.18 of the Revised Code, or both, to 278
each copy of a proposed rule or proposed rule in revised form 279
that is filed with the secretary of state or the director of the 280
legislative service commission. 281
(F) Except as otherwise provided in this division, the 283
auditor of state or the auditor of state's designee is not 284
required to attach a rule summary and fiscal analysis to any copy 286
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of a proposed rule, or proposed rule in revised form, that the 287
auditor of state proposes under section 117.12, 117.19, 117.38, 289
or 117.43 of the Revised Code and files under division (D) or (E) 290
of this section. If, however, the auditor of state or the 291
designee prepares a rule summary and fiscal analysis of the 292
original version of such a proposed rule for purposes of 293
complying with section 121.24 of the Revised Code, the auditor of 294
state or designee shall attach a copy of the rule summary and 295
fiscal analysis to each copy of the original version of the 296
proposed rule filed under division (D) or (E) of this section. 297
Sec. 113.40. (A) AS USED IN THIS SECTION: 300
(1) "FINANCIAL TRANSACTION DEVICE" INCLUDES A CREDIT CARD, 303
DEBIT CARD, CHARGE CARD, OR PREPAID OR STORED VALUE CARD. 304
(2) "STATE EXPENSES" INCLUDES FEES, COSTS, TAXES, 306
ASSESSMENTS, FINES, PENALTIES, PAYMENTS, OR ANY OTHER EXPENSE A 307
PERSON OWES TO A STATE OFFICE UNDER THE AUTHORITY OF A STATE 308
ELECTED OFFICIAL OR TO A STATE ENTITY. 309
(3) "STATE ELECTED OFFICIAL" MEANS THE GOVERNOR, 311
LIEUTENANT GOVERNOR, ATTORNEY GENERAL, SECRETARY OF STATE, 312
TREASURER OF STATE, AND AUDITOR OF STATE. 313
(4) "STATE ENTITY" INCLUDES ANY STATE DEPARTMENT, AGENCY, 315
BOARD, OR COMMISSION THAT DEPOSITS FUNDS INTO THE STATE TREASURY. 317
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 321
AND SUBJECT TO DIVISION (D) OF THIS SECTION, THE BOARD OF DEPOSIT 323
MAY ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF PAYMENTS BY 324
FINANCIAL TRANSACTION DEVICE TO PAY FOR STATE EXPENSES. THE 325
RESOLUTION SHALL INCLUDE ALL OF THE FOLLOWING: 326
(1) A DESIGNATION OF THOSE STATE ELECTED OFFICIALS AND 328
STATE ENTITIES AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL 329
TRANSACTION DEVICE; 330
(2) A LIST OF STATE EXPENSES THAT MAY BE PAID BY THE USE 332
OF A FINANCIAL TRANSACTION DEVICE; 333
(3) SPECIFIC IDENTIFICATION OF FINANCIAL TRANSACTION 335
DEVICES THAT A STATE ELECTED OFFICIAL OR STATE ENTITY MAY 336
9
AUTHORIZE AS ACCEPTABLE MEANS OF PAYMENT FOR STATE EXPENSES. 337
DIVISION (B)(3) OF THIS SECTION DOES NOT REQUIRE THAT THE SAME 339
FINANCIAL TRANSACTION DEVICES BE ACCEPTED FOR THE PAYMENT OF 340
DIFFERENT TYPES OF STATE EXPENSES. 341
(4) THE AMOUNT, IF ANY, AUTHORIZED AS A SURCHARGE OR 343
CONVENIENCE FEE UNDER DIVISION (E) OF THIS SECTION FOR PERSONS 345
USING A FINANCIAL TRANSACTION DEVICE. DIVISION (B)(4) OF THIS 347
SECTION DOES NOT REQUIRE THAT THE SAME SURCHARGES OR CONVENIENCE 348
FEES BE APPLIED TO THE PAYMENT OF DIFFERENT TYPES OF STATE 349
EXPENSES.
(5) A SPECIFIC REQUIREMENT, AS PROVIDED IN DIVISION (G) OF 352
THIS SECTION, FOR THE PAYMENT OF A PENALTY IF A PAYMENT MADE BY 353
MEANS OF A FINANCIAL TRANSACTION DEVICE IS RETURNED OR DISHONORED 354
FOR ANY REASON. 355
THE BOARD OF DEPOSIT'S RESOLUTION ALSO SHALL DESIGNATE THE 357
TREASURER OF STATE AS THE ADMINISTRATIVE AGENT TO SOLICIT 358
PROPOSALS, WITHIN GUIDELINES ESTABLISHED BY THE BOARD OF DEPOSIT 359
IN THE RESOLUTION AND IN COMPLIANCE WITH THE PROCEDURES PROVIDED 360
IN DIVISION (C) OF THIS SECTION, FROM FINANCIAL INSTITUTIONS, 362
ISSUERS OF FINANCIAL TRANSACTION DEVICES, AND PROCESSORS OF 363
FINANCIAL TRANSACTION DEVICES; TO MAKE RECOMMENDATIONS ABOUT 364
THOSE PROPOSALS TO THE STATE ELECTED OFFICIALS; AND TO ASSIST 365
STATE OFFICES IN IMPLEMENTING THE STATE'S FINANCIAL TRANSACTION 366
DEVICE PROGRAM. 367
(C) THE ADMINISTRATIVE AGENT SHALL FOLLOW THE PROCEDURES 370
PROVIDED IN THIS DIVISION WHENEVER IT PLANS TO CONTRACT WITH 371
FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION DEVICES, 372
OR PROCESSORS OF FINANCIAL TRANSACTION DEVICES FOR THE PURPOSES 373
OF THIS SECTION. THE ADMINISTRATIVE AGENT SHALL REQUEST 374
PROPOSALS FROM AT LEAST THREE FINANCIAL INSTITUTIONS, ISSUERS OF 375
FINANCIAL TRANSACTION DEVICES, OR PROCESSORS OF FINANCIAL 376
TRANSACTION DEVICES, AS APPROPRIATE IN ACCORDANCE WITH THE 377
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION. PRIOR TO 379
SENDING ANY FINANCIAL INSTITUTION, ISSUER, OR PROCESSOR A COPY OF 380
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ANY SUCH REQUEST, THE ADMINISTRATIVE AGENT SHALL ADVERTISE ITS 381
INTENT TO REQUEST PROPOSALS IN A NEWSPAPER OF GENERAL CIRCULATION 382
IN THE STATE ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. THE NOTICE 383
SHALL STATE THAT THE ADMINISTRATIVE AGENT INTENDS TO REQUEST 384
PROPOSALS; SPECIFY THE PURPOSE OF THE REQUEST; INDICATE THE DATE, 385
WHICH SHALL BE AT LEAST TEN DAYS AFTER THE SECOND PUBLICATION, ON 386
WHICH THE REQUEST FOR PROPOSALS WILL BE MAILED TO FINANCIAL 387
INSTITUTIONS, ISSUERS, OR PROCESSORS; AND REQUIRE THAT ANY 388
FINANCIAL INSTITUTION, ISSUER, OR PROCESSOR, WHICHEVER IS 389
APPROPRIATE, INTERESTED IN RECEIVING THE REQUEST FOR PROPOSALS 390
SUBMIT WRITTEN NOTICE OF THIS INTEREST TO THE ADMINISTRATIVE 391
AGENT NOT LATER THAN NOON OF THE DAY ON WHICH THE REQUEST FOR 392
PROPOSALS WILL BE MAILED.
UPON RECEIVING THE PROPOSALS, THE ADMINISTRATIVE AGENT 394
SHALL REVIEW THEM AND MAKE A RECOMMENDATION TO THE BOARD OF 395
DEPOSIT REGARDING WHICH PROPOSALS TO ACCEPT. THE BOARD OF 396
DEPOSIT SHALL CONSIDER THE AGENT'S RECOMMENDATION AND REVIEW ALL 397
PROPOSALS SUBMITTED, AND THEN MAY CHOOSE TO CONTRACT WITH ANY OR 398
ALL OF THE ENTITIES SUBMITTING PROPOSALS, AS APPROPRIATE. THE 399
BOARD OF DEPOSIT SHALL PROVIDE ANY FINANCIAL INSTITUTION, ISSUER, 401
OR PROCESSOR THAT SUBMITTED A PROPOSAL, BUT WITH WHICH THE BOARD 402
DOES NOT ENTER INTO A CONTRACT, NOTICE THAT ITS PROPOSAL IS 403
REJECTED.
(D) THE BOARD OF DEPOSIT SHALL SEND A COPY OF THE 406
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION TO EACH 407
STATE ELECTED OFFICIAL AND STATE ENTITY AUTHORIZED TO ACCEPT 408
PAYMENTS FOR STATE EXPENSES BY FINANCIAL TRANSACTION DEVICE. 409
AFTER RECEIVING THE RESOLUTION AND BEFORE ACCEPTING SUCH PAYMENTS 411
BY FINANCIAL TRANSACTION DEVICE, SUCH A STATE ELECTED OFFICIAL OR 412
STATE ENTITY SHALL PROVIDE WRITTEN NOTIFICATION TO THE 413
ADMINISTRATIVE AGENT OF THE OFFICIAL'S OR ENTITY'S INTENT TO
IMPLEMENT THE RESOLUTION WITHIN THE OFFICIAL'S OR ENTITY'S 414
OFFICE. EACH STATE OFFICE OR ENTITY SUBJECT TO THE BOARD'S 415
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION SHALL USE 417
11
ONLY THE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION 419
DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION DEVICES WITH 420
WHICH THE BOARD OF DEPOSIT CONTRACTS, AND EACH SUCH OFFICE OR 421
ENTITY IS SUBJECT TO THE TERMS OF THOSE CONTRACTS. 422
IF A STATE ENTITY UNDER THE AUTHORITY OF A STATE ELECTED 424
OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR MORE STATE 426
EXPENSES AND THE STATE ELECTED OFFICIAL DETERMINES NOT TO ACCEPT 428
PAYMENTS BY FINANCIAL TRANSACTION DEVICE FOR ONE OR MORE OF THOSE 429
EXPENSES, THE OFFICE IS NOT REQUIRED TO ACCEPT PAYMENTS BY 430
FINANCIAL TRANSACTION DEVICE FOR THOSE EXPENSES, NOTWITHSTANDING 431
THE ADOPTION OF A RESOLUTION BY THE BOARD OF DEPOSIT UNDER 432
DIVISION (B) OF THIS SECTION.
ANY STATE ENTITY THAT PRIOR TO THE EFFECTIVE DATE OF THIS 435
SECTION ACCEPTED FINANCIAL TRANSACTION DEVICES MAY CONTINUE TO 436
ACCEPT SUCH DEVICES UNTIL JUNE 30, 2000, WITHOUT BEING SUBJECT TO 437
ANY RESOLUTION ADOPTED BY THE BOARD OF DEPOSIT UNDER DIVISION (B) 439
OF THIS SECTION, OR ANY OTHER OVERSIGHT BY THE BOARD OF THE
ENTITY'S FINANCIAL TRANSACTION DEVICE PROGRAM. ANY SUCH ENTITY 440
MAY USE SURCHARGES OR CONVENIENCE FEES IN ANY MANNER THE STATE 441
ELECTED OFFICIAL OR OTHER OFFICIAL IN CHARGE OF THE ENTITY 442
DETERMINES TO BE APPROPRIATE, AND, IF THE ADMINISTRATIVE AGENT 443
CONSENTS, MAY APPOINT THE ADMINISTRATIVE AGENT TO BE THE ENTITY'S 445
ADMINISTRATIVE AGENT FOR PURPOSES OF ACCEPTING FINANCIAL 446
TRANSACTION DEVICES. IN ORDER TO BE EXEMPT FROM THE RESOLUTION 447
OF THE BOARD OF DEPOSIT UNDER DIVISION (B) OF THIS SECTION, A 448
STATE ENTITY SHALL NOTIFY THE BOARD IN WRITING WITHIN THIRTY DAYS 449
AFTER THE EFFECTIVE DATE OF THIS SECTION THAT IT ACCEPTED 450
FINANCIAL TRANSACTION DEVICES PRIOR TO THE EFFECTIVE DATE OF THIS 451
SECTION. EACH SUCH NOTIFICATION SHALL EXPLAIN HOW PROCESSING 452
COSTS ASSOCIATED WITH FINANCIAL TRANSACTION DEVICES ARE BEING 453
PAID AND SHALL INDICATE WHETHER SURCHARGE OR CONVENIENCE FEES ARE 454
BEING PASSED ON TO CONSUMERS. 455
(E) THE BOARD OF DEPOSIT MAY ESTABLISH A SURCHARGE OR 457
CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON MAKING PAYMENT 458
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BY A FINANCIAL TRANSACTION DEVICE. THE SURCHARGE OR CONVENIENCE 459
FEE SHALL NOT BE IMPOSED UNLESS AUTHORIZED OR OTHERWISE PERMITTED 460
BY THE RULES PRESCRIBED UNDER A CONTRACT, BETWEEN THE FINANCIAL 461
INSTITUTION, ISSUER, OR PROCESSOR AND THE ADMINISTRATIVE AGENT, 462
GOVERNING THE USE AND ACCEPTANCE OF THE FINANCIAL TRANSACTION 463
DEVICE. 464
IF A SURCHARGE OR CONVENIENCE FEE IS IMPOSED, EVERY STATE 467
ENTITY ACCEPTING PAYMENT BY A FINANCIAL TRANSACTION DEVICE, 468
REGARDLESS OF WHETHER THAT ENTITY IS SUBJECT TO A RESOLUTION 469
ADOPTED BY THE BOARD OF DEPOSIT, SHALL CLEARLY POST A NOTICE IN 470
THE ENTITY'S OFFICE, AND SHALL NOTIFY EACH PERSON MAKING A 471
PAYMENT BY SUCH A DEVICE, ABOUT THE SURCHARGE OR FEE. NOTICE TO 472
EACH PERSON MAKING A PAYMENT SHALL BE PROVIDED REGARDLESS OF THE 473
MEDIUM USED TO MAKE THE PAYMENT AND IN A MANNER APPROPRIATE TO 474
THAT MEDIUM. EACH NOTICE SHALL INCLUDE ALL OF THE FOLLOWING: 475
(1) A STATEMENT THAT THERE IS A SURCHARGE OR CONVENIENCE 478
FEE FOR USING A FINANCIAL TRANSACTION DEVICE;
(2) THE TOTAL AMOUNT OF THE CHARGE OR FEE EXPRESSED IN 480
DOLLARS AND CENTS FOR EACH TRANSACTION, OR THE RATE OF THE CHARGE 482
OR FEE EXPRESSED AS A PERCENTAGE OF THE TOTAL AMOUNT OF THE 483
TRANSACTION, WHICHEVER IS APPLICABLE;
(3) A CLEAR STATEMENT THAT THE SURCHARGE OR CONVENIENCE 486
FEE IS NONREFUNDABLE.
(F) IF A PERSON ELECTS TO MAKE A PAYMENT BY A FINANCIAL 488
TRANSACTION DEVICE AND A SURCHARGE OR CONVENIENCE FEE IS IMPOSED, 490
THE PAYMENT OF THE SURCHARGE OR CONVENIENCE FEE IS NOT 491
REFUNDABLE. 492
(G) IF A PERSON MAKES PAYMENT BY A FINANCIAL TRANSACTION 494
DEVICE AND THE PAYMENT IS RETURNED OR DISHONORED FOR ANY REASON, 495
THE PERSON IS LIABLE TO THE STATE FOR THE STATE EXPENSE AND ANY 496
REIMBURSABLE COSTS FOR COLLECTION, INCLUDING BANKING CHARGES, 497
LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE STATE IN COLLECTING 499
THE RETURNED OR DISHONORED PAYMENT. THE REMEDIES AND PROCEDURES 500
PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY OTHER AVAILABLE 501
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CIVIL OR CRIMINAL REMEDIES PROVIDED BY LAW.
(H) NO PERSON MAKING ANY PAYMENT BY A FINANCIAL 503
TRANSACTION DEVICE TO A STATE OFFICE SHALL BE RELIEVED FROM 505
LIABILITY FOR THE UNDERLYING OBLIGATION, EXCEPT TO THE EXTENT 506
THAT THE STATE REALIZES FINAL PAYMENT OF THE UNDERLYING 507
OBLIGATION IN CASH OR ITS EQUIVALENT. IF FINAL PAYMENT IS NOT 508
MADE BY THE FINANCIAL TRANSACTION DEVICE ISSUER OR OTHER 509
GUARANTOR OF PAYMENT IN THE TRANSACTION, THE UNDERLYING 510
OBLIGATION SURVIVES AND THE STATE SHALL RETAIN ALL REMEDIES FOR 511
ENFORCEMENT THAT WOULD HAVE APPLIED IF THE TRANSACTION HAD NOT 512
OCCURRED.
(I) A STATE ENTITY OR EMPLOYEE WHO ACCEPTS A FINANCIAL 514
TRANSACTION DEVICE PAYMENT IN ACCORDANCE WITH THIS SECTION AND 516
ANY APPLICABLE STATE OR LOCAL POLICIES OR RULES IS IMMUNE FROM 517
PERSONAL LIABILITY FOR THE FINAL COLLECTION OF SUCH PAYMENTS AS 518
SPECIFIED IN SECTION 9.87 OF THE REVISED CODE. 520
(J) THE ADMINISTRATIVE AGENT, IN COOPERATION WITH THE 522
OFFICE OF BUDGET AND MANAGEMENT, MAY ADOPT, AMEND, AND RESCIND 523
RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO 527
IMPLEMENT THIS SECTION.
Sec. 119.01. As used in sections 119.01 to 119.13 of the 536
Revised Code: 537
(A) "Agency" means, except as limited by this division, 539
any official, board, or commission having authority to promulgate 540
rules or make adjudications in the bureau of employment services, 541
the civil service commission, the department or, on and after 542
July 1, 1997, the division of liquor control, the department of 543
taxation, the industrial commission, the bureau of workers' 544
compensation, the functions of any administrative or executive 545
officer, department, division, bureau, board, or commission of 546
the government of the state specifically made subject to sections 547
119.01 to 119.13 of the Revised Code, and the licensing functions 548
of any administrative or executive officer, department, division, 549
bureau, board, or commission of the government of the state 550
14
having the authority or responsibility of issuing, suspending, 551
revoking, or canceling licenses. 552
Except as otherwise provided in division (I) of this 555
section, sections 119.01 to 119.13 of the Revised Code do not 556
apply to the public utilities commission. Sections 119.01 to 557
119.13 of the Revised Code do not apply to the utility 558
radiological safety board,; TO THE CONTROLLING BOARD; to actions 560
of the superintendent of financial institutions and the
superintendent of insurance in the taking possession of, and 562
rehabilitation or liquidation of, the business and property of 563
banks, savings and loan associations, savings banks, credit 564
unions, insurance companies, associations, reciprocal fraternal 565
benefit societies, and bond investment companies,; or to any 566
action that may be taken by the superintendent of financial 567
institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 568
1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 570
1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37,
1733.412, or 1761.03 of the Revised Code. 571
Sections 119.01 to 119.13 of the Revised Code do not apply 574
to actions of the industrial commission or the bureau of workers' 575
compensation under sections 4123.01 to 4123.94 of the Revised 576
Code with respect to all matters of adjudication, and to the 577
actions of the industrial commission and bureau of workers' 578
compensation under division (D) of section 4121.32 and sections 579
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 581
the Revised Code. 582
Sections 119.01 to 119.13 of the Revised Code do not apply 585
to actions of the bureau of employment services, except those 586
relating to all of the following:
(1) The adoption, amendment, or rescission of rules; 589
(2) The issuance, suspension, revocation, or cancellation 591
of licenses;
(3) Any hearing held pursuant to sections 4115.03 to 593
15
4115.16 of the Revised Code or Chapter 4109. or 4111. of the 594
Revised Code.
(B) "License" means any license, permit, certificate, 596
commission, or charter issued by any agency. "License" does not 597
include any arrangement whereby a person, institution, or entity 598
furnishes medicaid services under a provider agreement with the 599
department of human services pursuant to Title XIX of the "Social 600
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 601
(C) "Rule" means any rule, regulation, or standard, having 603
a general and uniform operation, adopted, promulgated, and 604
enforced by any agency under the authority of the laws governing 605
such agency, and includes any appendix to a rule. "Rule" does 606
not include any internal management rule of an agency unless the 607
internal management rule affects private rights and does not 608
include any guideline adopted pursuant to section 3301.0714 of 609
the Revised Code. 610
(D) "Adjudication" means the determination by the highest 612
or ultimate authority of an agency of the rights, duties, 613
privileges, benefits, or legal relationships of a specified 614
person, but does not include the issuance of a license in 615
response to an application with respect to which no question is 616
raised, nor other acts of a ministerial nature. 617
(E) "Hearing" means a public hearing by any agency in 619
compliance with procedural safeguards afforded by sections 119.01 620
to 119.13 of the Revised Code. 621
(F) "Person" means a person, firm, corporation, 623
association, or partnership. 624
(G) "Party" means the person whose interests are the 626
subject of an adjudication by an agency. 627
(H) "Appeal" means the procedure by which a person, 629
aggrieved by a finding, decision, order, or adjudication of any 630
agency, invokes the jurisdiction of a court. 631
(I) "Rule-making agency" means any board, commission, 633
department, division, or bureau of the government of the state 634
16
that is required to file proposed rules, amendments, or 635
rescissions under division (D) of section 111.15 of the Revised 636
Code and any agency that is required to file proposed rules, 637
amendments, or rescissions under divisions (B) and (H) of section 638
119.03 of the Revised Code. "Rule-making agency" includes the 639
public utilities commission. "Rule-making agency" does not 641
include any state-supported college or university. 642
(J) "Substantive revision" means any addition to, 644
elimination from, or other change in a rule, an amendment of a 645
rule, or a rescission of a rule, whether of a substantive or 646
procedural nature, that changes any of the following: 647
(1) That which the rule, amendment, or rescission permits, 649
authorizes, regulates, requires, prohibits, penalizes, rewards, 650
or otherwise affects; 651
(2) The scope or application of the rule, amendment, or 653
rescission. 654
(K) "Internal management rule" means any rule, regulation, 656
or standard governing the day-to-day staff procedures and 657
operations within an agency. 658
Sec. 121.372. (A) AS USED IN THIS SECTION: 660
(1) "DEPARTMENT" INCLUDES THE STATE BOARD OF EDUCATION. 662
(2)(a) "SUBSTITUTE CARE PROVIDER" MEANS A PERSON OR 665
GOVERNMENT ENTITY THAT MUST MEET CERTIFICATION OR LICENSURE 666
STANDARDS ESTABLISHED BY RULES ADOPTED BY A DEPARTMENT 667
REPRESENTED ON THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL 669
FOR THE PROVISION OF OUT-OF-HOME CARE TO A MINOR IN THE PLACE OF 670
THE MINOR'S PARENT OR GUARDIAN. "SUBSTITUTE CARE PROVIDER" 671
INCLUDES ALL OF THE FOLLOWING:
(i) AN ALCOHOL AND DRUG ADDICTION PROGRAM SUBJECT TO 674
CERTIFICATION UNDER SECTION 3793.06 OF THE REVISED CODE; 676
(ii) AN INSTITUTION OR ASSOCIATION SUBJECT TO 678
CERTIFICATION UNDER SECTION 5103.03 OF THE REVISED CODE; 681
(iii) A CRISIS NURSERY SUBJECT TO LICENSURE UNDER SECTION 684
5103.031 OF THE REVISED CODE; 685
17
(iv) A HOSPITAL TREATING MENTALLY ILL PERSONS SUBJECT TO 688
LICENSURE UNDER SECTION 5119.20 OF THE REVISED CODE; 690
(v) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER 693
SECTION 5119.22 OF THE REVISED CODE; 695
(vi) A COMMUNITY MENTAL HEALTH PROGRAM, AGENCY, OR 697
FACILITY SUBJECT TO CERTIFICATION UNDER DIVISION (M) OF SECTION 699
5119.61 OF THE REVISED CODE; 701
(vii) A HABILITATION CENTER SUBJECT TO CERTIFICATION UNDER 704
SECTION 5123.041 OF THE REVISED CODE; 706
(viii) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER 709
SECTION 5123.19 OF THE REVISED CODE; 711
(ix) A RESPITE CARE HOME SUBJECT TO CERTIFICATION UNDER 714
DIVISION (A)(9) OF SECTION 5126.05 OF THE REVISED CODE. 716
(b) "SUBSTITUTE CARE PROVIDER" DOES NOT MEAN ANY OF THE 719
FOLLOWING:
(i) A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS 722
DEFINED IN SECTION 3301.52 OF THE REVISED CODE; 724
(ii) A CHILD DAY-CARE CENTER, TYPE A FAMILY DAY-CARE HOME, 727
OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN SECTION 5104.01 OF 729
THE REVISED CODE; 731
(iii) AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY 734
RETARDED, AS DEFINED IN SECTION 5111.20 OF THE REVISED CODE; 736
(iv) ANY OTHER PERSON OR GOVERNMENT ENTITY THE OHIO FAMILY 739
AND CHILDREN FIRST CABINET COUNCIL DOES NOT CONSIDER TO BE A 740
SUBSTITUTE CARE PROVIDER. 741
(B) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF 744
THIS SECTION, THE MEMBERS OF THE OHIO FAMILY AND CHILDREN FIRST 746
CABINET COUNCIL, OTHER THAN THE DIRECTOR OF BUDGET AND 747
MANAGEMENT, SHALL ENTER INTO AN AGREEMENT TO ESTABLISH AN OFFICE 748
TO PERFORM THE DUTIES PRESCRIBED BY DIVISION (C) OF THIS SECTION. 749
THE AGREEMENT SHALL SPECIFY ONE OF THE DEPARTMENTS REPRESENTED ON 750
THE COUNCIL AS THE DEPARTMENT RESPONSIBLE FOR HOUSING AND 751
SUPERVISING THE OFFICE. THE AGREEMENT SHALL INCLUDE THE 752
RECOMMENDATION OF THE COUNCIL FOR FUNDING THE OFFICE. 754
18
(C) THE OFFICE ESTABLISHED PURSUANT TO THE AGREEMENT 757
ENTERED INTO UNDER THIS SECTION SHALL REVIEW RULES GOVERNING THE 758
CERTIFICATION AND LICENSURE OF SUBSTITUTE CARE PROVIDERS AND 759
DETERMINE WHICH OF THE RULES CAN BE MADE SUBSTANTIVELY IDENTICAL 760
OR MORE SIMILAR IN ORDER TO MINIMIZE THE NUMBER OF DIFFERING 761
CERTIFICATION AND LICENSURE STANDARDS AND SIMPLIFY THE 762
CERTIFICATION OR LICENSURE PROCESS FOR SUBSTITUTE CARE PROVIDERS 763
SEEKING CERTIFICATION OR LICENSURE FROM TWO OR MORE OF THE 764
DEPARTMENTS REPRESENTED ON THE COUNCIL. THE OFFICE SHALL REPORT 765
ITS FINDINGS TO THE COUNCIL. EACH OF THE DEPARTMENTS REPRESENTED 766
ON THE COUNCIL THAT HAS ADOPTED RULES GOVERNING THE CERTIFICATION 767
OR LICENSURE OF SUBSTITUTE CARE PROVIDERS SHALL AMEND THE RULES 768
AS NECESSARY TO IMPLEMENT THE OFFICE'S DETERMINATIONS, EXCEPT 769
THAT NO RULE SHALL BE AMENDED SO AS TO MAKE IT INCONSISTENT WITH 770
SUBSTITUTE CARE PROVIDER CERTIFICATION OR LICENSURE PROCEDURES 771
AND STANDARDS ESTABLISHED BY FEDERAL OR STATE LAW. IN AMENDING A 772
RULE, A DEPARTMENT SHALL COMPLY WITH CHAPTER 119. OR SECTION 774
111.15 OF THE REVISED CODE, AS REQUIRED BY THE REVISED CODE 778
SECTION GOVERNING THE ADOPTION OF THE PARTICULAR RULE. 779
(D) IN ACCORDANCE WITH SECTION 124.27 OF THE REVISED CODE, 783
THE COUNCIL SHALL SELECT A COORDINATOR TO OVERSEE THE OFFICE 784
ESTABLISHED PURSUANT TO THE AGREEMENT ENTERED INTO UNDER THIS 785
SECTION. THE COORDINATOR SHALL BE IN THE CLASSIFIED SERVICE. IN 787
ADDITION TO OVERSEEING THE OFFICE, THE COORDINATOR SHALL PERFORM 788
ANY OTHER DUTIES THE COUNCIL ASSIGNS TO THE COORDINATOR.
Sec. 123.15. The director of administrative services may 797
enter into contracts with proper persons for the performance of 798
labor, the furnishing of materials, or the construction of any 799
structures and buildings necessary to the maintenance, control, 800
and management of the public works of the state, or any part 801
thereof. 802
The director shall require bonds of not less than one half 804
of the contract price from said contractors, payable to the state 805
and conditioned on the faithful performance of said contract. 806
19
Except in cases of extreme public exigency or emergency, 808
and when the cost of any proposed improvement or repair exceeds 809
five hundred dollars, the director shall give notice in a 811
newspaper of general circulation in or contiguous to the county
where the contract is to be let and where the work is to be done, 812
and he THE DIRECTOR may also advertise in such trade journals as 813
will afford full information to the public of the terms of the 815
contract and the nature of the work to be performed and the 816
character of materials required, together with the time of the 817
letting and place and manner of receiving proposals BIDS. 818
Such contracts shall be awarded to the lowest responsive 820
and responsible bidder in accordance with section 9.312 of the 821
Revised Code, shall be in writing, and shall contain specific 822
prices for each kind of work to be performed and for materials to 823
be furnished by the parties. 824
Sec. 125.023. During the period of an emergency as defined 833
in section 5502.21 of the Revised Code, the department of 834
administrative services may suspend, with regard to the emergency 835
management agency established in section 5502.22 of the Revised 836
Code OR ANY OTHER STATE AGENCY PARTICIPATING IN RECOVERY 837
ACTIVITIES AS DEFINED IN SECTION 5502.21 OF THE REVISED CODE, the 838
purchasing and contracting requirements contained in sections 840
125.02 to 125.111 of the Revised Code AND ANY OF THE REQUIREMENTS 841
OF CHAPTER 153. OF THE REVISED CODE that otherwise would apply to 842
the agency. The director of public safety or the deputy director 843
of the emergency management agency shall make the request for the 844
suspension of the purchasing and contracting THESE requirements 845
to the department of administrative services concurrently with 846
the request to the governor or the president of the United States 847
for the declaration of an emergency. The governor also shall 848
include in any proclamation he THE GOVERNOR issues declaring an 849
emergency language requesting the suspension of those 850
requirements during the period of the emergency. 851
Sec. 125.22. (A) The department of administrative 860
20
services shall establish the central service agency to perform 861
routine support for the following boards and commissions: 862
(1) State board of examiners of architects; 864
(2) Barber board; 866
(3) Chiropractic examining board; 868
(4) State board of cosmetology; 870
(5) Accountancy board; 872
(6) State dental board; 874
(7) Board of nursing; 876
(8) State board of optometry; 878
(9)(8) Ohio occupational therapy, physical therapy, and 880
athletic trainers board; 881
(10)(9) State board of registration for professional 883
engineers and surveyors; 884
(11)(10) State board of sanitarian registration; 886
(12)(11) Board of embalmers and funeral directors; 888
(13)(12) State board of psychology; 890
(14)(13) Ohio optical dispensers board; 892
(15)(14) Board of speech pathology and audiology; 894
(16)(15) Counselor and social worker board; 896
(17)(16) State veterinary medical licensing board; 898
(18)(17) Ohio board of dietetics; 900
(19)(18) Commission on Hispanic-Latino affairs; 902
(20)(19) Ohio respiratory care board. 904
(B)(1) Notwithstanding any other section of the Revised 906
Code, the agency shall perform the following routine support 907
services for the boards and commissions named in division (A) of 908
this section unless the controlling board exempts a board or 909
commission from this requirement on the recommendation of the 910
director of administrative services: 911
(a) Preparing and processing payroll and other personnel 913
documents; 914
(b) Preparing and processing vouchers, purchase orders, 916
encumbrances, and other accounting documents; 917
21
(c) Maintaining ledgers of accounts and balances; 919
(d) Preparing and monitoring budgets and allotment plans 921
in consultation with the boards and commissions; 922
(e) Maintaining information required by section 3729.40 of 924
the Revised Code;
(f) Other routine support services that the director of 926
administrative services considers appropriate to achieve 927
efficiency. 928
(2) The agency may perform other services which a board or 930
commission named in division (A) of this section delegates to the 931
agency and the agency accepts. 932
(3) The agency may perform any service for any 934
professional or occupational licensing board not named in 935
division (A) of this section or any commission if the board or 936
commission requests such service and the agency accepts. 937
(C) The director of administrative services shall be the 939
appointing authority for the agency. 940
(D) The agency shall determine the fees to be charged to 942
the boards and commissions, which shall be in proportion to the 943
services performed for each board or commission. 944
(E) Each board or commission named in division (A) of this 946
section and any other board or commission requesting services 947
from the agency shall pay these fees to the agency from the 948
general revenue fund maintenance account of the board or 949
commission or from such other fund as the operating expenses of 950
the board or commission are paid. Any amounts set aside for a 951
fiscal year by a board or commission to allow for the payment of 952
fees shall be used only for the services performed by the agency 953
in that fiscal year. All receipts collected by the agency shall 954
be deposited in the state treasury to the credit of the central 955
service agency fund, which is hereby created. All expenses 956
incurred by the agency in performing services for the boards or 957
commissions shall be paid from the fund. 958
(F) Nothing in this section shall be construed as a grant 960
22
of authority for the central service agency to initiate or deny 961
personnel or fiscal actions for the boards and commissions. 962
Sec. 125.81. The department of administrative services 971
shall: 972
(A) Analyze and inspect continuously the utilization of 974
all structures and real estate owned by the state or used by its 975
agencies; and analyze and inspect continuously the condition of 976
all such properties and their adequacy for the operations for 977
which they are used. 978
(B) Promulgate standards relating to the type of 980
architecture, plan of, and utilization of buildings and other 981
structures and public improvements. Such standards shall be 982
adhered to by the office of budget and management in examination 983
of budget requests. Such standards shall be made known to all 984
departments, institutions, universities, offices and other 985
agencies and bodies of the state, for their guidance in 986
preparation of requests and recommendations relative to new 987
buildings, new structures, or other public improvements. Before 988
promulgating such standards, the department of administrative 989
services shall hold public hearings on all proposed standards. 990
Reasonable public notice shall be given at least thirty days 991
prior to the date set for a hearing. 992
NOTHING IN THIS SECTION SHALL INTERFERE WITH THE DIRECTOR 994
OF TRANSPORTATION'S POWER TO PREPARE PLANS FOR, ACQUIRE 995
RIGHTS-OF-WAY FOR, CONSTRUCT, OR MAINTAIN TRANSPORTATION 996
FACILITIES, OR TO LET CONTRACTS FOR THOSE PURPOSES. 997
Sec. 126.03. (A) The director of budget and management 1,006
shall:
(A)(1) Prepare BIENNIALLY a capital plan that contains 1,009
AND, WITH THE CONCURRENCE OF THE GOVERNOR, SUBMIT IT TO THE
GENERAL ASSEMBLY. THE CAPITAL PLAN SHALL CONTAIN recommendations 1,010
as to the acquisition of real estate and the construction of all 1,011
public improvements. The capital plan shall extend through a 1,012
period of at least six years in the future and shall identify the 1,013
23
projects which should be undertaken in each fiscal year BIENNIUM 1,014
of the period through which the plan extends, together with 1,016
estimated costs of all such recommended projects. 1,017
(B)(2) Require biennially, from the chief administrative 1,019
authorities of affected state agencies, their recommendations as 1,020
to the acquisition of real estate and construction of public 1,021
improvements which will be needed through a period of at least 1,022
six years in the future, together with a description of each 1,023
proposed public improvement and the estimated capacity of the 1,024
improvement in terms of its proposed use, a demonstration of the 1,025
need for the real estate or public improvement, the benefits in 1,026
governmental operations expected to result from the acquisition 1,027
or construction, the state agencies which will occupy or control 1,028
the real estate or improvement, and the location of the real 1,029
estate or public improvement. The director shall evaluate such 1,030
recommended projects as to their validity and as to the 1,031
comparative degree of need among them; notify the chief 1,032
administrative authorities of the recommending agencies of the 1,033
action taken on each such recommendation; and consult with and 1,034
seek the recommendations of the chief administrative authorities 1,035
of the affected agencies on all projects being considered for 1,036
inclusion in the capital plan, whether originally proposed by the 1,037
director of budget and management or by a state agency. 1,038
(C) Prepare (3) AT THE REQUEST AND WITH THE CONCURRENCE 1,040
OF THE GOVERNOR, PREPARE and recommend, subject to the 1,041
concurrence of the governor, to the general assembly, on or 1,042
before the first day of April in each even-numbered year of the 1,043
regular session of the general assembly, a new BIENNIAL capital 1,044
plan, which shall be a revised version of the capital plan which 1,046
was in operation through the period since the last preceding 1,047
regular legislative session. The new capital plan shall include 1,048
a detailed progress report on the execution of capital 1,049
improvements, BUDGET THAT INCLUDES the recommendations of the 1,050
director of budget and management as to projects to be undertaken 1,051
24
OR REVISED during the forthcoming fiscal biennium and succeeding 1,053
fiscal years, and such other revisions as to projects or their 1,055
proper sequence as the director recommends FOLLOWING THE LATEST 1,056
BIENNIUM FOR WHICH A CAPITAL APPROPRIATIONS ACT WAS ENACTED. The 1,057
capital plan BUDGET shall include all projects which the director 1,059
considers to be necessary and feasible, whether originally 1,060
proposed by him THE DIRECTOR or by a state agency. 1,062
(D) Examine all plans, estimates of cost, and other data 1,064
which may be required, pertaining to each public improvement or 1,065
purchase of real estate, and determine whether the plans, 1,066
estimates of cost, and other data conform to the capital plan, as 1,067
required in section 153.04 of the Revised Code, and to the 1,068
standards promulgated under the authority of division (B) of 1,069
section 125.81 of the Revised Code. 1,070
Nothing in this section or section 125.81 of the Revised 1,072
Code shall interfere with the power of the director of 1,073
transportation in acquiring rights-of-way for the state highway 1,074
system or in letting contracts for the construction or 1,075
reconstruction of a highway. 1,076
(B) IN THE CAPITAL PLAN AND CAPITAL BUDGET PREPARED UNDER 1,078
THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL NOT 1,079
PROVIDE FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION 1,080
OF, OR RECONSTRUCTION OF TRANSPORTATION FACILITIES BY THE 1,081
DIRECTOR OF TRANSPORTATION, OTHER THAN TRANSPORTATION FACILITIES 1,082
FINANCED BY THE OHIO BUILDING AUTHORITY. DIVISION (A)(2) OF THIS 1,083
SECTION DOES NOT REQUIRE THE DIRECTOR OF TRANSPORTATION TO 1,084
PROVIDE TO THE DIRECTOR OF BUDGET AND MANAGEMENT RECOMMENDATIONS 1,085
FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION OF, OR
RECONSTRUCTION OF TRANSPORTATION FACILITIES, OTHER THAN 1,086
TRANSPORTATION FACILITIES FINANCED BY THE OHIO BUILDING 1,087
AUTHORITY.
Sec. 126.15. IF THE DIRECTOR OF BUDGET AND MANAGEMENT 1,089
DETERMINES THAT ADJUSTMENTS TO THE CAPITAL OR OPERATING BUDGETS 1,090
ARE REQUIRED BECAUSE OF THE REORGANIZATION OF ADMINISTRATIVE 1,091
25
AGENCIES, THE TRANSFER OF PROGRAMS, THE CREATION OF NEW FUNDS, 1,092
THE MODIFICATION OF CAPITAL PROJECTS, OR THE CONSOLIDATION OF 1,093
FUNDS, AS AUTHORIZED BY AN ACT OF THE GENERAL ASSEMBLY, THE
DIRECTOR MAY BOTH REQUIRE THE HEAD OF THE ADMINISTERING AGENCY TO 1,094
CERTIFY THE ESTIMATED AMOUNT OF THE CASH BALANCE TO BE 1,095
TRANSFERRED TO THE RECEIVING FUND AND TRANSFER THE ESTIMATED 1,096
AMOUNT TO THE RECEIVING FUND WHEN NEEDED TO MAKE PAYMENT. NOT 1,097
MORE THAN THIRTY DAYS AFTER CERTIFYING THE ESTIMATED AMOUNT, THE
HEAD OF THE ADMINISTERING AGENCY SHALL CERTIFY TO THE DIRECTOR 1,098
THE FINAL AMOUNT TO BE TRANSFERRED. THE DIRECTOR SHALL ADJUST 1,099
THE AMOUNT TRANSFERRED TO REFLECT ANY DIFFERENCE BETWEEN THE 1,100
ESTIMATED AMOUNT TRANSFERRED AND THE FINAL AMOUNT. 1,101
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY CANCEL 1,103
ENCUMBRANCES AND REESTABLISH ENCUMBRANCES OR PARTS OF 1,104
ENCUMBRANCES AS NEEDED IN THE APPROPRIATE FUNDS AND APPROPRIATION 1,105
ITEMS FOR THE SAME PURPOSES AND SAME VENDORS. THE DIRECTOR MAY 1,106
TRANSFER APPROPRIATION AUTHORITY NECESSARY TO REESTABLISH SUCH
ENCUMBRANCES IN A DIFFERENT FUND OR APPROPRIATION ITEM WITHIN AN 1,107
AGENCY OR BETWEEN AGENCIES AS THE DIRECTOR DETERMINES NECESSARY. 1,108
THE DIRECTOR SHALL REDUCE EACH OF THE APPROPRIATION BALANCES OF 1,109
EACH FISCAL YEAR BY THE AMOUNT OF THE ENCUMBRANCES CANCELED IN 1,110
THE RESPECTIVE FUNDS OR APPROPRIATION ITEMS.
THE DIRECTOR ALSO MAY TRANSFER ANY UNENCUMBERED OR 1,112
UNALLOTTED BALANCES TO THE APPROPRIATE LINE ITEM TO BE USED FOR 1,113
THE SAME PURPOSES.
Sec. 127.14. The controlling board may, at the request of 1,122
any state agency or the director of budget and management, 1,123
authorize, with respect to the provisions of any appropriation 1,124
act: 1,125
(A) Transfers of all or part of an appropriation within 1,127
but not between state agencies, except such transfers as the 1,128
director of budget and management is authorized by law to make, 1,129
provided that no transfer shall be made by the director for the 1,130
purpose of effecting new or changed levels of program service not 1,131
26
authorized by the general assembly; 1,132
(B) Transfers of all or part of an appropriation from one 1,134
fiscal year to another; 1,135
(C) Transfers of all or part of an appropriation within or 1,137
between state agencies made necessary by administrative 1,138
reorganization or by the abolition of an agency or part of an 1,139
agency; 1,140
(D) Transfers of all or part of cash balances in excess of 1,142
needs from any fund of the state to the general revenue fund or 1,143
to such other fund of the state to which the money would have 1,144
been credited in the absence of the fund from which the transfers 1,145
are authorized to be made, except that the controlling board may 1,146
not authorize such transfers from the accrued leave liability 1,147
fund, auto registration distribution fund, budget stabilization 1,148
fund, development bond retirement fund, facilities establishment 1,149
fund, gasoline excise tax fund, general revenue fund, higher 1,150
education improvement fund, highway improvement bond retirement 1,151
fund, highway obligations bond retirement fund, highways 1,152
obligations construction fund, highway operating fund, horse 1,153
racing tax fund, improvements bond retirement fund, library and 1,154
local government support fund, liquor control fund, local 1,155
government fund, local transportation improvement program fund, 1,156
mental health facilities improvement fund, Ohio fairs fund, parks 1,157
and recreation improvement fund, public improvements bond 1,158
retirement fund, public school building fund, school district 1,159
income tax fund, state agency facilities improvement fund, state 1,160
and local government highway distribution fund, state highway 1,161
safety fund, state lottery fund, undivided liquor permit fund, 1,162
Vietnam conflict compensation bond retirement fund, volunteer 1,163
fire fighters' dependents fund, waterways safety fund, wildlife 1,164
fund, workers' compensation fund, or any fund not specified in 1,165
this division that the director of budget and management 1,166
determines to be a bond fund or bond retirement fund; 1,167
(E) Transfers of all or part of those appropriations 1,169
27
included in the emergency purposes account of the controlling 1,170
board; 1,171
(F) Temporary transfers of all or part of an appropriation 1,173
or other moneys into and between existing funds, or new funds, as 1,174
may be established by law when needed for capital outlays for 1,175
which notes or bonds will be issued; 1,176
(G) Transfer or release of all or part of an appropriation 1,178
to a state agency requiring controlling board approval of such 1,179
transfer or release as provided by law; 1,180
(H) Temporary transfer of funds included in the emergency 1,182
purposes appropriation of the controlling board. Such temporary 1,183
transfers may be made subject to conditions specified by the 1,184
controlling board at the time temporary transfers are authorized. 1,185
No transfers shall be made under this division for the purpose of 1,186
effecting new or changed levels of program service not authorized 1,187
by the general assembly. 1,188
As used in this section, "request" means an application by 1,190
a state agency or the director of budget and management seeking 1,191
some action by the controlling board. 1,192
WHEN AUTHORIZING THE TRANSFER OF ALL OR PART OF AN 1,194
APPROPRIATION UNDER THIS SECTION, THE CONTROLLING BOARD MAY 1,195
AUTHORIZE THE TRANSFER TO AN EXISTING APPROPRIATION ITEM AND THE 1,196
CREATION OF AND TRANSFER TO A NEW APPROPRIATION ITEM. 1,197
Whenever there is a transfer of all or part of funds 1,199
included in the emergency purposes appropriation by the 1,200
controlling board, pursuant to division (E) of this section, the 1,201
state agency or the director of budget and management receiving 1,202
such transfer shall keep a detailed record of the use of the 1,203
transferred funds. At the earliest scheduled meeting of the 1,204
controlling board following the accomplishment of the purposes 1,205
specified in the request originally seeking the transfer, or 1,206
following the total expenditure of the transferred funds for the 1,207
specified purposes, the state agency or the director of budget 1,208
and management shall submit a report on the expenditure of such 1,209
28
funds to the board. The portion of any appropriation so 1,210
transferred which is not required to accomplish the purposes 1,211
designated in the original request to the controlling board shall 1,212
be returned to the proper appropriation of the controlling board 1,213
at this time. 1,214
Notwithstanding any provisions of law providing for the 1,216
deposit of revenues received by a state agency to the credit of a 1,217
particular fund in the state treasury, whenever there is a 1,218
temporary transfer of funds included in the emergency purposes 1,219
appropriation of the controlling board pursuant to division (H) 1,220
of this section, revenues received by any state agency receiving 1,221
such a temporary transfer of funds shall, as directed by the 1,222
controlling board, be transferred back to the emergency purposes 1,223
appropriation. 1,224
The board may delegate to the director of budget and 1,226
management authority to approve transfers among items of 1,227
appropriation under division (A) of this section. 1,228
Sec. 127.16. (A) Upon the request of either a state 1,237
agency or the director of budget and management and after the 1,238
controlling board determines that an emergency or a sufficient 1,239
economic reason exists, the controlling board may approve the 1,241
making of a purchase without competitive selection as provided in
division (B) of this section. 1,242
(B) Except as otherwise provided in this section, no state 1,244
agency, using money that has been appropriated to it directly, 1,245
shall: 1,246
(1) Make any purchase from a particular supplier, that 1,248
would amount to fifty thousand dollars or more when combined with 1,249
both the amount of all disbursements to the supplier during the 1,250
fiscal year for purchases made by the agency and the amount of 1,251
all outstanding encumbrances for purchases made by the agency 1,252
from the supplier, unless the purchase is made by competitive 1,253
selection or with the approval of the controlling board; 1,254
(2) Lease real estate from a particular supplier, if the 1,256
29
lease would amount to seventy-five thousand dollars or more when 1,257
combined with both the amount of all disbursements to the 1,258
supplier during the fiscal year for real estate leases made by 1,259
the agency and the amount of all outstanding encumbrances for 1,260
real estate leases made by the agency from the supplier, unless 1,261
the lease is made by competitive selection or with the approval 1,262
of the controlling board. 1,263
(C) Any person who authorizes a purchase in violation of 1,265
division (B) of this section shall be liable to the state for any 1,266
state funds spent on the purchase, and the attorney general shall 1,267
collect the amount from the person. 1,268
(D) Nothing in division (B) of this section shall be 1,270
construed as: 1,271
(1) A limitation upon the authority of the director of 1,273
transportation as granted in sections 5501.17, 5517.02, and 1,274
5525.14 of the Revised Code; 1,275
(2) Applying to medicaid provider agreements under Chapter 1,277
5111. of the Revised Code or payments or provider agreements 1,280
under disability assistance medical assistance established under 1,281
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,283
supplier by a state licensing board under Title XLVII of the 1,284
Revised Code; 1,285
(4) Applying to entertainment contracts for the Ohio state 1,287
fair entered into by the Ohio expositions commission, provided 1,288
that the controlling board has given its approval to the 1,289
commission to enter into such contracts and has approved a total 1,290
budget amount for such contracts as agreed upon by commission 1,291
action, and that the commission causes to be kept itemized 1,292
records of the amounts of money spent under each contract and 1,293
annually files those records with the legislative clerk of the 1,294
house of representatives and the clerk of the senate following 1,295
the close of the fair; 1,296
(5) Limiting the authority of the chief of the division of 1,298
30
mines and reclamation to contract for reclamation work with an 1,299
operator mining adjacent land as provided in section 1513.27 of 1,300
the Revised Code; 1,301
(6) Applying to investment transactions and procedures of 1,303
any state agency, except that the agency shall file with the 1,304
board the name of any person with whom the agency contracts to 1,305
make, broker, service, or otherwise manage its investments, as 1,306
well as the commission, rate, or schedule of charges of such 1,307
person with respect to any investment transactions to be 1,308
undertaken on behalf of the agency. The filing shall be in a 1,309
form and at such times as the board considers appropriate. 1,310
(7) Applying to purchases made with money for the per cent 1,312
for arts program established by section 3379.10 of the Revised 1,313
Code; 1,314
(8) Applying to purchases made by the rehabilitation 1,316
services commission of services, or supplies, that are provided 1,317
to persons with disabilities, or to purchases made by the 1,318
commission in connection with the eligibility determinations it 1,319
makes for applicants of programs administered by the social 1,320
security administration; 1,321
(9) Applying to payments by the department of human 1,323
services under section 5111.13 of the Revised Code for group 1,324
health plan premiums, deductibles, coinsurance, and other 1,325
cost-sharing expenses; 1,326
(10) Applying to any agency of the legislative branch of 1,328
the state government; 1,329
(11) Applying to agreements entered into under section 1,331
5101.11, 5101.21, or 5101.211 of the Revised Code; 1,332
(12) Applying to purchases of services by the adult parole 1,334
authority under section 2967.14 of the Revised Code or by the 1,335
department of youth services under section 5139.08 of the Revised 1,336
Code; 1,337
(13) Applying to dues or fees paid for membership in an 1,339
organization or association; 1,340
31
(14) Applying to purchases of utility services pursuant to 1,342
section 9.30 of the Revised Code; 1,343
(15) Applying to purchases made in accordance with rules 1,345
adopted by the department of administrative services of motor 1,346
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,347
such vehicles; 1,348
(16) Applying to purchases of tickets for passenger air 1,350
transportation; 1,351
(17) Applying to purchases necessary to provide public 1,353
notifications required by law or to provide notifications of job 1,354
openings; 1,355
(18) Applying to the judicial branch of state government; 1,357
(19) Applying to purchases of liquor for resale by the 1,359
department or, on and after July 1, 1997, the division of liquor 1,360
control;
(20) Applying to purchases of motor courier and freight 1,362
services made in accordance with department of administrative 1,363
services rules; 1,364
(21) Applying to purchases from the United States postal 1,366
service and purchases of stamps and postal meter replenishment 1,367
from vendors at rates established by the United States postal 1,368
service; 1,369
(22) Applying to purchases of books, periodicals, 1,371
pamphlets, newspapers, maintenance subscriptions, and other 1,372
published materials; 1,373
(23) Applying to purchases from other state agencies, 1,375
including state-assisted institutions of higher education; 1,376
(24) Limiting the authority of the director of 1,378
environmental protection to enter into contracts under division 1,379
(D) of section 3745.14 of the Revised Code to conduct compliance 1,380
reviews, as defined in division (A) of that section; 1,381
(25) Applying to purchases from a qualified nonprofit 1,383
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,384
Code; 1,385
32
(26) Applying to payments by the department of human 1,387
services to the United States department of health and human 1,388
services for printing and mailing notices pertaining to the tax 1,389
refund offset program of the internal revenue service of the 1,390
United States department of the treasury; 1,391
(27) Applying to contracts entered into by the department 1,393
of mental retardation and developmental disabilities under 1,394
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,395
(28) Applying to payments made by the department of mental 1,397
health under a physician recruitment program authorized by 1,398
section 5119.101 of the Revised Code; 1,399
(29) Applying to contracts entered into with persons by 1,401
the director of commerce for unclaimed funds collection and 1,402
remittance efforts as provided in division (F) of section 169.03 1,404
of the Revised Code. The director shall keep an itemized 1,407
accounting of unclaimed funds collected by those persons and 1,408
amounts paid to them for their services.
(30) APPLYING TO PURCHASES MADE BY A STATE INSTITUTION OF 1,410
HIGHER EDUCATION IN ACCORDANCE WITH THE TERMS OF A CONTRACT 1,412
BETWEEN THE VENDOR AND AN INTER-UNIVERSITY PURCHASING GROUP 1,413
COMPRISED OF PURCHASING OFFICERS OF STATE INSTITUTIONS OF HIGHER 1,414
EDUCATION.
(E) Notwithstanding division (B)(1) of this section, the 1,416
cumulative purchase threshold shall be seventy-five thousand 1,417
dollars for the departments of mental retardation and 1,418
developmental disabilities, mental health, rehabilitation and 1,419
correction, and youth services. 1,420
(F) When determining whether a state agency has reached 1,422
the cumulative purchase thresholds established in divisions 1,423
(B)(1), (B)(2), and (E) of this section, all of the following 1,424
purchases by such agency shall not be considered: 1,425
(1) Purchases made through competitive selection or with 1,427
controlling board approval; 1,428
(2) Purchases listed in division (D) of this section; 1,430
33
(3) For the purposes of the thresholds of divisions (B)(1) 1,432
and (E) of this section only, leases of real estate. 1,433
(G) As used in this section, "competitive selection," 1,435
"purchase," "supplies," and "services" have the same meanings as 1,436
in section 125.01 of the Revised Code. 1,437
Sec. 133.04. (A) As used in this chapter, "net 1,447
indebtedness" means, as determined pursuant to this section, the 1,448
principal amount of the outstanding securities of a subdivision 1,449
less the amount held in a bond retirement fund to the extent such 1,450
amount is not taken into account in determining the principal 1,451
amount outstanding under division (AA) of section 133.01 of the 1,452
Revised Code. For purposes of this definition, the principal 1,453
amount of outstanding securities includes the principal amount of 1,454
outstanding securities of another subdivision apportioned to the 1,455
subdivision as a result of acquisition of territory, and excludes 1,456
the principal amount of outstanding securities of the subdivision 1,457
apportioned to another subdivision as a result of loss of 1,458
territory and the payment or reimbursement obligations of the 1,459
subdivision under credit enhancement facilities relating to 1,460
outstanding securities. 1,461
(B) In calculating the net indebtedness of a subdivision, 1,463
none of the following securities, including anticipatory 1,464
securities issued in anticipation of their issuance, shall be 1,465
considered: 1,466
(1) Securities issued in anticipation of the levy or 1,468
collection of special assessments, either in original or refunded 1,469
form; 1,470
(2) Securities issued in anticipation of the collection of 1,472
current revenues for the fiscal year or other period not to 1,473
exceed twelve consecutive months, or securities issued in 1,474
anticipation of the collection of the proceeds from a 1,475
specifically identified voter-approved tax levy; 1,476
(3) Securities issued for purposes described in section 1,478
133.12 of the Revised Code; 1,479
34
(4) Securities issued under Chapter 122., 140., 165., 1,481
725., or 761., or section 131.23 of the Revised Code; 1,482
(5) Securities issued to pay final judgments or court 1,484
approved settlements under authorizing laws and securities issued 1,485
under section 2744.081 of the Revised Code; 1,486
(6) Securities issued to pay costs of permanent 1,488
improvements to the extent they are issued in anticipation of the 1,489
receipt of, and are payable as to principal from, federal or 1,490
state grants OR DISTRIBUTIONS for, OR LEGALLY AVAILABLE FOR, that 1,492
principal or for the costs of those permanent improvements; 1,493
(7) Securities issued to evidence loans from the state 1,495
capital improvements fund pursuant to Chapter 164. of the Revised 1,496
Code OR FROM THE STATE INFRASTRUCTURE BANK PURSUANT TO SECTION 1,497
5531.09 OF THE REVISED CODE; 1,498
(8) Other securities, including self-supporting 1,500
securities, excepted by law from the calculation of net 1,501
indebtedness or from the application of this chapter; 1,502
(9) Any other securities outstanding on the effective date 1,504
of this amendment OCTOBER 30, 1989, and then excepted from the 1,506
calculation of net indebtedness or from the application of this 1,507
chapter, and securities issued at any time to fund or refund 1,508
those securities. 1,509
Sec. 133.06. (A) A school district shall not incur, 1,518
without a vote of the electors, net indebtedness that exceeds an 1,519
amount equal to one-tenth of one per cent of its tax valuation, 1,520
except as provided in divisions (G) and (H) of this section and 1,522
in division (C) of section 3313.372 of the Revised Code. 1,523
(B) Except as provided in divisions (E) and (F) of this 1,525
section, a school district shall not incur net indebtedness that 1,526
exceeds an amount equal to nine per cent of its tax valuation. 1,527
(C) A school district shall not submit to a vote of the 1,529
electors the question of the issuance of securities in an amount 1,530
that will make the district's net indebtedness after the issuance 1,531
of the securities exceed an amount equal to four per cent of its 1,532
35
tax valuation, unless the superintendent of public instruction, 1,533
acting under policies adopted by the state board of education, 1,534
and the tax commissioner, acting under written policies of the 1,535
commissioner, consent to the submission. A request for the 1,536
consents shall be made at least thirty days prior to the election 1,537
at which the question is to be submitted, except that the 1,538
superintendent of public instruction and the tax commissioner may 1,539
waive this thirty-day deadline or grant their consents after the 1,540
election if the school district shows good cause for such waiver 1,541
or consent after the election. 1,542
(D) In calculating the net indebtedness of a school 1,544
district, none of the following shall be considered: 1,545
(1) Securities issued to acquire school buses and other 1,547
equipment used in transporting pupils or issued pursuant to 1,548
division (D) of section 133.10 of the Revised Code; 1,549
(2) Securities issued under division (F) of this section, 1,551
under section 133.301 of the Revised Code, and, to the extent in 1,552
excess of the limitation stated in division (B) of this section, 1,553
under division (E) of this section; 1,554
(3) Indebtedness resulting from the dissolution of a joint 1,556
vocational school district under section 3311.217 of the Revised 1,557
Code, evidenced by outstanding securities of that joint 1,558
vocational school district; 1,559
(4) Loans, evidenced by any securities, received under 1,561
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 1,562
Revised Code; 1,563
(5) Debt incurred under section 3313.374 of the Revised 1,565
Code;
(6) Debt incurred pursuant to division (B)(5) of section 1,568
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 1,570
as to certain securities as provided in division (E) of this 1,571
section. 1,572
36
(1) A board of education, by resolution, may declare its 1,574
school district to be a special needs district by determining 1,575
both of the following: 1,576
(a) The student population is not being adequately 1,578
serviced by the existing permanent improvements of the district. 1,579
(b) The district cannot obtain sufficient funds by the 1,581
issuance of securities within the limitation of division (B) of 1,582
this section to provide additional or improved needed permanent 1,583
improvements in time to meet the needs. 1,584
(2) The board of education shall certify a copy of that 1,586
resolution to the superintendent of public instruction with a 1,587
statistical report showing all of the following: 1,588
(a) A history of and a projection of the growth of the 1,590
student population; 1,591
(b) The history of and a projection of the growth of the 1,593
tax valuation; 1,594
(c) The projected needs; 1,596
(d) The estimated cost of permanent improvements proposed 1,598
to meet such projected needs. 1,599
(3) The superintendent of public instruction shall certify 1,601
the district as an approved special needs district if the 1,602
superintendent finds both of the following: 1,603
(a) The district does not have available sufficient 1,605
additional funds from state or federal sources to meet the 1,606
projected needs. 1,607
(b) The projection of the potential average growth of tax 1,609
valuation during the next five years, according to the 1,610
information certified to the superintendent and any other 1,611
information the superintendent obtains, indicates a likelihood of 1,612
potential average growth of tax valuation of the district during 1,613
the next five years of an average of not less than three per cent 1,614
per year. The findings and certification of the superintendent 1,615
shall be conclusive. 1,616
(4) An approved special needs district may incur net 1,618
37
indebtedness by the issuance of securities in accordance with the 1,619
provisions of this chapter in an amount that does not exceed an 1,620
amount equal to the greater of the following: 1,621
(a) Nine per cent of the sum of its tax valuation plus an 1,623
amount that is the product of multiplying that tax valuation by 1,624
the percentage by which the tax valuation has increased over the 1,625
tax valuation on the first day of the sixtieth month preceding 1,626
the month in which its board determines to submit to the electors 1,627
the question of issuing the proposed securities; 1,628
(b) Nine per cent of the sum of its tax valuation plus an 1,630
amount that is the product of multiplying that tax valuation by 1,631
the percentage, determined by the superintendent of public 1,632
instruction, by which that tax valuation is projected to increase 1,633
during the next ten years. 1,634
(F) A school district may issue securities for emergency 1,636
purposes, in a principal amount that does not exceed an amount 1,637
equal to three per cent of its tax valuation, as provided in this 1,638
division. 1,639
(1) A board of education, by resolution, may declare an 1,641
emergency if it determines both of the following: 1,642
(a) School buildings or other necessary school facilities 1,644
in the district have been wholly or partially destroyed, or 1,645
condemned by a constituted public authority, or that such 1,646
buildings or facilities are partially constructed, or so 1,647
constructed or planned as to require additions and improvements 1,648
to them before the buildings or facilities are usable for their 1,649
intended purpose, or that corrections to permanent improvements 1,650
are necessary to remove or prevent health or safety hazards. 1,651
(b) Existing fiscal and net indebtedness limitations make 1,653
adequate replacement, additions, or improvements impossible. 1,654
(2) Upon the declaration of an emergency, the board of 1,656
education may, by resolution, submit to the electors of the 1,657
district pursuant to section 133.18 of the Revised Code the 1,658
question of issuing securities for the purpose of paying the 1,659
38
cost, in excess of any insurance or condemnation proceeds 1,660
received by the district, of permanent improvements to respond to 1,661
the emergency need. 1,662
(3) The procedures for the election shall be as provided 1,664
in section 133.18 of the Revised Code, except that: 1,665
(a) The form of the ballot shall describe the emergency 1,667
existing, refer to this division as the authority under which the 1,668
emergency is declared, and state that the amount of the proposed 1,669
securities exceeds the limitations prescribed by division (B) of 1,670
this section; 1,671
(b) The resolution required by division (B) of section 1,673
133.18 of the Revised Code shall be certified to the county 1,674
auditor and the board of elections at least seventy-five days 1,675
prior to the election; 1,676
(c) The county auditor shall advise and, not later than 1,678
sixty-five days before the election, confirm that advice by 1,679
certification to, the board of education of the information 1,680
required by division (C) of section 133.18 of the Revised Code; 1,681
(d) The board of education shall then certify its 1,683
resolution and the information required by division (D) of 1,684
section 133.18 of the Revised Code to the board of elections not 1,685
less than sixty days prior to the election. 1,686
(4) Notwithstanding division (B) of section 133.21 of the 1,688
Revised Code, the first principal payment of securities issued 1,689
under this division may be set at any date not later than sixty 1,690
months after the earliest possible principal payment otherwise 1,691
provided for in that division. 1,692
(G) The board of education may contract with an architect, 1,694
professional engineer, or other person experienced in the design 1,695
and implementation of energy conservation measures for an 1,696
analysis and recommendations pertaining to installations, 1,697
modifications of installations, or remodeling that would 1,698
significantly reduce energy consumption in buildings owned by the 1,699
district. The report shall include estimates of all costs of 1,700
39
such installations, modifications, or remodeling, including costs 1,701
of design, engineering, installation, maintenance, repairs, and 1,702
debt service, and estimates of the amounts by which energy 1,703
consumption and resultant operational and maintenance costs, as 1,704
defined by the Ohio school facilities commission, would be 1,706
reduced.
If the board finds after receiving the report that the 1,708
amount of money the district would spend on such installations, 1,709
modifications, or remodeling is not likely to exceed the amount 1,710
of money it would save in energy and resultant operational and 1,711
maintenance costs over the ensuing fifteen years, the board may 1,713
submit to the commission a copy of its findings and a request for 1,714
approval to incur indebtedness to finance the making or 1,716
modification of installations or the remodeling of buildings for 1,717
the purpose of significantly reducing energy consumption. 1,718
If the commission determines that the board's findings are 1,721
reasonable, it shall approve the board's request. Upon receipt 1,722
of the commission's approval, the district may issue securities 1,724
without a vote of the electors in a principal amount not to 1,725
exceed nine-tenths of one per cent of its tax valuation for the 1,726
purpose of making such installations, or modifications, or 1,727
remodeling, but the total net indebtedness of the district 1,728
without a vote of the electors incurred under this and all other 1,729
sections of the Revised Code shall not exceed one per cent of the 1,730
district's tax valuation. 1,731
So long as any securities issued under division (G) of this 1,734
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 1,735
costs of buildings in which installations or modifications have 1,737
been made or remodeling has been done pursuant to division (G) of 1,738
this section and shall maintain and annually update a report 1,740
documenting the reductions in energy consumption and resultant 1,741
operational and maintenance cost savings attributable to such 1,742
installations, modifications, or remodeling. The report shall be 1,743
40
certified by an architect or engineer independent of any person 1,744
that provided goods or services to the board in connection with 1,745
the energy conservation measures that are the subject of the 1,746
report. The resultant operational and maintenance cost savings 1,747
shall be certified by the school district treasurer. The report 1,748
shall be made available to the commission upon request. 1,749
(H) With the consent of the superintendent of public 1,751
instruction, a school district may incur without a vote of the 1,752
electors net indebtedness that exceeds the amounts stated in 1,753
divisions (A) and (G) of this section for the purpose of paying 1,755
costs of permanent improvements, if and to the extent that both 1,756
of the following conditions are satisfied: 1,757
(1) The fiscal officer of the school district estimates 1,759
that receipts of the school district from compensation derived 1,760
from or PAYMENTS MADE under agreements entered into pursuant to 1,761
DIVISION (F) OF SECTION 5709.081 OR section 5709.82 of the 1,763
Revised Code, or distributions under division (C) of section 1,764
5709.43 of the Revised Code, or any combination thereof, are, 1,765
after accounting for any appropriate coverage requirements,
sufficient in time and amount, and are committed by the 1,766
proceedings, to pay the debt charges on the securities issued to 1,767
evidence that indebtedness and payable from those receipts, and 1,768
the taxing authority of the district confirms the fiscal 1,769
officer's estimate, which confirmation is approved by the 1,770
superintendent of public instruction; 1,771
(2) The fiscal officer of the school district certifies, 1,773
and the taxing authority of the district confirms, that the 1,774
district, at the time of the certification and confirmation, 1,775
reasonably expects to have sufficient revenue available for the 1,776
purpose of operating such permanent improvements for their 1,777
intended purpose upon acquisition or completion thereof, and the 1,778
superintendent of public instruction approves the taxing 1,779
authority's confirmation. 1,780
The maximum maturity of securities issued under division 1,782
41
(H) of this section shall be the lesser of twenty years or the 1,783
maximum maturity calculated under section 133.20 of the Revised 1,784
Code. 1,785
Sec. 153.01. Whenever any building or structure for the 1,794
use of the state or any institution supported in whole or in part 1,795
by the state or in or upon the public works of the state that is 1,796
administered by the director of administrative services OR BY ANY 1,797
OTHER STATE OFFICER OR STATE AGENCY AUTHORIZED BY LAW TO 1,798
ADMINISTER A PROJECT, INCLUDING AN EDUCATIONAL INSTITUTION LISTED 1,799
IN SECTION 3345.50 OR 3345.51 OF THE REVISED CODE, is to be 1,800
erected or constructed, or whenever additions, alterations, or 1,801
structural or other improvements are to be made, or WHENEVER 1,802
heating, cooling, or ventilating plants or other equipment is to 1,803
be installed or material supplied therefor, the aggregate cost of 1,804
which amounts to ten thousand dollars or more, each officer, 1,806
board, or other authority upon which devolves the duty of 1,807
constructing, erecting, altering, or installing the same, 1,808
referred to in sections 153.01 to 153.60 of the Revised Code as 1,809
the owner, shall cause to be made, by an architect or engineer 1,810
whose contract of employment shall be prepared and approved by 1,811
the attorney general and filed with the director, the following: 1,812
(A) Full and accurate plans, suitable for the use of 1,814
mechanics and other builders in such construction, improvement, 1,815
addition, alteration, or installation; 1,816
(B) Details to scale and full sized, so drawn and 1,818
represented as to be easily understood; 1,819
(C) Accurate bills showing the exact quantity of different 1,821
kinds of material necessary to the construction; 1,822
(D) Definite and complete specifications of the work to be 1,824
performed, together with such directions as will enable a 1,825
competent mechanic or other builder to carry them out and afford 1,826
bidders all needful information; 1,827
(E) A full and accurate estimate of each item of expense 1,829
and the aggregate cost thereof; 1,830
42
(F) A life-cycle cost analysis; 1,832
(G) Such further data as may be required by the department 1,834
of administrative services. 1,835
Sec. 153.04. The plans, details, bills of material, 1,844
specifications of work, estimates of cost in detail and in the 1,845
aggregate, life-cycle cost analysis, form of bidding proposal 1,847
BID, bid guaranty, and other data that may be required shall be 1,848
prepared on such material and in such manner and form as are 1,849
prescribed by the department of administrative services, and 1,850
shall be submitted to such department for its approval. The 1,851
life-cycle costs shall be a primary consideration in the 1,852
selection of a design. If so approved the THE same shall be 1,853
deposited and safely kept in the office of the director of 1,854
administrative services or such other state agency defined as the 1,855
owner AS DEFINED in section 153.01 of the Revised Code as the 1,856
property of the state. 1,858
Sec. 153.05. The bond required by sections 153.04 and 1,867
SECTION 153.08 of the Revised Code may be enforced against the 1,869
person executing such bond, by any claimant for labor or 1,870
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 1,871
of delivering or furnishing such labor or material, in the court 1,872
of common pleas of the county wherein such labor or material was 1,873
furnished or delivered. Such bond shall not be released by the 1,874
execution of any additional security, notes, retentions from 1,875
estimates, or other instrument on account of such claim, or for 1,876
any reason, except the full payment of such claim for labor or
material.
Sec. 153.06. After the proceedings required by sections 1,885
153.01 and 153.04 of the Revised Code have been complied with, 1,886
the owner referred to in section 153.01 of the Revised Code shall 1,887
give public notice of the time and place when and where proposals 1,888
BIDS will be received for performing the labor and furnishing the 1,890
materials of such construction, improvement, alteration, 1,891
43
addition, or installation, and a contract awarded, except for 1,892
materials manufactured by the state or labor supplied by the 1,893
department of human services that may enter into the same. The 1,894
form of proposal BID approved by the department of administrative 1,896
services shall be used, and a proposal BID shall be invalid and 1,897
not considered unless such form is used without change, 1,899
alteration, or addition. Bidders may be permitted to bid upon 1,900
all the branches of work and materials to be furnished and 1,901
supplied, or upon any thereof, or alternately upon all or any 1,902
thereof.
Sec. 153.07. The notice provided for in section 153.06 of 1,911
the Revised Code shall be published once each week for three 1,912
consecutive weeks in a newspaper of general circulation in the 1,914
county where the activity for which proposals BIDS are submitted 1,916
is to occur and in such other newspapers as ordered by the 1,917
department of administrative services, the last publication to be 1,918
at least eight days preceding the day for opening the bids, and 1,919
in such form and with such phraseology as the department orders. 1,920
Copies of the plans, details, bills of material, estimates of 1,921
cost, and specifications shall be open to public inspection at 1,922
all business hours between the day of the first publication and 1,923
the day for opening the bids, at the office of the department
where the bids are received, and such other place as may be 1,924
designated in such notice. 1,925
Sec. 153.08. On the day and at the place named in the 1,934
notice provided for in section 153.06 of the Revised Code, the 1,935
owner referred to in section 153.01 of the Revised Code shall 1,936
open the proposals BIDS and shall publicly, with the assistance 1,937
of the architect or engineer, immediately proceed to tabulate the 1,939
bids upon duplicate sheets. A proposal BID shall be invalid and 1,940
not considered unless a bid guaranty meeting the requirements of 1,941
section 153.54 of the Revised Code and in the form approved by 1,942
the department of administrative services is filed with such 1,943
proposal BID and unless such proposal BID and bid guaranty are 1,945
44
filed in one sealed envelope. After investigation, which shall 1,946
be completed within thirty days, the contract shall be awarded by 1,947
such owner to the lowest responsive and responsible bidder in 1,948
accordance with section 9.312 of the Revised Code. 1,949
No contract shall be entered into until the industrial 1,951
commission has certified that the person so awarded the contract 1,952
has complied with sections 4123.01 to 4123.94 of the Revised 1,953
Code, until, if the bidder so awarded the contract is a foreign 1,954
corporation, the secretary of state has certified that such 1,955
corporation is authorized to do business in this state, until, if 1,956
the bidder so awarded the contract is a person nonresident of 1,957
this state, such person has filed with the secretary of state a 1,958
power of attorney designating the secretary of state as its agent 1,959
for the purpose of accepting service of summons in any action 1,960
brought under section 153.05 of the Revised Code or under 1,961
sections 4123.01 to 4123.94 of the Revised Code, and until the 1,962
contract and bond, if any, are submitted to the attorney general 1,963
and his THE ATTORNEY GENERAL'S approval certified thereon. 1,964
No contract shall be entered into unless the bidder 1,966
possesses a valid certificate of compliance with affirmative 1,967
action programs issued pursuant to section 9.47 of the Revised 1,968
Code and dated no earlier than one hundred eighty days prior to 1,969
the date fixed for the opening of bids for a particular project. 1,970
Sec. 153.09. If in the opinion of the owner referred to in 1,979
section 153.01 of the Revised Code, the award of a contract to 1,980
the lowest responsive and responsible bidder is not in the best 1,981
interests of the state, with the written consent of the 1,982
department of administrative services, it THE OWNER may accept 1,983
another proposal BID so opened or reject all proposals BIDS, and 1,985
advertise for other bids. Such advertisement shall be for such 1,986
time, in such form, and in such newspaper as the department 1,987
directs. All contracts shall provide that such owner may make 1,988
any change in work or materials on the conditions and in the
manner provided in sections 153.10 and 153.11 of the Revised 1,989
45
Code.
Sec. 153.10. After the plans, bills of material, 1,998
specifications of work, estimates of cost in detail and in the 1,999
aggregate, life-cycle cost analysis, form of bidding proposal 2,000
BID, bid guaranty, and other data that may be required are 2,002
approved and filed with the secretary of state OWNER as provided 2,003
DEFINED in section 153.04 153.01 of the Revised Code, no change 2,004
of plans, details, bills of material, or specifications shall be 2,006
made or allowed unless the same are approved by the department of 2,007
administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE 2,008
REVISED CODE. When so approved, the plans of the proposed 2,009
change, with detail to scale and full size, specifications of
work, and bills of material shall be filed with the original 2,010
papers. If such change affects the price, the amount thereof 2,011
shall likewise receive such approval.
Sec. 153.11. Whenever the change referred to in section 2,020
153.10 of the Revised Code is approved by the department of 2,021
administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE 2,022
REVISED CODE, accepted in writing by the contractor, and filed, 2,023
the same shall be considered as being a part of the original 2,024
contract, and the bond theretofore executed shall be held to 2,025
include and cover the same.
Sec. 153.12. (A) With respect to award of any contract 2,034
for the construction, reconstruction, improvement, enlargement, 2,035
alteration, repair, painting, or decoration of a public 2,036
improvement made by the state, or any county, township, municipal 2,037
corporation, school district, or other political subdivision, or 2,038
any public board, commission, authority, instrumentality, or 2,039
special purpose district of or in the state or a political 2,040
subdivision or that is authorized by state law, the award, and 2,041
execution of the contract, shall be made within sixty days after 2,042
the date on which the bids are opened. The failure to award and 2,043
execute the contract within sixty days invalidates the entire bid 2,044
proceedings and all bids submitted, unless the time for awarding 2,045
46
and executing the contract is extended by mutual consent of the 2,046
owner or its representatives and the bidder whose bid the owner 2,047
accepts and with respect to whom the owner subsequently awards 2,048
and executes a contract. The public owners referred to in this 2,049
section shall include, in the plans and specifications for the 2,050
project for which bids are solicited, the estimate of cost. The 2,051
bid for which the award is to be made shall be opened at the time 2,052
and place named in the advertisement for bids, unless extended by 2,053
the owner or its representative or unless, within seventy-two 2,054
hours prior to the published time for the opening of bids, 2,055
excluding Saturdays, Sundays, and legal holidays, any 2,056
modification of the plans or specifications and estimates of cost 2,057
for the project for which bids are solicited is issued and mailed 2,058
or otherwise furnished to persons who have obtained plans or 2,059
specifications for the project, for which the time for opening of 2,060
bids shall be extended one week, with no further advertising of 2,061
bids required. The contractor, upon request, is entitled to a 2,062
notice to proceed with the work by the owner or its 2,063
representative upon execution of the contract. No contract to 2,064
which this section applies shall be entered into if the price of 2,065
the contract, or, if the project involves multiple contracts 2,066
where the total price of all contracts for the project, is in 2,067
excess of ten per cent above the entire estimate thereof, nor 2,068
shall the entire cost of the construction, reconstruction, 2,069
repair, painting, decorating, improvement, alteration, addition, 2,070
or installation, including changes and estimates of expenses for 2,071
architects or engineers, exceed in the aggregate the amount 2,072
authorized by law. 2,073
The unit or lump sum price stated in the contract shall be 2,075
used in determining the amount to be paid and shall constitute 2,076
full and final compensation for all the work. 2,077
Partial payment to the contractor for work performed under 2,079
the lump sum price shall be based on a schedule prepared by the 2,080
contractor and approved by the architect or engineer who shall 2,081
47
apportion the lump sum price to the major components entering 2,082
into or forming a part of the work under the lump sum price. 2,083
Partial payments to the contractor for labor performed 2,085
under either a unit or lump sum price contract shall be made at 2,086
the rate of ninety-two per cent of the estimates prepared by the 2,087
contractor and approved by the architect or engineer. All labor 2,088
performed after the job is fifty per cent completed shall be paid 2,089
for at the rate of one hundred per cent of the estimates 2,090
submitted by the contractor and approved by the architect or 2,091
engineer. 2,092
The amounts and time of payments of any public improvements 2,094
contract made by the state or any county, township, municipal 2,095
corporation, school district, or other political subdivision, or 2,096
any public board, commission, authority, instrumentality, or 2,097
special purpose district of or in the state or a political 2,098
subdivision or that is authorized by state law, except as 2,099
provided in section 5525.19 of the Revised Code, shall be 2,100
governed by this section and sections 153.13 and 153.14 of the 2,101
Revised Code. If the time for awarding the contract is extended 2,102
by mutual consent, or if the owner or its representative fails to 2,103
issue a timely notice to proceed as required by this section, the 2,104
owner or its representative shall issue a change order 2,105
authorizing delay costs to the contractor, which does not 2,106
invalidate the contract. The amount of such a change order to 2,107
the owner shall be determined in accordance with the provisions 2,108
of the contract for change orders or force accounts or, if no 2,109
such provision is set forth in the contract, the cost to the 2,110
owner shall be the contractor's actual costs including wages, 2,111
labor costs other than wages, wage taxes, materials, equipment 2,112
costs and rentals, insurance, and subcontracts attributable to 2,113
the delay, plus a reasonable sum for overhead. In the event of a 2,114
dispute between the owner and the contractor concerning such 2,115
change order, procedures shall be commenced under the applicable 2,116
terms of the contract, or, if the contract contains no provision 2,117
48
for resolving the dispute, it shall be resolved pursuant to the 2,118
procedures for arbitration in Chapter 2711. of the Revised Code, 2,119
except as provided in division (C)(B) of this section. Nothing 2,121
in this division shall be construed as a limitation upon the 2,122
authority of the director of transportation granted in Chapter 2,123
5525. of the Revised Code. 2,124
(B) In the event of IF a dispute ARISES between the state 2,127
and a contractor concerning the terms of a public improvement 2,128
contract let by the state or concerning a breach of the contract, 2,129
and after administrative remedies provided for in such contract 2,130
between the state and the contractor ANY ALTERNATIVE DISPUTE 2,131
RESOLUTION PROCEDURES PROVIDED IN ACCORDANCE WITH GUIDELINES 2,132
ESTABLISHED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES are 2,133
exhausted, the contractor may bring an action to the court of 2,134
claims in accordance with Chapter 2743. of the Revised Code. The 2,135
state or the contractor may request the chief justice of the 2,136
supreme court to appoint a referee or panel of referees in 2,137
accordance with division (C)(3) of section 2743.03 of the Revised 2,138
Code. As used in this division, "dispute" means a disagreement 2,139
between the state and the contractor concerning a public 2,140
improvement contract let by the state in which the amount in 2,141
controversy exceeds five thousand dollars. If the court finds
that the actual amount in controversy does not exceed five 2,142
thousand dollars, it shall dismiss the application and may order 2,143
that the filing party pay the reasonable attorney fees of the 2,144
opposing party. 2,145
Sec. 125.101 153.16. (A) The director of administrative 2,154
services shall establish policy and procedure guidelines for 2,156
contract documents in conjunction with the administration of 2,157
public works contracts that the state or any institution 2,158
supported in whole or in part by the state enters into for any 2,159
project subject to sections 153.01 to 153.11 of the Revised Code.
(B) Notwithstanding any contract provision to the 2,161
contrary, any claim submitted under a public works contract that 2,162
49
the state or any institution supported in whole or in part by the 2,164
state enters into for any project subject to sections 153.01 to 2,165
153.11 of the Revised Code shall be resolved within one hundred 2,166
twenty days. After the end of this one hundred twenty-day 2,167
period, the contractor shall be deemed to have exhausted all 2,168
administrative remedies for purposes of division (B) of section 2,169
153.12 of the Revised Code.
Sec. 153.17. (A) When in the opinion of the owner 2,178
referred to in section 153.01 of the Revised Code, the work under 2,179
any contract made under any law of the state is neglected by the 2,180
contractor or such work is not prosecuted with the diligence and 2,181
force specified or intended in the contract, such owner may make 2,182
requisition upon the contractor for such additional specific 2,183
force or materials to be brought into the work under such 2,184
contract or to remove improper materials from the grounds as in 2,185
their judgment the contract and its faithful fulfillment 2,186
requires. 2,187
Not less than five days' notice in writing of such action 2,189
shall be served upon the contractor or his THE CONTRACTOR'S agent 2,191
in charge of the work. If the contractor fails to comply with 2,192
such requisition within fifteen days, such owner, with the 2,193
written consent of the department of administrative services, may 2,194
employ upon the work the additional force, or supply the special 2,195
materials or such part of either as is considered proper, and may 2,196
remove improper materials from the grounds. 2,197
(B) WHEN THE ORIGINAL CONTRACTOR HAS DEFAULTED ON A 2,199
CONTRACT AND THE SURETY HAS DECLINED TO TAKE OVER THE PROJECT, 2,200
THE OWNER MAY CONTRACT WITH ONE OR MORE TAKEOVER CONTRACTORS TO 2,201
COMPLETE WORK THAT WAS NOT FINISHED BECAUSE OF THE DEFAULT OF THE 2,202
ORIGINAL CONTRACTOR. THE OWNER MAY ENTER INTO A CONTRACT WITH A 2,203
TAKEOVER CONTRACTOR WITHOUT COMPETITIVE BIDDING OR CONTROLLING
BOARD APPROVAL. UPON EXECUTION OF A TAKEOVER CONTRACT, THE OWNER 2,204
SHALL NOTIFY THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,205
WHEN THE OWNER HAS TAKEN OVER A PROJECT AFTER A DEFAULT HAS 2,207
50
OCCURRED, ANY MONEYS THAT THE OWNER RECEIVES FROM THE SURETY AS A 2,208
SETTLEMENT FOR COMPLETION OF THE PROJECT SHALL BE DEPOSITED IN 2,209
THE ORIGINAL FUND FROM WHICH THE CAPITAL APPROPRIATION FOR THE 2,210
PROJECT WAS MADE. THE DIRECTOR, WITHOUT CONTROLLING BOARD 2,211
APPROVAL, MAY AUTHORIZE SPECIFIED ADDITIONAL USES FOR THE MONEYS
RELATED TO COMPLETION OF THE PROJECT AND MAY INCREASE THE 2,212
APPROPRIATION AUTHORITY IN THE APPROPRIATION LINE ITEM USED TO 2,213
FUND THE PROJECT BY AN AMOUNT EQUAL TO THE MONEYS RECEIVED FROM 2,214
THE SURETY.
Sec. 153.32. When it becomes necessary to erect a bridge, 2,223
the board of county commissioners shall determine the length and 2,224
width of the superstructure, and whether it shall be single or 2,225
double track, and it shall advertise for proposals BIDS for 2,226
performing the labor and furnishing the materials necessary to 2,227
the erection thereof in accordance with sections 307.86 to 2,228
307.92, inclusive, of the Revised Code. 2,230
Sec. 153.33. The board of county commissioners may also 2,239
invite, receive, and consider proposals BIDS on any other plan at 2,240
the option of bidders, and shall require that any such plan 2,242
together with specifications shall be filed in the office of the 2,243
county auditor for a period of fifteen days prior to the date for 2,244
receiving bids. Such plans and specifications shall show the
number of spans, the length of each, the nature, quality, and 2,245
size of the materials to be used, the length of the structure 2,246
when completed, and whether there is any patent on the proposal 2,247
BID plan, or any part thereof, and if so, on what part thereof. 2,249
Sec. 153.34. In their ITS advertisement, the board of 2,258
county commissioners shall invite bidders to make proposals BIDS 2,260
for furnishing all the materials and performing all the work, or 2,262
for such parts thereof as bidders deem proper, and include such 2,263
other matter as is required in section 307.87 of the Revised
Code. 2,264
Sec. 153.50. (A) An officer, board, or other authority of 2,273
the state, a county, township, municipal corporation, or school 2,275
51
district, or of any public institution belonging thereto, 2,276
authorized to contract for the erection, repair, alteration, or 2,277
rebuilding of a public building, institution, bridge, culvert, or 2,278
improvement and required by law to advertise and receive
proposals BIDS for furnishing of materials and doing the work 2,280
necessary for the erection thereof, shall require separate and 2,281
distinct proposals BIDS to be made for furnishing such materials 2,283
or doing such work, or both, in their discretion, for each of the 2,284
following branches or classes of work to be performed, and all 2,285
work kindred thereto, entering into the improvement: 2,286
(1) Plumbing and gas fitting; 2,288
(2) Steam and hot-water heating, ventilating apparatus, 2,290
and steam-power plant; 2,291
(3) Electrical equipment. 2,293
(B) A public authority is not required to solicit separate 2,295
proposals BIDS for a branch or class of work specified in 2,296
division (A) of this section for an improvement if the estimated 2,298
cost for that branch or class of work is less than five thousand 2,300
dollars.
Sec. 153.571. The bond provided for in division (B) of 2,309
section 153.54 of the Revised Code shall be in substantially the 2,310
following form, and recovery of any claimant thereunder shall be 2,311
subject to sections 153.01 to 153.60 of the Revised Code, to the 2,312
same extent as if the provisions of such sections were fully 2,313
incorporated in said THE bond form: 2,314
"KNOW ALL MEN PERSONS BY THESE PRESENTS, that we, the 2,318
undersigned ................. as principal and ............. as 2,319
sureties, are hereby held and firmly bound unto .............. as 2,320
obligee in the penal sum of the dollar amount of the bid 2,321
submitted by the principal to the obligee on .............. to 2,322
undertake the project known as ................ The penal sum 2,323
referred to herein shall be the dollar amount of the principal's 2,324
bid to the obligee, incorporating any additive or deductive 2,325
alternate proposals BIDS made by the principal on the date 2,326
52
referred to above to the obligee, which are accepted by the 2,328
obligee. In no case shall the penal sum exceed the amount of 2,329
............ dollars. (If the foregoing blank is not filled in, 2,330
the penal sum will be the full amount of the principal's bid, 2,331
including alternates. Alternatively, if the blank is filled in, 2,332
the amount stated must not be less than the full amount of the 2,333
bid including alternates, in dollars and cents. A percentage is 2,334
not acceptable.) For the payment of the penal sum well and truly 2,335
to be made, we hereby jointly and severally bind ourselves, our 2,336
heirs, executors, administrators, successors, and assigns. 2,337
Signed this ............... day of ............., 19 .... 2,339
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the 2,340
above named principal has submitted a bid for .................. 2,341
Now, therefore, if the obligee accepts the bid of the 2,343
principal and the principal fails to enter into a proper contract 2,344
in accordance with the bid, plans, details, specifications, and 2,345
bills of material; and in the event the principal pays to the 2,346
obligee the difference not to exceed ten per cent of the penalty 2,347
hereof between the amount specified in the bid and such larger 2,348
amount for which the obligee may in good faith contract with the 2,349
next lowest bidder to perform the work covered by the bid; or in 2,350
the event the obligee does not award the contract to the next 2,351
lowest bidder and resubmits the project for bidding, the 2,352
principal pays to the obligee the difference not to exceed ten 2,353
per cent of the penalty hereof between the amount specified in 2,354
the bid, or the costs, in connection with the resubmission, of 2,355
printing new contract documents, required advertising, and 2,356
printing and mailing notices to prospective bidders, whichever is 2,357
less, then this obligation shall be null and void, otherwise to 2,358
remain in full force and effect; if the obligee accepts the bid 2,359
of the principal and the principal within ten days after the 2,360
awarding of the contract enters into a proper contract in 2,361
accordance with the bid, plans, details, specifications, and 2,362
bills of material, which said contract is made a part of this 2,363
53
bond the same as though set forth herein; 2,364
Now also, if the said ................ shall well and 2,366
faithfully do and perform the things agreed by .............. to 2,367
be done and performed according to the terms of said contract; 2,368
and shall pay all lawful claims of subcontractors, materialmen 2,369
MATERIALS SUPPLIERS, and laborers, for labor performed and 2,371
materials furnished in the carrying forward, performing, or 2,372
completing of said contract; we agreeing and assenting that this 2,373
undertaking shall be for the benefit of any materialman MATERIALS 2,374
SUPPLIER or laborer having a just claim, as well as for the 2,376
obligee herein; then this obligation shall be void; otherwise the 2,377
same shall remain in full force and effect; it being expressly 2,378
understood and agreed that the liability of the surety for any 2,379
and all claims hereunder shall in no event exceed the penal 2,380
amount of this obligation as herein stated.
The said surety hereby stipulates and agrees that no 2,382
modifications, omissions, or additions, in or to the terms of the 2,383
said contract or in or to the plans or specifications therefor 2,384
shall in any wise affect the obligations of said surety on its 2,385
bond." 2,386
Sec. 153.62. All contracts for the erection, construction, 2,395
repair, or alteration of any building, highway, or other work or 2,396
improvement of any nature by an officer, board, or other 2,397
authority of the state, a county, township, municipal 2,398
corporation, school district, or any political subdivision, or 2,399
any public institution belonging thereto, are subject to all 2,400
applicable federal, state, and local statutes, ordinances, and 2,401
regulations, including, but not limited to, those dealing with 2,402
the prevention of environmental pollution that affect or are 2,403
affected by such contracts. If the bidder to whom the work is 2,404
awarded must undertake additional work due to the enactment or 2,405
amendment of statutes, OR rules, or regulations occurring after 2,407
the submission of the successful bid proposal, the awarding body 2,408
shall issue a change order setting forth the additional work that 2,409
54
must be undertaken and authorizing additional cost to the 2,410
contractor, which shall not invalidate the contract. The cost of 2,411
such a change order to the awarding agency shall be determined in 2,412
accordance with the provisions of the contract for change orders 2,413
or force accounts or, if no such provision is set forth in the 2,414
contract, then the cost to the awarding agency shall be the 2,415
contractor's actual costs including wages, labor costs other than 2,416
wages, wage taxes, materials, equipment costs and rentals, 2,417
insurance, and subcontracts attributable to the additional 2,418
activity, plus a reasonable sum for overhead. Provided, however, 2,419
that such SUCH additional costs to undertake work not specified 2,420
in the invitation for proposal BIDS shall not be approved unless 2,422
written authorization is given the successful bidder prior to his 2,424
THE SUCCESSFUL BIDDER'S undertaking such additional activity. In 2,426
the event of IF a dispute ARISES between the awarding agency and 2,428
the successful bidder, procedures shall be commenced under the 2,429
applicable terms of the construction contract, or, if the 2,430
contract contains no provision for resolving the dispute, it 2,431
shall be resolved pursuant to the procedures for arbitration in 2,432
Chapter 2711. of the Revised Code.
Sec. 351.01. As used in this chapter: 2,441
(A) "Convention facilities authority" means a body 2,443
corporate and politic created pursuant to section 351.02 of the 2,444
Revised Code. 2,445
(B) "Governmental agency" means a department, division, or 2,447
other unit of the state government or of a municipal corporation, 2,448
county, township, or other political subdivision of the state; 2,449
any state university or college, as defined in section 3345.12 of 2,450
the Revised Code, community college, state community college, 2,451
university branch, or technical college; any other public 2,452
corporation or agency having the power to acquire, construct, or 2,453
operate facilities; the United States or any agency thereof; and 2,454
any agency, commission, or authority established pursuant to an 2,455
interstate compact or agreement. 2,456
55
(C) "Person" means any individual, firm, partnership, 2,458
association, or corporation, or any combination of them. 2,459
(D) "Facility" or "facilities" means any convention, 2,461
entertainment, or sports facility, or combination of them, 2,462
located within the territory of the convention facilities 2,463
authority, together with all parking facilities, walkways, and 2,464
other auxiliary facilities, real and personal property, property 2,465
rights, easements and interests that may be appropriate for, or 2,466
used in connection with, the operation of the facility. 2,467
(E) "Cost" means the cost of acquisition of all land, 2,469
rights-of-way, property rights, easements, franchise rights, and 2,470
interests required for such acquisition; the cost of demolishing 2,471
or removing any buildings or structures on land so acquired, 2,472
including the cost of acquiring any lands to which such buildings 2,473
or structures may be moved; the cost of acquiring or constructing 2,474
and equipping a principal office of the convention facilities 2,475
authority; the cost of diverting highways, interchange of 2,476
highways, access roads to private property, including the cost of 2,477
land or easements for such access roads; the cost of public 2,478
utility and common carrier relocation or duplication; the cost of 2,479
all machinery, furnishings, and equipment; financing charges; 2,480
interest prior to and during construction and for no more than 2,481
eighteen months after completion of construction; expenses of 2,482
research and development with respect to facilities; legal 2,483
expenses; expenses of obtaining plans, specifications, 2,484
engineering surveys, studies, and estimates of cost and revenues; 2,485
working capital; expenses necessary or incident to determining 2,486
the feasibility or practicability of acquiring or constructing 2,487
such facility; administrative expense; and such other expenses as 2,488
may be necessary or incident to the acquisition or construction 2,489
of the facility, the financing of such acquisition or 2,490
construction, including the amount authorized in the resolution 2,491
of the convention facilities authority providing for the issuance 2,492
of convention facilities authority revenue bonds to be paid into 2,493
56
any special funds from the proceeds of such bonds, the cost of 2,494
issuing the bonds, and the financing of the placing of such 2,495
facility in operation. Any obligation, cost, or expense incurred 2,496
by any governmental agency or person for surveys, borings, 2,497
preparation of plans and specifications, and other engineering 2,498
services, or any other cost described above, in connection with 2,499
the acquisition or construction of a facility may be regarded as 2,500
part of the cost of such facility and may be reimbursed out of 2,501
the proceeds of convention facilities authority revenue bonds as 2,502
authorized by this chapter. 2,503
(F) "Owner" includes a person having any title or interest 2,505
in any property, rights, easements, or interests authorized to be 2,506
acquired by Chapter 351. of the Revised Code. 2,507
(G) "Revenues" means all rentals and other charges 2,509
received by the convention facilities authority for the use or 2,510
services of any facility, the sale of any merchandise, or the 2,511
operation of any concessions; any gift or grant received with 2,512
respect to any facility, any moneys received with respect to the 2,513
lease, sublease, sale, including installment sale or conditional 2,514
sale, or other disposition of a facility or part thereof; moneys 2,515
received in repayment of and for interest on any loans made by 2,516
the authority to a person or governmental agency, whether from 2,517
the United States or any department, administration, or agency 2,518
thereof, or otherwise; proceeds of convention facilities 2,519
authority revenue bonds to the extent the use thereof for payment 2,520
of principal or of premium, if any, or interest on the bonds is 2,521
authorized by the authority; proceeds from any insurance, 2,522
appropriation, or guaranty pertaining to a facility or property 2,523
mortgaged to secure bonds or pertaining to the financing of the 2,524
facility; income and profit from the investment of the proceeds 2,525
of convention facilities authority revenue bonds or of any 2,526
revenues; CONTRIBUTIONS OF THE PROCEEDS OF A TAX LEVIED PURSUANT 2,527
TO DIVISION (A)(3) OF SECTION 5739.024 OF THE REVISED CODE; and 2,529
moneys transmitted to the authority pursuant to division (B) of 2,530
57
section 5739.211 and division (B) of section 5741.031 of the 2,531
Revised Code.
(H) "Public roads" includes all public highways, roads, 2,533
and streets in the state, whether maintained by the state, 2,534
county, city, township, or other political subdivision. 2,535
(I) "Construction," unless the context indicates a 2,537
different meaning or intent, includes, but is not limited to, 2,538
reconstruction, enlargement, improvement, or providing fixtures, 2,539
furnishings, and equipment. 2,540
(J) "Convention facilities authority revenue bonds" or 2,542
"revenue bonds," unless the context indicates a different meaning 2,543
or intent, includes convention facilities authority revenue 2,544
notes, convention facilities authority revenue renewal notes, and 2,545
convention facilities authority revenue refunding bonds. 2,546
(K) "Convention facilities authority tax anticipation 2,548
bonds" or "tax anticipation bonds," unless the context indicates 2,549
a different meaning, includes convention facilities authority tax 2,550
anticipation bonds, tax anticipation notes, tax anticipation 2,551
renewal notes, and tax anticipation refunding bonds. 2,552
(L) "Bonds and notes" means convention facilities 2,554
authority revenue bonds and convention facilities authority tax 2,555
anticipation bonds. 2,556
(M) "Territory of the authority" means all of the area of 2,558
the county creating the convention facilities authority. 2,559
(N) "Excise taxes" means either or both of the taxes 2,561
levied pursuant to division (B) of section 351.021 of the Revised 2,562
Code. "Excise taxes" does not include taxes levied pursuant to 2,563
section 4301.424, 5743.026, or 5743.324 of the Revised Code. 2,564
(O) "Transaction" means the charge by a hotel for each 2,566
occupancy by transient guests of a room or suite of rooms used in 2,567
a hotel as a single unit for any period of twenty-four hours or 2,568
less. 2,569
(P) "Hotel" and "transient guests" have the same meaning 2,571
MEANINGS as in section 5739.01 of the Revised Code. 2,573
58
(Q) "Sports facility" means a facility intended to house 2,576
major league professional athletic teams. 2,577
(R) "Constructing" or "construction" includes providing 2,579
fixtures, furnishings, and equipment. 2,581
Sec. 351.03. (A) Except as provided in DIVISION (A)(3) OF 2,590
SECTION 5739.024 OR IN section 5739.026 of the Revised Code, no 2,592
county creating a convention facilities authority may appropriate
and expend public funds to finance or subsidize the operation of 2,593
the authority.
(B) Subject to making due provisions for payment and 2,595
performance of its obligations, a convention facilities authority 2,596
may be dissolved by the county creating it. In such event the 2,597
properties of the authority shall be transferred to the county 2,598
creating it, and the county may thereupon appropriate and expend 2,599
public funds to finance or subsidize the operation of such 2,600
facilities.
Sec. 351.141. A convention facilities authority that 2,609
levies one or both of the excise taxes authorized by division (B) 2,610
of section 351.021 of the Revised Code OR THAT RECEIVES 2,611
CONTRIBUTIONS PURSUANT TO DIVISION (A)(3) OF SECTION 5739.024 OF 2,612
THE REVISED CODE, by resolution may anticipate the proceeds of 2,614
the levy and issue convention facilities authority tax 2,615
anticipation bonds, and notes anticipating the proceeds or the 2,616
bonds, in the principal amount that, in the opinion of the 2,617
authority, are necessary for the purpose of paying the cost of 2,618
one or more facilities or parts of one or more facilities, and as 2,619
able, with the interest on them, be paid over the term of the 2,620
issue, or in the case of notes anticipating bonds over the term 2,621
of the bonds, by the estimated amount of the excise taxes OR 2,622
CONTRIBUTIONS anticipated thereby. The excise taxes OR 2,624
CONTRIBUTIONS are determined by the general assembly to satisfy
any applicable requirement of Section 11 of Article XII, Ohio 2,626
Constitution. An authority, at any time, may issue renewal tax 2,627
anticipation notes, issue tax anticipation bonds to pay such 2,628
59
notes, and, whenever it considers refunding expedient, refund any 2,629
tax anticipation bonds by the issuance of tax anticipation 2,630
refunding bonds whether the bonds to be refunded have or have not 2,631
matured, and issue tax anticipation bonds partly to refund bonds 2,632
then outstanding and partly for any other authorized purpose. 2,633
The refunding bonds shall be sold and the proceeds needed for 2,634
such purpose applied in the manner provided in the bond 2,635
proceedings to the purchase, redemption, or payment of the bonds 2,636
to be refunded.
Every issue of outstanding tax anticipation bonds shall be 2,638
payable out of the proceeds of the excise taxes OR CONTRIBUTIONS 2,639
anticipated and other revenues of the authority that are pledged 2,641
for such payment. The pledge shall be valid and binding from the 2,642
time the pledge is made, and the anticipated excise taxes, 2,643
CONTRIBUTIONS, and revenues so pledged and thereafter received by 2,645
the authority immediately shall be subject to the lien of that 2,646
pledge without any physical delivery of those excise taxes, 2,647
CONTRIBUTIONS, and revenues or further act. The lien of any 2,649
pledge is valid and binding as against all parties having claims 2,650
of any kind in tort, contract, or otherwise against the 2,651
authority, whether or not such parties have notice of the lien. 2,652
Neither the resolution nor any trust agreement by which a pledge 2,653
is created need be filed or recorded except in the authority's 2,654
records.
Whether or not the bonds or notes are of such form and 2,656
character as to be negotiable instruments under Title XIII of the 2,657
Revised Code, the bonds or notes shall have all the qualities and 2,658
incidents of negotiable instruments, subject only to their 2,659
provisions for registration, if any. 2,660
The tax anticipation bonds shall bear such date or dates, 2,662
and shall mature at such time or times, in the case of any such 2,663
notes or any renewals of such notes not exceeding twenty years 2,664
from the date of issue of such original notes and in the case of 2,665
any such bonds or any refunding bonds not exceeding forty years 2,666
60
from the date of the original issue of notes or bonds for the 2,667
purpose, and shall be executed in the manner that the resolution 2,668
authorizing the bonds may provide. The tax anticipation bonds 2,669
shall bear interest at such rates, or at variable rate or rates 2,670
changing from time to time, in accordance with provisions 2,671
provided in the authorizing resolution, be in such denominations 2,672
and form, either coupon or registered, carry such registration 2,673
privileges, be payable in such medium of payment and at such 2,674
place or places, and be subject to such terms of redemption, as 2,675
the authority may authorize or provide. The tax anticipation 2,676
bonds may be sold at public or private sale, and at, or at not 2,677
less than the price or prices as the authority determines. If 2,678
any officer whose signature or a facsimile of whose signature 2,679
appears on any bonds or coupons ceases to be such officer before 2,680
delivery of the bonds, the signature or facsimile shall 2,681
nevertheless be sufficient for all purposes as if he THE OFFICER 2,682
had remained in office until delivery of the bonds, and in case 2,684
the seal of the authority has been changed after a facsimile has 2,685
been imprinted on the bonds, the facsimile seal will continue to 2,686
be sufficient for all purposes. 2,687
Any resolution or resolutions authorizing any tax 2,689
anticipation bonds or any issue of tax anticipation bonds may 2,690
contain provisions, subject to any agreements with bondholders as 2,691
may then exist, which provisions shall be a part of the contract 2,692
with the holders of the bonds, as to the pledging of any or all 2,693
of the authority's anticipated excise taxes, CONTRIBUTIONS, and 2,695
revenues to secure the payment of the bonds or of any issue of 2,696
the bonds; the use and disposition of revenues of the authority; 2,697
the crediting of the proceeds of the sale of bonds to and among 2,698
the funds referred to or provided for in the resolution; 2,699
limitations on the purpose to which the proceeds of sale of the 2,700
bonds may be applied and the pledging of portions of such 2,701
proceeds to secure the payment of the bonds or of any issue of 2,702
the bonds; as to notes issued in anticipation of the issuance of 2,703
61
bonds, the agreement of the authority to do all things necessary 2,704
for the authorization, issuance, and sale of such bonds in such 2,705
amounts as may be necessary for the timely retirement of such 2,706
notes; limitations on the issuance of additional bonds; the terms 2,707
upon which additional bonds may be issued and secured; the 2,708
refunding of outstanding bonds; the procedure, if any, by which 2,709
the terms of any contract with bondholders may be amended, the 2,710
amount of bonds the holders of which must consent thereto, and 2,711
the manner in which such consent may be given; securing any bonds 2,712
by a trust agreement in accordance with section 351.16 of the 2,713
Revised Code; any other matters, of like or different character, 2,714
that in any way affect the security or protection of the bonds. 2,715
The excise taxes anticipated by the bonds, including bonds 2,716
anticipated by notes, shall not be subject to diminution by 2,717
initiative or referendum or by law while the bonds or notes 2,718
remain outstanding in accordance with their terms, unless 2,719
provision is made by law or by the authority for an adequate 2,720
substitute therefor reasonably satisfactory to the trustee, if a 2,721
trust agreement secures the bonds. 2,722
Neither the members of the board of directors of the 2,724
authority nor any person executing the bonds shall be liable 2,725
personally on the bonds or be subject to any personal liability 2,726
or accountability by reason of the issuance thereof. 2,727
Sec. 3304.16. In carrying out the purposes of sections 2,736
3304.11 to 3304.27 of the Revised Code, the rehabilitation 2,737
services commission: 2,738
(A) Shall develop all necessary rules; 2,740
(B) Shall prepare and submit to the governor annual 2,742
reports of activities and expenditures and, prior to each first 2,743
regular session of the general assembly, an estimate of sums 2,744
required to carry out the commission's responsibilities; 2,745
(C) Shall certify any disbursement of funds available to 2,747
the commission for vocational rehabilitation activities; 2,748
(D) Shall serve as the sole state agency designated to 2,750
62
administer the plan under the "Rehabilitation Act of 1973," 87 2,751
Stat. 355, 29 U.S.C. 701, as amended; 2,752
(E) Shall take appropriate action to guarantee rights of 2,754
and services to handicapped persons; 2,755
(F) Shall consult with and advise other state agencies to 2,757
assist them in meeting the needs of handicapped persons more 2,758
effectively and to achieve maximum coordination among programs 2,759
for the handicapped; 2,760
(G) Shall establish an administrative division of consumer 2,762
affairs and advocacy within the commission to promote and help 2,763
guarantee the rights of handicapped persons; 2,764
(H) Shall maintain an inventory of state services that are 2,766
available to handicapped persons; 2,767
(I) Shall utilize, support, assist, and cooperate with the 2,769
governor's committee on employment of the handicapped; 2,770
(J) May delegate to any officer or employee of the 2,772
commission any necessary powers and duties; 2,773
(K) May take any other necessary or appropriate action for 2,775
cooperation with public and private agencies and organizations 2,776
which may include: 2,777
(1) Reciprocal agreements with other states to provide for 2,779
the vocational rehabilitation of individuals within the states 2,780
concerned; 2,781
(2) Contracts or other arrangements with public and other 2,783
nonprofit agencies and organizations for the construction or 2,784
establishment and operation of vocational rehabilitation programs 2,785
and facilities; 2,786
(3) Cooperative arrangements with the federal government 2,788
for carrying out sections 3304.11 to 3304.27 of the Revised Code, 2,789
the "Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 2,790
U.S.C. 31, as amended, or other federal statutes pertaining to 2,791
vocational rehabilitation, and to this end, may adopt plans and 2,792
methods of administration found necessary by the federal 2,793
government for the efficient operation of any joint arrangements 2,794
63
or the efficient application of any federal statutes; 2,795
(4) Upon the designation of the governor, performing 2,797
functions and services for the federal government relating to 2,798
individuals under a physical or mental disability; 2,799
(5) Compliance with any requirements necessary to obtain 2,801
federal funds in the maximum amount and most advantageous 2,802
proportion possible. 2,803
(L) May conduct research and demonstration projects, 2,805
including inquiries concerning the causes of blindness and its 2,806
prevention, provide training and instruction, including the 2,807
establishment and maintenance of research fellowships and 2,808
traineeships along with all necessary stipends and allowances, 2,809
disseminate information, and provide technical assistance 2,810
relating to vocational rehabilitation; 2,811
(M) May plan, establish, and operate programs, facilities, 2,813
and services relating to vocational rehabilitation; 2,814
(N) May accept and hold, invest, reinvest, or otherwise 2,816
use gifts made for the purpose of furthering vocational 2,817
rehabilitation; 2,818
(O) May ameliorate the condition of the aged blind or 2,820
other severely disabled individuals by establishing a program of 2,821
home visitation by commission employees for the purpose of 2,822
instruction; 2,823
(P) May establish and manage small business enterprises 2,825
that are operated by persons with a substantial handicap to 2,826
employment, including blind persons; 2,827
(Q) May purchase from insurance companies licensed to do 2,829
business in this state any insurance deemed necessary by the 2,830
commission for the efficient operation of a suitable vending 2,831
facility as defined in division (A) of section 3304.28 of the 2,832
Revised Code; 2,833
(R) MAY ACCEPT DIRECTLY FROM ANY STATE AGENCY, AND ANY 2,835
STATE AGENCY MAY TRANSFER DIRECTLY TO THE COMMISSION, SURPLUS 2,836
COMPUTERS AND COMPUTER EQUIPMENT FOR THE BENEFIT OF THE BUREAU OF 2,837
64
SERVICES FOR THE VISUALLY IMPAIRED, NOTWITHSTANDING SECTIONS 2,838
125.12 TO 125.14 OF THE REVISED CODE.
Sec. 3315.01. (A) Except as provided in division (B) of 2,847
this section and notwithstanding sections 3315.12 and 3315.14 of 2,848
the Revised Code, the board of education of any school district 2,849
may adopt a resolution requiring the treasurer of the district to 2,850
credit the earnings made on the investment of the principal of 2,851
the moneys specified in the resolution to the fund from which the
earnings arose or any other fund of the district as the board 2,852
specifies in its resolution. 2,853
(B) This section does not apply to the earnings made on 2,855
the investment of the bond retirement fund, the sinking fund, A 2,856
PROJECT CONSTRUCTION FUND ESTABLISHED PURSUANT TO SECTIONS 2,857
3318.01 TO 3318.20 OF THE REVISED CODE, or the payments received 2,858
by school districts pursuant to division (L) of section 3317.024 2,859
of the Revised Code. 2,860
Sec. 3316.03. (A) THE EXISTENCE OF A FISCAL WATCH SHALL 2,870
BE DETERMINED BY THE AUDITOR OF STATE. THE AUDITOR OF STATE MAY 2,871
MAKE THE DETERMINATION ON THE AUDITOR OF STATE'S INITIATIVE, OR 2,872
UPON RECEIPT OF A WRITTEN REQUEST FOR SUCH A DETERMINATION, WHICH 2,873
MAY BE FILED BY THE GOVERNOR, THE SUPERINTENDENT OF PUBLIC
INSTRUCTION, OR A MAJORITY OF THE MEMBERS OF THE BOARD OF 2,874
EDUCATION OF THE SCHOOL DISTRICT. The auditor of state shall 2,876
declare a school district to be in a state of fiscal watch if the 2,877
auditor of state determines that division (A)(1), (2), or (3) of 2,878
this section applies to the school district: 2,879
(1) All of the following conditions are satisfied with 2,881
respect to the school district: 2,882
(a) An operating deficit has been certified for the 2,884
current fiscal year by the auditor of state under section 2,885
3313.483 of the Revised Code, and the certified operating deficit 2,887
exceeds eight per cent of the school district's general fund 2,888
revenue for the preceding fiscal year; 2,889
(b) The unencumbered cash balance in the school district's 2,892
65
general fund at the close of the preceding fiscal year, less any 2,893
advances of property taxes, was less than eight per cent of the 2,894
expenditures made from the general fund for the preceding fiscal 2,895
year;
(c) A majority of the voting electors have not voted in 2,897
favor of levying a tax under section 5705.194 or 5705.21 or 2,899
Chapter 5748. of the Revised Code that the auditor of state 2,900
expects will raise enough additional revenue in the next 2,901
succeeding fiscal year that divisions (A)(1)(a) and (b) of this 2,902
section will not apply to the district in such next succeeding 2,903
fiscal year.
(2) The school district has outstanding securities issued 2,905
under division (A)(4) of section 3316.06 of the Revised Code and 2,906
its financial planning and supervision commission has been 2,907
terminated under section 3316.16 of the Revised Code. 2,908
(3) The school district has received an advancement under 2,910
section 3316.20 of the Revised Code. 2,911
(B) The auditor of state, after consulting with the 2,913
superintendent of public instruction, shall issue an order 2,914
declaring a school district to be in a state of fiscal emergency 2,916
if the auditor of state determines that division (B)(1), (2), 2,917
(3), or (4) of this section applies to the school district: 2,918
(1) All of the following conditions are satisfied with 2,920
respect to the school district: 2,921
(a) The board of education of the school district is not 2,923
able to demonstrate, to the auditor of state's satisfaction, the 2,924
district's ability to repay outstanding loans received pursuant 2,925
to section 3313.483 of the Revised Code or to repay securities 2,926
issued pursuant to section 133.301 of the Revised Code in 2,927
accordance with applicable repayment schedules unless the board 2,928
requests additional loans under section 133.301 of the Revised 2,930
Code in an aggregate principal amount exceeding fifty per cent of 2,931
the sum of the following: 2,932
(i) The aggregate original principal amount of loans 2,935
66
received in the preceding fiscal year under section 3313.483 of 2,936
the Revised Code;
(ii) The aggregate amount borrowed by the district under 2,938
section 133.301 of the Revised Code, excluding any additional 2,940
amount borrowed as authorized under division (C) of that section. 2,941
(b) An operating deficit has been certified for the 2,943
current fiscal year by the auditor of state under section 2,944
3313.483 of the Revised Code, and the certified operating deficit 2,946
exceeds fifteen per cent of the school district's general fund 2,947
revenue for the preceding fiscal year. In determining the amount 2,948
of an operating deficit under division (B)(1)(b) of this section, 2,949
the auditor of state shall credit toward the amount of that 2,950
deficit only the amount that may be borrowed from the spending 2,951
reserve balance as determined under section 133.301 and division 2,952
(F) of section 5705.29 of the Revised Code. 2,953
(c) A majority of the voting electors have not voted in 2,955
favor of levying a tax under section 5705.194 or 5705.21 or 2,957
Chapter 5748. of the Revised Code that the auditor of state 2,958
expects will raise enough additional revenue in the next 2,959
succeeding fiscal year that divisions (A)(1)(a) and (b) of this 2,960
section will not apply to the district in such next succeeding 2,961
fiscal year.
(d) The school district is one that, at the time of the 2,963
auditor of state's determination under this section, had a total 2,965
student count of more than ten thousand students as most recently 2,966
determined by the department of education pursuant to section 2,968
3317.03 of the Revised Code. 2,969
(2) The school district board fails, pursuant to section 2,972
3316.04 of the Revised Code, to submit a plan acceptable to the 2,973
state superintendent of public instruction within one hundred 2,974
twenty days of the auditor of state's declaration under division 2,975
(A) of this section; 2,976
(3) A declaration of fiscal emergency is required by 2,978
division (D) of section 3316.04 of the Revised Code; 2,979
67
(4) The school district has received more than one 2,981
advancement under section 3316.20 of the Revised Code within a 2,983
two-year period, or has received only one such advancement but 2,984
also has an operating deficit as described in division (B)(1)(b) 2,985
of this section.
(C) In making the determinations under this section, the 2,987
auditor of state may use financial reports required under section 2,988
117.43 of the Revised Code; tax budgets, certificates of 2,990
estimated resources and amendments thereof, annual appropriating 2,991
measures and spending plans, and any other documents or 2,992
information prepared pursuant to Chapter 5705. of the Revised 2,993
Code; and any other documents, records, or information available 2,994
to the auditor of state that indicate the conditions described in 2,995
divisions (A) and (B) of this section.
(D) The auditor of state shall certify the action taken 2,997
under division (A) or (B) of this section to the board of 2,998
education of the school district, the director of budget and 2,999
management, the mayor or county auditor who could be required to 3,000
act pursuant to division (B)(1) of section 3316.05 of the Revised
Code, and to the superintendent of public instruction. 3,001
(E) A determination by the auditor of state under this 3,003
section that a fiscal emergency condition does not exist is final 3,004
and conclusive and not appealable. A determination by the 3,005
auditor of state under this section that a fiscal emergency 3,006
exists is final, except that the board of education of the school 3,007
district affected by such a determination may appeal the
determination of the existence of a fiscal emergency condition to 3,008
the court of appeals having territorial jurisdiction over the 3,009
school district. The appeal shall be heard expeditiously by the 3,010
court of appeals and for good cause shown shall take precedence 3,011
over all other civil matters except earlier matters of the same 3,012
character. Notice of such appeal must be filed with the auditor
of state and such court within thirty days after certification by 3,013
the auditor of state to the board of education of the school 3,014
68
district provided for in division (D) of this section. In such 3,015
appeal, determinations of the auditor of state shall be presumed 3,016
to be valid and the board of education shall have the burden of 3,017
proving, by clear and convincing evidence, that each of the 3,018
determinations made by the auditor of state as to the existence
of a fiscal emergency condition under this section was in error. 3,019
If the board of education fails, upon presentation of its case, 3,020
to prove by clear and convincing evidence that each such 3,021
determination by the auditor of state was in error, the court 3,022
shall dismiss the appeal. The board of education and the auditor 3,023
of state may introduce any evidence relevant to the existence or
nonexistence of such fiscal emergency conditions. The pendency 3,024
of any such appeal shall not affect or impede the operations of 3,025
this chapter; no restraining order, temporary injunction, or 3,026
other similar restraint upon actions consistent with this chapter 3,027
shall be imposed by the court or any court pending determination 3,028
of such appeal; and all things may be done under this chapter 3,029
that may be done regardless of the pendency of any such appeal.
Any action taken or contract executed pursuant to this chapter 3,030
during the pendency of such appeal is valid and enforceable among 3,031
all parties, notwithstanding the decision in such appeal. If the 3,032
court of appeals reverses the determination of the existence of a 3,033
fiscal emergency condition by the auditor of state, the 3,034
determination no longer has any effect, and any procedures 3,035
undertaken as a result of the determination shall be terminated. 3,036
Sec. 3317.0212. Divisions (B) and (C) of this section do 3,045
not apply to a school district with a formula ADM of one hundred 3,047
fifty or less.
(A) As used in this section: 3,049
(1) "Fundamental FY 1997 state aid" or "fundamental FY 3,052
1998 state aid" for a district means the total amount of state 3,053
money received by the district in FOR the applicable fiscal year 3,055
as reported on the department of education's form "SF-12," 3,057
adjusted as follows: 3,058
69
(a) Minus the amount for transportation; 3,060
(b) Minus any amounts for approved preschool handicapped 3,063
units;
(c) Minus any additional amount attributable to the 3,066
reappraisal guarantee of division (C) of section 3317.04 of the 3,067
Revised Code; 3,069
(d) Plus the amount deducted for payments to an 3,071
educational service center; 3,072
(e) Plus an estimated portion of the state money 3,074
distributed in the applicable fiscal year to other school 3,075
districts or educational service centers for approved units, 3,076
other than preschool handicapped or gifted education units, 3,077
attributable to the costs of providing services in those units to 3,079
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 3,081
distributed to the school district in the applicable fiscal year 3,082
for approved units, other than preschool handicapped units or 3,083
gifted education units, attributable to the costs of providing 3,084
services in those units to students entitled to attend school in 3,085
another school district; 3,086
(g) Plus any additional amount paid in the applicable 3,089
fiscal year pursuant to the vocational education recomputation 3,090
required by Section 45.12 of Amended Substitute House Bill No. 3,095
117 of the 121st general assembly or former Section 50.22 of 3,097
Amended Substitute House Bill No. 215 of the 122nd general 3,102
assembly;
(h) Plus any additional amount paid in the applicable 3,105
fiscal year pursuant to the special education recomputation 3,106
required by former division (I) of section 3317.023 of the 3,107
Revised Code; 3,109
(i) Plus any amount paid for equity aid in the applicable 3,112
fiscal year under section 3317.0213 of the Revised Code; 3,114
(j) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL 3,116
YEAR PURSUANT TO SECTION 3317.027 OF THE REVISED CODE; 3,118
70
(k) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL 3,120
YEAR RESULTING FROM A RECOMPUTATION MADE UNDER DIVISION (B) OF 3,121
SECTION 3317.022 OF THE REVISED CODE. 3,122
(2) "Enhanced FY 1998 state aid" for a district means its 3,125
fundamental FY 1998 state aid plus any amounts for which the 3,126
district was eligible pursuant to division (K) of section 3,128
3317.024 of the Revised Code, as that division existed in fiscal 3,129
year 1998. 3,130
(3) "State basic aid" for a district in FOR any fiscal 3,132
year after fiscal year 1998 means the sum of the following: 3,135
(a) The amount computed for the district for basic formula 3,137
aid and special education funding under divisions (A), (B), and 3,139
(C)(1) of section 3317.022 and sections 3317.025 to 3317.028 AND 3,141
3317.027 of the Revised Code and DPIA aid under section 3317.029 3,142
of the Revised Code in the current fiscal year before any 3,144
deduction or credit required by division (B), (D), (E), (F), (G), 3,146
(H), (I), (J), or (K) of section 3317.023 or division (J) of 3,147
section 3317.029 of the Revised Code; 3,149
(b) Any amounts for which the district is eligible 3,152
pursuant to division (C) of section 3317.023, divisions (G) and 3,154
(P) of section 3317.024, and division (B) of section 3317.162 of 3,155
the Revised Code; 3,156
(c) Any equity aid for which the district is eligible 3,159
under section 3317.0213 of the Revised Code.
(B) Upon request of the department of education, the 3,161
treasurer of any school district or educational service center 3,162
shall furnish data needed to calculate the amounts specified in 3,163
divisions (A)(1)(e) and (f) of this section. The department 3,164
shall compute the state basic aid guarantee for each school 3,166
district for the fiscal year as follows: 3,167
(1) Subtract the amount of state basic aid from the amount 3,170
of fundamental FY 1998 state aid. If a negative number, this 3,171
computation shall be deemed to be zero. 3,172
(2) Compute the following amounts: 3,174
71
(a) Formula ADM X (state basic aid/formula ADM); 3,177
(b) The greater of formula ADM or three-year average 3,180
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 3,181
(3) If the amount computed under division (B)(2)(b) of 3,184
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 3,186
greater. If the amount computed under division (B)(2)(b) of this 3,187
section is not greater than the amount computed under division 3,188
(B)(2)(a) of this section, this computation shall be deemed to be 3,189
zero.
(4) Except as provided in division (C) of this section, 3,192
the department shall determine for each district the lesser of 3,193
the amounts computed in divisions (B)(1) and (3) of this section 3,195
and, if greater than zero, pay the district that amount. 3,197
(C) In fiscal year 1999, the department shall calculate 3,200
for each district the sum of the district's state basic aid for 3,202
fiscal year 1999 plus the transportation portion of state aid 3,204
computed under division (D) of section 3317.022 of the Revised 3,207
Code for the district for fiscal year 1999. If a district's 3,208
enhanced FY 1998 state aid is greater than that sum, then the 3,209
department shall pay the district in fiscal year 1999 one hundred 3,211
per cent of the difference or the amount required by division 3,212
(B)(4) of this section, whichever is greater. 3,213
(D)(1) The state basic aid guarantee in any fiscal year 3,215
for a school district with a formula ADM of one hundred fifty or 3,216
less shall be the greatest of the following amounts: 3,217
(a) The district's state basic aid for the fiscal year; 3,219
(b) The district's fundamental FY 1998 state aid; 3,221
(c) The district's fundamental FY 1997 state aid; 3,223
(2) If in any fiscal year the state basic aid for a school 3,225
district with a formula ADM of one hundred fifty or less is less 3,226
than the guarantee amount determined for the district under 3,227
division (D)(1) of this section, the department of education 3,228
shall pay the district the amount of the difference. 3,229
72
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 3,239
and (C) of this section, any student enrolled in kindergarten 3,240
more than half time shall be reported as one-half student under 3,241
this section.
(A) The superintendent of each city and exempted village 3,244
school district and of each educational service center shall, for 3,245
the schools under the superintendent's supervision, certify to 3,246
the state board of education on or before the fifteenth day of 3,247
October in each year for the first full school week in October 3,248
the formula ADM, which shall consist of the average daily 3,249
membership during such week of the sum of the following: 3,250
(1) On an FTE basis, the number of students in grades 3,253
kindergarten through twelve receiving any educational services 3,254
from the district, except that the following categories of 3,255
students shall not be included in the determination: 3,256
(a) Students enrolled in adult education classes; 3,258
(b) Adjacent or other district students enrolled in the 3,260
district under an open enrollment policy pursuant to section 3,261
3313.98 of the Revised Code; 3,262
(c) Students receiving services in the district pursuant 3,264
to a compact, cooperative education agreement, or a contract, but 3,265
who are entitled to attend school in another district pursuant to 3,266
section 3313.64 or 3313.65 of the Revised Code; 3,267
(d) Students for whom tuition is payable pursuant to 3,270
sections 3317.081 and 3323.141 of the Revised Code. 3,271
(2) On an FTE basis, the number of students entitled to 3,274
attend school in the district pursuant to section 3313.64 or 3,275
3313.65 of the Revised Code, but receiving educational services 3,277
in grades kindergarten through twelve from one or more of the
following entities: 3,278
(a) A community school pursuant to Chapter 3314. of the 3,281
Revised Code or Section 50.52 of Amended Substitute House Bill 3,282
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 3,284
73
3313.979 of the Revised Code as described in division (I)(2)(a) 3,286
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 3,288
Code;
(d) An adjacent or other school district under an open 3,291
enrollment policy adopted pursuant to section 3313.98 of the 3,292
Revised Code; 3,293
(e) An educational service center or cooperative education 3,296
district;
(f) Another school district under a cooperative education 3,299
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 3,301
joint vocational school district OR UNDER A VOCATIONAL EDUCATION 3,302
COMPACT;
(4) The number of handicapped children, other than 3,304
handicapped preschool children, entitled to attend school in the 3,305
district pursuant to section 3313.64 or 3313.65 of the Revised 3,307
Code who are placed with a county MR/DD board, minus the number 3,310
of such children placed with a county MR/DD board in fiscal year 3,311
1998. If this calculation produces a negative number, the number 3,313
reported under division (A)(4) of this section shall be zero. 3,315
(B) To enable the department of education to obtain the 3,318
data needed to complete the calculation of payments pursuant to 3,319
this chapter, in addition to the formula ADM, each superintendent 3,321
shall report separately the following student counts: 3,322
(1) The total average daily membership in regular day 3,324
classes included in the report under division (A)(1) or (2) of 3,325
this section for kindergarten, and each of grades one through 3,326
twelve in schools under the superintendent's supervision; 3,328
(2) The average daily membership of all handicapped 3,330
preschool children included in a unit approved for the district 3,331
under section 3317.05 of the Revised Code, in accordance with 3,332
rules adopted under that section; 3,333
(3) The number of children entitled to attend school in 3,335
74
the district pursuant to section 3313.64 or 3313.65 of the 3,336
Revised Code who are participating in a pilot project scholarship 3,338
program established under sections 3313.974 to 3313.979 of the 3,339
Revised Code as described in division (I)(2)(a) or (b) of this 3,341
section, are enrolled in a college under Chapter 3365. of the 3,342
Revised Code, are enrolled in an adjacent or other school 3,343
district under section 3313.98 of the Revised Code, are enrolled 3,344
in a community school established under Chapter 3314. of the 3,346
Revised Code or Section 50.52 of Amended Substitute House Bill 3,347
No. 215 of the 122nd general assembly, or are participating in a 3,348
program operated by a county MR/DD board or a state institution; 3,350
(4) The number of pupils enrolled in joint vocational 3,352
schools; 3,353
(5) The average daily membership of handicapped children 3,356
reported under division (A)(1) or (2) of this section receiving 3,357
category one special education services, described in division 3,358
(A) of section 3317.013 of the Revised Code; 3,359
(6) The average daily membership of handicapped children 3,361
reported under division (A)(1) or (2) of this section receiving 3,362
category two special education services, described in division 3,363
(B) of section 3317.013 of the Revised Code; 3,364
(7) The average daily membership of handicapped children 3,366
reported under division (A)(1) or (2) of this section identified 3,368
as having any of the handicaps specified in division (F)(3) of 3,369
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 3,371
division (A)(1) or (2) of this section enrolled in vocational 3,373
education programs or classes operated by the school district or 3,374
by another district other than a joint vocational school district
or by an educational service center; 3,375
(9) The average number of children transported by the 3,377
school district on board-owned or contractor-owned and operated 3,378
buses, reported in accordance with rules adopted by the 3,380
department of education;
75
(10)(a) The number of children, other than handicapped 3,383
preschool children, the district placed with a county MR/DD board 3,384
in fiscal year 1998; 3,385
(b) The number of handicapped children, other than 3,387
handicapped preschool children, placed with a county MR/DD board 3,389
in the current fiscal year to receive category one special 3,390
education services, described in division (A) of section 3317.013 3,392
of the Revised Code; 3,393
(c) The number of handicapped children, other than 3,395
handicapped preschool children, placed with a county MR/DD board 3,397
in the current fiscal year to receive category two special 3,398
education services, described in division (B) of section 3317.013 3,400
of the Revised Code; 3,401
(d) The number of handicapped children, other than 3,403
handicapped preschool children, placed with a county MR/DD board 3,405
in the current fiscal year to receive category three special 3,406
education services, described in division (F)(3) of section 3,408
3317.02 of the Revised Code. 3,410
(C) Except as otherwise provided in this section for 3,412
kindergarten students, the average daily membership in divisions 3,413
(B)(1) to (8) of this section shall be based upon the number of 3,415
full-time equivalent students. The state board of education 3,416
shall adopt rules defining full-time equivalent students and for 3,417
determining the average daily membership therefrom for the 3,419
purposes of divisions (A) and (B) of this section. No child 3,420
shall be counted as more than a total of one child in the sum of 3,422
the average daily memberships of a school district under division 3,423
(A) or under divisions (B)(1) to (8) of this section. Based on 3,424
the information reported under this section, the department of 3,425
education shall determine the total student count, as defined in 3,426
section 3301.011 of the Revised Code, for each school district. 3,427
(D) The superintendent of each joint vocational and 3,429
cooperative education school district shall certify to the 3,431
superintendent of public instruction, in a manner prescribed by
76
the state board of education, the applicable average daily 3,432
memberships for all students in the joint vocational or 3,434
cooperative education school district, also indicating the city, 3,435
local, or exempted village school district of residence for each 3,436
pupil.
(E) In each school of each city, local, exempted village, 3,438
joint vocational, and cooperative education school district there 3,439
shall be maintained a record of school membership, which record 3,440
shall accurately show, for each day the school is in session, the 3,441
actual membership enrolled in regular day classes. For the 3,442
purpose of determining average daily membership, the membership 3,443
figure of any school shall not include any pupils except those 3,444
pupils described by division (A) of this section. The record of 3,446
membership for each school shall be maintained in such manner 3,447
that no pupil shall be counted as in membership prior to the 3,448
actual date of entry in the school and also in such manner that 3,449
where for any cause a pupil permanently withdraws from the school 3,450
that pupil shall not be counted as in membership from and after 3,452
the date of such withdrawal. There shall not be included in the 3,453
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 3,456
a public high school;
(2) Any pupil who is not a resident of the state; 3,458
(3) Any pupil who was enrolled in the schools of the 3,461
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 3,462
not take one or more of the tests required by that section and 3,463
was not excused pursuant to division (C)(1) of that section; 3,464
(4) Any pupil who has attained the age of twenty-two 3,466
years, except for the following: 3,467
(a) Persons suffering from tuberculosis and receiving 3,469
treatment in any approved state, county, district, or municipal 3,470
tuberculosis hospital who have not graduated from the twelfth 3,471
grade of a public high school; 3,472
77
(b) Veterans of the armed services whose attendance was 3,474
interrupted before completing the recognized twelve-year course 3,475
of the public schools by reason of induction or enlistment in the 3,476
armed forces and who apply for reenrollment in the public school 3,477
system of their residence not later than four years after 3,478
termination of war or their honorable discharge. 3,479
If, however, any veteran described by division (E)(4)(b) of 3,482
this section elects to enroll in special courses organized for 3,483
veterans for whom tuition is paid under the provisions of federal 3,484
laws, or otherwise, that veteran shall not be included in average 3,486
daily membership.
Notwithstanding division (E)(3) of this section, the 3,488
membership of any school may include a pupil who did not take a 3,489
test required by section 3301.0711 of the Revised Code if the 3,490
superintendent of public instruction grants a waiver from the 3,491
requirement to take the test to the specific pupil. The 3,492
superintendent may grant such a waiver only for good cause in 3,493
accordance with rules adopted by the state board of education. 3,494
The average daily membership figure of any local, city, or 3,496
exempted village school district shall be determined by dividing 3,497
the figure representing the sum of the number of pupils enrolled 3,498
during each day the school of attendance is actually open for 3,499
instruction during the first full school week in October by the 3,501
total number of days the school was actually open for instruction 3,502
during that week. For purposes of state funding, "enrolled" 3,503
persons are only those pupils who are attending school, those who 3,504
have attended school during the current school year and are 3,505
absent for authorized reasons, and those handicapped children 3,506
currently receiving home instruction. 3,507
The average daily membership figure of any joint vocational 3,509
or cooperative education school district shall be determined in 3,510
accordance with rules adopted by the state board of education. 3,511
(F)(1) If the formula ADM for the first full school week 3,514
in February is at least three per cent greater than that 3,515
78
certified for the first full school week in the preceding 3,516
October, the superintendent of schools of any city or exempted 3,517
village school district or educational service center shall 3,518
certify such increase to the superintendent of public 3,519
instruction. Such certification shall be submitted no later than 3,520
the fifteenth day of February. For the balance of the fiscal 3,521
year, beginning with the February payments, the superintendent of 3,522
public instruction shall use the increased formula ADM in 3,524
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 3,527
event shall the superintendent use an increased membership 3,528
certified to the superintendent after the fifteenth day of 3,529
February.
(2) If during the first full school week in February the 3,531
total number of units for handicapped preschool children that are 3,534
eligible for approval under division (B) of section 3317.05 of 3,535
the Revised Code exceeds the number of such units that have been 3,536
approved for the year under such division, the superintendent of 3,537
schools of any city, exempted village, or cooperative education 3,538
school district or educational service center shall make the 3,539
certifications required by this section for such week. If the 3,540
state board of education determines additional units can be 3,541
approved for the fiscal year within any limitations set forth in 3,542
the acts appropriating moneys for the funding of such units, the 3,544
board shall approve additional units for the fiscal year on the 3,545
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 3,546
computed in the manner prescribed in section 3317.161 or 3317.19 3,548
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 3,550
total number of special education units that are eligible for 3,551
approval under division (D)(1) of section 3317.05 of the Revised 3,552
Code for a joint vocational school district exceeds the number of 3,553
those units that have been approved for the year under that 3,554
79
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 3,555
state board of education determines additional units can be 3,556
approved for the fiscal year within any limitations set forth in 3,557
the acts appropriating moneys for the funding of such units, the 3,558
state board shall approve additional units for the fiscal year on 3,559
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 3,560
computed in the manner prescribed by section 3317.16 of the 3,561
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 3,563
special education program pursuant to section 3323.091 of the 3,564
Revised Code shall, for the programs under such superintendent's 3,566
supervision, certify to the state board of education the average 3,567
daily membership of all handicapped children in classes or 3,568
programs approved annually by the state board of education, in 3,569
the manner prescribed by the superintendent of public 3,570
instruction.
(b) The superintendent of an institution with vocational 3,573
education units approved under division (A) of section 3317.05 of 3,574
the Revised Code shall, for the units under the superintendent's 3,576
supervision, certify to the state board of education the average 3,577
daily membership in those units, in the manner prescribed by the 3,578
superintendent of public instruction. 3,579
(2) The superintendent of each county MR/DD board that 3,581
maintains special education classes or units approved by the 3,582
state board of education pursuant to section 3317.05 of the 3,584
Revised Code shall do both of the following: 3,585
(a) Certify to the state board, in the manner prescribed 3,588
by the board, the average daily membership in classes and units 3,589
approved under division (D)(1) of section 3317.05 of the Revised 3,590
Code for each school district that has placed children in the 3,591
classes or units;
(b) Certify to the state board, in the manner prescribed 3,593
80
by the board, the average daily membership in preschool 3,595
handicapped units approved under division (B) of section 3317.05 3,597
of the Revised Code.
(3) If during the first full school week in February the 3,599
average daily membership of the classes or units maintained by 3,600
the county MR/DD board that are eligible for approval under 3,601
division (D)(1) of section 3317.05 of the Revised Code is greater 3,603
than the average daily membership for the preceding October, the 3,604
superintendent of the board shall make the certifications 3,605
required by this section for such week and, if during the first 3,607
full school week in February the average daily membership of the 3,608
units maintained by the county MR/DD board that are eligible for 3,609
approval under division (B) of section 3317.05 of the Revised 3,610
Code is greater than the average daily membership for the 3,611
preceding October, the superintendent shall certify the average 3,612
daily membership for the first full school week in February for 3,613
such units to the state board of education. If the state board 3,614
determines that additional classes or units can be approved for 3,615
the fiscal year within any limitations set forth in the acts 3,616
appropriating moneys for the funding of such classes and units, 3,617
the board shall approve and fund additional units for the fiscal 3,618
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 3,619
computed in the manner prescribed in sections 3317.161 and 3,621
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 3,624
when any city, local, or exempted village school district 3,625
provides instruction for a nonresident pupil whose attendance is 3,626
unauthorized attendance as defined in section 3327.06 of the 3,627
Revised Code, that pupil's membership shall not be included in 3,628
that district's membership figure used in the calculation of that 3,629
district's formula ADM or included in the determination of any 3,630
unit approved for the district under section 3317.05 of the 3,631
Revised Code. The reporting official shall report separately the 3,632
81
average daily membership of all pupils whose attendance in the 3,633
district is unauthorized attendance, and the membership of each 3,634
such pupil shall be credited to the school district in which the 3,635
pupil is entitled to attend school under division (B) of section 3,636
3313.64 or section 3313.65 of the Revised Code as determined by 3,637
the department of education. 3,638
(I)(1) A school district admitting a scholarship student 3,640
of a pilot project district pursuant to division (C) of section 3,641
3313.976 of the Revised Code may count such student in its 3,642
average daily membership.
(2) In any year for which funds are appropriated for pilot 3,644
project scholarship programs, a school district implementing a 3,645
state-sponsored pilot project scholarship program that year 3,646
pursuant to sections 3313.974 through 3313.979 of the Revised 3,648
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 3,650
scholarship to attend kindergarten in any alternative school, as 3,651
defined in division (A)(9) of section 3313.974 of the Revised 3,652
Code;
(b) All children who were enrolled in the district in the 3,654
preceding year who are utilizing a scholarship to attend any such 3,655
alternative school. 3,656
Sec. 3318.03. Upon conducting the on-site evaluation under 3,665
section 3318.02 of the Revised Code, the Ohio school facilities 3,667
commission shall make a determination of the practicabilty of 3,668
meeting the district's classroom facility needs as indicated in 3,669
division (B)(2) of section 3318.02 of the Revised Code; the ALL 3,670
OF THE FOLLOWING:
(A) THE needs of the school district for additional 3,673
classroom facilities; the 3,674
(B) THE number of classroom facilities to be included in a 3,677
project and the basic project cost of constructing, acquiring, 3,678
reconstructing, or making additions to each such facility; the 3,679
(C) THE amount of such cost that the school district can 3,682
82
supply from available funds, by the issuance of bonds previously 3,683
authorized by the electors of the school district the proceeds of 3,684
which can lawfully be used for the project, and by the issuance 3,685
of bonds under section 3318.05 of the Revised Code; and the 3,686
(D) THE remaining amount of such cost that shall be 3,689
supplied by the state; 3,690
(E) IF THE STATE'S PORTION OF THE BASIC PROJECT COST 3,693
EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE STATE'S PORTION 3,694
TO BE ENCUMBERED IN ACCORDANCE WITH SECTION 3318.11 OF THE 3,696
REVISED CODE IN THE CURRENT AND SUBSEQUENT FISCAL BIENNIUMS FROM 3,698
FUNDS APPROPRIATED FOR PURPOSES OF SECTIONS 3318.01 TO 3318.20 OF 3,699
THE REVISED CODE. The 3,702
THE commission shall make a determination in favor of 3,705
constructing, acquiring, reconstructing, or making additions to a 3,706
classroom facility only upon evidence that the proposed project 3,708
conforms to sound educational practice, that it is in keeping 3,709
with the orderly process of school district reorganization and 3,710
consolidation, and that the actual or projected enrollment in 3,711
each classroom facility proposed to be included in the project is 3,713
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparcity 3,715
SPARSITY of population, and other factors make larger schools 3,717
impracticable.
Sections 125.81 and 153.04 of the Revised Code shall not 3,719
apply to classroom facilities constructed under sections 3318.01 3,720
to 3318.20 of the Revised Code. 3,721
Sec. 3318.04. If the Ohio school facilities commission 3,730
makes a determination under section 3318.03 of the Revised Code 3,732
in favor of constructing, acquiring, reconstructing, or making 3,733
additions to a classroom facility, the project shall be 3,734
conditionally approved. Such conditional approval shall be 3,735
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 3,736
commission's determination, conditional approval, and the amount 3,738
83
of the state's portion of the basic project cost, AND, IF THE
STATE'S PORTION EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE 3,739
STATE'S PORTION TO BE ENCUMBERED IN THE CURRENT FISCAL BIENNIUM. 3,740
In the event of approval thereof by the controlling board, the 3,742
commission shall certify such conditional approval to the school 3,743
district board and shall encumber from the total funds 3,744
appropriated for the purpose of sections 3318.01 to 3318.20 of 3,745
the Revised Code the amount of the state's portion of the basic
project cost OR, IF THE STATE'S PORTION EXCEEDS FORTY MILLION 3,746
DOLLARS, THE AMOUNT APPROVED UNDER THIS SECTION TO BE ENCUMBERED 3,747
IN THE CURRENT FISCAL BIENNIUM. 3,748
The basic project cost for a project approved under this 3,751
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 3,752
or reconstructed, or the additions to be made to classroom 3,753
facilities, under such project meet, but do not exceed, the 3,754
specifications for plans and materials for classroom facilities 3,755
adopted by the commission.
No school district shall have a project conditionally 3,757
approved pursuant to this section if the project includes the 3,758
reconstruction of, or the making of additions to, any classroom 3,759
facilities that were constructed, acquired, reconstructed, or 3,760
added to as part of a project funded under any version of 3,761
sections 3318.01 to 3318.20 of the Revised Code, and the prior 3,763
project was one for which the electors of such district approved 3,764
a levy within the last ten years pursuant to any version of 3,765
section 3318.06 of the Revised Code for purposes of qualifying 3,766
for the funding of that project.
Sec. 3318.11. FOR ANY PROJECT FOR WHICH THE STATE'S 3,768
PORTION OF THE BASIC PROJECT COST EXCEEDS FORTY MILLION DOLLARS, 3,769
THE AMOUNT OF STATE APPROPRIATIONS TO BE ENCUMBERED FOR THE 3,770
PROJECT IN EACH FISCAL BIENNIUM SHALL BE DETERMINED BY THE OHIO 3,771
SCHOOL FACILITIES COMMISSION BASED ON THE PROJECT'S ESTIMATED 3,772
CONSTRUCTION SCHEDULE FOR THAT BIENNIUM. IN EACH FISCAL BIENNIUM 3,773
84
SUBSEQUENT TO THE FIRST BIENNIUM IN WHICH STATE APPROPRIATIONS 3,774
ARE ENCUMBERED FOR THE PROJECT, THE PROJECT HAS PRIORITY FOR 3,775
STATE FUNDS OVER PROJECTS FOR WHICH INITIAL STATE FUNDING IS 3,776
SOUGHT.
Sec. 3318.12. The Ohio school facilities commission shall 3,786
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts appropriated 3,788
by the general assembly and set aside for such purpose, from time 3,789
to time as may be necessary to pay obligations chargeable to such 3,790
fund when due. The ALL INVESTMENT EARNINGS OF A SCHOOL 3,791
DISTRICT'S PROJECT CONSTRUCTION FUND SHALL BE CREDITED TO THE
FUND.
THE treasurer of the school district board shall disburse 3,795
funds from the school district's project construction fund, 3,796
INCLUDING INVESTMENT EARNINGS CREDITED TO THE FUND, only upon the 3,797
approval of the commission or the commission's designated 3,798
representative. The commission or the commission's designated 3,799
representative shall issue vouchers against such fund, in such 3,800
amounts, and at such times as required by the contracts for 3,802
construction of the project.
AFTER THE PROJECT HAS BEEN COMPLETED: 3,804
(A) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT 3,807
CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE SCHOOL DISTRICT'S 3,808
CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE DISTRICT'S 3,809
MAINTENANCE FUND REQUIRED BY DIVISION (B) OF SECTION 3318.05 OF 3,811
THE REVISED CODE, AND THE MONEY SHALL BE USED SOLELY FOR 3,813
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT. 3,814
(B) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT 3,817
CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE STATE'S 3,818
CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE COMMISSION 3,819
FOR EXPENDITURE PURSUANT TO SECTIONS 3318.01 TO 3318.20 OF THE 3,821
REVISED CODE. 3,822
(C) Any OTHER surplus remaining in the school district's 3,824
project construction fund after the project has been completed 3,826
85
shall be transferred to the commission AND THE SCHOOL DISTRICT 3,829
BOARD IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 3,830
FUND. THE COMMISSION SHALL USE THE MONEY TRANSFERRED TO IT UNDER 3,831
THIS DIVISION for expenditure pursuant to sections 3318.01 to 3,832
3318.20 of the Revised Code; provided, that if the final cost of 3,833
the project is less than the amount of moneys paid into the 3,834
school district's project construction fund by the school 3,835
district board, the amount by which the school district's 3,837
contribution exceeds the actual cost shall be returned to the 3,838
school district board.
Sec. 3318.15. There is hereby created the public school 3,847
building fund within the state treasury consisting of all moneys 3,848
received from the sale of classroom facilities pursuant to 3,849
sections 3318.01 to 3318.20 of the Revised Code, any moneys 3,850
transferred or appropriated to the fund by the general assembly, 3,851
and any grants, gifts, or contributions received by the Ohio 3,852
school facilities commission to be used for the purposes of the 3,853
fund. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 3,854
THE FUND.
Moneys transferred or appropriated to the fund by the 3,856
general assembly and moneys in the fund from grants, gifts, and 3,857
contributions shall be used to acquire classroom facilities for 3,858
sale to school districts pursuant to sections 3318.01 to 3318.20 3,859
of the Revised Code. The moneys in the fund received from the 3,860
sale of classroom facilities shall be held in a separate account 3,861
in the fund. Such moneys may be used partially to acquire 3,862
additional classroom facilities for sale to school districts 3,863
pursuant to sections 3318.01 to 3318.20 and partially to pay bond 3,864
service charges as defined in division (C) of section 3318.21 of 3,865
the Revised Code on obligations, the proceeds of which are 3,866
deposited into the school districts facilities fund created in 3,867
section 3318.23 of the Revised Code. 3,868
Sec. 3318.25. There is hereby created in the state 3,877
treasury the school building program assistance fund. The fund 3,878
86
shall consist of the proceeds of obligations issued for the 3,879
purposes of such fund pursuant to section 3318.26 of the Revised 3,880
Code that are payable from moneys in the lottery profits 3,881
education fund created in section 3770.06 of the Revised Code. 3,882
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE 3,883
FUND. Moneys in the fund shall be used as directed by the Ohio 3,884
school facilities commission for the cost to the state of 3,886
acquiring classroom facilities for sale to school districts 3,887
pursuant to sections 3318.01 to 3318.20 of the Revised Code. 3,888
Sec. 3345.50. Notwithstanding anything to the contrary in 3,897
sections 123.01, AND 123.15, and 153.01 to 153.20 of the Revised 3,899
Code, a state university, the medical college of Ohio at Toledo, 3,901
a state community college, or the northeastern Ohio universities 3,902
college of medicine may locally administer a ANY CAPITAL 3,903
FACILITIES project for the construction, reconstruction, 3,904
improvement, renovation, enlargement, or alteration of a public 3,905
improvement under its jurisdiction for which the total amount of 3,906
funds expected to be appropriated by the general assembly does 3,907
not exceed four million dollars without the supervision, control, 3,908
or approval of the department of administrative services as 3,909
specified in those sections, if both of the following occur:
(A) Within sixty days after the effective date of the 3,911
section of an act in which the general assembly initially makes 3,913
an appropriation for the project, the board of trustees of the 3,914
institution notifies the Ohio board of regents in writing of its 3,915
intent to administer the CAPITAL FACILITIES project locally; 3,916
(B) The board of trustees complies with the guidelines 3,919
established pursuant to division (A) of section 125.101 153.16 of 3,921
the Revised Code and all laws that govern the selection of 3,922
consultants, preparation and approval of contract documents, 3,924
receipt of bids, and award of contracts with respect to the 3,925
project.
THE BOARD OF REGENTS SHALL ADOPT RULES IN ACCORDANCE WITH 3,928
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH CRITERIA FOR THE 3,931
87
ADMINISTRATION BY ANY SUCH INSTITUTION OF HIGHER EDUCATION OF A 3,932
CAPITAL FACILITIES PROJECT FOR WHICH THE TOTAL AMOUNT OF FUNDS 3,933
EXPECTED TO BE APPROPRIATED BY THE GENERAL ASSEMBLY EXCEEDS FOUR 3,934
MILLION DOLLARS. THE CRITERIA, TO BE DEVELOPED WITH THE 3,935
DEPARTMENT OF ADMINISTRATIVE SERVICES AND HIGHER EDUCATION 3,936
REPRESENTATIVES SELECTED BY THE BOARD OF REGENTS, SHALL INCLUDE 3,937
SUCH MATTERS AS THE ADEQUACY OF THE STAFFING LEVELS AND EXPERTISE 3,938
NEEDED FOR THE INSTITUTION TO ADMINISTER THE PROJECT, PAST 3,939
PERFORMANCE OF THE INSTITUTION IN ADMINISTERING SUCH PROJECTS, 3,940
AND THE AMOUNT OF INSTITUTIONAL OR OTHER NONSTATE MONEY TO BE 3,941
USED IN FINANCING THE PROJECT. THE BOARD OF REGENTS AND THE 3,942
DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL APPROVE THE REQUEST 3,943
OF ANY SUCH INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO 3,944
ADMINISTER ANY SUCH CAPITAL FACILITIES PROJECT AND MEETS THE 3,945
CRITERIA SET FORTH IN THE RULES AND IN THE REQUIREMENTS OF 3,946
DIVISION (B) OF THIS SECTION. 3,947
Sec. 3379.10. (A) Recognizing this state's responsibility 3,956
to foster culture and the arts and to encourage the development 3,957
of artists and craftsmen CRAFTSPERSONS, the general assembly 3,958
declares it a policy of this state that a portion of the money to 3,960
be spent by state agencies on the construction or renovation of 3,961
public buildings be spent on the acquisition of works of art to 3,962
be placed in or on such buildings. In pursuit of this policy, 3,963
there is hereby established the per cent for arts program, under 3,964
which quality works of art are to be sold to such agencies by the 3,965
Ohio arts council and, in the process, qualified professional 3,966
artists are to be recognized. 3,967
(B) As used in this section: 3,969
(1) "Appropriation" does not include a reappropriation. 3,971
(2) "Proceeds" does not include the proceeds of bonds, 3,973
notes, or other obligations issued in anticipation of the 3,974
issuance of, or to refund, other bonds, notes, or other 3,975
obligations. 3,976
(3) "Public building" means any building, facility, 3,978
88
structure, or park built or renovated using state money, 3,979
including any publicly owned lands or space surrounding or 3,980
integral to the building, facility, structure, or park but not 3,981
including: 3,982
(a) Parking lots, sidewalks, maintenance sheds, bridges, 3,984
tunnels, sewers, trails, fishponds and fishways, or warehouses, 3,985
unless such structures are adjuncts of the principal element of 3,986
the project; 3,987
(b) Buildings of a temporary nature; 3,989
(c) Projects to correct any deficiencies or violations of 3,991
a building or housing code enacted by law; 3,992
(d) Highway construction. 3,994
(4) "Renovation" does not include a project of which the 3,996
principal purpose is the rehabilitation of plumbing, heating, 3,997
ventilating, air conditioning, or electrical systems. 3,998
(5) "State agency" has the same meaning as in section 1.60 4,000
of the Revised Code and includes a state university or college, a 4,001
community college established under Chapter 3354. of the Revised 4,002
Code, or a technical college established under Chapter 3357. of 4,003
the Revised Code. 4,004
(6) "Work of art" includes all forms of original creations 4,006
of visual art, including, but not limited to: 4,007
(a) Paintings, including all media and both portable and 4,009
permanently affixed works of art such as murals; 4,010
(b) Sculpture, including bas-relief, high relief, mobile, 4,012
fountain, kinetic, environmental, electronic, and in-the-round 4,013
sculpture; 4,014
(c) Prints, calligraphy, clay, drawings, stained glass, 4,016
mosaics, photographs, fiber and textiles, wood, metal, plastics, 4,017
and other materials or combination of materials; 4,018
(d) Mixed media, including any combination of forms of 4,020
media. 4,021
(C) Except as otherwise provided in division (D) of this 4,023
section, whenever more than four million dollars of state money, 4,024
89
whether obtained from the sale of bonds or otherwise, is to be 4,025
spent by a state agency on the construction or renovation of a 4,026
public building, the agency that contracts for the construction 4,027
or renovation, consistent with division (G) of this section, 4,028
shall contract with the council to use one per cent of the state 4,029
money appropriated for the project or, if applicable, one per 4,030
cent of the nonappropriated state proceeds of bonds, notes, or 4,031
other obligations authorized to be sold for the project, to 4,032
purchase works of art from the council for display in or on the 4,033
public building and to make related outlays under division (E) of 4,034
this section. The council, subject to the approval of the 4,035
director of budget and management, shall fix the prices at which 4,036
it sells works of art for the project to the state agency 4,037
contracting for construction or renovation. The calculation of 4,038
whether more than four million dollars is to be spent shall not 4,039
be cumulative but shall be based on the amount of each 4,040
appropriation or each designation of nonappropriated state 4,041
proceeds of bonds, notes, or other obligations authorized to be 4,042
sold for a project. 4,043
(D)(1) Notwithstanding division (C) of this section, the 4,045
director of budget and management, after consulting with the 4,046
council about the matter, may determine that no state money, or a 4,047
percentage less than one per cent of the amount specified in that 4,048
division, shall be spent to purchase works of art from the 4,049
council and to make related outlays under division (E) of this 4,050
section if the director of budget and management feels that works 4,051
of art would be out of place in or on the public building, that 4,052
there will be little opportunity for public appreciation of works 4,053
of art in or on the public building, that the value of some 4,054
features or characteristics inherent in the architectural design 4,055
of the public building should apply toward the one per cent 4,056
requirement, or that the public building is or will be amply 4,057
supplied with works of art even without works of art purchased 4,058
from the council under division (C) of this section. The 4,059
90
director of budget and management, in accordance with Chapter 4,060
119. of the Revised Code, may adopt, and may amend or rescind, 4,061
rules establishing a procedure whereby state agencies may obtain 4,062
from the director reconsideration of his determination under this 4,064
division. The director shall make all final decisions with 4,065
regard to whether and to what extent a construction or renovation 4,066
project is subject to division (C) or (D) of this section 4,067
(2) NOT LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE 4,069
DATE OF A SECTION OF AN ACT PROVIDING THAT MORE THAN FOUR MILLION 4,070
DOLLARS OF STATE MONEY IS TO BE SPENT BY A STATE AGENCY ON THE 4,071
CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING, THE DIRECTOR OF 4,073
BUDGET AND MANAGEMENT SHALL PREPARE A PRELIMINARY REPORT LISTING 4,074
EACH APPROPRIATION AND EACH DESIGNATION OF NONAPPROPRIATED STATE 4,076
PROCEEDS MORE THAN FOUR MILLION DOLLARS FOR THE CONSTRUCTION OR 4,077
RENOVATION OF A PUBLIC BUILDING, AND INDICATING THE AMOUNT OF THE 4,079
APPROPRIATION OR DESIGNATION THAT SHALL BE SPENT FOR THE PER CENT 4,081
FOR ARTS PROGRAM. THE AMOUNT SPECIFIED TO BE SPENT FOR THE PER 4,082
CENT FOR ARTS PROGRAM AMOUNT SHALL TAKE INTO ACCOUNT ANY 4,083
DETERMINATION MADE BY THE DIRECTOR UNDER DIVISION (D)(1) OF THIS 4,084
SECTION. THE DIRECTOR SHALL SEND A COPY OF THE PRELIMINARY 4,085
REPORT TO THE COUNCIL AND TO EACH STATE AGENCY THAT RECEIVED AN 4,086
APPROPRIATION OR NONAPPROPRIATED STATE PROCEEDS OF MORE THAN FOUR 4,087
MILLION DOLLARS FOR THE CONSTRUCTION OR RENOVATION OF A PUBLIC 4,088
BUILDING UNDER THE ACT. 4,089
(3) NOT LATER THAN THIRTY DAYS AFTER THE DIRECTOR SENDS 4,091
THE PRELIMINARY REPORT REQUIRED UNDER DIVISION (D)(2) OF THIS 4,092
SECTION, A STATE AGENCY MAY DELIVER TO THE DIRECTOR OF BUDGET AND 4,094
MANAGEMENT A REQUEST FOR THE DIRECTOR TO MAKE A DETERMINATION 4,095
UNDER DIVISION (D)(1) OF THIS SECTION OR TO RECONSIDER A 4,096
DETERMINATION MADE UNDER THAT DIVISION. IF THE DIRECTOR APPROVES 4,097
THE REQUEST, THE DIRECTOR SHALL REVISE THE PRELIMINARY REPORT 4,098
CONSISTENT WITH THE APPROVED REQUEST. NOT LATER THAN FORTY-FIVE 4,099
DAYS AFTER SENDING A PRELIMINARY REPORT, THE DIRECTOR SHALL SEND 4,100
A FINAL REPORT TO THE COUNCIL AND TO EACH STATE AGENCY REFERRED 4,101
91
TO IN DIVISION (D)(2) OF THIS SECTION. 4,102
(E)(1) Where appropriated state money will be used to 4,104
purchase works of art from the council under division (C) or (D) 4,105
of this section, the state agency that has contracted to purchase 4,106
the works of art shall make payment to the council for the works 4,107
of art and related costs as follows: 4,108
(a) The state agency shall encumber sufficient money to 4,110
pay for the purchase and installation of the works of art and 4,111
shall authorize the council to make payments against those 4,112
encumbrances for the purchase and installation of the works of 4,113
art. The council shall use the encumbered money to acquire and 4,114
install the works of art. 4,115
(b) If the council expects to make expenditures in 4,117
connection with the selection of artists for a specific project, 4,118
including expenditures for printing or for jurors, the council 4,119
shall estimate the amount of such expenditures it expects to make 4,120
and certify that amount to the state agency and to the director 4,121
of budget and management. Upon determining that there is an 4,122
unobligated balance in an appropriation for the state agency that 4,123
may be used for the purpose, the director of budget and 4,124
management shall transfer the amount certified from the 4,125
appropriation to the per cent for art acquisitions fund, which is 4,126
hereby created in the state treasury, on an intrastate transfer 4,127
voucher. The fund shall be used by the council to pay costs it 4,128
incurs in connection with the selection of artists for specific 4,129
projects, including costs for printing and for jurors. 4,130
All amounts encumbered or transferred under division 4,132
(E)(1)(a) or (b) of this section shall be applied toward the 4,133
percentage requirement of division (C) or (D) of this section. 4,134
(2) Where nonappropriated state proceeds of bonds, notes, 4,136
or other obligations will be used to purchase works of art from 4,137
the council under division (C) or (D) of this section, the state 4,138
agency that has contracted to purchase the works of art shall 4,139
make payment to the council for the works of art and related 4,140
92
costs as follows: 4,141
(a) The council shall submit to the state agency invoices 4,143
requesting payment for the purchase and installation of the works 4,144
of art. 4,145
(b) If the council expects to make expenditures in 4,147
connection with the selection of artists for a specific project, 4,148
including expenditures for printing or for jurors, the council 4,149
shall estimate the amount of such expenditures it expects to make 4,150
and submit to the state agency invoices requesting payment in 4,151
that amount. The state agency shall promptly remit payment to 4,152
the council in the amounts of all such invoices. Such 4,153
remittances shall be deposited in the state treasury to the 4,154
credit of the per cent for art acquisitions fund. 4,155
All amounts remitted under this division shall be applied 4,157
toward the percentage requirement of division (C) or (D) of this 4,158
section. 4,159
(F) The council shall consult with the chief executive 4,161
officer, or his THE OFFICER'S designee, of either the state 4,162
agency spending state money on the construction or renovation or 4,164
the state agency or agencies occupying or to occupy a public 4,165
building for which the council will supply a work of art, or 4,166
both, before making decisions about the following: 4,167
(1) Which works of art will be purchased and on which 4,169
sites they will be placed; 4,170
(2) Which artists, if any, will be commissioned to create 4,172
a work of art; 4,173
(3) The sale, exchange, and disposition of works of art 4,175
used in the program. 4,176
(G) The council shall make all final decisions in regard 4,178
to the matters described in divisions (F)(1) to (3) of this 4,179
section. 4,180
(H) Each state agency that has purchased works of art from 4,182
the council under division (C) or (D) of this section shall 4,183
maintain the works of art and pay the costs of maintenance. Money 4,185
93
spent by the agency for maintenance of the works of art shall not 4,186
be applied toward the percentage requirement of division (C) or 4,187
(D) of this section.
Sec. 4141.13. In addition to all other duties imposed on 4,196
the administrator of the bureau of employment services and powers 4,197
granted by this chapter, the administrator may: 4,200
(A) Adopt and enforce reasonable rules relative to the 4,202
exercise of the administrator's powers and authority, and proper 4,204
rules to govern the administrator's proceedings and to regulate 4,205
the mode and manner of all investigations and hearings; 4,206
(B) Prescribe the time, place, and manner of making claims 4,208
for benefits under such sections, the kind and character of 4,209
notices required thereunder, the procedure for investigating, 4,210
hearing, and deciding claims, the nature and extent of the proofs 4,211
and evidence and the method of furnishing and taking such proofs 4,212
and evidence to establish the right to benefits, and the method 4,213
and time within which adjudication and awards shall be made; 4,214
(C) Adopt rules with respect to the collection, 4,216
maintenance, and disbursement of the unemployment and 4,217
administrative funds; 4,218
(D) Amend and modify any of the administrator's rules from 4,220
time to time in such respects as the administrator finds 4,222
necessary or desirable; 4,223
(E) Employ, subject to Chapter 124. of the Revised Code, 4,225
secretaries, deputies, accountants, managers of district offices, 4,226
clerks, stenographers, and other assistants that are required for 4,227
the administration of this chapter, sections 4101.25 to 4101.30 4,229
and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of 4,230
the Revised Code, and determine their salaries and duties; 4,231
provided that notwithstanding Chapter 124. of the Revised Code, 4,232
no provisional appointments shall extend for a period of more 4,233
than six months, except that for the duration of the war 4,234
emergency such provisional appointments may be extended upon 4,235
compliance with the personnel standards of the proper agency of 4,236
94
the United States relating thereto, and such six months 4,237
limitation does not apply to the appointment of employees engaged 4,238
in the physical maintenance of buildings occupied by the bureau 4,239
of employment services; 4,240
(F) Appoint advisors or advisory employment committees, by 4,242
local districts or by industries, who shall, without compensation 4,243
but with reimbursements for necessary expenses, assist the 4,244
administrator in the execution of the administrator's duties; 4,246
(G) Require all employers, including employers not 4,248
otherwise subject to this chapter, to furnish to the 4,249
administrator information concerning the amount of wages paid, 4,251
the number of employees employed and the regularity of their 4,252
employment, the number of employees hired, laid off, and
discharged from time to time and the reasons therefor and the 4,253
numbers that quit voluntarily, and other and further information 4,254
respecting any other facts required for the proper administration 4,255
of this chapter; 4,256
(H) Classify generally industries, businesses, 4,258
occupations, and employments, and employers individually, as to 4,259
the hazard of unemployment in each business, industry, 4,260
occupation, or employment, and as to the particular hazard of 4,261
each employer, having special reference to the conditions of 4,262
regularity and irregularity of the employment provided by such 4,263
employer and of the fluctuations in payrolls of such employer; 4,264
(I) Determine the contribution rates upon employers 4,266
subject to this chapter, and provide for the levy and collection 4,268
of the contributions from such employers; 4,269
(J) Receive, hear, and decide claims for unemployment 4,271
benefits, and provide for the payment of such claims as are 4,272
allowed; 4,273
(K) Promote the regularization of employment and the 4,275
prevention of unemployment; 4,276
(L) Encourage and assist in the adoption of practical 4,278
methods of vocational training, retraining, and vocational 4,279
95
guidance; 4,280
(M) Investigate, recommend, and advise and assist in the 4,282
establishment and operation by municipal corporations, counties, 4,283
school districts, and the state of prosperity reserves of public 4,284
work to be prosecuted in times of business depression and 4,285
unemployment; 4,286
(N) Promote the re-employment of unemployed workers 4,288
throughout the state in any other way that may be feasible, and 4,289
take all appropriate steps within the administrator's means to 4,291
reduce and prevent unemployment; 4,292
(O) Carry on and publish the results of any investigations 4,294
and research that the administrator deems relevant; 4,295
(P) Make such reports to the proper agency of the United 4,297
States created by the "Social Security Act" as that agency 4,298
requires, and comply with such provisions as the agency finds 4,299
necessary to assure the correctness and verification of such 4,300
reports; 4,301
(Q) Make available upon request to any agency of the 4,303
United States charged with the administration of public works or 4,304
assistance through public employment the name, address, ordinary 4,305
occupation, and employment status of each recipient of 4,306
unemployment benefits under this chapter, and a statement of such 4,307
recipient's rights to further benefits under this chapter; 4,310
(R) Make such investigations, secure and transmit such 4,312
information, make available such services and facilities, and 4,313
exercise such of the other powers provided by this section with 4,314
respect to the administration of this chapter, as the 4,315
administrator deems necessary or appropriate to facilitate the 4,318
administration of the unemployment compensation law or public 4,319
employment service laws of this state and of other states and the 4,320
United States, and in like manner accept and utilize information, 4,321
services, and facilities made available to this state by the 4,322
agency charged with the administration of any such other 4,323
unemployment compensation or public employment service laws; 4,324
96
(S) Enter into or cooperate in arrangements whereby 4,326
facilities and services provided under the unemployment 4,327
compensation law of the Dominion of Canada may be utilized for 4,328
the taking of claims and the payment of benefits under the 4,329
unemployment compensation law of this state or under a similar 4,330
law of the Dominion of Canada; 4,331
(T) TRANSFER SURPLUS COMPUTERS AND COMPUTER EQUIPMENT 4,333
DIRECTLY TO A CHARTERED PUBLIC SCHOOL WITHIN THE STATE, 4,334
NOTWITHSTANDING SECTIONS 125.12 TO 125.14 OF THE REVISED CODE. 4,335
THE COMPUTERS AND COMPUTER EQUIPMENT MAY BE REPAIRED OR
REFURBISHED PRIOR TO THE TRANSFER, AND THE PUBLIC SCHOOL MAY BE 4,336
CHARGED A SERVICE FEE NOT TO EXCEED THE DIRECT COST OF REPAIR OR 4,337
REFURBISHING.
Sec. 5119.16. The department of mental health is hereby 4,346
designated to provide certain goods and services for the 4,347
department of mental health, the department of mental retardation 4,348
and developmental disabilities, the department of rehabilitation 4,349
and correction, the department of youth services, and other 4,350
state, county, or municipal agencies requesting such goods and 4,351
services when the department of mental health determines that it 4,352
is in the public interest, and considers it advisable, to provide 4,353
these goods and services. The department of mental health also 4,354
may provide goods and services to agencies operated by the United 4,355
States government and to public or private nonprofit agencies 4,356
funded in whole or in part by the state if the public or private 4,357
nonprofit agencies are designated for participation in this 4,358
program by the director of mental health for community mental 4,359
health agencies, the director of mental retardation and 4,360
developmental disabilities for community mental retardation and 4,361
developmental disabilities agencies, the director of 4,362
rehabilitation and correction for community rehabilitation and 4,363
correction agencies, or the director of youth services for 4,364
community youth services agencies. The director of aging may 4,365
designate for participation community agencies holding a contract 4,366
97
with an area agency on aging established under the "Older 4,367
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 4,368
Designated community agencies shall receive goods and services 4,369
through the department of mental health only in those cases where 4,370
the designating state agency certifies that providing such goods 4,371
and services to the agency will conserve public resources to the 4,372
benefit of the public and where the provision of such goods and 4,373
services is considered feasible by the department of mental 4,374
health. 4,375
Purchases of goods or services under this section are not 4,377
subject to section 307.86 of the Revised Code. 4,378
(A) The goods and services to be provided by the 4,380
department of mental health may include: 4,381
(1) Procurement, storage, processing, and distribution of 4,383
food and professional consultation on food operations; 4,384
(2) Procurement, storage, and distribution of medical and 4,386
laboratory supplies, dental supplies, medical records, forms, 4,387
optical supplies, and sundries, SUBJECT TO SECTION 5121.35 OF THE 4,388
REVISED CODE;
(3) Performance of medical laboratory analysis and 4,390
professional laboratory and pathologist consultation; 4,391
(4) Procurement, storage, repackaging, distribution, and 4,393
dispensing of drugs, the provision of professional pharmacy 4,394
consultation, and drug information services; 4,395
(5) Operation or leasing of farms and woodland, and 4,397
distribution or sale of products thereof; 4,398
(6) Operation of regional laundries and dry cleaning 4,400
plants, and procurement, storage, and distribution of linens; 4,401
(7)(4) Other goods and services as may be agreed to. 4,403
(B) The department of mental health shall provide the 4,405
goods and services designated in division (A) of this section to 4,406
its institutions and to state-operated community-based mental 4,407
health services. 4,408
(C) After consultation with and advice from the director 4,410
98
of mental retardation and developmental disabilities, the 4,411
director of rehabilitation and correction, and the director of 4,412
youth services, the department of mental health shall provide the 4,413
goods and services designated in division (A) of this section to 4,414
the department of mental retardation and developmental 4,415
disabilities, the department of rehabilitation and correction, 4,416
and the department of youth services. 4,417
(D) The cost of administration of this section shall be 4,419
determined by the department of mental health and paid by the 4,420
agencies receiving the goods and services to the department for 4,421
deposit in the state treasury to the credit of the mental health 4,422
fund, which is hereby created. The fund shall be used to pay the 4,423
cost of administration of this section to the department. 4,424
(E) If the goods or services designated in division (A) of 4,426
this section are not provided in a satisfactory manner by the 4,427
department of mental health, the director of mental retardation 4,428
and developmental disabilities, the director of rehabilitation 4,429
and correction, the director of youth services, or the managing 4,430
officer of a department of mental health institution shall 4,431
attempt to resolve unsatisfactory service with the director of 4,432
mental health. If, after such attempt, the provision of goods or 4,433
services continues to be unsatisfactory, the director or officer 4,434
shall notify the director of mental health. If within thirty 4,435
days of such notice the department of mental health does not 4,436
provide the specified goods and services in a satisfactory 4,437
manner, the director of mental retardation and developmental 4,438
disabilities, the director of rehabilitation and correction, the 4,439
director of youth services, or the managing officer of the 4,440
department of mental health institution shall notify the director 4,441
of mental health of his THE DIRECTOR'S OR MANAGING OFFICER'S 4,442
intent to cease purchasing goods and services from the 4,444
department. Following a sixty-day cancellation period from the 4,445
date of such notice, the department of mental retardation, 4,447
department of rehabilitation and correction, department of youth 4,448
99
services, or the department of mental health institution may 4,449
obtain the goods and services from a source other than the 4,450
department of mental health, if the department certifies to the 4,451
department of administrative services that the requirements of 4,452
this division have been met.
(F) Whenever a state agency fails to make a payment for 4,454
goods and services provided under this section within thirty-one 4,455
days after the date the payment was due, the office of budget and 4,456
management may transfer moneys from the state agency to the 4,457
department of mental health. The amount transferred shall not 4,458
exceed the amount of overdue payments. Prior to making a 4,459
transfer under this division, the office of budget and management 4,460
shall apply any credits the state agency has accumulated in 4,461
payments for goods and services provided under this section. 4,462
Sec. 5120.135. (A) AS USED IN THIS SECTION, "LABORATORY 4,465
SERVICES" INCLUDES THE PERFORMANCE OF MEDICAL LABORATORY 4,466
ANALYSIS; PROFESSIONAL LABORATORY AND PATHOLOGIST CONSULTATION; 4,467
THE PROCUREMENT, STORAGE, AND DISTRIBUTION OF LABORATORY 4,468
SUPPLIES; AND THE PERFORMANCE OF PHLEBOTOMY SERVICES. 4,469
(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,472
PROVIDE LABORATORY SERVICES TO THE DEPARTMENTS OF MENTAL HEALTH, 4,473
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH 4,474
SERVICES, AND REHABILITATION AND CORRECTION. THE DEPARTMENT OF 4,475
REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY 4,476
SERVICES TO OTHER STATE, COUNTY, OR MUNICIPAL AGENCIES AND TO 4,477
PRIVATE PERSONS THAT REQUEST LABORATORY SERVICES IF THE 4,478
DEPARTMENT OF REHABILITATION AND CORRECTION DETERMINES THAT THE 4,479
PROVISION OF LABORATORY SERVICES IS IN THE PUBLIC INTEREST AND 4,480
CONSIDERS IT ADVISABLE TO PROVIDE SUCH SERVICES. THE DEPARTMENT 4,481
OF REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY 4,482
SERVICES TO AGENCIES OPERATED BY THE UNITED STATES GOVERNMENT AND 4,484
TO PUBLIC AND PRIVATE ENTITIES FUNDED IN WHOLE OR IN PART BY THE 4,485
STATE IF THE DIRECTOR OF REHABILITATION AND CORRECTION DESIGNATES 4,486
THEM AS ELIGIBLE TO RECEIVE SUCH SERVICES. 4,487
100
THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 4,489
PROVIDE LABORATORY SERVICES FROM A LABORATORY THAT COMPLIES WITH 4,490
THE STANDARDS FOR CERTIFICATION SET BY THE UNITED STATES 4,493
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE "CLINICAL 4,496
LABORATORY IMPROVEMENT AMENDMENTS OF 1988," 102 STAT. 293, 42 4,500
U.S.C.A. 263a. IN ADDITION, THE LABORATORY SHALL MAINTAIN 4,502
ACCREDITATION OR CERTIFICATION WITH AN APPROPRIATE ACCREDITING OR 4,503
CERTIFYING ORGANIZATION AS CONSIDERED NECESSARY BY THE RECIPIENTS 4,504
OF ITS LABORATORY SERVICES AND AS AUTHORIZED BY THE DIRECTOR OF 4,505
REHABILITATION AND CORRECTION. 4,506
(C) THE COST OF ADMINISTERING THIS SECTION SHALL BE 4,509
DETERMINED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION AND 4,510
SHALL BE PAID BY ENTITIES THAT RECEIVE LABORATORY SERVICES TO THE 4,511
DEPARTMENT FOR DEPOSIT IN THE STATE TREASURY TO THE CREDIT OF THE 4,513
LABORATORY SERVICES FUND, WHICH IS HEREBY CREATED. THE FUND 4,514
SHALL BE USED TO PAY THE COSTS THE DEPARTMENT INCURS IN 4,515
ADMINISTERING THIS SECTION. 4,516
(D) IF THE DEPARTMENT OF REHABILITATION AND CORRECTION 4,519
DOES NOT PROVIDE LABORATORY SERVICES UNDER THIS SECTION IN A 4,520
SATISFACTORY MANNER TO THE DEPARTMENT OF MENTAL RETARDATION AND 4,521
DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH, THE 4,522
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, 4,523
YOUTH SERVICES, OR MENTAL HEALTH SHALL ATTEMPT TO RESOLVE THE 4,524
MATTER OF THE UNSATISFACTORY PROVISION OF SERVICES WITH THE 4,525
DIRECTOR OF REHABILITATION AND CORRECTION. IF, AFTER THIS 4,526
ATTEMPT, THE PROVISION OF LABORATORY SERVICES CONTINUES TO BE 4,527
UNSATISFACTORY, THE DIRECTOR OF MENTAL RETARDATION AND 4,528
DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH 4,529
SHALL NOTIFY THE DIRECTOR OF REHABILITATION AND CORRECTION 4,530
REGARDING THE CONTINUED UNSATISFACTORY PROVISION OF LABORATORY 4,531
SERVICES. IF, WITHIN THIRTY DAYS AFTER THE DIRECTOR RECEIVES
THIS NOTICE, THE DEPARTMENT OF REHABILITATION AND CORRECTION DOES 4,533
NOT PROVIDE THE SPECIFIED LABORATORY SERVICES IN A SATISFACTORY 4,534
MANNER, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL 4,535
101
DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL NOTIFY THE 4,536
DIRECTOR OF REHABILITATION AND CORRECTION OF THE NOTIFYING 4,537
DIRECTOR'S INTENT TO CEASE OBTAINING LABORATORY SERVICES FROM THE 4,538
DEPARTMENT OF REHABILITATION AND CORRECTION. FOLLOWING THE END 4,539
OF A CANCELLATION PERIOD OF SIXTY DAYS THAT BEGINS ON THE DATE OF 4,540
THE NOTICE, THE DEPARTMENT THAT SENT THE NOTICE MAY OBTAIN
LABORATORY SERVICES FROM A PROVIDER OTHER THAN THE DEPARTMENT OF 4,542
REHABILITATION AND CORRECTION, IF THE DEPARTMENT THAT SENT THE 4,543
NOTICE CERTIFIES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES 4,544
THAT THE REQUIREMENTS OF THIS DIVISION HAVE BEEN MET. 4,545
(E) WHENEVER A STATE AGENCY FAILS TO MAKE A PAYMENT FOR 4,548
LABORATORY SERVICES PROVIDED TO IT BY THE DEPARTMENT OF 4,549
REHABILITATION AND CORRECTION UNDER THIS SECTION WITHIN 4,550
THIRTY-ONE DAYS AFTER THE DATE THE PAYMENT WAS DUE, THE OFFICE OF 4,551
BUDGET AND MANAGEMENT MAY TRANSFER MONEYS FROM THAT STATE AGENCY 4,552
TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR DEPOSIT TO 4,553
THE CREDIT OF THE LABORATORY SERVICES FUND. THE AMOUNT 4,554
TRANSFERRED SHALL NOT EXCEED THE AMOUNT OF THE OVERDUE PAYMENTS. 4,555
PRIOR TO MAKING A TRANSFER UNDER THIS DIVISION, THE OFFICE SHALL 4,556
APPLY ANY CREDITS THE STATE AGENCY HAS ACCUMULATED IN PAYMENT FOR 4,557
LABORATORY SERVICES PROVIDED UNDER THIS SECTION. 4,558
Sec. 5739.024. (A)(1) A board of county commissioners may 4,567
by resolution adopted by a majority of the members of the board, 4,568
levy an excise tax not to exceed three per cent on transactions 4,569
by which lodging by a hotel is or is to be furnished to transient 4,570
guests. The board shall establish all regulations necessary to 4,571
provide for the administration and allocation of the tax. Except 4,573
as otherwise provided in division (A)(2) AND (3) of this section, 4,574
the regulations shall provide, after deducting the real and 4,575
actual costs of administering the tax, for the return to each 4,576
municipal corporation or township that does not levy an excise 4,577
tax on such transactions, a uniform percentage of the tax 4,578
collected in the municipal corporation or in the unincorporated 4,579
portion of the township from each such transaction, not to exceed 4,580
102
thirty-three and one-third per cent. The remainder of the 4,581
revenue arising from the tax shall be deposited in a separate 4,582
fund and shall be spent solely to make contributions to the 4,583
convention and visitors' bureau operating within the county, 4,584
including a pledge and contribution of any portion of such 4,585
remainder pursuant to an agreement authorized by section 307.695 4,586
of the Revised Code. Except as otherwise provided under division 4,587
(A)(2) OR (3) of this section, on and after May 10, 1994, a board 4,589
of county commissioners may not levy an excise tax pursuant to 4,590
this division in any municipal corporation or township located 4,591
wholly or partly within the county that has in effect an 4,592
ordinance or resolution levying an excise tax pursuant to 4,593
division (B) of this section. The board of a county that has 4,594
levied a tax under division (C) of this section may, by 4,595
resolution adopted within ninety days after July 15, 1985, by a 4,596
majority of the members of the board, amend the resolution 4,597
levying a tax under this division to provide for a portion of 4,598
that tax to be pledged and contributed in accordance with an 4,599
agreement entered under section 307.695 of the Revised Code. A 4,600
tax, any revenue from which is pledged pursuant to such an 4,601
agreement, shall remain in effect at the rate at which it is 4,602
imposed for the duration of the period for which the revenue 4,603
therefrom has been so pledged.
(2) A board of county commissioners that levies an excise 4,605
tax under division (A)(1) of this section on the effective date 4,606
of this amendment JUNE 30, 1997, at a rate of three per cent, and 4,608
that has pledged revenue from the tax to an agreement entered 4,609
into under section 307.695 of the Revised Code, may amend the 4,610
resolution levying that tax to provide for an increase in the 4,611
rate of the tax up to five per cent on each transaction; to 4,612
provide that revenue from the increase in the rate shall be spent 4,613
solely to make contributions to the convention and visitors'
bureau operating within the county to be used specifically for 4,614
promotion, advertising, and marketing of the region in which the 4,615
103
county is located; to provide that the rate in excess of the 4,616
three per cent levied under division (A)(1) of this section shall 4,617
remain in effect at the rate at which it is imposed for the 4,618
duration of the period during which any agreement is in effect 4,619
that was entered into under section 307.695 of the Revised Code
by the board of county commissioners levying a tax under division 4,620
(A)(1) of this section; and to provide that no portion of that 4,621
revenue need be returned to townships or municipal corporations 4,622
as would otherwise be required under division (A)(1) of this 4,623
section.
(3) A BOARD OF COUNTY COMMISSIONERS THAT LEVIES A TAX 4,625
UNDER DIVISION (A)(1) OF THIS SECTION ON THE EFFECTIVE DATE OF 4,626
THIS AMENDMENT AT A RATE OF THREE PER CENT MAY, BY RESOLUTION 4,627
ADOPTED NOT LATER THAN FORTY-FIVE DAYS AFTER THAT EFFECTIVE DATE, 4,628
AMEND THE RESOLUTION LEVYING THE TAX TO PROVIDE FOR ALL OF THE 4,629
FOLLOWING:
(a) THAT THE RATE OF THE TAX SHALL BE INCREASED BY NOT 4,631
MORE THAN AN ADDITIONAL FOUR PER CENT ON EACH TRANSACTION; 4,632
(b) THAT ALL OF THE REVENUE FROM THE INCREASE IN RATE 4,634
SHALL BE PLEDGED AND CONTRIBUTED TO A CONVENTION FACILITIES 4,635
AUTHORITY ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS UNDER 4,636
CHAPTER 351. OF THE REVISED CODE ON OR BEFORE NOVEMBER 15, 1998, 4,637
AND USED TO PAY COSTS OF CONSTRUCTING, MAINTAINING, OPERATING, 4,639
AND PROMOTING A FACILITY IN THE COUNTY, INCLUDING PAYING BONDS, 4,640
OR NOTES ISSUED IN ANTICIPATION OF BONDS, AS PROVIDED BY THAT
CHAPTER; 4,641
(c) THAT NO PORTION OF THE REVENUE ARISING FROM THE 4,643
INCREASE IN RATE NEED BE RETURNED TO MUNICIPAL CORPORATIONS OR 4,644
TOWNSHIPS AS OTHERWISE REQUIRED UNDER DIVISION (A)(1) OF THIS 4,645
SECTION;
(d) THAT THE INCREASE IN RATE SHALL NOT BE SUBJECT TO 4,647
DIMINUTION BY INITIATIVE OR REFERENDUM OR BY LAW WHILE ANY BONDS, 4,648
OR NOTES IN ANTICIPATION OF BONDS, ISSUED BY THE AUTHORITY UNDER 4,649
CHAPTER 351. OF THE REVISED CODE TO WHICH THE REVENUE IS PLEDGED 4,650
104
REMAIN OUTSTANDING IN ACCORDANCE WITH THEIR TERMS, UNLESS 4,651
PROVISION IS MADE BY LAW OR BY THE BOARD OF COUNTY COMMISSIONERS 4,652
FOR AN ADEQUATE SUBSTITUTE THEREFOR THAT IS SATISFACTORY TO THE 4,653
TRUSTEE IF A TRUST AGREEMENT SECURES THE BONDS.
DIVISION (A)(3) OF THIS SECTION DOES NOT APPLY TO THE BOARD 4,656
OF COUNTY COMMISSIONERS OF ANY COUNTY IN WHICH A CONVENTION 4,657
CENTER OR FACILITY EXISTS OR IS BEING CONSTRUCTED ON NOVEMBER 15, 4,659
1998, OR OF ANY COUNTY IN WHICH A CONVENTION FACILITIES AUTHORITY 4,660
LEVIES A TAX PURSUANT TO SECTION 351.021 OF THE REVISED CODE ON 4,661
THAT DATE.
AS USED IN DIVISION (A)(3) OF THIS SECTION, "COSTS" AND 4,663
"FACILITY" HAVE THE SAME MEANINGS AS IN SECTION 351.01 OF THE 4,664
REVISED CODE, AND "CONVENTION CENTER" HAS THE SAME MEANING AS IN 4,665
SECTION 307.695 OF THE REVISED CODE. 4,666
(B) The legislative authority of a municipal corporation 4,668
or the board of trustees of a township that is not wholly or 4,669
partly located in a county that has in effect a resolution 4,670
levying an excise tax pursuant to division (A)(1) of this section 4,671
may by ordinance or resolution levy an excise tax not to exceed 4,672
three per cent on transactions by which lodging by a hotel is or 4,673
is to be furnished to transient guests. The legislative 4,674
authority of the municipal corporation or township shall deposit 4,675
at least fifty per cent of the revenue from the tax levied 4,676
pursuant to this division into a separate fund, which shall be 4,677
spent solely to make contributions to convention and visitors' 4,678
bureaus operating within the county in which the municipal 4,679
corporation or township is wholly or partly located, and the 4,680
balance of such revenue shall be deposited in the general fund. 4,681
The municipal corporation or township shall establish all 4,682
regulations necessary to provide for the administration and 4,683
allocation of the tax. The levy of a tax under this division is 4,684
in addition to any tax imposed on the same transaction by a 4,685
municipal corporation or a township as authorized by division 4,686
(C)(1) of section 5739.02 of the Revised Code. 4,687
105
(C) For the purpose of making the payments authorized by 4,689
section 307.695 of the Revised Code to construct and equip a 4,690
convention center in the county and to cover the costs of 4,691
administering the tax, a board of county commissioners of a 4,692
county where a tax imposed under division (A)(1) of this section 4,693
is in effect may, by resolution adopted within ninety days after 4,694
July 15, 1985, by a majority of the members of the board, levy an 4,696
additional excise tax not to exceed three per cent on 4,697
transactions by which lodging by a hotel is or is to be furnished 4,698
to transient guests. The tax authorized by this division shall 4,699
be in addition to any tax that is levied pursuant to division (A) 4,700
of this section, but it shall not apply to transactions subject 4,701
to a tax levied by a municipal corporation or township pursuant 4,702
to the authorization granted by division (C)(1) of section 4,703
5739.02 of the Revised Code. The board shall establish all 4,704
regulations necessary to provide for the administration and 4,705
allocation of the tax. All revenues arising from the tax shall 4,706
be expended in accordance with section 307.695 of the Revised 4,707
Code. A tax imposed under this section shall remain in effect at 4,708
the rate at which it is imposed for the duration of the period 4,709
for which the revenue therefrom has been pledged pursuant to such 4,710
section.
(D) For the purpose of providing contributions under 4,712
division (B)(1) of section 307.671 of the Revised Code to enable 4,713
the acquisition, construction, and equipping of a port authority 4,714
educational and cultural facility in the county and, to the 4,715
extent provided for in the cooperative agreement authorized by 4,716
that section, for the purpose of paying debt service charges on 4,717
bonds, or notes in anticipation thereof, described in division 4,718
(B)(1)(b) of that section, a board of county commissioners, by 4,719
resolution adopted within ninety days after December 22, 1992, by 4,721
a majority of the members of the board, may levy an additional 4,722
excise tax not to exceed one and one-half per cent on 4,723
transactions by which lodging by a hotel is or is to be furnished 4,724
106
to transient guests. The excise tax authorized by this division 4,725
shall be in addition to any tax that is levied pursuant to 4,726
divisions (A), (B), and (C) of this section, to any excise tax
levied pursuant to division (C) of section 5739.02 of the Revised 4,727
Code, and to any excise tax levied pursuant to section 351.021 of 4,728
the Revised Code. The board of county commissioners shall 4,729
establish all regulations necessary to provide for the 4,730
administration and allocation of the tax that are not 4,731
inconsistent with this section or section 307.671 of the Revised 4,732
Code. All revenues arising from the tax shall be expended in 4,733
accordance with section 307.671 of the Revised Code and division 4,734
(D) of this section. The levy of a tax imposed under this 4,735
section may not commence prior to the first day of the month next 4,736
following the execution of the cooperative agreement authorized 4,737
by section 307.671 of the Revised Code by all parties to that 4,738
agreement. Such tax shall remain in effect at the rate at which 4,739
it is imposed for the period of time described in division (C) of 4,740
section 307.671 of the Revised Code for which the revenue from 4,741
the tax has been pledged by the county to the corporation 4,742
pursuant to such section, but, to any extent provided for in the 4,743
cooperative agreement, for no lesser period than the period of 4,744
time required for payment of the debt service charges on bonds, 4,745
or notes in anticipation thereof, described in division (B)(1)(b) 4,746
of that section. 4,747
(E) For the purpose of paying the costs of acquiring, 4,749
constructing, equipping, and improving a municipal educational 4,750
and cultural facility, including debt service charges on bonds 4,751
provided for in division (B) of section 307.672 of the Revised 4,752
Code, and for such additional purposes as are determined by the 4,753
county in the resolution levying the tax or amendments thereto, 4,754
the legislative authority of a county, by resolution adopted 4,755
within ninety days after June 30, 1993, by a majority of the 4,756
members of the legislative authority, may levy an additional 4,757
excise tax not to exceed one and one-half per cent on 4,758
107
transactions by which lodging by a hotel is or is to be furnished 4,759
to transient guests. The excise tax authorized by this division 4,760
shall be in addition to any tax that is levied pursuant to 4,761
divisions (A), (B), (C), and (D) of this section, to any excise 4,762
tax levied pursuant to division (C) of section 5739.02 of the 4,763
Revised Code, and to any excise tax levied pursuant to section 4,764
351.021 of the Revised Code. The legislative authority of the 4,765
county shall establish all regulations necessary to provide for 4,766
the administration and allocation of the tax. All revenues 4,767
arising from the tax shall be expended in accordance with section 4,768
307.672 of the Revised Code and division (E) of this section. 4,769
The levy of a tax imposed under this division shall not commence 4,770
prior to the first day of the month next following the execution 4,771
of the cooperative agreement authorized by section 307.672 of the 4,772
Revised Code by all parties to that agreement. Such tax shall 4,773
remain in effect at the rate at which it is imposed for the 4,774
period of time determined by the legislative authority of the 4,775
county, but not to exceed fifteen years.
Section 2. That existing sections 111.15, 119.01, 123.15, 4,778
125.023, 125.101, 125.22, 125.81, 126.03, 127.14, 127.16, 133.04, 4,779
133.06, 153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 153.09, 4,780
153.10, 153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 153.50, 4,781
153.571, 153.62, 351.01, 351.03, 351.141, 3304.16, 3315.01, 4,783
3316.03, 3317.0212, 3317.03, 3318.03, 3318.04, 3318.12, 3318.15, 4,784
3318.25, 3345.50, 3379.10, 4141.13, 5119.16, and 5739.024 and 4,785
section 3345.51 of the Revised Code are hereby repealed. 4,786
Section 3. All items set forth in Sections 3.01 to 3.06 of 4,788
this act are hereby appropriated out of any moneys in the General 4,789
Revenue Fund (GRF) that are not otherwise appropriated. 4,790
Appropriations 4,792
Section 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 4,794
CAP-785 Rural Areas Historical Projects $ 440,000 4,797
CAP-786 Rural Areas Community Improvements $ 5,315,000 4,799
CAP-817 Urban Areas Community Improvements $ 12,508,150 4,801
108
CAP-818 Community Theatre Renovations $ 400,000 4,803
Total Department of Administrative Services $ 18,663,150 4,805
Rural Areas Historical Projects 4,808
Of the foregoing appropriation item CAP-785, Rural Areas 4,810
Historical Projects, $100,000 shall be used for Hancock County 4,811
Historical Society Facility Improvements; $40,000 shall be used 4,812
for Harveysburg Community Historic Society; $50,000 shall be used 4,814
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 4,815
Historic Site Improvements; and $50,000 shall be used for Elmore 4,816
Historical Society. 4,817
Rural Areas Community Improvements 4,819
Of the foregoing appropriation item CAP-786, Rural Areas 4,821
Community Improvements, $100,000 shall be used for Hocking Valley 4,823
Railroad Improvements; $50,000 shall be used for Belmont County 4,824
Park District - Convention Center; $70,000 shall be used for 4,825
Aberdeen Huntington Community Center; $100,000 shall be used for 4,826
Chisholm Historic Farmstead Restoration; $100,000 shall be used 4,827
for Clinton County Senior Center; $150,000 shall be used for 4,828
Coshocton Infrastructure Improvements; $200,000 shall be used for 4,829
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 4,830
for Warsaw Community Improvements; $100,000 shall be used for 4,831
Washington Court House Downtown Redevelopment; $80,000 shall be 4,832
used for Gallia County Industrial Park Improvements; $150,000 4,833
shall be used for Desmond Hall Industrial Park; $100,000 shall be 4,834
used for Kenton Armory Improvements; $250,000 shall be used for 4,835
Sinking Springs Infrastructure Improvements; $20,000 shall be 4,836
used for Laurelville Community Improvements; $16,000 shall be 4,837
used for Gibisonville Community Recreation Center Improvements; 4,838
$150,000 shall be used for Holmes County Historic Building 4,839
Improvements; $500,000 shall be used for Davis-Shai House 4,840
Historical Site; $100,000 shall be used for Maritime Museum in 4,841
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 4,842
Restoration; $90,000 shall be used for Big Island Nature Center 4,843
109
Improvements; $300,000 shall be used for Medina County Arts 4,844
Center Improvements; $142,000 shall be used for Graysville 4,845
Community Center; $49,000 shall be used for Roseville Community 4,846
Center Improvements; $100,000 shall be used for South Zanesville 4,847
Community Improvements; $20,000 shall be used for Corning 4,848
Community Center; $50,000 shall be used for Waverly Community 4,849
Improvements; $20,000 shall be used for Garrettsville Veterans 4,850
Memorial; $6,000 shall be used for Palmyra Township Veterans 4,851
Memorial; $100,000 shall be used for Deerfield Township Hall 4,852
Civic Improvements; $35,000 shall be used for Preble County 4,853
Coliseum Planning; $300,000 shall be used for Richland Academy of 4,855
Arts and Sciences Discovery Center; $50,000 shall be used for 4,856
Village of Pleasant Plain Community Improvements; $48,000 shall 4,857
be used for Village of South Lebanon Infrastructure Improvements; 4,859
$41,000 shall be used for Rehabilitate Senior Housing - 4,860
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 4,861
Belpre; $100,000 shall be used for New Matamoras Senior Center; 4,862
$25,000 shall be used for West Salem Town Hall Improvements; 4,863
$40,000 shall be used for Pemberville Opera House Restoration; 4,864
$40,000 shall be used for Grand Rapids Village Hall Restoration; 4,865
$500,000 shall be used for Liberty Commons Infrastructure Project 4,866
- Lima; $50,000 shall be used for Village of Morrow 4,867
Infrastructure Improvements; $100,000 shall be used for Fairfield 4,868
City Cultural Center; $63,000 shall be used for Sunbury Town 4,869
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 4,870
used for Ft. Steuben Land Office; $100,000 shall be used for 4,871
Columbiana County Port Authority; $25,000 shall be used for Noble 4,872
County Senior Center; $25,000 shall be used for Crawford County 4,873
Council on Aging; and $300,000 shall be used for Zahn's Corner 4,875
Industrial Park.
Urban Areas Community Improvements 4,877
Of the foregoing appropriation item CAP-817, Urban Areas 4,879
Community Improvements, $200,000 shall be used for Clermont 4,880
110
County Communications Center; $50,000 shall be used for The Civic 4,882
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 4,883
Planning; $25,000 shall be used for Friendly Center Renovations; 4,884
$5,000 shall be used for Toledo Golden Gloves - Equipment; 4,885
$50,000 shall be used for Sylvania Historical Society Building 4,886
Improvements; $50,000 shall be used for Toledo International 4,887
Youth Hostel Renovations; $100,000 shall be used for Fellows 4,888
Gardens - Mill Creek Park Improvements; $100,000 shall be used 4,889
for Weathervane Playhouse Addition; $100,000 shall be used for 4,890
Akron/Summit Community Action Agency Facility Improvements; 4,891
$136,000 shall be used for Akron Community Health Resources Inc. 4,892
Facility Improvements; $75,000 shall be used for Farmington 4,893
Senior Center Improvements; $85,000 shall be used for President 4,894
McKinley Home Site improvements; $187,150 shall be used for 4,895
Shaker Historical Museum; $400,000 shall be used for Solon 4,896
Community Arts Center; $25,000 shall be used for Orange Senior 4,897
Center; $900,000 shall be used for StarlightGateway Collaborative 4,899
Project; $75,000 shall be used for Cincinnati Jewish Community 4,900
Center; $1,000,000 shall be used for Lincoln Heights Health 4,901
Center Improvements; $500,000 shall be used for Cook's Castle 4,902
Renovation; $40,000 shall be used for Toledo Jewish Community 4,903
Center; $100,000 shall be used for Youngstown Jewish Community 4,904
Center; $1,500,000 shall be used for Youngstown Parking Facility; 4,905
$150,000 shall be used for Canton Jewish Community Center; 4,906
$2,000,000 shall be used for Wilderness Center Facility 4,907
Improvements; $100,000 shall be used for Project AHEAD Facility 4,908
Improvements; $50,000 shall be used for Sagamore Hills Historical 4,909
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 4,910
Gardens; $250,000 shall be used for NEC World Series of Golf 4,911
Media Facility; $50,000 shall be used for Richfield Historic 4,912
District Improvements; $100,000 shall be used for Ohio Erie 4,913
Heritage Corridor Improvements; $150,000 shall be used for Hale 4,914
Farm Improvements; $1,750,000 shall be used for Wood County 4,915
111
Historic Building Renovation; $500,000 shall be used for 4,916
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall; $50,000 shall be used for City of 4,917
University Heights Community Senior Center; $75,000 shall be used 4,918
for the J. Frank-Troy Senior Citizens Center; $50,000 shall be 4,919
used for the Cleveland Health Museum; $50,000 shall be used for 4,920
the City of Euclid Land Purchase; $25,000 shall be use for the
Mahoning River Corridor of Opportunity Industrial Park; $25,000 4,921
shall be used for University Heights Senior Citizen Center Public 4,922
Library; $50,000 shall be used for Columbus Fire Museum; $50,000 4,923
shall be used for League Park Tourist Museum; $100,000 shall be 4,924
used for Mustill Store Exhibits in Cascade Valley Park; and 4,925
$30,000 shall be used for Warren Airport Runway Improvements. 4,926
Community Theatre Renovations 4,928
Of the foregoing appropriation item CAP-818, Community 4,930
Theatre Renovations, $100,000 shall be used for Cleveland Public 4,931
Theatre Improvements - Gordon Square; $125,000 shall be used for 4,932
Ariel Theatre Renovation; $125,000 shall be used for Markay 4,933
Theatre Renovations; and $50,000 shall be used for Lorain Palace 4,934
Theatre Improvements. 4,935
Section 3.02. AGR DEPARTMENT OF AGRICULTURE 4,937
CAP-040 County Fairgrounds Capital 4,939
Improvements $ 5,000,000 4,940
Total Department of Agriculture $ 5,000,000 4,942
County Fairgrounds Capital Improvements 4,945
The foregoing appropriation item CAP-040, County 4,947
Fairgrounds Capital Improvements, shall be used to provide 4,948
matching grants to Agricultural Societies for fairgrounds capital 4,949
improvements pursuant to rules promulgated by the Ohio Department 4,950
of Agriculture. The rules shall include, but not be limited to, 4,951
specifications of eligibility and award criteria, specifications
for grant agreements, and procedures for administration of the 4,952
program. Each society receiving a grant from this appropriation 4,953
shall contribute an equal amount of non-state funds toward the 4,954
112
capital improvements for which state funds are provided. No 4,955
society shall receive more than $100,000.
Section 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 4,957
CAP-047 Cincinnati Classical Music Hall of 4,960
Fame $ 300,000 4,961
CAP-050 Columbus Art Museum Facility Planning $ 250,000 4,963
CAP-053 Powers Auditorium Improvements $ 250,000 4,965
CAP-054 Dayton Performing Arts Center - 4,966
Planning and Phase I $ 250,000 4,967
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 4,969
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 4,971
CAP-062 Akron Art Museum - Planning $ 100,000 4,973
Total Arts And Sports Facilities Commission $ 1,825,000 4,975
Section 3.04. OHS OHIO HISTORICAL SOCIETY 4,978
CAP-745 Emergency Renovations of Historic 4,980
Sites and Museums $ 500,000 4,981
Total Ohio Historical Society $ 500,000 4,983
Section 3.05. DNR DEPARTMENT OF NATURAL RESOURCES 4,985
CAP-876 Statewide Trails Programs $ 390,000 4,989
CAP-942 Local Parks Projects $ 115,000 4,991
CAP-XXX Pioneer Farm Renovation Planning $ 15,000 4,993
Total Department of Natural Resources $ 520,000 4,995
Statewide Trails Programs 4,998
Of the foregoing appropriation item CAP-876, Statewide 5,000
Trails Programs, $40,000 shall be used for New Richmond Bike 5,001
Trail Study; $100,000 shall be used for Bike Path Coshocton City; 5,002
and $250,000 shall be used for Bike Trail - Ohio to Erie. 5,003
Section 3.06. DOT DEPARTMENT OF TRANSPORTATION 5,005
CAP-004 County Airport Improvements $ 400,000 5,008
CAP-006 Youngstown-Warren Regional Airport 5,009
Intermodal Facility Development $ 2,200,000 5,011
CAP-008 Rickenbacker Airport Runway 5,012
Improvements $ 3,000,000 5,013
Total Department of Transportation $ 5,600,000 5,015
113
County Airport Improvements 5,018
Of the foregoing appropriation item CAP-004, County Airport 5,020
Improvements, $300,000 shall be used for Ashtabula County Airport 5,021
Improvements and $100,000 shall be used for Clermont County 5,022
Airport Improvements.
Total General Revenue Fund $ 32,108,150 5,024
Section 4. No expenditures shall be made from any of the 5,027
items appropriated from the General Revenue Fund in Sections 3.01 5,028
to 3.06 of this act until the appropriations are released by the 5,029
Controlling Board. Each request for release of appropriations by 5,030
the Controlling Board shall have attached the certification of 5,031
the Director of Budget and Management that sufficient General 5,032
Revenue Fund moneys will be available to fund the anticipated 5,033
expenditures associated with the request.
Section 5. All items set forth in this section are hereby 5,035
appropriated out of any moneys in the state treasury to the 5,036
credit of the Wildlife Fund (Fund 015), which are not otherwise 5,037
appropriated. 5,038
Appropriations 5,040
5,042
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 Land Acquisition $ 2,400,000 5,045
CAP-703 Cap Abandoned Water Wells $ 50,000 5,047
CAP-994 Wildlife Shooting Ranges 5,048
Maintenance/Development $ 320,000 5,049
Total Department of Natural Resources $ 2,770,000 5,051
Total Wildlife Fund $ 2,770,000 5,053
Section 6. The items set forth in this section are hereby 5,056
appropriated out of any moneys in the state treasury to the 5,058
credit of the Public School Building Fund (Fund 021), which are 5,059
not otherwise appropriated. Appropriations 5,060
5,061
SFC SCHOOL FACILITIES COMMISSION
CAP-622 Public School Buildings $ 145,000,000 5,064
114
CAP-777 Disability Access Projects $ 5,000,000 5,066
Total School Facilities Commission $ 150,000,000 5,068
Total Public School Building Fund $ 150,000,000 5,070
Section 7. The items set forth in this section are hereby 5,073
appropriated out of any moneys in the state treasury to the 5,074
credit of the Highway Safety Fund (Fund 036), which are not 5,075
otherwise appropriated.
Appropriations 5,077
5,078
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-045 Platform Scales Improvements $ 290,000 5,081
CAP-059 Patrol Post ADA Compliance $ 250,000 5,083
CAP-061 Alum Creek Warehouse Roof Replacement $ 1,000,000 5,085
CAP-062 Construct Dayton/Easton Post Complex $ 2,000,000 5,087
CAP-063 HVAC Improvements at the Academy $ 500,000 5,089
CAP-064 Cambridge Radio Shop Renovations $ 500,000 5,091
CAP-065 Replace Windows at the Academy $ 400,000 5,093
CAP-066 District 1/Findlay Post Renovations $ 850,000 5,095
Total Department of Public Safety $ 5,790,000 5,097
Total Highway Safety Fund $ 5,790,000 5,099
Section 8. All items set forth in this section are hereby 5,102
appropriated out of any moneys in the state treasury to the 5,103
credit of the Waterways Safety Fund (Fund 086), which are not 5,104
otherwise appropriated. 5,105
Appropriations 5,107
5,108
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-324 Cooperative Funding for Boating 5,110
Facilities $ 2,000,000 5,111
CAP-934 Operations Facilities Development $ 250,000 5,113
Total Department of Natural Resources $ 2,250,000 5,115
Total Waterways Safety Fund $ 2,250,000 5,117
Section 9. All items set forth in this section are hereby 5,120
appropriated out of any moneys in the state treasury to the 5,121
115
credit of the Underground Parking Garage Operating Fund (Fund 5,122
208), which are not otherwise appropriated.
Appropriations 5,123
5,124
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-007 Garage Elevator Upgrades $ 250,000 5,127
CAP-008 Install Garage Oil Interceptor System $ 60,000 5,129
Total Capitol Square Review and Advisory Board $ 310,000 5,131
Total Underground Parking Garage Operating Fund $ 310,000 5,133
Section 10. All items set forth in this section are hereby 5,136
appropriated out of any moneys in the state treasury to the 5,137
credit of the Special Administrative Fund (Fund 4A9), which are 5,138
not otherwise appropriated. 5,140
BES BUREAU OF EMPLOYMENT SERVICES 5,140
CAP-026 Various Renovations - Central Office $ 495,335 5,143
CAP-027 Various Renovations - Local Offices $ 911,047 5,145
CAP-031 One Stop Employment Training Centers $ 400,000 5,147
Total Bureau of Employment Services $ 1,806,382 5,149
Total Special Administrative Fund $ 1,806,382 5,151
Section 11. The items set forth in this section are hereby 5,154
appropriated out of any moneys in the state treasury to the 5,155
credit of the Veterans' Home Improvement Fund (Fund 604), which 5,156
are not otherwise appropriated. 5,157
Appropriations 5,159
5,160
OVH OHIO VETERANS' HOME
CAP-737 Elevator Renovations $ 322,350 5,163
CAP-750 Griffin Bathroom Renovations $ 62,000 5,165
CAP-751 Replace Nursing Home Furniture $ 235,000 5,167
CAP-752 Secrest Window Coverings $ 150,000 5,169
CAP-753 Seal Roads and New Parking Lots $ 223,500 5,171
CAP-754 Replace Domiciliary Carpeting $ 70,000 5,173
CAP-755 Secrest Security System Improvements $ 65,000 5,175
CAP-756 Renovate Commandant's House $ 199,400 5,177
116
Total Ohio Veterans' Home $ 1,327,250 5,179
Total Veterans' Home Improvement Fund $ 1,327,250 5,181
Section 12. All items set forth in this section are hereby 5,184
appropriated out of any money in the state treasury to the credit 5,185
of the Sports Facilities Building Fund (Fund 024), which is 5,186
hereby created. Revenues to the Sports Facilities Building Fund 5,187
shall consist of proceeds of obligations authorized to pay costs 5,188
of the following capital improvements:
Appropriations 5,190
5,192
AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION
CAP-025 Sports Facilities Improvements - 5,194
Cincinnati $ 22,000,000 5,195
CAP-026 Sports Facilities Improvements - 5,196
Cleveland $ 21,790,605 5,197
Total Ohio Arts and Sports Facilities 5,198
Commission $ 43,790,605 5,200
Total Sports Facilities Building Fund $ 43,790,605 5,202
Section 13. The Ohio Building Authority is hereby 5,205
authorized to issue and sell, in accordance with the provisions 5,206
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,207
152. and other applicable sections of the Revised Code, original 5,208
obligations in an aggregate principal amount not to exceed
$43,800,000, in addition to the original issuance of obligations 5,210
heretofore authorized by prior acts of the General Assembly, to 5,211
pay the costs of capital facilities, as defined in division (J) 5,213
of section 3383.01 of the Revised Code as Ohio sports facilities,
and designated in Section 12 of this act, the owners or holders 5,214
of which shall have no right to have excises or taxes levied by 5,215
the General Assembly for the payment of principal or interest 5,216
thereon.
Section 14. The foregoing capital improvements for which 5,218
appropriations are made in Section 12 of this act are determined 5,219
to be capital improvements for the housing of branches and 5,220
117
agencies of state government and their functions, including, 5,221
without limitation, serving purposes of public recreation and of
economic development, including creating or preserving jobs and 5,222
employment opportunities and improving the economic welfare of 5,223
the people of the state, and shall be designated as the capital 5,224
facilities to which proceeds of obligations in the Sports 5,225
Facilities Building Fund are to be applied.
Section 15. All items set forth in Sections 15.01 to 15.13 5,227
of this act are hereby appropriated out of any moneys in the 5,229
state treasury to the credit of the Administrative Building Fund 5,230
(Fund 026). Revenues to the Administrative Building Fund shall
consist of proceeds of obligations authorized to pay the costs of 5,231
capital facilities, as defined in section 152.09 of the Revised 5,232
Code, for the following capital improvements: 5,233
Appropriations 5,235
Section 15.01. ADJ ADJUTANT GENERAL 5,237
CAP-036 Roof Replacement - Various Facilities $ 434,350 5,240
CAP-038 Electrical System - Various Facilities $ 635,072 5,242
CAP-039 Camp Perry Facility Improvements $ 3,000,000 5,244
CAP-044 Replace Windows/Doors - Various 5,245
Facilities $ 381,395 5,246
CAP-045 Plumbing Renovations - Various 5,247
Facilities $ 309,400 5,248
CAP-046 Paving Renovations - Various 5,249
Facilities $ 285,600 5,250
CAP-050 HVAC Systems - Various Facilities $ 339,150 5,252
CAP-052 Cincinnati Shadybrook Armory $ 1,748,705 5,254
CAP-055 Hillsboro Armory Renovations $ 478,974 5,256
Total Adjutant General $ 7,612,646 5,258
Section 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 5,261
CAP-809 Hazardous Substance Abatement in State 5,263
Facilities $ 2,000,000 5,265
CAP-811 Health/EPA Laboratory Facilities $ 5,700,000 5,267
CAP-826 Office Services Building Renovation $ 500,000 5,269
118
CAP-827 Statewide Communications System $ 37,000,000 5,271
CAP-835 Energy Conservation Projects $ 2,000,000 5,273
CAP-850 Renovation of Old ODOT Building $ 6,560,000 5,275
CAP-851 Purchase N. High/Chestnut Buildings $ 12,000,000 5,277
CAP-852 Renovate N. High/Chestnut Buildings $ 1,000,000 5,279
Total Department of Administrative Services $ 66,760,000 5,281
Hazardous Substance Abatement in State Facilities 5,284
The foregoing appropriation item CAP-809, Hazardous 5,286
Substance Abatement in State Facilities, shall be used to fund 5,287
the removal of asbestos, PCB, radon gas, and other contamination 5,288
hazards from state facilities.
Prior to the release of appropriations for asbestos 5,290
abatement, the Department of Administrative Services shall review 5,291
proposals from state agencies to use these appropriations based 5,292
on criteria developed by the Department of Administrative 5,293
Services. Upon a determination by the Department of 5,294
Administrative Services that the requesting agency cannot fund 5,295
the asbestos abatement project and/or other toxic materials 5,296
removal through existing capital and operating appropriations, 5,297
the department may request the release of appropriations for such 5,298
projects by the Controlling Board. State agencies intending to 5,299
fund asbestos abatement and/or other toxic materials removal 5,300
through existing capital and operating appropriations shall 5,301
notify the Director of Administrative Services of the nature and 5,302
scope prior to commencing the project.
Only agencies that have received appropriations for capital 5,304
projects from the Administrative Building Fund (Fund 026) are 5,305
eligible to receive funding from this item. Public school 5,306
districts are not eligible for funding from this item. 5,307
Implementation of Americans with Disabilities Act 5,309
As a result of the transfer made in Section 15.05 of this 5,311
act, an appropriation shall be created for appropriation item 5,312
CAP-822, Implementation of Americans with Disabilities Act, in 5,314
the Department of Administrative Services. Appropriations in 5,315
119
CAP-822 shall be used to renovate state-owned facilities to
provide access for physically disabled persons in accordance with 5,316
Title II of the Americans with Disabilities Act. 5,317
Prior to the release of appropriations for such 5,319
renovations, state agencies shall perform self-evaluations of 5,321
state-owned facilities identifying barriers to access to service. 5,322
State agencies shall prioritize access barriers and develop a
transition plan for the removal of these barriers. The 5,323
Department of Administrative Services shall review proposals from 5,324
state agencies to use these appropriations for Americans with 5,325
Disabilities Act renovations.
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
MARCS Steering Committee and Statewide Communications 5,332
System
There is hereby continued a Multi-Agency Radio 5,334
Communications System Steering Committee consisting of the 5,335
designees of the Directors of Administrative Services, Public 5,336
Safety, Natural Resources, Transportation, Rehabilitation and
Correction, and Budget and Management. The Director of 5,337
Administrative Services or the director's designee shall chair 5,338
the committee. The committee shall provide assistance to the 5,339
Director of Administrative Services for effective and efficient 5,340
implementation of the MARCS system as well as develop policies 5,341
for the ongoing management of the system. Upon dates prescribed
by the Directors of Administrative Services and Budget and 5,342
Management, the MARCS Steering Committee shall report to the 5,343
directors as to the progress of MARCS implementation and the 5,344
development of policies related to the system.
The foregoing appropriation item CAP-827, Statewide 5,346
Communications System, shall be used to purchase or construct the 5,347
components of the Multi-Agency Radio Communications System 5,348
120
(MARCS) that are not specific to any one agency. The equipment 5,349
may include, but is not limited to: multi-agency equipment at 5,350
the Emergency Operations Center/Joint Dispatch Facility, computer
and telecommunication equipment used for the functioning and 5,351
integration of the system, communications towers, tower sites, 5,352
and tower equipment, and linkages among towers and between towers 5,353
and the State of Ohio Network for Integrated Communication 5,354
(SONIC) system. The Director of Administrative Services shall, 5,355
with the concurrence of the MARCS Steering Committee, determine 5,356
the specific use of funds.
Spending from this appropriation item shall not be subject 5,358
to the requirements of Chapters 123. and 153. of the Revised 5,359
Code.
Energy Conservation Projects 5,361
The foregoing appropriation item CAP-835, Energy 5,363
Conservation Projects, shall be used for renovations related to 5,364
energy conservation, including the United States Environmental 5,365
Protection Agency's Greenlights Program, in state-owned
facilities. Prior to the release of funds for renovation, state 5,366
agencies shall have performed a comprehensive energy audit for 5,367
each project. The Department of Administrative Services shall 5,368
review and approve proposals from state agencies to use these 5,369
funds for energy conservation.
Public school districts and state-supported and 5,371
state-assisted institutions of higher education are not eligible 5,372
for funding from this item.
Purchase N. High/Chestnut Buildings 5,374
The Bureau of Workers' Compensation and Department of 5,376
Administrative Services may enter into an agreement for the 5,377
transfer of the real estate and related facilities to be used for 5,378
state office facilities located at 246 North High Street, 5,379
Columbus, Ohio, and 35 Chestnut Street, Columbus, Ohio, from the 5,380
State Insurance Fund to the State of Ohio. The foregoing 5,381
appropriation item CAP-851, Purchase N. High/Chestnut Buildings,
121
shall be used to make the final payment to the State Insurance 5,382
Fund in accordance with the agreement. 5,383
Section 15.03. AGE DEPARTMENT OF AGING 5,385
CAP-001 Renovate Martin Janis Center $ 125,000 5,388
Total Department of Aging $ 125,000 5,390
Section 15.04. AGR DEPARTMENT OF AGRICULTURE 5,393
CAP-029 Administration Building Renovation $ 1,394,022 5,396
CAP-039 Renovate Weights and Measures Bldg. $ 200,000 5,398
CAP-041 Drainage and Erosion Control 5,399
Improvements $ 252,344 5,400
CAP-042 Reynoldsburg Complex Security 5,401
Improvements $ 125,000 5,402
Total Department of Agriculture $ 1,971,366 5,404
Section 15.05. AGO ATTORNEY GENERAL 5,407
CAP-710 Automated Fingerprint ID System $ 4,438,000 5,410
CAP-714 Construct/Renovate BCI & I $ 9,891,647 5,412
Total Attorney General $ 14,329,647 5,414
Transfers of Appropriations to the Department of 5,417
Administrative Services
Within fifteen days after the effective date of this 5,419
section, the Director of Budget and Management shall transfer 5,420
appropriations from the foregoing appropriation item CAP-714, 5,421
Construct/Renovate BCI & I, to various appropriation items in 5,422
Fund 026 in the Department of Administrative Services.
The Director of Budget and Management shall transfer 5,424
$3,398,658 to CAP-837, Major Computer Purchases; $2,000,000 to 5,425
CAP-822, Implementation of Americans with Disabilities Act; 5,426
$800,000 to CAP-824, State Real Estate Inventory System; and 5,427
$400,000 to CAP-834, Develop Computerized Record Drawing Storage. 5,428
The Director of Budget and Management shall also transfer 5,429
$500,000 to CAP-835, Energy Conservation Projects; $285,542 to 5,430
CAP-850, Renovation of Old ODOT Building; and $500,000 to 5,431
CAP-809, Hazardous Substance Abatement in State Facilities and 5,432
these amounts shall be in addition to the amounts appropriated 5,433
122
for those items in Section 15.02 of this act. These transfers 5,435
reimburse the Department of Administrative Services for providing 5,436
appropriations to the Attorney General's office during the 5,437
construction of the new Bureau of Criminal Identification and
Investigation facility. 5,439
Section 15.06. CSR CAPITOL SQUARE REVIEW AND 5,443
ADVISORY BOARD 5,443
CAP-001 Replace Statehouse Grounds Retaining 5,445
Wall $ 700,000 5,446
Total Capitol Square Review and Advisory Board $ 700,000 5,448
Section 15.07. COM DEPARTMENT OF COMMERCE 5,451
CAP-007 Construct and Renovate Fireground 5,452
Training Areas $ 198,000 5,453
CAP-008 Fire Academy Building Renovations $ 626,000 5,455
CAP-011 Roadway/Training Area Resurfacing $ 260,000 5,457
Total Department of Commerce $ 1,084,000 5,459
Section 15.08. EXP EXPOSITIONS COMMISSION 5,462
CAP-037 Electrical Upgrades $ 2,449,400 5,465
CAP-052 Sewer Separation $ 1,903,090 5,467
CAP-059 Replace Coliseum Compressor $ 500,520 5,469
CAP-062 Door Replacement $ 123,874 5,471
CAP-063 Facility Improvement and Modernization 5,472
Planning $ 81,933 5,473
CAP-064 Replacement of Water Lines $ 80,098 5,475
CAP-065 Replace Coliseum Seating $ 796,315 5,477
CAP-066 Stairtower Replacement $ 220,092 5,479
Total Expositions Commission $ 6,155,322 5,481
Section 15.09. DNR DEPARTMENT OF NATURAL RESOURCES 5,484
CAP-742 Fountain Square Building and Telephone 5,486
System Improvements $ 4,000,000 5,487
CAP-747 DNR Fairgrounds Areas - General 5,488
Upgrading $ 75,000 5,489
Total Department of Natural Resources $ 4,075,000 5,491
Section 15.10. DHS DEPARTMENT OF PUBLIC SAFETY 5,494
123
CAP-067 VHF Radio System Improvements $ 356,000 5,497
Total Department of Public Safety $ 356,000 5,499
Section 15.11. SUP JUDICIARY/SUPREME COURT 5,502
CAP-001 Ohio Courts Building Renovations $ 32,600,000 5,505
Total Judiciary/Supreme Court $ 32,600,000 5,507
Exempt from Per Cent for Arts Program 5,510
The foregoing project CAP-001, Ohio Courts Building 5,512
Renovations, shall be exempt from the provisions of section 5,513
3379.10 of the Revised Code, the Per Cent for Arts Program. 5,514
Section 15.12. OSB SCHOOL FOR THE BLIND 5,516
CAP-733 Dormitory Wardrobe Replacement $ 91,450 5,519
CAP-757 Bathroom Renovation with Handicapped 5,520
Accessibility $ 185,800 5,521
CAP-778 Install Air Conditioning in Dining 5,522
Rooms $ 75,000 5,523
CAP-779 Upgrade Doorways for Handicapped 5,524
Accessibility $ 87,000 5,525
CAP-780 Residential Renovations $ 344,900 5,527
CAP-783 Natatorium Improvements $ 59,300 5,529
Total School for the Blind $ 843,450 5,531
Section 15.13. OSD SCHOOL FOR THE DEAF 5,534
CAP-730 Roof Rehabilitation $ 900,000 5,537
CAP-744 Fire Alarm System Replacement $ 208,740 5,539
CAP-749 Bathroom Renovation with Handicapped 5,540
Accessibility $ 331,050 5,541
CAP-781 Heating System Renovations and Boiler 5,542
Replacement/Administration Building $ 1,320,000 5,544
CAP-782 Electrical System Improvements $ 782,000 5,546
CAP-784 Heating and Bedroom Renovations $ 647,000 5,548
CAP-785 Site Improvements $ 25,000 5,550
Total School for the Deaf $ 4,213,790 5,552
Total Administrative Building Fund $ 140,826,221 5,554
Section 16. The Ohio Building Authority is hereby 5,557
authorized to issue and sell, in accordance with the provisions 5,558
124
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,559
152. and other applicable sections of the Revised Code, original 5,560
obligations in an aggregate principal amount not to exceed 5,562
$140,000,000, in addition to the original issuance of obligations 5,563
heretofore authorized by prior acts of the General Assembly to 5,564
pay costs associated with previously authorized capital 5,565
facilities and the capital facilities in Sections 15.01 to 15.13 5,566
of this act, the owners or holders of which shall have no right 5,567
to have excises or taxes levied by the General Assembly for the 5,568
payment of principal or interest thereon. 5,569
Section 17. All items set forth in this section are hereby 5,571
appropriated out of any moneys in the state treasury to the 5,572
credit of the Adult Correctional Building Fund (Fund 027). 5,573
Revenues to the Adult Correctional Building Fund shall consist of 5,574
proceeds of obligations authorized to pay costs of capital 5,575
facilities as defined in section 152.09 of the Revised Code for 5,576
the Department of Rehabilitation and Correction. 5,577
Appropriations 5,579
5,580
DRC DEPARTMENT OF REHABILITATION AND CORRECTION 5,582
STATEWIDE AND CENTRAL OFFICE PROJECTS 5,583
CAP-002 Local Jails $ 26,300,000 5,586
CAP-003 Community-Based Correctional 5,587
Facilities $ 11,346,240 5,588
CAP-007 Asbestos and Lead Abatement - 5,589
Statewide $ 1,900,000 5,590
CAP-008 Powerhouse/Utility Improvements $ 3,000,000 5,592
CAP-010 Industrial Equipment - Statewide $ 2,489,000 5,594
CAP-011 Roof and Window Renovations - 5,595
Statewide $ 2,000,000 5,596
CAP-017 Security Improvements - Statewide $ 4,000,000 5,598
CAP-026 Waste Water Treatment Improvements - 5,599
Statewide $ 1,500,000 5,600
CAP-041 Community Residential Program $ 4,780,000 5,602
125
CAP-129 Water Treatment Plant Improvements - 5,603
Statewide $ 900,000 5,604
CAP-141 Multi-Agency Radio Communications 5,605
System Equipment $ 2,000,000 5,606
CAP-186 Construct Close Custody Prison and 5,607
Camp $ 82,000,000 5,608
CAP-187 Mandown Alert Communication Systems - 5,609
Statewide $ 3,000,000 5,610
CAP-188 Manufacturing and Storage Building 5,611
Additions - Statewide $ 159,300 5,612
CAP-189 Tuck Pointing Renovations - Statewide $ 750,000 5,614
Total Statewide and Central Office Projects $ 146,125,340 5,616
5,618
CHILLICOTHE CORRECTIONAL INSTITUTION
CAP-146 Renovate Food Service Area - CCI $ 4,425,000 5,621
CAP-190 Utility Improvements $ 200,000 5,623
CAP-191 Life and Fire Safety Improvements $ 3,500,000 5,625
CAP-192 Hot Water System Improvements - CCI $ 275,000 5,627
Total Chillicothe Correctional Institution $ 8,400,000 5,629
5,631
CORRECTIONAL RECEPTION CENTER
CAP-173 CRC E-Dorm Renovation $ 350,000 5,634
Total Correctional Reception Center $ 350,000 5,636
5,638
CORRECTIONAL TRAINING ACADEMY
CAP-193 AT Building Roof Replacement $ 450,000 5,641
CAP-194 Construct Conference Center $ 1,796,511 5,643
Total Correctional Training Academy $ 2,246,511 5,645
5,647
DAYTON CORRECTIONAL INSTITUTION
CAP-195 Hot Water System Improvements - DCI $ 400,000 5,650
Total Dayton Correctional Institution $ 400,000 5,652
5,654
GRAFTON CORRECTIONAL INSTITUTION
126
CAP-196 Camp Egress System Improvements - GCI $ 450,000 5,657
Total Grafton Correctional Institution $ 450,000 5,659
5,661
HOCKING CORRECTIONAL INSTITUTION
CAP-053 General Building Renovations $ 275,000 5,664
Total Hocking Correctional Institution $ 275,000 5,666
5,668
LEBANON CORRECTIONAL INSTITUTION
CAP-118 Water Tower Renovations $ 123,307 5,671
CAP-197 Cell Door Lock Replacement $ 5,259,900 5,673
CAP-198 Water Treatment Plant Improvements - 5,674
Le CI $ 1,150,000 5,675
Total Lebanon Correctional Institution $ 6,533,207 5,677
5,679
LIMA CORRECTIONAL INSTITUTION
CAP-121 Shower and Lavatory Renovations $ 1,995,000 5,682
CAP-155 Heating System Renovations $ 2,065,400 5,684
CAP-156 Water and Sewer Line Renovations $ 1,000,000 5,686
CAP-199 Windows and Security Bar Improvements $ 1,000,000 5,688
CAP-200 Utility Renovations $ 350,000 5,690
Total Lima Correctional Institution $ 6,410,400 5,692
5,694
LONDON CORRECTIONAL INSTITUTION
CAP-122 Master Plan Building and Renovations $ 4,000,000 5,697
CAP-201 Water Treatment Plant Addition $ 3,000,000 5,699
Total London Correctional Institution $ 7,000,000 5,701
5,703
MANSFIELD CORRECTIONAL INSTITUTION
CAP-123 Smoke Removal/Sprinkler System 5,705
Improvements $ 232,734 5,706
CAP-202 Death Unit Renovations $ 750,000 5,708
CAP-203 Hot Water System Improvements - Man CI $ 750,000 5,710
Total Mansfield Correctional Institution $ 1,732,734 5,712
5,714
127
MARION CORRECTIONAL INSTITUTION
CAP-028 Power House Improvements $ 191,893 5,717
CAP-067 Roof Replacement $ 384,635 5,719
CAP-124 Fire Sprinkler System Improvements $ 2,146,791 5,721
CAP-204 Freezer Replacement $ 168,800 5,723
CAP-205 Cooler Replacement $ 343,800 5,725
CAP-206 Central Food Service Renovations - MCI $ 343,800 5,727
CAP-207 HVAC Improvements - Admin. Bldg. $ 750,000 5,729
CAP-208 Hot Water Tank Replacement $ 275,000 5,731
Total Marion Correctional Institution $ 4,604,719 5,733
5,735
NORTHEAST PRE-RELEASE CENTER
CAP-209 Security Improvements - NEPRC $ 425,000 5,738
Total Northeast Pre-Release Center $ 425,000 5,740
5,742
OHIO REFORMATORY FOR WOMEN
CAP-210 Replacement Dormitory - ORW $ 3,650,000 5,745
CAP-211 Renovate J.G. Cottage $ 1,300,000 5,747
CAP-212 Powerhouse Renovation and Replumbing $ 1,250,000 5,749
CAP-213 Sanitary Sewer Renovations - ORW $ 250,000 5,751
CAP-214 Storm Sewer Renovations $ 200,000 5,753
CAP-215 Central Food Service Renovations - ORW $ 300,000 5,755
CAP-216 Elevator Renovation $ 121,500 5,757
CAP-217 Perimeter Lighting Improvements $ 800,000 5,759
CAP-218 Rewire Harmon Building $ 376,289 5,761
CAP-219 Fire Alarm System Improvements $ 128,971 5,763
Total Ohio Reformatory for Women $ 8,376,760 5,765
5,767
ORIENT CORRECTIONAL INSTITUTION
CAP-126 Fire Protection System Upgrading $ 290,467 5,770
CAP-184 Orient Dorm Renovations $ 450,000 5,772
CAP-220 Mechanical Renovations Limited Duty 5,773
Dorm $ 1,500,000 5,774
CAP-221 Replacement 2 Story Dorm for 6E Dorm $ 3,958,000 5,776
128
Total Orient Correctional Institution $ 6,198,467 5,778
5,779
PICKAWAY CORRECTIONAL INSTITUTION
CAP-222 Sludge Removal System Improvements $ 1,500,000 5,782
CAP-223 Replacement of Unit A Dorm $ 4,339,900 5,784
CAP-224 Replacement Generator - Dairy Farm $ 108,100 5,786
CAP-225 Water System Improvements $ 1,808,470 5,788
CAP-226 Milk Processing Plant $ 1,905,800 5,790
CAP-227 Roof Improvements $ 430,495 5,792
CAP-228 Power House Improvements $ 212,889 5,794
Total Pickaway Correctional Institution $ 10,305,654 5,796
5,798
ROSS CORRECTIONAL INSTITUTION
CAP-229 Waste Water Treatment Plant 5,800
Improvement - RCI $ 2,500,000 5,801
Total Ross Correctional Institution $ 2,500,000 5,803
5,805
SOUTHEASTERN CORRECTIONAL INSTITUTION
CAP-233 Replacement 2 Story Dorm for J, K & L 5,807
Dorms $ 3,900,000 5,808
CAP-234 High Voltage Electrical System 5,809
Improvements $ 1,500,000 5,810
CAP-235 Warehouse and Utility Buildings 5,811
Renovations $ 225,000 5,812
CAP-236 Construct Dining Hall $ 3,381,125 5,814
CAP-237 Power Plant Improvements $ 479,697 5,816
Total Southeastern Correctional Institution $ 9,485,822 5,818
5,820
SOUTHERN OHIO CORRECTIONAL FACILITY
CAP-230 Waste Water Treatment Plant $ 1,000,000 5,823
CAP-231 Gas Boiler Installation $ 978,005 5,825
CAP-232 Power House Chiller $ 457,800 5,827
Total Southern Ohio Correctional Facility $ 2,435,805 5,829
Total Department of Rehabilitation 5,830
129
and Correction $ 224,255,419 5,832
Total Adult Correctional Building Fund $ 224,255,419 5,834
Section 17.01. Local Jails 5,837
From the foregoing appropriation item CAP-002, Local Jails, 5,840
the Department of Rehabilitation and Correction shall designate
the projects involving the construction and renovation of county, 5,842
multi-county, municipal-county, and multicounty-municipal jail 5,843
facilities and workhouses, including correctional centers 5,844
authorized under sections 153.61 and 307.93 of the Revised Code,
for which the Ohio Building Authority is authorized to issue 5,845
obligations. Notwithstanding any provisions to the contrary 5,846
contained in Chapter 152. or 153. of the Revised Code, the 5,847
Department of Rehabilitation and Correction is authorized to 5,848
coordinate, review, and monitor the drawdown and use of funds for 5,849
the renovation or construction of projects for which designated
funds are provided. 5,850
The funding authorized under this section shall not be 5,852
applied to any such facilities that are not designated by the 5,853
Department of Rehabilitation and Correction. The amount of 5,854
funding authorized under this section that may be applied to a 5,855
project designated for initial funding after July 1, 1998, 5,856
involving the construction or renovation of a county,
multi-county, municipal-county, or multicounty-municipal jail 5,857
facility or workhouse, including a correctional center authorized 5,859
under sections 153.61 and 307.93 of the Revised Code, shall not 5,860
exceed $25,000 per bed of the total allowable cost of the project
in the case of construction of county and municipal-county jail 5,861
facilities, workhouses, and correctional centers; shall not 5,862
exceed $42,000 per bed of the total allowable cost of the project 5,863
in the case of construction of multi-county or 5,864
multicounty-municipal jail facilities, workhouses, and
correctional centers; and shall not exceed 30 per cent of the 5,865
total allowable cost of the project in the case of renovation of 5,866
county, multi-county, municipal-county, and multicounty-municipal 5,867
130
jail facilities, workhouses, and correctional centers. 5,868
The cost-per-bed funding authorized under this section that 5,870
may be applied to a construction project shall not exceed the 5,871
actual cost-per-bed of the project. The 30 per cent funding 5,872
authorized under this section that may be applied to a renovation 5,873
project shall not exceed $25,000 per bed of the total allowable 5,874
cost of the project.
The amount of funding authorized under this section that 5,876
may be applied to a project designated for initial funding prior 5,877
to July 1, 1996, and designated for additional funding after July 5,878
1, 1996, involving the construction or renovation of a county, 5,879
multi-county, municipal-county, or multicounty-municipal jail 5,880
facility or workhouse, including a correctional center authorized 5,881
under sections 153.61 and 307.93 of the Revised Code, shall not 5,882
exceed 30 per cent of the total allowable cost of the project in
the case of county and municipal-county jail facilities, 5,883
workhouses, and correctional centers; shall not exceed 50 per 5,884
cent of the total allowable cost of the project in the case of 5,885
multi-county or multicounty-municipal jail facilities, 5,886
workhouses, and correctional centers; and up to 100 per cent of 5,887
the total allowable cost of the project in the case of
multicounty or multicounty-municipal correctional centers that 5,888
meet the following qualifications: 5,889
(A) Are authorized under sections 153.61 and 307.93 of the 5,891
Revised Code; 5,892
(B) Are constructed under the auspices of a corrections 5,894
commission consisting of at least three counties; and 5,895
(C) With a cost per bed not in excess of seventy-five 5,898
thousand dollars.
The funding authorized under this section shall not be 5,900
applied to any project involving the construction of a county, 5,901
multi-county, municipal-county, or multicounty-municipal jail 5,902
facility or workhouse, including a correctional center 5,903
established under sections 153.61 and 307.93 of the Revised Code,
131
unless the facility, workhouse, or correctional center will be 5,904
built in compliance with "The Minimum Standards for Jails in 5,905
Ohio" and the plans have been approved in accordance with section 5,906
5103.18 of the Revised Code. In addition, the funding authorized 5,907
under this section shall not be applied to any project involving 5,908
the renovation of a county, multi-county, municipal-county, or 5,909
multicounty-municipal jail facility or workhouse, including a 5,910
correctional center established under sections 153.61 and 307.93
of the Revised Code, unless the renovation is for the purpose of 5,911
bringing the facility, workhouse, or correctional center into 5,912
compliance with "The Minimum Standards for Jail in Ohio" and the 5,913
plans have been approved in accordance with section 5103.18 of 5,914
the Revised Code.
From the foregoing appropriation item CAP-002, Local Jails, 5,916
the Department of Rehabilitation and Correction may use up to 5,917
$250,000 to contract for services necessary to develop a 5,918
site-adaptable, cost-effective, prototype jail design, including 5,919
architectural drawings, to be made available by the department to
local jurisdictions for use in jail design and construction. 5,920
Section 17.02. Community-Based Correctional Facilities 5,922
The Department of Rehabilitation and Correction is hereby 5,924
authorized to designate to the Ohio Building Authority the sites 5,925
of, and, notwithstanding any provisions to the contrary contained 5,926
in Chapter 152. or 153. of the Revised Code, to review the 5,927
renovation or construction of, the single county and district 5,928
community-based correctional facilities funded by the foregoing 5,929
appropriation item CAP-003, Community-Based Correctional 5,930
Facilities.
Pickaway Sludge Removal 5,932
The foregoing appropriation item CAP-026, Waste Water 5,934
Treatment Improvements - Statewide, shall be used for sludge 5,935
removal system improvements at Pickaway Correctional Institution. 5,936
Section 17.03. Community Residential Program Renovations 5,938
The foregoing appropriation item CAP-041, Community 5,940
132
Residential Program, may be used to award grants, or to reimburse 5,941
government entities, or private nonprofit organizations, for the 5,942
construction of halfway houses for prisoners who are released on 5,943
parole by the Adult Parole Authority or for the renovation of 5,944
existing buildings for use as halfway houses for those released 5,945
prisoners, pursuant to section 5120.103 of the Revised Code.
Section 18. The Ohio Building Authority is hereby 5,947
authorized to issue and sell, in accordance with the provisions 5,948
of Section 2i of Article VIII, Ohio Constitution, and Chapter 5,949
152. and section 307.021 of the Revised Code, original 5,950
obligations in an aggregate principal amount not to exceed 5,951
$224,000,000 in addition to the original issuance of obligations 5,952
heretofore authorized by prior acts of the General Assembly to 5,953
pay costs associated with previously authorized capital 5,954
facilities and the capital facilities in Sections 17 and 17.01 to 5,955
17.03 of this act for the Department of Rehabilitation and 5,956
Correction, the owners or holders of which shall have no right to 5,957
have excises or taxes levied by the General Assembly for the 5,958
payment of principal or interest thereon. 5,959
Section 19. All items set forth in this section are hereby 5,961
appropriated out of any moneys in the state treasury to the 5,962
credit of the Juvenile Correctional Building Fund (Fund 028). 5,963
Revenues to the Juvenile Correctional Building Fund shall consist 5,964
of proceeds of obligations authorized to pay costs of capital 5,965
facilities as defined in section 152.09 of the Revised Code for 5,966
the Department of Youth Services. 5,967
Appropriations 5,969
5,970
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 Fire Suppression, Safety, and Security 5,972
Renovations $ 2,000,000 5,973
CAP-803 General Institutional Renovations $ 3,466,386 5,975
CAP-812 Community Rehabilitation Centers $ 3,963,366 5,977
CAP-821 Construct Maximum Security Facility $ 4,000,000 5,979
133
CAP-825 Food Service, Storeroom, Laundry, and 5,980
Fence Renovations - Mohican Youth 5,981
Center $ 600,000 5,982
CAP-828 Multi-Agency Radio Communications 5,983
System Equipment $ 400,000 5,984
CAP-829 Local Juvenile Detention Centers $ 2,397,123 5,986
CAP-833 Security Renovations - Indian River $ 4,793,125 5,988
CAP-834 Health and Safety Unit Renovations - 5,989
Riverview $ 3,780,000 5,990
Total Department of Youth Services $ 25,400,000 5,992
Total Juvenile Correctional Building Fund $ 25,400,000 5,994
Section 19.01. Community Rehabilitation Centers 5,997
From the foregoing appropriation item CAP-812, Community 5,999
Rehabilitation Centers, the Department of Youth Services shall 6,000
designate the projects involving the construction and renovation 6,001
of single county and multi-county community corrections 6,002
facilities for which the Ohio Building Authority is authorized to 6,003
issue obligations. 6,004
The Department of Youth Services is authorized to review 6,006
and approve the renovation and construction of projects for which 6,007
funds are provided. The proceeds of any obligations authorized 6,008
under this section shall not be applied to any such facilities 6,009
that are not designated and approved by the Department of Youth 6,010
Services. 6,011
The Department of Youth Services shall adopt guidelines to 6,013
accept and review applications and designate projects. Those 6,014
guidelines shall require the county or counties to justify the 6,015
need for the facility and to comply with timelines for the 6,016
submission of documentation pertaining to the site, program, and 6,017
construction. 6,018
For purposes of this section, "community corrections 6,020
facilities" has the same meaning as in section 5139.36 of the 6,022
Revised Code.
Section 19.02. Local Juvenile Detention Centers 6,024
134
From the foregoing appropriation item CAP-829, Local 6,026
Juvenile Detention Centers, the Department of Youth Services 6,028
shall designate the projects involving the construction and 6,029
renovation of county and multi-county juvenile detention centers 6,030
for which the Ohio Building Authority is authorized to issue
obligations. 6,031
The Department of Youth Services is authorized to review 6,033
and approve the renovation and construction of projects for which 6,034
funds are provided. The proceeds of any obligations authorized 6,035
under this section shall not be applied to any such facilities 6,036
that are not designated by the Department of Youth Services. 6,037
The Department of Youth Services shall comply with the 6,039
guidelines set forth below, accept and review applications, 6,041
designate projects, and determine the amount of state match
funding to be applied to each project. The department shall, 6,042
with the advice of the county or counties participating in a 6,044
project, determine the funded design capacity of the detention 6,045
centers that are designated to receive funding. Notwithstanding 6,046
any provisions to the contrary contained in Chapter 152. or 153. 6,047
of the Revised Code, the Department of Youth Services is
authorized to coordinate, review, and monitor the drawdown and 6,048
use of funds for the renovation and construction of projects for 6,049
which designated funds are provided. 6,050
(A) The Department of Youth Services shall develop a 6,052
weighted numerical formula to determine the amount, if any, of 6,053
state match that may be provided to a single or multi-county 6,054
detention center project. The formula shall include the factors 6,055
specified below in division (A)(1) of this section and may 6,056
include the factors specified below in division (A)(2) of this
section. The weight assigned to the factors specified in 6,057
division (A)(1) of this section shall be no less than twice the 6,058
weight assigned to factors specified in division (A)(2) of this 6,059
section:
(1)(a) The number of detention center beds needed in the 6,061
135
county or group of counties, as estimated by the Department of 6,063
Youth Services, is significantly more than the number of beds 6,064
currently available;
(b) Any existing detention center in the county or group 6,066
of counties does not meet health, safety, or security standards 6,067
for detention centers as established by the Department of Youth 6,069
Services;
(c) The Department of Youth Services projects that the 6,071
county or group of counties have a need for a sufficient number 6,073
of detention beds to make the project economically viable. 6,074
(2)(a) The percentage of children in the county or group 6,076
of counties living below the poverty level is above the state 6,077
average;
(b) The per capita income in the county or group of 6,079
counties is below the state average. 6,080
(B) The formula developed by the Department of Youth 6,082
Services shall yield a percentage of state match ranging from 0 6,083
per cent to 60 per cent based on the above factors. 6,084
Notwithstanding the foregoing provisions, if a single county or 6,085
multi-county system currently has no detention center beds, or if
the projected need for detention center beds as estimated by the 6,086
Department of Youth Services is greater than 120 per cent of 6,087
current detention center bed capacity, then the percentage of 6,088
state match shall be 60 per cent. To determine the dollar amount 6,089
of the state match for new construction projects, the percentage 6,090
of state match shall be multiplied by $105,000 per bed for 6,091
detention centers with a designated capacity of 99 beds or less, 6,092
and by $130,000 per bed for detention centers with a design
capacity of 100 beds or more. To determine the dollar amount of 6,093
the state match for renovation projects the percentage match 6,094
shall be multiplied by the actual cost of the renovation, 6,095
provided that the cost of the renovation does not exceed $80,000 6,096
per bed. The funding authorized under this section that may be
applied to a construction or renovation project shall not exceed 6,097
136
the actual cost of the project. 6,098
The funding authorized under this section shall not be 6,100
applied to any project unless the detention center will be built 6,101
in compliance with health, safety, and security standards for 6,102
detention centers as established by the Department of Youth 6,103
Services. In addition, the funding authorized under this section
shall not be applied to the renovation of a detention center 6,104
unless the renovation is for the purpose of increasing the number 6,105
of beds in the center, or to meet health, safety, or security 6,106
standards for detention centers as established by the Department 6,107
of Youth Services.
Section 20. The Ohio Building Authority is hereby 6,109
authorized to issue and sell, in accordance with the provisions 6,110
of Section 2i of Article VIII, Ohio Constitution, and Chapter 6,111
152. and other applicable sections of the Revised Code, original 6,112
obligations in an aggregate principal amount not to exceed 6,113
$25,000,000 in addition to the original issuance of obligations 6,114
heretofore authorized by prior acts of the General Assembly. 6,115
These authorized obligations shall be issued to pay the costs 6,116
associated with previously authorized capital facilities and the 6,117
capital facilities in Sections 19, 19.01, and 19.02 of this act 6,118
for the Department of Youth Services, the owners or holders of 6,120
which shall have no right to have excises or taxes levied by the 6,121
General Assembly for the payment of principal or interest 6,122
thereon.
Section 21. All items set forth in this section are hereby 6,124
appropriated out of any moneys in the state treasury to the 6,125
credit of the Arts Facilities Building Fund (Fund 030). Revenues 6,127
to the Arts Facilities Building Fund shall consist of proceeds of 6,128
obligations authorized to pay costs of the following capital 6,129
improvements:
Appropriations 6,130
6,131
AFC ARTS FACILITIES COMMISSION
137
CAP-001 National Aviation Hall of Fame $ 1,100,000 6,134
CAP-004 Valentine Theatre $ 3,500,000 6,136
CAP-005 Center for Science and Industry - 6,137
Columbus $ 5,500,000 6,138
CAP-010 Sandusky State Theatre Improvements $ 500,000 6,140
CAP-013 Stambaugh Hall Improvements $ 625,000 6,142
CAP-033 Woodward Opera House Renovation $ 250,000 6,144
CAP-037 Canton Palace Theatre Renovations $ 800,000 6,146
CAP-044 National Underground Railroad Freedom 6,147
Center $ 500,000 6,148
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 6,150
CAP-046 Cincinnati Museum Center Improvements $ 525,000 6,152
CAP-048 John and Annie Glenn Museum $ 600,000 6,154
CAP-049 Ohio Theatre Improvements $ 3,000,000 6,156
CAP-051 Akron Civic Theatre Improvements $ 600,000 6,158
CAP-052 Akron Art Museum $ 1,000,000 6,160
CAP-055 WACO Museum and Aviation Learning 6,161
Center $ 500,000 6,162
CAP-056 Ohio Center of Agriculture and 6,163
Industrial Technology Heritage Center $ 3,500,000 6,165
CAP-058 Cedar Bog Nature Preserve Education 6,166
Center $ 1,000,000 6,167
CAP-061 Statewide Arts Facilities Planning $ 500,000 6,169
CAP-063 Robins Theatre Project $ 50,000 6,171
CAP-702 Campus Martius Museum Renovations $ 140,000 6,173
CAP-734 Hayes Presidential Center - Museum and 6,174
Home Improvements $ 1,000,000 6,175
CAP-735 Paul Lawrence Dunbar House $ 100,000 6,177
CAP-741 Adena State Memorial Renovations $ 350,000 6,179
CAP-742 Ft. Meigs Museum and Exhibit 6,180
Improvements $ 2,960,000 6,181
CAP-744 Zoar Village Visitor Center and 6,182
Building Renovations $ 875,000 6,183
138
CAP-753 Buffington Island State Memorial 6,184
Improvements $ 100,000 6,185
CAP-757 Schoenbrunn Village Restoration and 6,186
Renovations $ 211,000 6,187
CAP-758 Ft. Laurens Building and Site 6,188
Improvements $ 100,000 6,189
CAP-770 Serpent Mound State Memorial 6,190
Improvements $ 295,000 6,191
CAP-780 Harding Home State Memorial 6,192
Restorations $ 390,000 6,193
CAP-781 Historical Center - Archives and 6,194
Library Automation $ 450,000 6,195
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 6,197
CAP-788 Tallmadge Church Building Restoration $ 250,000 6,199
CAP-789 Neil Armstrong Air and Space Museum 6,200
Improvements $ 315,000 6,201
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 6,203
CAP-795 Local and Wide-area Networks $ 300,000 6,205
CAP-796 Moundbuilders State Memorial 6,206
Improvements $ 530,000 6,207
CAP-797 National Afro-American Museum 6,208
Improvements $ 300,000 6,209
CAP-798 Multi-Site Fire and Security System 6,210
Improvements $ 100,000 6,211
CAP-799 Capitol City Exhibit Feasibility $ 50,000 6,213
CAP-800 Indian Mill State Memorial 6,214
Improvements $ 112,000 6,215
Total Arts Facilities Commission $ 37,294,000 6,217
Total Arts Facilities Building Fund $ 37,294,000 6,219
Center for Science and Industry-Columbus 6,222
Of the foregoing appropriation item CAP-005, Center for 6,224
Science and Industry-Columbus, $5,000,000 shall be used for the 6,225
John Glenn Theatre and $500,000 shall be used for AgScience 6,226
Experience Exhibits.
139
COSI-Columbus -- Local Administration of Capital Project 6,228
Contracts
Notwithstanding division (A) of section 3383.07 of the 6,230
Revised Code, the Ohio Arts and Sports Facilities Commission, 6,231
with respect to the foregoing appropriation item CAP-005, Center 6,232
for Science and Industry-Columbus, is authorized to administer 6,233
all or part of capital facilities project contracts involving 6,234
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 6,235
and Industry-Columbus, and the Ohio Arts and Sports Facilities 6,236
Commission in review of the project plans. The Ohio Arts and 6,237
Sports Facilities Commission shall enter into a contract with the 6,238
Center of Science and Industry-Columbus to administer the exhibit 6,239
fabrication and installation contracts, which contracts are not
subject to Chapters 123. or 153. of the Revised Code. 6,240
Schoenbrunn Village Restoration and Renovations 6,242
Of the foregoing appropriation item CAP-757, Schoenbrunn 6,244
Village Restoration and Renovations, up to $30,000 shall be used 6,245
for safety improvements related to the New Philadelphia airport. 6,246
Ft. Laurens Building and Site Improvements 6,248
Of the foregoing appropriation item CAP-758, Ft. Laurens 6,250
Building and Site Improvements, $100,000 shall be used for the 6,251
full reconstruction of the site as formulated by the Friends of 6,253
Ft. Laurens Foundation.
Section 22. The Ohio Building Authority is hereby 6,255
authorized to issue and sell, in accordance with the provisions 6,256
of Section 2i of Article VIII, Ohio Constitution, and Chapter 6,257
152. and other applicable sections of the Revised Code, original 6,259
obligations in an aggregate principal amount not to exceed 6,260
$37,000,000 in addition to the original issuance of obligations 6,262
heretofore authorized by prior acts of the General Assembly to 6,263
pay costs of capital facilities as defined in division (A)(5) of 6,264
section 152.09 of the Revised Code, including construction as 6,265
defined in division (H) of section 3383.01 of the Revised Code, 6,266
140
of the Ohio arts facilities designated in Section 21 of this act, 6,267
the owners or holders of which shall have no right to have 6,269
excises or taxes levied by the General Assembly for the payment 6,270
of principal of or interest thereon.
Section 23. All items set forth in this section are hereby 6,272
appropriated out of any moneys in the state treasury to the 6,273
credit of the Ohio Parks and Natural Resources Fund (Fund 031). 6,274
Revenues to the Ohio Parks and Natural Resources Fund shall 6,275
consist of proceeds of obligations authorized to pay costs of 6,276
capital projects as defined in section 1557.01 of the Revised 6,277
Code for the Department of Natural Resources. 6,278
Appropriations 6,279
6,280
DNR DEPARTMENT OF NATURAL RESOURCES STATEWIDE AND LOCAL PROJECTS 6,281
CAP-012 Land Acquisition $ 5,200,000 6,284
CAP-703 Cap Abandoned Water Wells $ 50,000 6,286
CAP-748 Local Parks Projects - Statewide $ 6,250,000 6,288
CAP-753 Project Planning $ 1,069,500 6,290
CAP-784 Inland Access $ 250,000 6,292
CAP-788 Community Recreation Projects $ 742,000 6,294
CAP-874 Lake Erie Access $ 1,000,000 6,296
CAP-875 Ohio River Access $ 500,000 6,298
CAP-881 Dam Rehabilitation $ 10,842,925 6,300
CAP-931 Wastewater/Water Systems Upgrades $ 5,750,000 6,302
CAP-934 Operations Facilities Development $ 500,000 6,304
CAP-999 Geographic Information Management 6,305
System $ 2,100,000 6,306
Total Statewide and Local Projects $ 34,254,425 6,308
6,310
DIVISION OF CIVILIAN CONSERVATION
CAP-835 Civilian Conservation Facilities $ 400,000 6,312
Total Division of Civilian Conservation $ 400,000 6,314
6,316
DIVISION OF FORESTRY
141
CAP-841 Operations and Maintenance Facility 6,318
Development and Renovation $ 900,000 6,320
Total Division of Forestry $ 900,000 6,322
6,324
DIVISION OF MINES AND RECLAMATION
CAP-867 Reclamation Facilities Renovation and 6,326
Development $ 250,000 6,327
Total Division of Mines and Reclamation $ 250,000 6,329
6,331
DIVISION OF NATURAL AREAS
CAP-826 Natural Areas and Preserves 6,333
Maintenance/Facility Development $ 450,000 6,334
Total Division of Natural Areas $ 450,000 6,336
6,338
DIVISION OF PARKS AND RECREATION
CAP-234 State Parks Campgrounds, Lodges and 6,340
Cabins $ 1,885,000 6,341
CAP-331 Park Boating Facilities $ 3,090,000 6,343
CAP-390 State Park Maintenance/Facility 6,344
Development $ 450,000 6,345
CAP-821 State Park Dredging and Shoreline 6,346
Protection $ 326,850 6,347
CAP-836 State Park Renovations/Upgrading $ 3,050,000 6,349
Total Division of Parks and Recreation $ 8,801,850 6,351
6,353
DIVISION OF SOIL AND WATER CONSERVATION
CAP-706 Statewide Nonpoint Source 6,355
Implementation Program $ 777,485 6,356
Total Division of Soil and Water Conservation $ 777,485 6,358
6,360
DIVISION OF WATER
CAP-705 Rehabilitate Canals, Hydraulic Works 6,362
and Support Facilities $ 2,000,000 6,363
142
CAP-819 Rehabilitate/Automate - Ohio Ground 6,364
Water Observation Well Network $ 250,000 6,366
CAP-820 Automated Stream, Lake and Ground 6,367
Water Data Collection $ 150,000 6,368
Total Division of Water $ 2,400,000 6,370
Total Department of Natural Resources $ 48,233,760 6,372
Total Ohio Parks and Natural Resources Fund $ 48,233,760 6,374
Section 23.01. Local Parks Projects - Statewide 6,377
The foregoing appropriation item CAP-748, Local Parks 6,379
Projects - Statewide, shall be used for grants for local parks 6,380
projects. Of the total amount appropriated, $250,000 represents 6,381
amounts that were previously appropriated and allocated to 6,382
counties pursuant to division (D) of section 1557.06 of the
Revised Code, and encumbered for local project grants. The 6,383
existing encumbrances for these local projects in the various 6,384
counties shall be canceled by the Director of Budget and 6,385
Management or the Director of Natural Resources. The Director of 6,386
Natural Resources shall allocate the $250,000 to the same 6,387
counties the moneys were originally allocated to, in the amount
of the canceled encumbrances. 6,388
Dam Rehabilitation 6,390
Of the foregoing appropriation item CAP-881, Dam 6,392
Rehabilitation, up to $5,000,000 shall be used to rehabilitate 6,393
the Muskingum River Locks and Dams and $1,250,000 shall be used 6,394
for improvements to Pleasant Run Creek Levy.
Community Recreation Projects 6,396
Of the foregoing appropriation item CAP-788, Community 6,398
Recreation Projects, $10,000 shall be used for Goodale Park 6,399
Improvements; $20,000 shall be used for Grove City Park 6,400
Improvements; $100,000 shall be used for Chagrin Falls Park;
$10,000 shall be used for West Fork Park; $10,000 shall be used 6,401
for Holmes County Park District; $18,000 shall be used for Mentor 6,402
Beach Park Improvements; $32,000 shall be used for Willowick Park 6,403
Improvements; $60,000 shall be used for Leighty Lake Restoration 6,404
143
Project; $300,000 shall be used for Firestone Park Improvements; 6,405
$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 6,406
Hamilton Township Park at Foster. 6,407
State Park Dredging and Shoreline Protection 6,409
Of the foregoing appropriation item CAP-821, State Park 6,411
Dredging and Shoreline Protection, $200,000 shall be used for 6,412
Muskingum Conservancy District - Charles Mill Lake Dredging and 6,413
$126,850 shall be used for Beaver Creek Erosion Control Project. 6,414
Section 24. The Commissioners of the Sinking Fund, upon 6,416
the request of the Director of Natural Resources, are hereby 6,417
authorized to issue and sell, in accordance with Section 2l of 6,418
Article VIII, Ohio Constitution, and Chapter 1557. of the Revised 6,419
Code, bonds or other obligations of the State of Ohio in an 6,420
aggregate amount not to exceed $48,000,000 of original issuance 6,421
obligations in addition to the original issuance of obligations 6,422
heretofore authorized by prior acts of the General Assembly. 6,423
The obligations shall be dated, issued, and sold from time to 6,425
time in such amounts as may be necessary to provide sufficient 6,426
moneys to the credit of the Ohio Parks and Natural Resources Fund 6,427
(Fund 031) created in section 1557.04 of the Revised Code to pay 6,428
costs charged to the fund when due as estimated by the Director 6,429
of Natural Resources, provided, however, that such obligations 6,430
shall be issued and sold at such time or times so that not more 6,431
than $50,000,000 original principal amount of obligations may be 6,432
issued in any fiscal year and not more than $200,000,000 original 6,433
principal amount of obligations issued pursuant to Section 2l of 6,434
Article VIII, Ohio Constitution and Chapter 1557. of the Revised 6,435
Code are outstanding at any one time. 6,436
Section 25. For the projects appropriated in Sections 23 6,438
and 23.01 of this act, the Ohio Department of Natural Resources 6,440
shall periodically prepare and submit to the Director of Budget 6,441
and Management the estimated design, planning, and engineering 6,442
costs of capital-related work to be done by the Department of
144
Natural Resources for each project. Based on the estimates, the 6,443
Director of Budget and Management may release appropriations from 6,444
the foregoing appropriation item CAP-753, Project Planning, to 6,445
pay for design, planning, and engineering costs incurred by the 6,446
Department of Natural Resources for such projects. Upon release 6,447
of the appropriations by the Director of Budget and Management, 6,448
the Department of Natural Resources shall pay for these expenses
from Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 6,449
using an intrastate voucher. 6,450
Section 26. (A) All items set forth in this section are 6,452
hereby appropriated out of any moneys in the state treasury to 6,453
the credit of the School Building Program Assistance Fund (Fund 6,454
032) created under section 3318.25 of the Revised Code, derived 6,455
from the proceeds of obligations heretofore and herein authorized 6,456
to pay the cost to the state of acquiring classroom facilities 6,457
for sale to school districts pursuant to sections 3318.01 to 6,458
3318.20 of the Revised Code. Appropriations 6,460
6,461
SFC SCHOOL FACILITIES COMMISSION
CAP-737 School Building Program Assistance $ 355,000,000 6,464
Total School Facilities Commission $ 355,000,000 6,466
Total School Building Program Assistance Fund $ 355,000,000 6,468
School Building Program Assistance 6,471
The foregoing appropriation item CAP-737, School Building 6,473
Program Assistance, shall be used by the School Facilities 6,474
Commission to provide funding to school districts that receive 6,475
conditional approval from the Commission pursuant to Chapter 6,476
3318. of the Revised Code.
Commitments by the School Facilities Commission 6,478
The School Facilities Commission shall not commit at least 6,480
$300 million of the combined amounts of the foregoing 6,481
appropriations items CAP-622, Public School Buildings (Fund 021), 6,482
and CAP-737, Public School Building Assistance (Fund 032), until 6,483
after June 30, 1999.
145
(B)(1) As used in this division: 6,485
(a) "Low wealth school district" means a school district 6,487
in the lowest forty per cent of adjusted valuation per pupil on 6,488
the fiscal year 1999 ranking of school districts, established 6,489
pursuant to section 3317.02 of the Revised Code. 6,490
(b) A "school district with an exceptional need for 6,492
immediate facility assistance" means a school district with an 6,493
exceptional need for new facilities in order to protect the 6,494
health and safety of all or a portion of its students. School 6,495
districts reasonably expected to be served by the Classroom 6,496
Facilities Assistance Program prior to June 30, 2002, in order 6,497
provided under divisions (C)(1) and (2) of section 3318.06 of the 6,498
Revised Code are excluded from participating in this exceptional 6,499
needs pilot program.
(2) Of the $300,000,000 the School Facilities Commission 6,501
shall not commit until after June 30, 1999, the School Facilities 6,502
Commission may set aside up to ten per cent for the pilot program 6,504
for low wealth school districts with exceptional needs for 6,505
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 6,507
experts, the School Facilities Commission shall adopt guidelines 6,508
for identifying school districts with an exceptional need for 6,509
immediate classroom facility assistance. 6,510
(b) The guidelines shall include application forms and 6,512
instructions for school districts that believe they have an 6,513
exceptional need for immediate classroom facility assistance. 6,514
(4) The School Facilities Commission shall evaluate the 6,516
classroom facilities, and the need for replacement classroom 6,517
facilities from the applications received under this section. 6,518
The School Facilities Commission, utilizing the guidelines 6,519
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 6,520
In accordance with division (C)(3) of section 3318.02 of 6,522
the Revised Code, the School Facilities Commission may conduct 6,523
146
on-site evaluation of the school districts prioritized under this 6,524
section and approve and award funds until such time as all funds 6,526
set aside pursuant to division (B)(2) of this section have been 6,527
encumbered pursuant to section 3318.04 of the Revised Code.
Section 27. The Treasurer of State is hereby authorized to 6,529
issue and sell, in accordance with the provisions of Section 2i 6,530
of Article VIII, Ohio Constitution, and section 3318.26 of the 6,531
Revised Code, original obligations in an aggregate principal 6,532
amount not to exceed $355,000,000 in addition to the original 6,533
issuance of obligations heretofore authorized by prior acts of
the General Assembly. These authorized obligations shall be used 6,534
to provide funds for the appropriations in Section 26 of this act 6,535
for the School Building Assistance Program Fund for the School 6,536
Facilities Commission to distribute in accordance with their 6,537
rules and guidelines pursuant to Chapter 3318. of the Revised 6,538
Code, the owners or holders of which shall have no right to have 6,539
excises or taxes levied by the General Assembly for the payment 6,540
of principal or interest thereon.
Section 28. All items set forth in Sections 28.01 to 28.03 6,542
are hereby appropriated out of any moneys in the state treasury 6,543
to the credit of the Mental Health Facilities Improvement Fund 6,544
(Fund 033) created by division (F) of section 154.20 of the 6,545
Revised Code, derived from the proceeds of obligations heretofore 6,546
and herein authorized, to pay costs of capital facilities as 6,547
defined in section 154.01 of the Revised Code, for mental hygiene 6,548
and retardation.
Appropriations 6,550
Section 28.01. ADA DEPARTMENT OF ALCOHOL AND DRUG 6,553
ADDICTION SERVICES 6,553
CAP-002 Community Assistance Projects $ 2,000,000 6,556
Total Department of Alcohol and Drug Addiction 6,557
Services $ 2,000,000 6,559
Section 28.02. DMH DEPARTMENT OF MENTAL HEALTH 6,562
CAP-092 Hazardous Materials Abatement $ 750,000 6,566
147
CAP-479 Community Assistance Projects $ 11,500,000 6,568
CAP-906 Campus Consolidation/Automation $ 2,500,000 6,570
CAP-946 Demolition $ 750,000 6,572
CAP-976 Life Safety/Critical Plant Renovations $ 1,128,000 6,574
CAP-977 Patient Care/Environment Improvements $ 21,362,215 6,576
CAP-978 Infrastructure Renovations $ 3,500,000 6,578
CAP-981 Emergency Improvements $ 1,000,000 6,580
Total Department of Mental Health $ 42,490,215 6,582
Section 28.03. DMR DEPARTMENT OF MENTAL RETARDATION AND 6,586
DEVELOPMENTAL DISABILITIES 6,586
Appropriations 6,588
CAP-480 Community Assistance Projects $ 13,840,000 6,591
CAP-955 Statewide Developmental Center 6,592
Improvements $ 1,682,396 6,593
CAP-956 Apple Creek Developmental Center 6,594
Improvements $ 600,000 6,595
CAP-957 Cambridge Developmental Center 6,596
Improvements $ 600,000 6,597
CAP-958 Columbus Developmental Center 6,598
Improvements $ 1,130,000 6,599
CAP-959 Gallipolis Developmental Center 6,600
Improvements $ 930,000 6,601
CAP-960 Montgomery Developmental Center 6,602
Improvements $ 790,000 6,603
CAP-962 Mt. Vernon Developmental Center 6,604
Improvements $ 950,000 6,605
CAP-963 Northwest Ohio Developmental Center 6,606
Improvements $ 1,225,000 6,607
CAP-964 Southwest Ohio Developmental Center 6,608
Improvements $ 780,000 6,609
CAP-965 Springview Developmental Center 6,610
Improvements $ 885,000 6,611
CAP-966 Tiffin Developmental Center 6,612
Improvements $ 550,000 6,613
148
CAP-967 Warrensville Developmental Center 6,614
Improvements $ 510,000 6,615
CAP-968 Youngstown Developmental Center 6,616
Improvements $ 800,000 6,617
Total Department of Mental Retardation 6,618
and Developmental Disabilities $ 25,272,396 6,620
Total Mental Health Facilities Improvement Fund $ 69,762,611 6,622
Community Assistance Projects 6,625
The foregoing appropriation item CAP-480, Community 6,627
Assistance Projects, may be used to provide community assistance 6,628
funds for the construction or renovation of facilities for day 6,629
programs or residential programs that provide services to persons 6,630
eligible for services from the Department of Mental Retardation 6,631
and Developmental Disabilities or county boards of mental 6,632
retardation and developmental disabilities. Any funds provided 6,633
to nonprofit agencies for the construction or renovation of 6,635
facilities for persons eligible for services from the Department 6,636
of Mental Retardation and Developmental Disabilities and county 6,637
boards of mental retardation and developmental disabilities shall 6,638
be governed by the prevailing wage provisions in section 176.05 6,639
of the Revised Code. Of the foregoing appropriation item 6,640
CAP-480, Community Assistance Projects, $90,000 shall be used for 6,641
the Whetstone School in Morrow County.
Section 28.04. The foregoing capital improvements for 6,643
which appropriations are made in Sections 28 and 28.01 to 28.03 6,644
of this act are determined to be capital improvements and capital 6,646
facilities for mental hygiene and retardation, and shall be
designated as the capital facilities to which proceeds of 6,647
obligations in the Mental Health Facilities Improvement Fund, 6,648
created by section 154.20 of the Revised Code, are to be applied. 6,649
The foregoing appropriations for the Department of Alcohol and 6,650
Drug Addiction Services, CAP-002, Community Assistance Projects;
Department of Mental Health, CAP-479, Community Assistance 6,651
Projects; and Department of Mental Retardation and Developmental 6,652
149
Disabilities, CAP-480, Community Assistance Projects, may be used 6,654
on facilities constructed or to be constructed pursuant to
Chapter 340., 3793., 5119., 5123., or 5126. of the Revised Code 6,655
or the authority granted by section 154.20 of the Revised Code 6,657
and the rules issued pursuant to those chapters and shall be 6,659
distributed by the Department of Alcohol and Drug Addiction 6,660
Services, the Department of Mental Health, and the Department of 6,661
Mental Retardation and Developmental Disabilities, subject to 6,662
Controlling Board approval. All other appropriations provided in
Sections 28.01 to 28.03 of this act are made to the Ohio Public 6,663
Facilities Commission for application to the purpose for which 6,664
appropriated through the exercise of its powers under Chapter 6,665
154. of the Revised Code, including, where appropriate, 6,666
provisions thereunder for the production of revenues and receipts 6,667
for bond service charges on such obligations.
Section 28.05. (A) No capital improvement appropriations 6,669
made in Sections 28.01 to 28.03 of this act shall be released for 6,670
planning or for improvement, renovation, or construction or 6,672
acquisition of capital facilities if a governmental agency, as
defined in section 154.01 of the Revised Code, does not own the 6,673
real property that constitutes the capital facilities or on which 6,674
the capital facilities are or will be located. This restriction 6,675
shall not apply in any of the following circumstances: 6,676
(1) The governmental agency has a long-term (at least 6,678
fifteen years) lease of, or other interest (such as an easement) 6,679
in, the real property.
(2) In the case of an appropriation for capital facilities 6,681
for mental hygiene and retardation which, because of their unique 6,682
nature or location, will be owned or be part of facilities owned 6,683
by a separate nonprofit organization and made available to the 6,684
governmental agency for its use or operated by the nonprofit 6,685
organization under contract with the governmental agency, the
nonprofit organization either owns or has a long-term (at least 6,686
fifteen years) lease of the real property or other capital 6,687
150
facility to be improved, renovated, constructed, or acquired and 6,688
has entered into a joint or cooperative use agreement, approved 6,689
by the Department of Mental Health, Department of Mental 6,690
Retardation and Developmental Disabilities, or Department of 6,691
Alcohol and Drug Addiction Services, whichever is applicable, 6,693
with the governmental agency for that agency's use of and right 6,694
to use the capital facilities to be financed and, if applicable, 6,695
improved, the value of such use or right to use being, as
determined by the parties, reasonably related to the amount of 6,696
the appropriation. 6,697
(B) In the case of capital facilities referred to in 6,699
division (A)(2) of this section, the joint or cooperative use 6,700
agreement shall include, as a minimum, provisions which: 6,701
(1) Specify the extent and nature of that joint or 6,703
cooperative use, extending for no fewer than fifteen years, with 6,704
the value of such use or right to use to be, as determined by the 6,705
parties and approved by the approving department, reasonably 6,706
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 6,708
the arrangement for joint or cooperative use by a governmental 6,709
agency be terminated;
(3) Provide that procedures to be followed during the 6,711
capital improvement process will comply with appropriate 6,712
applicable state laws and rules, including provisions of this 6,713
act.
Section 29. The Ohio Public Facilities Commission is 6,715
hereby authorized to issue and sell, in accordance with the 6,717
provisions of Section 2i of Article VIII, Ohio Constitution, and 6,718
Chapter 154. of the Revised Code, particularly section 154.20 of 6,719
the Revised Code, obligations in an aggregate principal amount
not to exceed $64,000,000 in addition to the original issuance of 6,720
obligations heretofore authorized by prior acts of the General 6,721
Assembly to pay costs of capital facilities for mental hygiene 6,722
and retardation, the owners or holders of which shall have no 6,723
151
right to have excises or taxes levied by the General Assembly for 6,724
the payment of principal or interest thereon.
Section 30. All items set forth in Sections 30.01 to 30.45 6,726
are hereby appropriated out of any moneys in the state treasury 6,727
to the credit of the Higher Education Improvement Fund (Fund 034) 6,728
created by division (F) of section 154.21 of the Revised Code, 6,729
derived from the proceeds of obligations heretofore and herein 6,730
authorized to pay the costs of capital facilities as defined in 6,731
section 154.01 of the Revised Code, for state-supported and
state-assisted institutions of higher education. 6,732
Appropriations 6,734
Section 30.01. OEB OHIO EDUCATIONAL 6,737
TELECOMMUNICATIONS NETWORK COMMISSION 6,737
CAP-001 Educational TV and Radio Equipment $ 3,618,681 6,740
Total Ohio Educational Telecommunications 6,741
Network Commission $ 3,618,681 6,743
Educational Television and Radio Equipment 6,746
The foregoing appropriation item CAP-001, Educational 6,748
Television and Radio Equipment, shall be used to provide 6,749
broadcasting, transmission, and production equipment to Ohio 6,750
public radio and television stations, radio reading services, and 6,751
the Ohio Educational Telecommunications Network Commission.
Section 30.02. BOARD OF REGENTS AND STATE INSTITUTIONS 6,754
OF HIGHER EDUCATION 6,755
BOR BOARD OF REGENTS 6,755
CAP-025 Instructional and Data Processing 6,757
Equipment $ 33,000,000 6,758
CAP-029 Ohio Library and Information Network $ 6,535,000 6,760
CAP-030 Supercomputer Center Expansion $ 14,250,000 6,762
CAP-031 Ohio Aerospace Institute - Building 6,763
Improvements $ 300,000 6,764
CAP-032 Research Facility and Investment Loans 6,765
and Grants $ 20,000,000 6,766
152
CAP-033 Child Care Facilities - Matching 6,767
Grants $ 1,500,000 6,768
CAP-055 Book Depository - OSU $ 1,800,000 6,770
CAP-057 Book Depository - MUN $ 2,200,000 6,772
CAP-060 Technology Initiatives $ 10,000,000 6,774
CAP-061 Central State Rehabilitation $ 4,250,000 6,776
CAP-062 Non-Credit Job Training Facilities 6,777
Grants $ 6,300,000 6,778
CAP-063 Non-Profit Research Capital Support $ 8,000,000 6,780
Total Board of Regents $ 108,135,000 6,782
Section 30.03. Research Facility Investment Loans and 6,785
Grants
The foregoing appropriation item CAP-032, Research Facility 6,787
and Investment Loans and Grants, shall be used for a program of 6,788
grants or revolving loans, or both, to be administered by the 6,790
Board of Regents to provide timely availability of capital 6,791
facilities for research programs and research-oriented
instructional programs at or involving state-supported and 6,792
state-assisted institutions of higher education. 6,793
The Board of Regents shall develop rules in accordance with 6,795
Chapter 119. of the Revised Code relative to the application for 6,796
and approval of projects funded from appropriation item CAP-032, 6,797
Research Facility and Investment Loans and Grants. Such rules 6,798
shall be reviewed and approved by the Legislative Committee on 6,799
Education Oversight. The Board of Regents shall inform the
President of the Senate and the Speaker of the House of 6,801
Representatives of each project application for funding received. 6,802
Each project receiving a commitment for funding by the Board of 6,803
Regents under the rules shall be reported to the President of the
Senate and the Speaker of the House of Representatives. 6,804
Section 30.04. Child Care Facilities - Matching Grants 6,806
The foregoing appropriation item CAP-033, Child Care 6,808
Facilities - Matching Grants, shall be used by the Board of 6,809
Regents to make grants to state-supported or state-assisted 6,810
153
institutions of higher education for projects to expand, 6,811
construct, or renovate space for child care centers. All grants 6,812
shall be awarded on a 50 per cent match basis. In making grant
awards, the Board of Regents shall give priority to: 6,813
(A) Projects located at state-supported or state-assisted 6,816
institutions without child care facilities;
(B) Projects for which the principal clients are children 6,818
of students enrolled at the institution; and 6,819
(C) Projects where the facility will be used as a 6,822
classroom/training lab for child care/preschool certification
programs.
Section 30.05. Technology Initiatives 6,824
In order to determine a method for awarding grants from 6,826
this appropriation item, the Board of Regents shall form a 6,827
consultation group including, but not limited to, representatives 6,828
of state colleges and universities, the Office of Budget and 6,829
Management, the Legislative Budget Office of the Legislative
Service Commission, and the Legislative Office of Education 6,831
Oversight.
Section 30.06. Non-Profit Research Capital Support 6,833
There is hereby created the Non-Profit Research Capital 6,835
Support Task Force which shall consist of the Chancellor of the 6,836
Board of Regents, the Director of Development, and the Director 6,837
of the Governor's Science and Technology Advisory Board. If the 6,838
Governor's Science and Technology Advisory Board ceases to exist, 6,839
the Governor shall appoint a member to the Task Force. Members 6,840
may designate individuals to serve in their absence.
The foregoing appropriation item CAP-063, Non-Profit 6,842
Research Capital Support, shall be used for a program of grants 6,843
or loans to be administered by the Board of Regents for 6,844
partnerships between nonprofit research organizations and
state-supported and state-assisted institutions of higher 6,845
education for capital projects advancing science and technology 6,847
research in Ohio. Such loans and grants shall be awarded based 6,848
154
on a competitive selection process developed and conducted by the 6,849
Non-Profit Research Capital Support Task Force. The Task Force 6,850
may also develop other program guidelines necessary to the
successful implementation of the program including limits on the 6,851
size of grant awards.
Notwithstanding any provisions of law to the contrary, all 6,853
repayments of non-profit research capital support loans shall be 6,854
made to the Bond Service Account in the Higher Education Bond 6,855
Service Trust Fund. Partnership recipients of non-profit 6,856
research capital support loans shall make timely repayments 6,857
according to the schedule established by the Board of Regents.
Section 30.07. Reimbursements for Project Costs 6,859
Appropriations made in Sections 30.02 to 30.06 of this act 6,861
for purposes of costs of capital facilities for the interim 6,862
financing of which the particular institution has previously 6,863
issued its own obligations anticipating the possibility of future 6,864
state appropriations to pay all or a portion of such costs, as 6,865
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 6,866
agent for those outstanding obligations in the full principal 6,867
amount of those obligations then to be paid from the anticipated 6,868
appropriation, and shall be timely applied to the retirement of a 6,869
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 of this act 6,871
for purposes of costs of capital facilities, all or a portion of 6,872
which costs the particular institution has paid from the 6,873
institution's moneys that were temporarily available and which 6,874
payments were reasonably expected to be reimbursed from the 6,875
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 6,877
and shall be timely applied to the reimbursement of those 6,878
temporarily available moneys.
Appropriations 6,880
Section 30.08. UAK UNIVERSITY OF AKRON 6,882
155
CAP-008 Basic Renovations $ 3,427,925 6,885
CAP-049 Basic Renovations - Wayne $ 117,614 6,887
CAP-078 HVAC Replacement, Phase II - Wayne $ 350,000 6,889
CAP-079 Science and Technology Library 6,890
Addition Phase II $ 1,605,000 6,891
CAP-080 University of Akron/Medina Technology 6,892
Link $ 3,200,000 6,893
CAP-081 Classroom/Office Building - Arts & 6,894
Sciences $ 6,420,000 6,895
CAP-082 Polymer Engineering Building Annex $ 2,675,000 6,897
CAP-083 Facilities Enhancements - Wayne $ 325,000 6,899
CAP-084 Physical Education Center Planning $ 100,000 6,901
Total University of Akron $ 18,220,539 6,903
Section 30.09. BGU BOWLING GREEN STATE UNIVERSITY 6,906
CAP-009 Basic Renovations $ 3,247,773 6,909
CAP-054 University Hall Rehabilitation, Phase 6,910
III $ 4,148,000 6,911
CAP-060 Basic Renovations - Firelands $ 182,744 6,913
CAP-083 Central Heating Plant Replacement, 6,914
Phase II $ 1,594,920 6,915
CAP-100 Moseley Hall Rehabilitation $ 1,760,390 6,917
CAP-101 Psychology Building Rehabilitation and 6,918
Asbestos Abatement $ 2,010,000 6,919
CAP-102 Network Infrastructure, Phase I $ 4,500,000 6,921
CAP-103 University Community Center - 6,922
Firelands $ 2,056,440 6,923
Total Bowling Green State University $ 19,500,267 6,925
Section 30.10. CSU CENTRAL STATE UNIVERSITY 6,928
CAP-022 Basic Renovations $ 804,400 6,931
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 6,933
CAP-084 College of Education Facility - 6,934
Planning $ 1,000,000 6,935
Total Central State University $ 4,253,800 6,937
College of Education Facility - Planning 6,940
156
The foregoing appropriation item CAP-084, College of 6,942
Education Facility - Planning, shall not be released by the 6,943
Controlling Board or the Director of Budget and Management until 6,944
Central State University has satisfactorily completed a 6,945
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 6,946
completing the correction of its outstanding adjudication orders 6,947
as issued by the Department of Commerce. Such progress shall 6,948
include the development of a plan to comply with all remaining 6,949
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 6,950
State University's debt service obligation until fiscal year 6,951
2002.
Section 30.11. UCN UNIVERSITY OF CINCINNATI 6,953
CAP-009 Basic Renovations $ 6,594,550 6,956
CAP-018 Basic Renovations - Clermont $ 154,181 6,958
CAP-054 Raymond Walters Renovations $ 223,924 6,960
CAP-128 Science and Allied Health Building - 6,961
Phase II Walters $ 10,600,000 6,962
CAP-174 Classroom/Teaching Laboratory 6,963
Renovations $ 6,100,000 6,964
CAP-176 Network Expansion $ 2,000,000 6,966
CAP-177 Critical Building Component 6,967
Renovations $ 9,000,000 6,968
CAP-204 Center for Health Related Programs $ 5,500,000 6,970
CAP-205 Medical Science Building 6,971
Rehabilitation $ 6,000,000 6,972
CAP-206 One Stop Services Center $ 9,886,650 6,974
CAP-207 Central Campus Infrastructure $ 300,000 6,976
CAP-208 Security System Upgrade $ 300,000 6,978
CAP-209 Library Renovations $ 300,000 6,980
CAP-210 Cincinnati Observatory Center 6,981
Improvements $ 100,000 6,982
157
CAP-211 Cincinnati Symphony Facility 6,983
Improvements $ 600,000 6,984
Total University of Cincinnati $ 57,659,305 6,986
Section 30.12. CLS CLEVELAND STATE UNIVERSITY 6,989
CAP-017 Land Acquisition $ 1,769,670 6,992
CAP-023 Basic Renovations $ 3,166,002 6,994
CAP-067 17th-18th Street Block - College of 6,995
Urban Affairs $ 9,250,000 6,996
CAP-109 Classroom Upgrade $ 3,700,000 6,998
CAP-118 Structural Concrete Rehabilitation $ 2,000,000 7,000
Total Cleveland State University $ 19,885,672 7,002
Section 30.13. KSU KENT STATE UNIVERSITY 7,005
CAP-008 Severance Hall Renovations $ 6,500,000 7,008
CAP-022 Basic Renovations $ 3,415,331 7,010
CAP-105 Basic Renovations - East Liverpool $ 96,642 7,012
CAP-106 Basic Renovations - Geauga $ 48,079 7,014
CAP-107 Basic Renovations - Salem $ 97,125 7,016
CAP-108 Basic Renovations - Stark $ 287,087 7,018
CAP-110 Basic Renovations - Ashtabula $ 175,814 7,020
CAP-111 Basic Renovations - Trumbull $ 226,475 7,022
CAP-112 Basic Renovations - Tuscarawas $ 172,228 7,024
CAP-160 Patterson Building Renovation, Phase 7,025
II - East Liverpool $ 570,980 7,026
CAP-161 Addition to Cunningham Hall $ 8,075,000 7,028
CAP-177 Corporate Education and Conference 7,029
Center, Phase II - Stark $ 1,743,360 7,030
CAP-179 New Power Plant $ 9,569,310 7,032
CAP-196 Technology Improvements - Ashtabula $ 575,000 7,034
CAP-197 Technology Improvements - Geauga $ 60,000 7,036
CAP-198 Technology Improvements - Salem $ 288,310 7,038
CAP-199 Technology Improvements - Trumbull $ 175,000 7,040
CAP-200 Technology Improvements - Tuscarawas $ 75,000 7,042
Total Kent State University $ 32,150,741 7,044
Section 30.14. MUN MIAMI UNIVERSITY 7,047
158
CAP-018 Basic Renovations $ 3,485,145 7,050
CAP-066 Basic Renovations - Hamilton $ 199,222 7,052
CAP-069 Basic Renovations - Middletown $ 222,652 7,054
CAP-070 Chilled Water System - Phase VI $ 1,000,000 7,056
CAP-089 High-Voltage System Phase VI $ 1,000,000 7,058
CAP-098 Computer Network Installation - Phase 7,059
III $ 1,000,000 7,060
CAP-099 King Library Rehabilitation, Phase II $ 1,600,000 7,062
CAP-111 Roudebush Hall Rehabilitation, Phase 7,063
II $ 1,000,000 7,064
CAP-112 Chilled Water Loop Phase I - Hamilton $ 500,000 7,066
CAP-113 Special Academic/Administrative 7,067
Projects - Hamilton $ 469,540 7,068
CAP-114 Chilled Water Loop Phase I - 7,069
Middletown $ 750,000 7,070
CAP-115 Special Academic/Administrative 7,071
Projects - Middletown $ 818,330 7,072
CAP-116 Hughes Hall Rehabilitation - Phase II $ 4,800,000 7,074
CAP-117 North Campus Refrigeration/Chilled 7,075
Water Plant $ 2,800,000 7,076
CAP-123 Phillips Hall Rehabilitation $ 3,000,000 7,078
CAP-124 Bonham House 7,079
Rehabilitation/Multi-Cultural Center
Planning $ 1,200,000 7,080
CAP-125 Environmental Restoration Project $ 1,000,000 7,082
Total Miami University $ 24,844,889 7,084
Section 30.15. OSU OHIO STATE UNIVERSITY 7,087
CAP-074 Basic Renovations $ 15,455,642 7,090
CAP-149 Basic Renovations - Regional Campuses $ 983,419 7,092
CAP-255 Supplemental Renovations - OARDC $ 1,000,000 7,094
CAP-304 Conference Center - OARDC/ATI $ 500,000 7,096
CAP-306 Heart & Lung Institute $ 5,400,000 7,098
CAP-363 School of Architecture Facility $ 9,000,000 7,100
159
CAP-369 Natural Habitat Research Site 7,101
Improvements $ 2,200,000 7,102
CAP-425 Physical Sciences Building $ 20,000,000 7,104
CAP-427 Morrill Hall Renovation - Marion $ 408,000 7,106
CAP-430 Hagerty Hall Rehabilitation $ 18,500,000 7,108
CAP-431 Sisson Hall Replacement $ 17,600,000 7,110
CAP-484 Page Hall Planning $ 700,000 7,112
CAP-485 Botany and Zoology Building Planning $ 1,700,000 7,114
CAP-486 Larkins Hall Addition/Renovation 7,115
Planning $ 3,000,000 7,116
CAP-487 Robinson Laboratory Planning $ 1,000,000 7,118
CAP-488 Don Scott Field Replacement Barns $ 860,310 7,120
CAP-489 Galvin Hall Third Floor Renovation - 7,121
Lima $ 1,118,330 7,122
CAP-490 Founders Addition and Renovation - 7,123
Mansfield $ 850,000 7,124
CAP-491 Horticultural Operations Center - ATI $ 1,560,000 7,126
CAP-492 OARDC Feed Mill $ 5,500,000 7,128
CAP-493 Science and Technology Project $ 4,000,000 7,130
CAP-494 Nicklaus Center $ 1,500,000 7,132
Total Ohio State University $ 112,835,701 7,134
Natural Habitat Research Site Improvements 7,137
The foregoing appropriation item CAP-369, Natural Habitat 7,139
Research Site Improvements, shall be used for facilities that 7,140
provide educational opportunities, research, and activities for 7,141
the conservation of endangered and threatened wildlife. Such 7,142
facilities shall be operated by The Wilds, a not-for-profit 7,143
organization. The Wilds shall cooperate with the Ohio Department 7,144
of Natural Resources, Education, and Development and with Ohio
zoological institutions, colleges and universities, local school 7,145
districts, and appropriate biological interests to achieve the 7,146
above objectives.
Section 30.16. OHU OHIO UNIVERSITY 7,148
CAP-020 Basic Renovations $ 3,970,024 7,151
160
CAP-021 Conservancy District Access and 7,152
Improvements Assessment $ 750,000 7,153
CAP-095 Basic Renovations - Eastern $ 112,113 7,155
CAP-098 Basic Renovations - Lancaster $ 183,549 7,157
CAP-099 Basic Renovations - Zanesville $ 202,175 7,159
CAP-113 Basic Renovations - Chillicothe $ 178,496 7,161
CAP-114 Basic Renovations - Ironton $ 91,952 7,163
CAP-115 Bennett Hall HVAC and Lab Improvements 7,164
- Chillicothe $ 953,030 7,165
CAP-141 College of Health and Human Services 7,166
Renovation $ 12,000,000 7,167
CAP-142 Health Professions Labs - Phase I $ 8,550,000 7,169
CAP-144 Shannon Hall Laboratory 7,170
Rehabilitation, Phase I - Eastern $ 398,040 7,171
CAP-155 Brasee Hall Rehabilitation, Phase I - 7,172
Lancaster $ 516,760 7,173
CAP-160 Center for Public Policy $ 5,000,000 7,175
CAP-172 Elson Hall Rehabilitation, Phase I - 7,176
Zanesville $ 1,136,920 7,177
CAP-186 Ellis Hall Partial Renovation $ 400,280 7,179
CAP-187 Technology Center Planning - Ironton $ 509,760 7,181
CAP-188 Technology Center Construction - 7,182
Ironton $ 2,745,120 7,183
CAP-189 Conference Center Planning - Lancaster $ 600,000 7,185
Total Ohio University $ 38,298,219 7,187
Section 30.17. SSC SHAWNEE STATE UNIVERSITY 7,189
CAP-004 Basic Renovations $ 801,990 7,192
CAP-040 Chiller Replacement $ 836,500 7,194
CAP-041 Kricker Hall Renovation $ 765,000 7,196
CAP-042 Sidewalk/Plaza Replacement $ 150,000 7,198
Total Shawnee State University $ 2,553,490 7,200
Section 30.18. UTO UNIVERSITY OF TOLEDO 7,204
CAP-010 Basic Renovations $ 3,660,456 7,207
CAP-024 Gillham Hall Rehabilitation $ 3,200,000 7,209
161
CAP-076 Education and Allied Professions 7,210
Rehabilitation $ 3,300,000 7,211
CAP-083 Bowman-Oddy Rehabilitation, Phase II $ 1,300,000 7,213
CAP-085 Engineering - Biomedical Lab 7,214
Rehabilitation $ 800,000 7,215
CAP-086 Supplemental Academic Departments 7,216
Renovations $ 1,700,000 7,217
CAP-087 Arrowhead Park Facility $ 2,500,000 7,219
CAP-088 Stranahan Arboretum Addition $ 1,000,000 7,221
CAP-089 Chilled Water Plant $ 4,000,000 7,223
CAP-090 Wolfe Hall Addition $ 2,000,000 7,225
Total University of Toledo $ 23,460,456 7,227
Local Administration of Projects 7,230
Notwithstanding anything to the contrary in sections 9.33, 7,232
123.01, and 3345.50 and Chapter 153. of the Revised Code, the 7,233
University of Toledo may negotiate, enter into, and locally 7,234
administer a contract which combines the design and construction 7,235
elements of the project into a single contract for the Arrowhead
Park Facility, funded herein with an appropriation of $2,500,000, 7,236
and the Scott Park Athletic Facility project to be built with 7,237
local funds.
Section 30.19. WSU WRIGHT STATE UNIVERSITY 7,239
CAP-015 Basic Renovations $ 2,656,315 7,242
CAP-064 Basic Renovations - Lake $ 88,761 7,244
CAP-074 U.S. Air and Trade Show $ 1,000,000 7,246
CAP-075 Aviation Heritage National Historical 7,247
Park Improvements $ 5,050,000 7,248
CAP-092 Allyn Hall Rehabilitation $ 9,200,000 7,250
CAP-103 Millett Hall Rehabilitation $ 1,000,000 7,252
CAP-104 Road and Parking Lot Improvements $ 2,000,000 7,254
Total Wright State University $ 20,995,076 7,256
Section 30.20. YSU YOUNGSTOWN STATE UNIVERSITY 7,259
CAP-014 Basic Renovations $ 2,237,279 7,262
CAP-027 Property Acquisition/Street Closures $ 2,400,000 7,264
162
CAP-040 Bliss Hall Rehabilitation - Final 7,265
Phase $ 2,600,000 7,266
CAP-108 Electronic Campus 7,267
Infrastructure/Technology $ 3,700,000 7,268
CAP-109 Welcome Center - Dana Hall Addition $ 500,000 7,270
Total Youngstown State University $ 11,437,279 7,272
Section 30.21. MCO MEDICAL COLLEGE OF OHIO 7,275
CAP-010 Basic Renovations $ 1,130,777 7,278
CAP-048 Medical Informatics Data Highway $ 1,442,150 7,280
CAP-049 Center for Classrooms of the Future $ 4,000,000 7,282
Total Medical College of Ohio $ 6,572,927 7,284
Section 30.22. NEM NORTHEASTERN OHIO UNIVERSITIES 7,288
COLLEGE OF MEDICINE 7,288
CAP-018 Basic Renovations $ 323,492 7,291
CAP-037 Conference Center Rehabilitation and 7,292
Expansion $ 2,049,813 7,293
CAP-038 Campus Computer Services Network - 7,294
Phase II $ 1,393,500 7,295
Total Northeastern Ohio Universities College 7,296
of Medicine $ 3,766,805 7,298
Section 30.23. CTC CINCINNATI STATE TECHNICAL 7,302
AND COMMUNITY COLLEGE 7,302
CAP-008 Interior Renovations $ 546,000 7,304
CAP-009 Exterior Rehabilitations $ 160,000 7,306
CAP-013 Basic Renovations $ 664,864 7,308
CAP-025 New Telephone Switch Systems $ 330,000 7,310
Total Cincinnati State Technical and 7,311
Community College $ 1,700,864 7,313
Section 30.24. CLT CLARK STATE COMMUNITY COLLEGE 7,315
CAP-006 Basic Renovations $ 411,947 7,318
Total Clark State Community College $ 411,947 7,320
Section 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 7,323
CAP-006 Basic Renovations $ 874,033 7,326
CAP-040 Building "D" Planning $ 1,500,000 7,328
163
CAP-041 Columbus College of Art and Design $ 100,000 7,330
Total Columbus State Community College $ 2,474,033 7,332
Section 30.26. CCC CUYAHOGA COMMUNITY COLLEGE 7,335
CAP-026 Playhouse Square $ 750,000 7,338
CAP-031 Basic Renovations $ 4,136,333 7,340
CAP-033 Ohio College of Podiatric Medicine $ 100,000 7,342
CAP-056 Main Building Addition - Eastern $ 1,206,064 7,344
CAP-064 Technology Learning Center - Western $ 2,205,500 7,346
CAP-066 Renovations to Create New Classrooms - 7,347
Western $ 360,000 7,348
CAP-067 Renovation of Plant Operations/Vehicle 7,349
Maintenance/Storage - Phase I $ 1,335,170 7,351
CAP-070 Implement Interior/Exterior Signage 7,352
Program $ 540,000 7,353
CAP-071 Renovations to East One Building $ 892,500 7,355
Total Cuyahoga Community College $ 11,525,567 7,357
Of the foregoing appropriation item CAP-026, Playhouse 7,360
Square, $500,000 shall be provided to Cuyahoga Community College 7,362
for its prompt use in paying expenditures previously incurred by 7,363
Playhouse Square Foundation, consistent with legal requirements 7,364
then applicable to Foundation contracts, for the designated
project. In addition, $250,000 from the appropriation item shall 7,365
be utilized for improvements to the Allen Theatre. 7,366
Section 30.27. ESC EDISON STATE COMMUNITY COLLEGE 7,368
CAP-006 Basic Renovations $ 217,490 7,371
CAP-018 Master Plan Update $ 50,000 7,373
Total Edison State Community College $ 267,490 7,375
Section 30.28. JTC JEFFERSON COMMUNITY COLLEGE 7,378
CAP-022 Basic Renovations $ 178,852 7,381
CAP-037 Electrical System Evaluation and 7,382
Renovation $ 382,820 7,383
CAP-038 Library Interior Renovation $ 259,020 7,385
CAP-039 Lecture Hall Interior Renovation $ 175,325 7,387
Total Jefferson Community College $ 996,017 7,389
164
Section 30.29. LCC LAKELAND COMMUNITY COLLEGE 7,392
CAP-006 Basic Renovations $ 681,493 7,395
CAP-028 Athletic, Fitness, Teaching 7,396
Center/Family Center Expansion $ 3,165,340 7,397
Total Lakeland Community College $ 3,846,833 7,399
Section 30.30. LOR LORAIN COMMUNITY COLLEGE 7,402
CAP-005 Basic Renovations $ 822,782 7,405
CAP-037 Center for Leadership in Education $ 100,000 7,407
Total Lorain Community College $ 922,782 7,409
Section 30.31. NTC NORTHWEST STATE COMMUNITY COLLEGE 7,412
CAP-003 Basic Renovations $ 143,363 7,415
Total Northwest State Community College $ 143,363 7,417
Section 30.32. OTC OWENS COMMUNITY COLLEGE 7,420
CAP-019 Basic Renovations $ 833,701 7,423
CAP-032 Student Health and Activities Center $ 7,494,520 7,425
Total Owens Community College $ 8,328,221 7,427
Section 30.33. RGC RIO GRANDE COMMUNITY COLLEGE 7,430
CAP-005 Basic Renovations $ 251,640 7,433
CAP-018 Pomeroy Building Renovation $ 50,000 7,435
CAP-019 Wood Working Facility $ 458,000 7,437
CAP-020 School of Business $ 178,000 7,439
Total Rio Grande Community College $ 937,640 7,441
Section 30.34. SCC SINCLAIR COMMUNITY COLLEGE 7,444
CAP-007 Basic Renovations $ 1,637,021 7,447
CAP-044 Demolish Building 18 $ 555,000 7,449
Total Sinclair Community College $ 2,192,021 7,451
Section 30.35. SOC SOUTHERN STATE COMMUNITY COLLEGE 7,454
CAP-010 Basic Renovations $ 216,687 7,457
Total Southern State Community College $ 216,687 7,459
Section 30.36. TTC TERRA STATE COMMUNITY COLLEGE 7,462
CAP-009 Basic Renovations $ 335,437 7,465
CAP-016 Capital Equipment $ 15,949 7,467
Total Terra State Community College $ 351,386 7,469
Section 30.37. WTC WASHINGTON STATE COMMUNITY COLLEGE 7,472
165
CAP-006 Basic Renovations $ 203,731 7,475
Total Washington State Community College $ 203,731 7,477
Section 30.38. BTC BELMONT TECHNICAL COLLEGE 7,480
CAP-008 Basic Renovations $ 184,326 7,483
Total Belmont Technical College $ 184,326 7,485
Section 30.39. COT CENTRAL OHIO TECHNICAL COLLEGE 7,488
CAP-003 Basic Renovations $ 201,646 7,491
Total Central Ohio Technical College $ 201,646 7,493
Section 30.40. HTC HOCKING TECHNICAL COLLEGE 7,496
CAP-019 Basic Renovations $ 409,713 7,499
CAP-034 Student Center - Phase I $ 2,924,325 7,501
Total Hocking Technical College $ 3,334,038 7,503
Section 30.41. LTC LIMA TECHNICAL COLLEGE 7,506
CAP-004 Basic Renovations $ 214,513 7,509
CAP-013 Child Care Facility $ 900,000 7,511
Total Lima Technical College $ 1,114,513 7,513
Section 30.42. MTC MARION TECHNICAL COLLEGE 7,516
CAP-004 Basic Renovations $ 113,316 7,519
CAP-009 Technical Education Center Renovation $ 52,700 7,521
Total Marion Technical College $ 166,016 7,523
Section 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 7,526
CAP-007 Basic Renovations $ 203,491 7,529
Total Muskingum Area Technical College $ 203,491 7,531
Section 30.44. NCC NORTH CENTRAL TECHNICAL COLLEGE 7,534
CAP-003 Basic Renovations $ 352,121 7,537
CAP-018 Fallerius Center Rehabilitation $ 750,000 7,539
Total North Central Technical College $ 1,102,121 7,541
Section 30.45. STC STARK TECHNICAL COLLEGE 7,544
CAP-004 Basic Renovations $ 368,764 7,547
CAP-024 Phase 2 Renovations $ 1,253,252 7,549
CAP-025 Timken Regional Campus Technology 7,550
Project $ 2,500,000 7,551
Total Stark Technical College $ 4,122,016 7,553
Total Board of Regents and 7,554
166
State Institutions of Higher Education $ 549,516,915 7,556
Total Higher Education Improvement Fund $ 553,135,596 7,558
Section 31. Debt Service Formula Allocation 7,561
Based on the foregoing appropriations in Sections 30 and 7,563
30.01 to 30.45 of this act, from Fund 034, Higher Education 7,565
Improvement Fund, the following higher education institutions 7,566
shall be responsible for the specified amounts as part of the
debt service component of the instructional subsidy beginning in 7,568
fiscal year 2000:
Institution Amount 7,570
University of Akron $10,800,000 7,571
University of Akron - Wayne $ 675,000 7,572
Bowling Green State University $14,013,310 7,573
Bowling Green State University - Firelands $ 2,056,440 7,574
Central State University $ 2,449,400 7,575
University of Cincinnati $39,386,650 7,576
University of Cincinnati - Walters $ 3,445,212 7,577
Cleveland State University $16,719,670 7,578
Kent State University $17,644,310 7,579
Kent State University - Ashtabula $ 575,000 7,580
Kent State University - East Liverpool $ 570,980 7,581
Kent State University - Geauga $ 60,000 7,582
Kent State University - Salem $ 288,310 7,583
Kent State University - Stark $ 1,743,360 7,584
Kent State University - Trumbull $ 175,000 7,585
Kent State University - Tuscarawas $ 75,000 7,586
Miami University $18,400,000 7,587
Miami University - Hamilton $ 969,540 7,588
Miami University - Middletown $ 1,568,330 7,589
Ohio State University $80,760,310 7,590
Ohio State University - Lima $ 2,152,620 7,591
Ohio State University - Mansfield $ 850,000 7,592
Ohio State University - Marion $ 408,000 7,593
Ohio State University - ATI $ 1,560,000 7,594
167
Ohio University $26,700,280 7,595
Ohio University - Eastern $ 398,040 7,596
Ohio University - Chillicothe $ 953,030 7,597
Ohio University - Lancaster $ 1,116,760 7,598
Ohio University - Zanesville $ 1,136,920 7,599
Shawnee State University $ 1,751,500 7,600
University of Toledo $19,800,000 7,601
Wright State University $11,300,000 7,602
Youngstown State University $ 9,200,000 7,603
Medical College of Ohio $ 5,442,150 7,604
Northeastern Ohio Universities College of Medicine $ 3,425,580 7,605
Cincinnati State Technical and Community College $ 1,036,000 7,606
Columbus State Community College $ 1,500,000 7,607
Cuyahoga Community College $ 6,800,000 7,608
Edison State Community College $ 50,000 7,609
Jefferson Community College $ 817,165 7,610
Lakeland Community College $ 3,165,340 7,611
Lorain Community College $ 100,000 7,612
Owens Community College $ 3,747,260 7,613
Rio Grande Community College $ 636,000 7,614
Hocking Technical College $ 2,924,325 7,615
Lima Technical College $ 900,000 7,616
Marion Technical College $ 52,700 7,617
North Central Technical College $ 750,000 7,618
Stark Technical College $ 1,253,252 7,619
Institutions not listed above shall not have a debt service 7,622
obligation as a result of these appropriations. 7,623
Within sixty days after the effective date of this section, 7,625
any institution of higher education may notify the Board of 7,626
Regents of its intention not to proceed with any project 7,627
appropriated in this act. Upon receiving such notification, the 7,628
Board of Regents may release the institution from its debt
service obligation for the specific project. 7,629
Section 32. For all of the foregoing appropriation items 7,631
168
from the Higher Education Improvement Fund (Fund 034) that 7,632
require local funds to be contributed by any state-supported or 7,633
state-assisted institution of higher education, the Ohio Board of 7,634
Regents shall not recommend that any funds be released until the 7,635
recipient institution demonstrates to the Board of Regents and 7,636
the Office of Budget and Management that the local funds
contribution requirement has been secured or satisfied. The 7,637
local funds shall be in addition to the foregoing appropriations. 7,638
Section 33. The foregoing capital improvements for which 7,640
appropriations are made from the Higher Education Improvement 7,641
Fund (Fund 034) are determined to be capital improvements and 7,642
capital facilities for state-supported or state-assisted 7,643
institutions of higher education, and are designated as the
capital facilities to which proceeds of obligations in the Higher 7,644
Education Improvement Fund, created by section 154.21 of the 7,645
Revised Code, are to be applied. All such appropriations are 7,646
made to the Ohio Public Facilities Commission for application to 7,647
the purposes for which appropriated through the exercise of its 7,648
powers under Chapter 154. of the Revised Code, including where
appropriate, provisions thereunder for production of revenues and 7,649
receipts for bond service charges on such obligations. 7,650
Section 34. The Ohio Public Facilities Commission is 7,652
hereby authorized to issue and sell, in accordance with the 7,654
provisions of Section 2i of Article VIII, Ohio Constitution, and 7,655
Chapter 154. of the Revised Code, particularly section 154.21 of 7,656
the Revised Code, original obligations in an aggregate principal
amount not to exceed $555,600,000 in addition to the original 7,658
issuance of obligations heretofore authorized by prior acts of 7,659
the General Assembly to pay costs of capital facilities for 7,660
state-supported and state-assisted institutions of higher 7,661
education, the owners or holders of which shall have no right to 7,662
have excises or taxes levied by the General Assembly for the
payment of principal thereof or interest thereon. 7,663
Section 35. None of the foregoing capital improvements 7,665
169
appropriations for state-supported or state-assisted institutions 7,666
of higher education shall be expended until the particular 7,667
appropriation has been recommended for release by the Ohio Board 7,668
of Regents and released by the Director of Budget and Management 7,669
or the Controlling Board. Either the institution concerned, or 7,670
the Ohio Board of Regents with the concurrence of the institution 7,671
concerned, may initiate the request to the Director of Budget and 7,672
Management or the Controlling Board for the release of the 7,673
particular appropriations.
(A) None of the foregoing capital improvement 7,675
appropriations shall be released for planning or for renovation 7,677
or construction or acquisition of capital facilities if the 7,678
institution of higher education or the state does not own the 7,679
real property on which the capital facilities are or will be
located. This restriction does not apply in any of the following 7,680
circumstances:
(1) The institution has a long-term (at least fifteen 7,682
years) lease of, or other interest (such as an easement) in, the 7,683
real property;
(2) The Ohio Board of Regents certifies to the Controlling 7,685
Board that undue delay will occur if planning does not proceed 7,686
while the property or property interest acquisition process 7,687
continues. In this case, funds may be released upon approval of 7,688
the Controlling Board to pay for planning through the development 7,689
of schematic drawings only.
(3) In the case of an appropriation for capital facilities 7,691
for a state-supported or state-assisted institution of higher 7,692
education that, because of their unique nature or location, will 7,693
be owned or will be part of facilities owned by a separate 7,694
nonprofit organization or public body and made available to the 7,695
institution of higher education for its use, the nonprofit
organization or public body either owns or has a long-term (at 7,696
least fifteen years) lease of the real property or other capital 7,697
facility to be improved, renovated, constructed, or acquired and 7,698
170
has entered into a joint or cooperative use agreement, approved 7,699
by the Ohio Board of Regents, with the institution of higher 7,700
education for that institution's use of and right to use the 7,701
capital facilities being financed and, if applicable, improved,
the value of which use or right to use being, as determined by 7,702
the parties, reasonably related to the amount of the 7,703
appropriation.
(B) Any foregoing appropriations which require cooperation 7,705
between a technical college and a branch campus of a university 7,706
may be released by the Controlling Board upon recommendation by 7,707
the Ohio Board of Regents that the facilities proposed by the 7,708
institutions are:
(1) The result of a joint planning effort by the 7,710
university and the technical college, satisfactory to the Ohio 7,711
Board of Regents;
(2) Facilities that will meet the needs of the region in 7,713
terms of technical and general education, taking into 7,714
consideration the totality of facilities which will be available 7,715
after the completion of these projects;
(3) Planned to permit maximum joint use by the university 7,717
and technical college of the totality of facilities which will be 7,718
available after completion of these projects; 7,719
(4) To be located on or adjacent to the branch campus of 7,721
the university.
(C) The Ohio Board of Regents shall adopt rules regarding 7,723
the release of moneys from all the foregoing appropriations for 7,724
capital facilities for all state-supported or state-assisted 7,725
institutions of higher education. Such rules for the release of 7,727
moneys for capital facilities that, because of their unique 7,728
nature or location, will be owned or will be part of facilities
owned by a separate nonprofit organization or public body and 7,729
made available to the institution of higher education for its use 7,730
shall include, as a minimum, provisions that: 7,731
(1) Provide for a joint or cooperative use agreement, 7,733
171
specifying the extent and nature of that use, extending for no 7,734
fewer than fifteen years, to be approved by the Ohio Board of 7,735
Regents; the value of such use or right to use shall be, as 7,736
determined by the parties, reasonably related to the amount of
the appropriation; 7,737
(2) Provide for pro rata reimbursement to the state should 7,739
the arrangement for joint or cooperative use be terminated; 7,740
(3) Provide that procedures to be followed during the 7,742
capital improvement process will comply with appropriate 7,743
applicable state laws and rules, including provisions of this 7,744
act;
(4) Provide for payment or reimbursement to the 7,746
institution of its administrative costs incurred as a result of 7,747
the facilities project, which will be limited to actual direct 7,748
administrative costs incurred as a result of the facilities 7,749
project, as approved by the Office of Budget and Management, but 7,750
in any case not exceeding 1.5 per cent of the appropriated
amount. 7,751
(D) Upon the recommendation of the Ohio Board of Regents, 7,753
the Controlling Board may approve the transfer of appropriations 7,754
for projects requiring cooperation between institutions from one 7,755
institution to another institution with the approval of both 7,756
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, 7,758
the Controlling Board, upon the recommendation of the Ohio Board 7,759
of Regents, may transfer amounts appropriated to the Ohio Board 7,760
of Regents to accounts of state-supported or state-assisted 7,761
institutions created for that same purpose.
Section 36. The requirements of Chapters 123. and 153. of 7,763
the Revised Code, with respect to the powers and duties of the 7,765
Director of Administrative Services, and the requirements of 7,766
section 127.16 of the Revised Code, with respect to the
Controlling Board, shall not apply to projects of community 7,767
college districts and technical college districts. 7,768
172
Section 37. Those institutions locally administering 7,770
capital improvement projects pursuant to section 3345.50 of the 7,771
Revised Code may establish charges for recovering costs directly 7,772
related to project administration as defined by the Director of 7,773
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges 7,774
when such charges are in excess of 1.5 per cent of the total 7,775
construction budget.
Section 38. For those institutions that locally administer 7,777
capital improvement projects pursuant to sections 3345.50 and 7,778
3345.51 of the Revised Code, reimbursement may be made from state 7,779
capital appropriations to the institution for the in-house design 7,780
services performed by the institution for locally administered 7,781
capital projects. Acceptable charges shall be limited to design 7,782
document preparation work that is done by the institution. These
reimburseable design costs shall be shown as "A/E fees" within 7,783
the project's budget that is submitted to the Controlling Board 7,784
or the Director of Budget and Management as part of a request for 7,785
release of funds. The reimbursement for in-house design shall 7,786
not exceed seven per cent of the estimated construction cost. 7,787
Section 39. All items set forth in this section are hereby 7,789
appropriated out of any moneys in the state treasury to the 7,790
credit of the Parks and Recreation Improvement Fund (Fund 035) 7,791
created by division (F) of section 154.22 of the Revised Code, 7,792
derived from the proceeds of obligations heretofore and herein
authorized, to pay costs of capital facilities, as defined in 7,793
section 154.01 of the Revised Code, for parks and recreation. 7,794
Appropriations 7,796
7,798
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 Land Acquisition $ 500,000 7,801
CAP-234 State Parks Campgrounds, Lodges, and 7,802
Cabins $ 2,835,000 7,803
CAP-331 Park Boating Facilities $ 1,090,000 7,805
173
CAP-390 State Park Maintenance Facility 7,806
Development $ 500,000 7,807
CAP-718 Grand Lake St. Mary's State Park $ 500,000 7,809
CAP-748 Local Parks Projects $ 2,000,000 7,811
CAP-787 Scioto Riverfront Improvements $ 12,000,000 7,813
CAP-789 Great Miami Riverfront Improvements $ 2,650,000 7,815
CAP-821 State Park Dredging and Shoreline 7,816
Protection $ 1,350,000 7,817
CAP-874 Statewide Trails Program $ 2,500,000 7,819
CAP-928 Handicapped Accessibility $ 250,000 7,821
CAP-931 Wastewater/Water Systems Upgrade $ 2,000,000 7,823
Total Department of Natural Resources $ 28,175,000 7,825
Total Parks and Recreation Improvement Fund $ 28,175,000 7,827
Statewide Trails 7,830
Of the foregoing appropriation item CAP-874, Statewide 7,832
Trails Program, up to $2,500,000 shall be used for trail 7,833
renovations at Hocking Hills State Park.
Local Parks Projects 7,835
The foregoing appropriation item CAP-748, Local Parks 7,837
Projects, shall be used for Fallen Timbers Battlefield 7,838
Improvements.
Federal Reimbursement 7,840
All reimbursements received from the federal government for 7,842
any expenditures made pursuant to this section shall be deposited 7,843
in the state treasury to the credit of the Parks and Recreation 7,844
Improvement Fund (Fund 035).
Section 40. The foregoing capital improvements for which 7,846
appropriations are made from the Parks and Recreation Improvement 7,847
Fund (Fund 035) are determined to be capital improvements and 7,848
capital facilities for parks and recreation and shall be 7,849
designated as the capital facilities to which proceeds of
obligations in the Parks and Recreation Improvement Fund, created 7,850
by section 154.22 of the Revised Code, are to be applied. All 7,851
such appropriations provided in Section 39 of this act are made 7,852
174
to the Ohio Public Facilities Commission for application to the 7,854
purposes for which appropriated through the exercise of its
powers under Chapter 154. of the Revised Code including, when 7,855
appropriate, provision thereunder for the production of revenues 7,856
and receipts for bond service charges on such obligations and, in 7,857
addition thereto, participation in such capital facilities by 7,858
grants or contributions to 501(c)(3) corporations for such 7,859
facilities.
Section 41. The Ohio Public Facilities Commission is 7,861
hereby authorized to issue and sell, in accordance with the 7,863
provisions of Section 2i of Article VIII, Ohio Constitution, and 7,864
Chapter 154. of the Revised Code, particularly section 154.22 of 7,865
the Revised Code, original obligations in an aggregate principal
amount not to exceed $31,200,000 in addition to the original 7,866
issuance of obligations heretofore authorized by prior acts of 7,867
the General Assembly to pay costs of capital facilities for parks 7,868
and recreation, the owners or holders of which obligations shall 7,869
have no right to have excises or taxes levied by the General 7,870
Assembly for the payment of principal thereof or interest
thereon.
Section 42. (A) No capital improvement appropriations 7,872
made in Section 39 of this act shall be released for planning or 7,873
for improvement, renovation, or construction or acquisition of 7,875
capital facilities if a governmental agency, as defined in
section 154.01 of the Revised Code, does not own the real 7,876
property that constitutes the capital facilities or on which the 7,877
capital facilities are or will be located. This restriction does 7,878
not apply in any of the following circumstances: 7,879
(1) The governmental agency has a long-term (at least 7,881
fifteen years) lease of, or other interest (such as an easement) 7,882
in, the real property;
(2) In the case of an appropriation for capital facilities 7,884
for parks and recreation that, because of their unique nature or 7,885
location, will be owned or be part of facilities owned by a 7,886
175
separate nonprofit organization and made available to the 7,887
governmental agency for its use or operated by the nonprofit
organization under contract with the governmental agency, the 7,888
nonprofit organization either owns or has a long-term (at least 7,889
fifteen years) lease of the real property or other capital 7,890
facility to be improved, renovated, constructed, or acquired and 7,891
has entered into a joint or cooperative use agreement, approved 7,892
by the Department of Natural Resources, with the governmental 7,893
agency for that agency's use of and right to use the capital
facilities to be financed and, if applicable, improved, the value 7,894
of such use or right to use being, as determined by the parties, 7,895
reasonably related to the amount of the appropriation. 7,896
(B) In the case of capital facilities referred to in 7,898
division (A)(2) of this section, the joint or cooperative use 7,899
agreement shall include, as a minimum, provisions that: 7,900
(1) Specify the extent and nature of that joint or 7,902
cooperative use, extending for no fewer than fifteen years, with 7,903
the value of such use or right to use to be, as determined by the 7,904
parties and approved by the approving department, reasonably 7,905
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 7,907
the arrangement for joint or cooperative use by a governmental 7,908
agency be terminated; and
(3) Provide that procedures to be followed during the 7,910
capital improvement process will comply with appropriate 7,911
applicable state laws and rules, including provisions of this 7,912
act.
Section 43. Coal Research and Development Bonds 7,914
The Commissioners of the Sinking Fund, upon the request of 7,916
the Director of the Ohio Coal Development Office with the advice 7,917
of the Technical Advisory Committee created in section 1551.35 of 7,918
the Revised Code and the approval of the Director of Development, 7,919
are hereby authorized to issue and sell, in accordance with 7,920
Section 15 of Article VIII, Ohio Constitution, and section 7,921
176
1555.08 of the Revised Code, bonds or other obligations of the 7,922
State of Ohio heretofore authorized by prior acts of the General 7,923
Assembly. The obligations shall be dated, issued, and sold from 7,924
time to time in such amounts as may be necessary to provide 7,925
sufficient moneys to the credit of the Coal Research and 7,926
Development Fund created in section 1555.15 of the Revised Code 7,927
to pay costs charged to such fund when due as estimated by the 7,928
Director of the Ohio Coal Development Office. 7,929
Section 44. State Capital Improvements Fund 7,931
The Treasurer of State is hereby authorized pursuant to 7,933
section 164.09 of the Revised Code to issue and sell, in 7,934
accordance with Section 2m of Article VIII, Ohio Constitution, 7,935
and sections 164.01 to 164.12 of the Revised Code, original 7,936
obligations of the State of Ohio, heretofore authorized by prior 7,937
acts of the General Assembly. These authorized obligations shall 7,938
be issued and sold from time to time and in amounts necessary to 7,939
assure sufficient moneys to the credit of the State Capital
Improvements Fund (Fund 038) to pay costs charged to that fund, 7,940
as estimated by the Director of Budget and Management. 7,941
Section 45. Each request for release of appropriations for 7,943
any and all capital improvements and capital facilities for which 7,944
appropriations are made in this act from the proceeds of 7,945
obligations in the Sports Facilities Building Fund (Fund 024), 7,946
the Administrative Building Fund (Fund 026), the Adult 7,947
Correctional Building Fund (Fund 027), the Juvenile Correctional 7,948
Building Fund (Fund 028), the Arts Facilities Building Fund (Fund 7,949
030), the Natural Resources Projects Fund (Fund 031), the School 7,950
Building Program Assistance Fund (Fund 032), the Mental Health 7,951
Facilities Improvement Fund (Fund 033), the Higher Education
Improvement Fund (Fund 034), and the Parks and Recreation 7,952
Improvements Fund (Fund 035) shall have the certification of the 7,954
Director of Budget and Management that sufficient General Revenue 7,955
Fund moneys are appropriated for and will be available for rental 7,956
payments to the Ohio Public Facilities Commission, the Treasurer 7,957
177
of State, and the Ohio Building Authority in the then-current 7,959
fiscal biennium relating to obligations or portions of 7,960
obligations issued or to be issued in that fiscal biennium to
fund, in the then-current fiscal biennium, anticipated 7,961
expenditures from these funds associated with the request. This 7,962
requirement is in addition to other requirements under this act 7,963
and the Revised Code. 7,964
Section 46. Certification of Availability of Moneys 7,966
No moneys that require release shall be expended from any 7,968
appropriation contained in this act without certification of the 7,970
Director of Budget and Management that there are sufficient 7,971
moneys in the state treasury in the fund from which the
appropriation is made. Such certification made by the Office of 7,972
Budget and Management shall be based on estimates of revenue, 7,973
receipts, and expenses. Nothing herein shall be construed as a 7,974
limitation on the authority of the Director of Budget and 7,975
Management as granted in section 126.08 of the Revised Code. 7,976
Section 47. The appropriations made in this act for 7,979
buildings or structures, including remodeling and renovations,
are limited to: 7,980
(A) Acquisition of real property; 7,982
(B) Buildings and structures, which includes construction, 7,984
demolition, complete heating, lighting, and lighting fixtures, 7,985
and all necessary utilities, ventilating, plumbing, sprinkling, 7,986
and sewer systems, when such systems are authorized or necessary; 7,987
(C) Architectural, engineering, and professional services 7,989
expenses directly related to the projects; 7,990
(D) Machinery that is a part of structures at the time of 7,992
initial acquisition or construction; 7,993
(E) Equipment that meets all the following criteria: 7,995
(1) The equipment is essential in bringing the facility up 7,997
to its intended use. 7,998
(2) The unit cost of the equipment, and not the individual 8,000
parts of a unit, is about $100 or more. 8,001
178
(3) The equipment has a useful life of five years or more. 8,003
(4) The equipment is necessary for the functioning of a 8,005
particular facility. 8,006
(5) The equipment will be used primarily in the rooms or 8,008
areas covered in the project. 8,009
Equipment, such as motor vehicles, adding machines, 8,011
calculators, dictating machines, computers and computer 8,012
peripherals, typewriters, word processors, or other such items, 8,013
including items used for normal supplies and maintenance, shall 8,014
not be purchased unless it is an integral part of, or directly
related to, the basic purpose or function of a project for which 8,015
moneys are appropriated and meets all the criteria of division 8,016
(E) of this section.
Section 48. Any request for release of capital 8,018
appropriations by the Director of Budget and Management or the 8,019
Controlling Board of capital appropriations for projects, the 8,020
contracts for which are awarded by the Department of 8,021
Administrative Services, as authorized by law, shall contain a 8,022
contingency reserve, the amount of which is to be determined by 8,023
the Department of Administrative Services, for payment of
unanticipated project expenses. Any amount deducted from the 8,024
encumbrance for a contractor's contract as an assessment for 8,025
liquidated damages shall be added to the encumbrance for the 8,026
contingency reserve. Contingency reserve funds shall be used to 8,027
pay costs resulting from unanticipated job conditions, to comply 8,028
with rulings regarding building and other codes, to pay costs 8,029
related to errors or omissions in contract documents, and to pay 8,030
the cost of settlements and judgments related to the project. 8,031
Upon completion of a project, should any funds remain, such 8,033
remaining funds may, upon approval of the Controlling Board, be 8,034
released for the use of the institution to which the 8,035
appropriation was made for another capital facilities project or 8,036
projects. 8,037
Section 49. Agency Administration of Capital Facilities 8,039
179
Projects
Notwithstanding sections 123.01 and 123.15 of the Revised 8,042
Code, the Director of Administrative Services may authorize the
Departments of Mental Health, Mental Retardation and 8,043
Developmental Disabilities, Alcohol and Drug Addiction Services, 8,044
Agriculture, Rehabilitation and Correction, Youth Services, 8,045
Public Safety, Transportation, the Bureau of Employment Services, 8,047
and the Rehabilitation Services Commission to administer any 8,048
capital facilities projects when the estimated cost, including
design fees, construction, equipment, and contingency amounts, is 8,049
less than $1,500,000. Within sixty days after the effective date 8,050
of the section of the act in which the General Assembly initially 8,052
makes an appropriation for the project, the director of the 8,053
respective state agency shall notify the Department of
Administrative Services in writing of its intent to administer a 8,054
project. 8,055
The director of the respective state agency choosing to 8,057
administer a capital facilities project pursuant to this section 8,058
shall comply with the procedures and guidelines established in 8,059
Chapter 153. of the Revised Code. Upon the approval of the 8,061
release of funds by the Controlling Board or the Director of
Budget and Management, these agencies may administer capital 8,063
projects under their jurisdiction without the supervision, 8,064
control, or approval of the Department of Administrative Services 8,065
as specified in those sections.
Section 50. Satisfaction of Judgments and Settlements 8,067
Against the State 8,068
An appropriation contained in this act may be used for the 8,070
purpose of satisfying judgments or settlements in connection with 8,071
civil actions against the state in federal court not barred by 8,072
sovereign immunity or the Eleventh Amendment to the Constitution 8,073
of the United States, or for the purpose of satisfying judgments, 8,074
settlements, or administrative awards ordered or approved by the 8,075
Court of Claims in connection with civil actions against the 8,076
180
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 8,077
appropriations to be applied to or used for payment of guarantees 8,078
by or on behalf of the state, for or relating to lease payments 8,079
or debt service on bonds, notes, or similar obligations and those 8,080
from the Sports Facilities Building Fund (Fund 024), the Highway 8,081
Safety Building Fund (Fund 025), the Administrative Building Fund 8,082
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 8,083
Juvenile Correctional Building Fund (Fund 028), the 8,084
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 8,085
(Fund 031), the School Building Program Assistance Fund (Fund 8,086
032), the Mental Health Facilities Improvement Fund (Fund 033), 8,087
the Higher Education Improvement Fund (Fund 034), the Parks and 8,088
Recreation Improvement Fund (Fund 035), the State Capital 8,089
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 8,091
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 8,092
state to suit in any forum in which it is not otherwise subject 8,093
to suit, nor is it intended to waive or compromise any defense or 8,094
right available to the state in any suit against it. 8,095
Section 51. Notwithstanding section 126.14 of the Revised 8,097
Code, appropriations for appropriation items CAP-002, Local 8,098
Jails, and CAP-003, Community-Based Correctional Facilities, 8,099
appropriated from the Adult Correctional Building Fund (Fund 027) 8,100
to the Department of Rehabilitation and Correction shall be 8,101
released upon the written approval of the Director of Budget and 8,102
Management and the appropriations from the Public School Building 8,104
Fund (Fund 021) and the School Building Program Assistance Fund 8,106
(Fund 032) to the School Facilities Commission may be released by 8,107
the Director of Budget and Management upon presentation of a 8,108
request to release the funds by the executive director of the 8,109
Commission.
181
Section 52. Except as provided in section 4115.04 of the 8,111
Revised Code, no moneys appropriated or reappropriated by the 8,113
122nd General Assembly shall be used for the construction of
public improvements, as defined in section 4115.03 of the Revised 8,114
Code, unless the mechanics, laborers, or workers engaged therein 8,115
are paid the prevailing rate of wages as prescribed in section 8,116
4115.04 of the Revised Code. Nothing in this section shall 8,117
affect the wages and salaries established for state employees 8,118
under the provisions of Chapter 124. of the Revised Code, or 8,119
collective bargaining agreements entered into by the state 8,120
pursuant to Chapter 4117. of the Revised Code, while engaged on 8,121
force account work, nor shall this section interfere with the use 8,122
of inmate and patient labor by the state. 8,123
Section 53. Capital Facilities Leases 8,125
Capital facilities for which appropriations are made from 8,128
the Sports Facilities Building Fund (Fund 024), the
Administrative Building Fund (Fund 026), the Adult Correctional 8,130
Building Fund (Fund 027), the Juvenile Correctional Building Fund 8,131
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may 8,132
be leased by the Ohio Building Authority to the Department of 8,133
Youth Services, the Arts and Sports Facilities Commission, the 8,134
Department of Administrative Services, and the Department of 8,135
Rehabilitation and Correction and other agreements may be made by 8,136
the Ohio Building Authority and the departments with respect to 8,137
the use or purchase of such capital facilities or, subject to the 8,138
approval of the director of the department, or the commission, 8,139
the Ohio Building Authority may lease such capital facilities to, 8,140
and make other agreements with respect to the use or purchase 8,141
thereof with, any governmental agency or nonprofit corporation
having authority under law to own, lease, or operate such capital 8,142
facilities. The director of the department or the commission may 8,144
sublease such capital facilities to, and make other agreements 8,145
with respect to the use or purchase thereof with, any such 8,146
governmental agency or nonprofit corporation, which may include 8,147
182
provisions for transmittal of receipts of that agency or 8,148
nonprofit corporation of any charges for the use of such 8,149
facilities, all upon such terms and conditions as the parties may 8,150
agree upon and any other provision of law affecting the leasing, 8,151
acquisition, or disposition of capital facilities by such 8,152
parties.
Section 54. The Director of Budget and Management shall 8,154
authorize both of the following: 8,155
(A) The initial release of moneys for projects from the 8,157
Sports Facilities Building Fund (Fund 024), the Highway Safety 8,158
Building Fund (Fund 025), the Administrative Building Fund (Fund 8,159
026), the Adult Correctional Building Fund (Fund 027), the 8,160
Juvenile Correctional Building Fund (Fund 028), the 8,161
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 8,162
(Fund 031), the School Building Program Assistance Fund (Fund 8,163
032), the Mental Health Facilities Improvement Fund (Fund 033), 8,164
the Higher Education Improvement Fund (Fund 034), and the Parks 8,165
and Recreation Fund (Fund 035);
(B) The expenditure or encumbrance of moneys from any 8,168
other fund into which proceeds of obligations are deposited, only 8,169
after determining to the director's satisfaction that either of 8,170
the following has occurred: 8,171
(1) The application of such moneys to the particular 8,174
project will not negatively affect any exemption or exclusion of 8,175
the interest on obligations, issued to provide moneys to the 8,176
particular fund, from federal income tax under federal law and 8,177
regulations at the time in effect or pending with retroactive 8,178
effect;
(2) Moneys for the project will come from the proceeds of 8,181
obligations the interest on which is not so excluded or exempt 8,182
and which have been authorized as "taxable obligations" by the 8,183
issuing authority. The director shall report any nonrelease of 8,184
moneys pursuant to this section to the Governor, the presiding 8,185
183
officer of each house of the General Assembly, and the agency for 8,186
the use of which the project is intended. 8,187
Section 55. No appropriation for a health care facility 8,189
authorized under this act may be released until the requirements 8,190
of sections 3702.51 to 3702.68 of the Revised Code have been met. 8,191
Section 56. Any increase in appropriation authority by the 8,193
Director of Budget and Management pursuant to division (B) of 8,194
section 153.17 of the Revised Code is hereby appropriated. 8,195
Section 57. All proceeds received by the state as a result 8,197
of litigation, judgments, settlements, or claims, filed by or on 8,198
behalf of any state agency as defined by section 1.60 of the 8,199
Revised Code or state-supported or state-assisted institution of 8,200
higher education, for damages or costs resulting from the use, 8,201
removal, or hazard abatement of asbestos materials shall be 8,202
deposited in the Asbestos Abatement Distribution Fund. All funds 8,203
deposited into the Asbestos Abatement Distribution Fund (Fund 8,204
674) are hereby appropriated to the Attorney General. To the 8,205
extent practicable, the proceeds placed in the Asbestos Abatement 8,206
Distribution Fund shall be divided among the state agencies and 8,207
state-supported or state-assisted institutions of higher 8,208
education in accordance with the general provisions of the 8,209
bankruptcy orders, settlement agreements, or judgments in the 8,210
litigation regarding the percentage of recovery. Distribution 8,211
of the proceeds to each state agency or state-supported or 8,212
state-assisted institution of higher education shall be made in 8,213
accordance with the Asbestos Abatement Distribution Plan to be 8,214
developed by the Attorney General, the Division of Public Works 8,215
within the Department of Administrative Services, and the Office 8,216
of Budget and Management. 8,217
In those circumstances where asbestos litigation proceeds 8,219
are for reimbursement of expenditures made with funds outside the 8,220
state treasury or damages to buildings not constructed with state 8,221
appropriations, direct payments shall be made to the affected 8,222
institutions of higher education. Any proceeds received for 8,223
184
reimbursement of expenditures made with funds within the state 8,224
treasury or damages to buildings occupied by state agencies shall 8,225
be distributed to the affected agencies with an intrastate 8,226
transfer voucher to the funds identified in the Asbestos 8,227
Abatement Distribution Plan. 8,228
Such proceeds shall be used for additional asbestos 8,230
abatement or encapsulation projects, or for other capital 8,231
improvements except that proceeds distributed to the General 8,232
Revenue Fund and other funds that are not bond improvement funds 8,233
may be used for any purpose. The Controlling Board may, for bond 8,234
improvement funds, create appropriation items or increase 8,235
appropriation authority in existing appropriation items equaling 8,236
the amount of such proceeds. Such amounts approved by the 8,237
Controlling Board are hereby appropriated. Such proceeds 8,238
deposited in bond improvement funds shall not be expended until 8,239
released by the Controlling Board, which shall require 8,240
certification by the Director of Budget and Management that such 8,241
proceeds are sufficient and available to fund the additional 8,242
anticipated expenditures. 8,243
Section 58. No investment income earned on the Sports 8,245
Facilities Building Fund (Fund 024), the Highway Safety Building 8,246
Fund (Fund 025), the Administrative Building Fund (Fund 026), the 8,247
Adult Correctional Building Fund (Fund 027), the Juvenile 8,248
Correctional Building Fund (Fund 028), the Transportation
Building Fund (Fund 029), the Arts Facilities Building Fund (Fund 8,250
030), the Natural Resources Projects Fund (Fund 031), the School 8,252
Building Program Assistance Fund (Fund 032), the Mental Health 8,253
Facilities Improvement Fund (Fund 033), the Higher Education 8,254
Improvement Fund (Fund 034), the Parks and Recreation Fund (Fund
035), the State Capital Improvement Fund (Fund 038), the Highway 8,255
Obligation Fund (Fund 041), the Coal Research/Development Fund 8,256
(Fund 046), and any other state fund into which proceeds of 8,257
obligations are deposited shall be encumbered or spent from those 8,259
funds until a certificate is provided by the issuer of the 8,260
185
obligations which certifies to the Director of Budget and 8,261
Management that there are sufficient moneys available from the 8,262
investment income or from other sources to make any required 8,263
payments to the federal government contemplated by the applicable 8,264
bond proceedings. The Director of Budget and Management may
authorize the investment income in excess of those requirements 8,266
to be encumbered or spent from those funds. This requirement is 8,267
in addition to any other requirement under this act, the Revised 8,268
Code, or the applicable bond or note proceedings. 8,269
Section 59. The capital improvements for which 8,271
appropriations are made in this act from the Sports Facilities 8,272
Building Fund (Fund 024), the Administrative Building Fund (Fund 8,274
026), the Adult Correctional Building Fund (Fund 027), the 8,275
Juvenile Correctional Building Fund (Fund 028), the Arts 8,277
Facilities Building Fund (Fund 030), and the School Building 8,278
Program Assistance Fund (Fund 032) are determined to be capital 8,279
improvements and capital facilities for housing state agencies 8,280
and branches of state government and are designated as capital 8,281
facilities to which proceeds of obligations issued under Chapter 8,282
152. of the Revised Code are to be applied. 8,283
Section 60. Upon the request of the agency to which a 8,285
capital project appropriation item is appropriated, the Director 8,286
of Budget and Management may transfer open encumbrance amounts 8,287
between separate encumbrances for the project appropriation item 8,288
to the extent that any reductions in encumbrances are agreed to 8,289
by the contracting vendor and the agency. 8,290
Section 61. In determining "aggregate principal amount" 8,293
for purposes of sections of this act authorizing the issuance of 8,294
obligations, and the sections of prior acts referred to in those 8,296
sections, the principal amount of a "capital appreciation bond" 8,297
as defined in division (C) of section 3334.01 of the Revised Code 8,298
means its face amount, and of a "zero coupon bond" as defined in 8,299
division (K) of section 3334.01 of the Revised Code means the 8,300
discounted offering price at which the bond is initially sold to 8,301
186
the public, disregarding any purchase price discount to the 8,302
original purchaser if provided for pursuant to the authorizing 8,303
law of the Revised Code. 8,304
Section 62. Public School Building Fund 8,306
When requested to do so by the Executive Director of the 8,308
School Facilities Commission, the Controlling Board may increase 8,309
appropriations in the Public School Building Fund (Fund 021) 8,310
based on revenues received by the fund, including cash transfers 8,311
and interest that may accrue to the fund.
Section 63. Interest Earnings 8,313
All investment earnings credited to the Public School 8,315
Building Fund (Fund 021) and the School Building Program 8,316
Assistance Fund (Fund 032) prior to the effective date of this 8,317
section shall be retained by the funds.
Section 64. Low and Moderate Income Housing Trust Fund 8,319
Within thirty days after the effective date of this 8,321
section, the Director of Budget and Management shall transfer 8,322
$250,000 in cash from Fund 027, Adult Correctional Building Fund, 8,323
to Fund 646, Low and Moderate Income Housing Trust Fund, and the 8,324
amount is hereby appropriated to appropriation item 195-638, Low
and Moderate Income Housing Trust Fund. Notwithstanding the 8,325
eligibility standards that otherwise apply to recipients of 8,326
assistance from the Low and Moderate Income Housing Trust Fund, 8,327
this $250,000 appropriation shall be used to provide grants for 8,328
the beautification, painting, and cleanup of houses and
properties bordering the Water Tower Park site in Cleveland. 8,329
Section 65. GRF Transfers to the Public School Building 8,331
Fund
Within thirty days after the effective date of this 8,333
section, the Director of Budget and Management shall transfer 8,334
$139,000,000 from the General Revenue Fund to Fund 021, the 8,336
Public School Building Fund.
Section 66. Great Lakes Science Center - Per Cent for Arts 8,338
Reimbursement 8,339
187
Notwithstanding sections 127.16 and 3379.10 of the Revised 8,341
Code, within thirty days after the effective date of this 8,342
section, encumbrance 991810, in the amount of $50,000, which was 8,343
established in the name of the Ohio Arts Council in the state's 8,344
central accounting system in fiscal year 1996 by Cleveland State 8,345
University, shall be paid to the Great Lakes Science Center by
Cleveland State University. The payment reimburses the Center 8,346
for art purchased by the Center in lieu of its formal 8,347
participation in the Per Cent for Arts Program. 8,348
Section 67. Capital Donations Fund 8,350
Within forty-five days after the effective date of this 8,352
section, the Director of Budget and Management, in consultation 8,353
with the Executive Director of the Ohio Arts and Sports 8,354
Facilities Commission, shall determine the unencumbered and 8,355
unallotted balance of the amount in the Capital Donations Fund
(Fund 5A1) appropriation item 371-602. The Director of Budget 8,356
and Management shall transfer appropriations in that amount from 8,357
appropriation item 371-602, Capital Donations Fund, to a new 8,358
appropriation item CAP-602, Capital Donations Fund. The Director 8,359
of Budget and Management may cancel encumbrances and reestablish 8,360
such encumbrances or parts of encumbrances, in the appropriate
appropriation item and for the same purpose and vendor, as needed 8,361
in Fund 5A1. As determined by the director, the appropriation 8,362
authority necessary to establish such encumbrances in a different 8,363
appropriation item is hereby authorized and appropriated. 8,364
Section 68. Capital Donations Fund Certifications and 8,366
Appropriations
The Executive Director of the Arts and Sports Facilities 8,368
Commission shall certify to the Director of Budget and Management 8,369
the amount of cash receipts and related investment income, 8,370
irrevocable letters of credit from a bank, or certification of 8,371
the availability of funds which have been received from a county 8,372
or a city auditor for deposit to the Capital Donations Fund.
These amounts are hereby appropriated to appropriation item 8,373
188
CAP-602, Capital Donations, in Fund 5A1, Capital Donation Fund. 8,374
Prior to certifying these amounts to the Director, the Executive 8,375
Director shall make a written agreement with the participating 8,376
entity on the necessary cash flows required for the anticipated 8,377
construction or equipment acquisition project.
Section 69. Reissuance of Voided Warrants 8,379
In order to provide funds for the reissuance of voided 8,381
warrants pursuant to section 117.47 of the Revised Code, there is 8,382
hereby appropriated, out of moneys in the state treasury from the 8,383
fund credited as provided in section 117.47 of the Revised Code, 8,384
that amount sufficient to pay such warrants when approved by the 8,385
Office of Budget and Management.
Section 70. Central State Deficit Funds for FY 1999 8,387
In addition to the provisions of division (B) of section 8,389
99.14 of Am. Sub. H.B. 215 of the 122nd General Assembly, with 8,390
the approval of the Director of Budget and Management the 8,391
encumbered appropriations remaining from appropriation item 8,392
042-407, Central State Deficit, that are not needed for 8,393
non-recurring expenses may be disbursed in fiscal year 1999 for 8,394
recurring operating expenses.
Section 71. Cash Transfers From Obsolete Funds 8,396
Notwithstanding any other provision of law to the contrary, 8,398
within thirty days after the effective date of this section, the 8,399
Director of Budget and Management shall determine the cash 8,401
balances in the following obsolete funds, which were abolished by 8,402
prior legislation, and transfer such balances to the funds
indicated: 8,403
Obsolete Fund Number and Name Transfer Cash Balance to This 8,406
Fund
Fund 495 State Acceptors Fund Fund 4T6 Poultry and Meat 8,408
Products Fund
Fund 4D3 Cosmetology Fund 4K9 Occupational 8,410
Adjudication Fund Licensing and
Regulatory Fund 8,411
189
Fund 4K0 Beverage Tax General Revenue Fund 8,413
Administrative Fund
Section 72. Area Agency on Aging Region 9, Inc. 8,416
(A) Appropriation item 490-418, Area Agency on Aging 8,418
Region 9, Inc., as established by the Controlling Board in fiscal 8,419
year 1999, may be used to make grants to the Area Agency on Aging 8,420
Region 9, Inc. for the purpose of resolving a projected deficit 8,421
and assuring continued services of Department of Aging related 8,422
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 8,424
1, 1999, the Director of Aging shall certify to the Director of 8,425
Budget and Management the amount of deficit expenditures incurred 8,426
during the current biennium by the Area Agency on Aging Region 9, 8,427
Inc. If the amount of the grants are greater than the certified 8,428
deficit, Area Agency on Aging Region 9, Inc. shall pay to the 8,429
Director of Aging any amount granted to it under this provision 8,430
that exceeds the certified deficit. In the event of the recovery 8,431
of any moneys related to the deficit after the deficit has been 8,432
certified, the Area Agency on Aging Region 9, Inc. shall repay to 8,433
the Director of Aging the amount recovered. The Director of
Aging shall deposit any repayment under this section to the 8,434
credit of the General Revenue Fund. 8,435
(B) This section is not subject to the referendum. 8,437
Therefore, under Ohio Constitution, Article II, Section 1d and 8,438
section 1.471 of the Revised Code, this section goes into 8,439
immediate effect when this act becomes law.
Section 73. Moratorium on Increases of Per Diem Payments 8,441
to Medicaid Providers 8,442
The Ohio Department of Human Services shall not grant 8,444
extreme circumstance or extreme hardship rate increases pursuant 8,445
to section 5111.29 of the Revised Code to otherwise qualifying 8,446
facilities as a result of workers' compensation premium increases 8,447
incurred during the period January 1, 1999, through December 31, 8,448
190
2000, unless the department first offsets the amount of any
workers' compensation rebate received by the facility in calendar 8,449
year 1998 against the amount of the workers' compensation premium 8,450
prompting the request.
Section 74. Sections 3 to 73 of this act shall remain in 8,452
full force and effect commencing on the effective date of this 8,454
section and terminating on June 30, 2000, for the purpose of 8,455
drawing money from the state treasury in payment of liabilities 8,456
lawfully incurred hereunder, and on June 30, 2000, and not
before, the moneys hereby appropriated shall lapse into the funds 8,457
from which they are severally appropriated. 8,458
Section 75. (A) The Governor is hereby authorized to 8,460
execute a deed in the name of the State conveying to the Apple 8,462
Creek Volunteer Fire Department and Emergency Squad, Inc., Wayne 8,464
County, Ohio, and its successors and assigns, all of the state's
right, title, and interest in the following described real 8,465
estate:
Being situated in the State of Ohio, County of Wayne, Township of 8,467
East Union, Range 12 West, Township 16 North, Southwest Quarter 8,468
of Section 21, presently in the name of State of Ohio as recorded 8,469
in the Wayne County Records of Deeds Volume 207, page 220, and 8,470
more fully described as follows:
Commencing for reference at a railroad spike set marking the 8,472
northwest corner of the southwest quarter of Section 21 and in 8,473
the center line of Apple Creek Road - C.R. 44; 8,474
1. Along the west line of said quarter Section 8,477
and along said center line S 00°56'41" W 8,478
1681.65 feet to a railroad spike set and the
true place of beginning; 8,479
Thence courses 2 and 3 subdividing land presently in the name of 8,482
State of Ohio (V. 207, P. 220): 8,483
2. S 89°22'50" E 515.35 feet to an iron pin set 8,486
and passing through an iron pin set at 30.00 8,487
feet;
191
3. S 00°56'41" W 211.32 feet to an iron pin set 8,488
on the north line of land presently in the 8,489
name of Board of Trustees of East Union Twp.
(O.R. 54, P. 442); 8,490
4. Along said north line N 89°22'50" W 515.35 8,491
feet to a P.K. nail found on the west line of 8,492
the southwest quarter of Section 21 and in
the center line of Apple Creek Road - C.R. 44 8,493
and passing through an iron pin found at 8,494
485.35 feet;
5. Along said lines N 00°56'41" E 211.32 feet to 8,495
the true place of beginning. 8,496
This survey contains 2.500 acres (2.354 acres outside road 8,499
right-of-way), is subject to all easements of record, its 8,500
bearings are established from Survey "JJ"-200 and are to denote 8,501
angular measurement only, and is a description of a field survey 8,502
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 8,503
I.D. caps. Iron pins found are 5/8" re-bar unless otherwise 8,504
noted.
(B) Consideration for conveyance of the real estate 8,506
described in division (A) of this section is a purchase price of 8,507
$20,000.00.
(C) Upon payment of the purchase price, the Auditor of 8,509
State, with the assistance of the Attorney General, shall prepare 8,510
a deed to the real estate described in division (A) of this 8,511
section. The deed shall state the consideration. The deed shall 8,513
be executed by the Governor in the name of the State,
countersigned by the Secretary of State, sealed with the Great 8,514
Seal of the State, presented in the Office of the Auditor of 8,515
State for recording, and delivered to the Apple Creek Volunteer 8,516
Fire Department and Emergency Squad, Inc. The Apple Creek 8,517
Volunteer Fire Department and Emergency Squad, Inc., shall 8,518
present the deed for recording in the Office of the Wayne County 8,519
192
Recorder.
(D) The Apple Creek Volunteer Fire Department and 8,521
Emergency Squad, Inc., shall pay the costs of the conveyance of 8,523
the real estate described in division (A) of this section. 8,524
(E) This section expires one year after its effective 8,526
date.
Section 76. (A) The Governor is hereby authorized to 8,528
execute deeds in the name of the state as follows: (1) the 8,530
first conveying to the Cambridge City School District and its 8,531
successors and assigns all of the state's right, title, and
interest in the real estate described in this division as Parcel 8,532
One, and (2) the second conveying to Cambridge Township and its 8,533
successors and assigns all of the state's right, title, and 8,534
interest in the real estate described in this division as Parcel 8,535
Two.
Parcel One 8,537
Situated in the Township of Cambridge, County of Guernsey, 8,539
State of Ohio and being 62.554 acres in the northwest and 8,540
southwest quarters of section 3 of Township 2 north Range 3 west 8,541
of the United States Military District and being more 8,542
particularly described as follows,
BEGINNING at a magnail/flasher set in County road 35 at the 8,544
northeast corner of the southwest quarter of said section 3 8,546
thence with said County road and with the lands of James H and 8,547
Mary E Thorn as recorded in deed volume 365 page 930 and the 8,548
lands of William J Craft as recorded in official records volume
49 page 906 the next two calls, 8,549
1) S 01° 40' 04" W a distance of 536.21 feet to a point, 8,551
said point being referenced by an iron pin set which bears N 88° 8,552
53' 11" W a distance of 20.00 feet. 8,553
2) thence with a curve to the right having the following 8,555
properties, Delta = 32° 12' 34", Radius = 572.96 feet and a chord 8,556
that bears S 17° 13' 06" W a distance of 317.87 feet to a point, 8,558
said point being referenced by an iron pin set which bears N 56° 8,559
193
40' 37" W a distance of 40.00 feet thence continuing with said 8,560
county road and with the lands of James A. and Laurie J Endly as 8,561
recorded in Official Records Volume 107 page 857 S 35° 58' 38" W
a distance of 221.14 feet to a point, said point being referenced 8,562
by an iron pin set which bears N 59° 19' 42" W a distance of 8,563
40.00 feet thence continuing with said county road and with the 8,564
lands of Larry J. Sr. and Thelma Burt as recorded in Deed Volume 8,565
372 page 884 and with the lands of Robert S. and Violet J. 8,566
Goddard as recorded in official records volume 93 page 404 the
next two calls, 8,567
1) thence with a curve to the left having the following 8,569
properties, Delta = 86° 40' 41", Radius = 197.00 feet and a chord 8,570
that bears S 12° 40' 03" E a distance of 270.41 feet to a point, 8,571
said point being referenced by an iron pin set which bears S 33° 8,572
59' 37" W a distance of 20.00 feet
2) S 51° 30' 23" E a distance of 182.13 feet to a point 8,574
thence leaving said road and with the lands of Warren D. and 8,575
Janesa M. High as recorded in Official Records Volume 31 page 218 8,576
the next two calls.
1) S 01° 37' 08" W a distance of 902.56 feet to a 5/8 inch 8,578
capped rebar found having passed through a 5/8 inch capped rebar 8,579
found at 40.60 feet.
2) S 01° 37' 08" W a distance of 400.00 feet to a point on 8,581
the north bank of Wills Creek thence with the north bank of said 8,582
Wills Creek and with the lands of Luetta Mae and Joseph T. Goggin 8,583
as recorded in Official Records Volume 85 page 199 the next three 8,584
calls,
1) N 35° 18' 52" W a distance of 678.76 feet to a point. 8,586
2) N 18° 55' 52" W a distance of 307.51 feet to a point. 8,588
3) N 04° 21' 52" W a distance of 478.84 feet to a point 8,590
thence continuing with the lands of said Goggin and with a line 8,592
in said Wills Creek N 59° 55' 02" W a distance of 1382.71 feet to 8,593
a point thence leaving said creek and with a line through the 8,594
lands of The State of Ohio as recorded in deed volume 215 page 8,595
194
522 the next seven calls,
1) N 27° 22' 08" E a distance of 100.00 feet to a 5/8 inch 8,597
rebar found capped "USA781WR" 8,598
2) N 38° 42' 39" E a distance of 447.15 feet to an iron 8,600
pin set.
3) N 01° 22' 17" E a distance of 280.00 feet to a magnail 8,602
set in the center of a private paved road having passed through 8,603
an iron pin set at 260.00 feet. 8,604
4) N 88° 37' 43" W a distance of 55.00 feet to a magnail 8,606
set in the center of a private paved road. 8,607
5) N 01° 30' 00" E a distance of 266.59 feet to a magnail 8,609
set in the center of a private paved road. 8,610
6) S 88° 38' 06" E a distance of 620.16 feet to a magnail 8,612
set in the center of a private paved road. 8,613
7) S 88° 38' 06" E a distance of 905.48 feet to a point in 8,615
county road 35 having passed through iron pins set at 300.00 feet 8,616
and 855.48 feet thence with a line in said county road and with 8,617
the lands of Jack D. McWilliams as recorded in Deed Volume 277 8,618
page 633 S 02° 07' 52" W a distance of 266.78 feet to the 8,619
BEGINNING and containing 62.554 acres and being a part of the
property conveyed to the State of Ohio in Deed Volume 215 page 8,620
522. 9.331 acres being in said northwest quarter and 53.223 8,621
acres being in said southwest quarter. 8,622
Subject to all leases or easements of record. Iron pins 8,624
set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884". 8,625
Bearings are true and are based on a solar observation. A survey 8,626
of the above described property was made on October 19, 1998 by 8,627
Steven L. Gardner, registered surveyor #6884.
Parcel Two 8,629
Situated in the Township of Cambridge, County of Guernsey, 8,631
State of Ohio and being 15.842 acres in the southwest quarter of 8,632
section 3 of Township 2 north Range 3 west of the United States 8,633
Military District and being more particularly described as 8,634
follows,
195
Commencing at a magnail/flasher set in County road 35 at 8,636
the northeast corner of the southwest quarter of said section 3 8,637
thence N 88° 37' 43" W a distance of 1467.70 feet to a magnail 8,638
set in a private road the BEGINNING thence with a line through 8,639
the lands of The State of Ohio as recorded in Deed Volume 215 8,640
page 522 the next three calls,
1) S 01° 22' 17" W a distance of 280.00 feet to an iron 8,642
pin set having passed through an iron pin set at 20.00 feet. 8,643
2) S 38° 42' 39" W a distance of 447.15 feet to a 5/8 inch 8,645
rebar found capped "USA781WR" 8,646
3) S 27° 22' 08" W a distance of 100.00 feet to a point in 8,648
Wills Creek thence with a line in said Wills Creek and with the 8,649
lands of Luetta Mae and Joseph T. Goggin as recorded in Official 8,650
Records Volume 85 page 199 the next two calls, 8,651
1) N 69° 11' 17" W a distance of 573.29 feet to a point 8,653
said point being referenced by an iron pin set which bears N 16° 8,654
13' 06" E a distance of 59.52 feet. 8,655
2) N 78° 10' 52" W a distance of 402.96 feet to a point 8,657
thence leaving said creek and with the west line of said 8,658
southwest quarter N 02° 21' 33" E a distance of 461.58 feet to a 8,659
magnail set in the center of a private road having passed through 8,660
iron pins set at 31.58 feet and 441.58 feet thence with the 8,661
center of said private road the next two calls,
1) S 88° 37' 43" E a distance of 1188.97 feet to a magnail 8,663
set.
2) S 88° 37' 43" E a distance of 55.00 feet to the 8,664
BEGINNING and containing 15.842 acres and being a part of the 8,665
property conveyed to the State of Ohio in Deed Volume 215 page 8,666
522.
Subject to all leases or easements of record. Iron pins 8,668
set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884". 8,669
Bearings are true and are based on a solar observation. A survey 8,670
of the above described property was made on October 19, 1998 by 8,671
Steven L. Gardner, registered surveyor #6884.
196
(B) Consideration for conveyance of the real estate 8,673
described in division (A) of this section shall be cash or 8,674
services, or a combination of cash and services, as agreed to by 8,675
the Cambridge City School District, Cambridge Township, and the 8,676
Department of Mental Health in the Memorandum of Agreement
described in division (D) of this section, the value of which 8,677
shall be $105,225. 8,678
(C) The Cambridge City School District and Cambridge 8,680
Township shall pay the costs of the conveyance of the real estate 8,681
described in division (A) of this section. Cash proceeds from 8,682
the sale shall be deposited in the Department of Mental Health 8,683
Trust Fund in accordance with section 5119.18 of the Revised
Code. 8,684
(D) Within thirty days after the effective date of this 8,686
section, the Cambridge City School District, Cambridge Township, 8,687
and the Department of Mental Health shall enter into a Memorandum 8,688
of Agreement outlining the financing plan for the type and 8,689
payment of consideration to the state and the time frame for 8,690
closing of the property. If the parties fail to comply with this 8,691
requirement within such thirty days, or within an extended time
frame agreed to by the state, by and through the Department of 8,692
Mental Health, the state may immediately terminate its obligation 8,693
to proceed with the conveyance of the real estate described in 8,694
division (A) of this section.
(E) Within one year after the effective date of this 8,696
section, and upon either payment of any cash portion of the 8,697
purchase price or the memorialization of the agreement for the 8,698
provision of services by the Cambridge City School District and 8,699
Cambridge Township, or both payment and memorialization, the
Auditor of State, with the assistance of the Attorney General, 8,700
shall prepare the deeds to the real estate described in division 8,701
(A) of this section. One deed shall be for the conveyance to the 8,702
Cambridge City School District of the real estate described in 8,703
division (A) of this section as Parcel One, and the other deed 8,704
197
shall be for the conveyance to Cambridge Township of the real
estate described in division (A) of this section as Parcel Two. 8,705
The deeds shall state the consideration specified in division (B) 8,706
of this section and the costs described in division (C) of this 8,707
section. The deeds shall be executed by the Governor in the name 8,708
of the state, countersigned by the Secretary of State, sealed 8,709
with the Great Seal of the State, and presented in the Office of 8,710
the Auditor of State for recording. The deed for Parcel One
shall be delivered to the Cambridge City School District, and the 8,711
deed for Parcel Two shall be delivered to Cambridge Township. 8,712
The Cambridge City School District and Cambridge Township shall 8,713
present the deeds for recording in the Office of the Guernsey 8,714
County Recorder.
(F) This section shall expire one year after its effective 8,716
date.
Section 77. (A) The Governor is hereby authorized to 8,718
execute a deed in the name of the state conveying to Muskingum 8,719
Area Adolescent Treatment Services, Inc., and its successors and 8,720
assigns all of the state's right, title, and interest, including 8,721
mineral rights, in the following described real estate known as 8,722
the Thompkins Center, located in Guernsey County, and further 8,723
described as follows: 8,724
Tract One 8,726
Situated in the City of Cambridge in the County of Guernsey 8,728
and the State of Ohio: Known as and being Lots numbered Seven 8,729
(7) and Eight (8) in Block One (1) in the Urban Terrace Addition 8,730
to the City of Cambridge, Ohio, as will appear in the recorded 8,731
plat thereof, and subject to the restrictions, covenants and 8,732
conditions of said addition.
Deed reference: Volume 339, page 18 8,734
Tract Two 8,736
Situated in the City of Cambridge, County of Guernsey and 8,738
State of Ohio: Known as and being Lots Nine (9) and Ten (10) in 8,739
Block One (1) in Urban Terrace Addition to said City of 8,740
198
Cambridge, as said lots are marked and delineated on the recorded 8,741
plat of said addition on file and of record in Plat Book 8, Pages 8,742
27, 28 and 29, in the Office of the Recorder of said County and 8,743
State.
Said lots and parcels thereof are conveyed upon the 8,745
following conditions which run with the land, to wit: 8,746
First: No intoxicating liquors shall be sold or kept for 8,748
sale on said premises; 8,749
Second: No building or porch shall be erected or 8,751
maintained on the parking of said premises as designated and 8,752
delineated on the recorded plat of said addition; 8,753
Third: No dwelling, the actual cost of which is less than 8,755
$1,200.00, shall be erected on said premises. No barn, stable or 8,756
other out-buildings shall be erected within sixty-five (65) feet 8,757
of the west line of Sixteenth Street.
Deed reference: Volume 339, pages 14-17 8,759
Such deed shall be subject to existing easements, leases, 8,761
rights-of-way and legal highways. 8,762
The conveyance described in this division shall include any 8,764
buildings erected on the real estate and the contents of those 8,765
buildings as described in division (B) of this section. 8,766
(B) Within fifteen days after the effective date of this 8,768
section, the Director of Mental Health shall prepare a list of 8,769
all state-owned furnishings located on the real estate described 8,770
in division (A) of this section and forward a copy of that list 8,771
to the State Office of State and Federal Surplus Property, 4200 8,772
Surface Road, Columbus, Ohio. 8,773
(C) Consideration for the conveyance of the real estate 8,775
described in division (A) of this section and the furnishings 8,776
listed pursuant to division (B) of this section is the mutual 8,777
benefit accruing to the state, the City of Cambridge, and the 8,778
County of Guernsey from the use of the property by the Muskingum 8,779
Area Adolescent Treatment Services, Inc., for the delivery of 8,780
mental health services. 8,781
199
(D) The costs of the conveyance of the real estate 8,783
described in division (A) of this section shall be paid by 8,784
Muskingum Area Adolescent Treatment Services, Inc. 8,785
(E) The conveyance of the real estate described in 8,787
division (A) of this section is subject to the condition that 8,788
Muskingum Area Adolescent Treatment Services, Inc., and its 8,789
successors, assigns, and lessees shall use the real estate for 8,790
the provision of mental health services. If Muskingum Area 8,791
Adolescent Treatment Services, Inc., ceases to use the real 8,792
estate to provide mental health services, the state may reenter 8,793
upon its former estate. It shall not be a violation of this 8,794
condition if Muskingum Area Adolescent Treatment Services, Inc., 8,795
leases part or all of the real estate to another agency or 8,796
agencies for the provision of mental health services. 8,797
(F) Within one year after the effective date of this 8,799
section, the Auditor of State, with the assistance of the 8,800
Attorney General, shall prepare a deed to the real estate 8,801
described in division (A) of this section. The deed shall state 8,802
the consideration stated in division (C) of this section and the 8,803
condition and right of reentry specified in division (E) of this 8,804
section. The deed shall be executed by the Governor in the name 8,805
of the state, countersigned by the Secretary of State, sealed 8,806
with the Great Seal of the State, presented in the Office of the 8,807
Auditor of State for recording, and delivered to Muskingum Area 8,808
Adolescent Treatment Services, Inc. Muskingum Area Adolescent 8,809
Treatment Services, Inc., shall present the deed for recording in 8,810
the Office of the Guernsey County Recorder. 8,811
(G) This section expires one year after its effective 8,813
date. 8,814
Section 78. (A) The Governor is hereby authorized to 8,816
execute a deed in the name of the state conveying to the Paint 8,817
Valley Alcohol, Drug Addiction and Mental Health Board and its 8,818
successors and assigns all of the state's right, title, and 8,819
interest in a parcel of real estate known as the Greenfield 8,820
200
Residence, located in Highland County, and further described as 8,822
follows:
Situated in the City of Greenfield, County of Highland, 8,824
State of Ohio, being part of Lot No. 396 of said City and being 8,825
further bounded and described as follows: 8,826
Beginning at an iron pin marking the northwest corner of 8,828
Lot No. 396; thence with the northerly line of said Lot N 80 deg. 8,829
00 min. E a distance of 247.50 ft. to an iron pin marking the 8,830
northeast corner of said Lot; thence with the easterly line of 8,831
said Lot S 10 deg. 00 min. E a distance of 76.36 ft. to an iron 8,832
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 8,833
line of land now or formerly owned by Robert W. Head S 80 deg. 00 8,834
min. W a distance of 247.50 ft. to an iron pin in the westerly 8,835
line of said Lot No. 396, said iron pin bearing N 10 deg. 00 min. 8,836
W a distance of 8.14 ft. from the southwest corner of said Lot; 8,837
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, 8,838
Containing 0.433 acres of land. 8,839
The above description is the same lands as owned by Claude 8,841
H. Clawson and Catherine Clawson and recorded in Vol. 301 Page 8,842
901, Highland County Record of Deeds. 8,843
Land surveyed May, 1977 by Michael L. McCarty, Registered 8,845
Surveyor No. 6315.
The conveyance described in this division shall include any 8,847
buildings erected on the real estate and the contents of those 8,848
buildings. 8,849
(B) Consideration for conveyance of the real estate 8,851
described in division (A) of this section is the mutual benefit 8,852
accruing to the state, to the City of Greenfield, and to the 8,853
Paint Valley Alcohol, Drug Addiction and Mental Health Board and 8,854
the counties served by that board, by having the Board be 8,855
responsible for maintaining the facility and for operating the 8,856
facility as a children's residential program. 8,857
201
(C) The Paint Valley Alcohol, Drug Addiction and Mental 8,859
Health Board shall pay the costs of the conveyance of the real 8,860
estate described in division (A) of this section. 8,861
(D) The conveyance described in division (A) of this 8,863
section is subject to the condition that the Paint Valley 8,864
Alcohol, Drug Addiction and Mental Health Board and its 8,865
successors, assigns, and lessees shall use the real estate for 8,866
the provision of mental health services. If the property ceases 8,867
to be used for the provision of mental health services, the state 8,868
may reenter upon its former estate. It shall not be a violation 8,869
of the condition specified in this section if the Paint Valley 8,870
Alcohol, Drug Addiction and Mental Health Board leases all or 8,871
part of the real estate to another agency or agencies for the 8,872
provision of mental health services. 8,873
(E) Within one year following the effective date of this 8,875
section, the Auditor of State, with the assistance of the 8,876
Attorney General, shall prepare a deed to the real estate 8,877
described in division (A) of this section. The deed shall state 8,878
the consideration specified in division (B) of this section and 8,879
the condition and right of reentry specified in division (D) of 8,880
this section. The deed shall be executed by the Governor in the 8,881
name of the state, countersigned by the Secretary of State, 8,882
sealed with the Great Seal of the State, presented in the Office 8,883
of the Auditor of State for recording, and delivered to the Paint 8,884
Valley Alcohol, Drug Addiction and Mental Health Board. The 8,885
Paint Valley Alcohol, Drug Addiction and Mental Health Board 8,886
shall present the deed for recording in the Office of the 8,887
Highland County Recorder. 8,888
(F) This section expires one year after its effective 8,890
date.
Section 79. (A) The Governor is hereby authorized to 8,892
execute a deed in the name of the state conveying to the Summit 8,893
County Alcohol, Drug Addiction and Mental Health Services Board 8,894
and its successors and assigns all of the state's right, title, 8,895
202
and interest in real estate known as the Edgerton House, located 8,896
in Summit County, and further described as follows: 8,897
Situate in the State of Ohio, Summit County and City of Akron, 8,899
also being those lands conveyed to the State of Ohio by Deed of 8,900
Record in Deed Book 5864, Page 820, Recorder's Office, Summit 8,901
County, Ohio, and being more particularly described as follows: 8,902
Being all of Lots 21, 22, 23, and 26 and the east 33 feet of Lot 8,904
37 in the Wright Re-allotment of Ely Lots 81 and 82 in Tract 5 of 8,905
Portage Township, now in the City of Akron, said Re-allotment 8,906
being recorded in Plat Book 9, Page 2, Recorder's Office, Summit 8,907
County, Ohio and further known as 117 Edgerton Avenue, Akron, 8,908
Ohio.
The conveyance described in this division shall include any 8,910
buildings erected on the real estate and the contents of those 8,911
buildings. 8,912
(B) Consideration for conveyance of the real estate 8,914
described in division (A) of this section is the mutual benefit 8,915
accruing to the state, to the City of Akron, and to the Summit 8,916
County Alcohol, Drug Addiction and Mental Health Services Board, 8,917
by having the Board be responsible for maintaining the property 8,918
and operating the property as a residential mental health 8,919
facility.
(C) The Summit County Alcohol, Drug Addiction and Mental 8,921
Health Services Board shall pay the costs of the conveyance of 8,922
the real estate described in division (A) of this section. 8,923
(D) The conveyance of the real estate described in 8,925
division (A) of this section is subject to the condition that the 8,926
Summit County Alcohol, Drug Addiction and Mental Health Services 8,927
Board and its successors, assigns, and lessees shall use the real 8,928
estate and furnishings for the provision of mental health 8,929
services. If the real estate ceases to be used for the provision 8,931
of mental health services, the state may reenter upon its former 8,932
estate. It shall not be a violation of the condition specified 8,933
in this division if the Summit County Alcohol, Drug Addiction and 8,934
203
Mental Health Services board leases all or part of the real 8,935
estate to another agency or agencies for the provision of mental 8,936
health services.
(E) Within one year following the effective date of this 8,938
section, the Auditor of State, with the assistance of the 8,939
Attorney General, shall prepare a deed to the real estate 8,940
described in division (A) of this section. The deed shall state 8,941
the consideration specified in division (B) of this section and 8,942
the condition and the right of reentry specified in division (D) 8,943
of this section. The deed shall be executed by the Governor in 8,944
the name of the state, countersigned by the Secretary of State, 8,945
sealed with the Great Seal of the State, presented in the Office 8,946
of the Auditor of State for recording, and delivered to the 8,947
Summit County Alcohol, Drug Addiction and Mental Health Services 8,948
Board. The Summit County Alcohol, Drug Addiction and Mental 8,949
Health Services Board shall present the deed for recording in the 8,951
Office of the Summit County Recorder.
(F) This section expires one year after its effective 8,953
date.
Section 80. (A) The Governor is hereby authorized to 8,955
execute a deed in the name of the state conveying to the Trust 8,956
for Public Land, which is working with its public collaboratives 8,958
consisting of the Cleveland Metroparks, the National Park
Service, and Sagamore Hills Township, all of the state's right, 8,959
title, and interest in the following described real estate: 8,960
Parcel One 8,962
Situated in the State of Ohio, County of Cuyahoga, Village 8,964
of Walton Hills, being part of original Bedford Township Lot 92 8,965
further bounded and described as follows: Beginning at a 3/4" 8,966
iron bar found at the southwest corner of said lot on the 8,967
centerline of Sagamore Road (60' R/W). Said iron bar being the 8,968
True Place of Beginning for the parcel intended to be described
herein; thence, N 00°57'31" W, leaving said centerline along the 8,969
west line of lot 92, 1033.02 feet to a 5/8" capped rebar set; 8,970
204
thence, leaving the west line of said lot along the southerly 8,971
line of land described in deed to the Board of Commissioner of 8,972
the Cleveland Metropolitan Park District recorded in Volume 6080, 8,973
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; 8,974
thence, N 81°50'36" E, 283.45 feet to a 1/2" iron pin found; 8,975
thence, N 37°48'12" E, 655.25 feet to a 1/2" iron pin found; 8,976
thence, S 77°51'42" E, 556.56 feet to a 5/8" capped rebar on the 8,977
west line of the former Lake Erie & Pennsylvania Railroad 8,978
presently owned by the Cleveland Electric Illuminating Company; 8,979
thence, S 11°09'15" W, along the westerly line of said Railroad 8,980
lands, 600.80 feet to a 5/8" capped rebar set; thence, S 8,981
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 8,982
line, 900.15 feet to the centerline of Sagamore Road and the 8,983
south line of said Township; thence, S 89°59'57" W, along the 8,984
said centerline and Township line, 1128.63 feet to the True Place 8,985
of Beginning and containing 38.053 acres of land but subject to 8,986
all legal highways, easements and restrictions, if any, as
surveyed by Robert J. Warner, P.S., Number 6931 for Environmental 8,987
Design Group, Inc. in August 1996. The Basis of Bearings for the 8,988
above described parcel is grid north of the Ohio State Plane 8,989
Coordinate System, North Zone (NAD 83). 8,991
Deed reference: Volume 3771, page 392 8,993
Parcel Two 8,995
Situated in the State of Ohio, County of Cuyahoga, Village 8,997
of Walton Hills, being part of Original Bedford Township Lot 92; 8,998
beginning at an iron pin in a monument box found at the southeast 8,999
corner of said lot on the centerline of Sagamore Road (60' R/W), 9,000
and the south line of said County and being the True Point of 9,001
Beginning for the parcel intended to be described herein; thence,
S 89°59'20" W, along said centerline and Township line, 1403.95 9,002
feet to the easterly line of the former Lake Erie & Pennsylvania 9,003
Railroad presently owned by Cleveland Electric Illuminating 9,004
205
Company; thence, along the east line of said Railroad lands, the 9,005
following courses and distances: N 11°09'15" E, 880.41 feet to a 9,006
5/8" capped rebar set; thence, S 78°50'45" E, 10.00 feet to a 9,007
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 9,008
Railroad lands, along the southerly line of land described in 9,009
Deed to the United State of America recorded in Volume 14697, 9,010
Page 99 of Cuyahoga County Records, following courses and 9,011
distances: S 85°38'29" E, 409.48 feet to a stone found; thence, 9,012
N 47°33'35" E, 140.54 feet to a 1/2" iron pin found; thence, N 9,013
01°16'29" W, 114.82 feet to a 1/2" iron pin found; thence, N 9,014
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 9,015
distance of 391.06 feet to the east line of Lot 92; thence, S 9,016
01°10'27" E, along the east line of Lot 92, 2308.51 feet to the 9,017
True Place of Beginning and containing 53.328 acres of land but 9,018
subject to all legal highways, easements and restrictions, if 9,019
any, as surveyed by Robert J. Warner, P.S., Number 6931 for 9,020
Environmental Design Group, Inc. in August 1996. The Basis of
Bearings for the above described parcel is grid north of the Ohio 9,021
State Plane Coordinate System, North Zone (NAD 83). 9,023
Deed reference: Volume 6647, page 192 9,025
Parcel Six 9,027
Situated in the State of Ohio, County of Summit, Township 9,029
of Sagamore Hills, being part of original Northfield Township 9,030
Lots 81, 82, 90, and 91, further bonded and described as follows: 9,031
commencing for reference at an iron pin in a monument box found 9,032
in the centerline intersection of Dunham Road (CH150 50' R/W) 9,033
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 9,034
centerline of Sagamore Road, 969.08 feet to an iron pin in a 9,035
monument box found; thence, S 89°59'20" W, along the centerline 9,036
of Sagamore Road and the north line of said Township, 1454.91 9,037
feet to an iron pin in a monument box found at the intersection 9,038
206
of the centerline of the former Lake Erie & Pennsylvania
Railroad, presently owned by Cleveland Electric Illuminating 9,039
Company; thence, S 89°59'57" W, continuing along the said 9,040
centerline of said road and said Township line, 1179.59 feet to a 9,041
3/4" iron bar found; thence, N 89°40'02" W, continuing along said 9,042
centerline and said Township line, 1085.13 feet to a 5/8" capped 9,043
rebar set at the True Place of Beginning for the parcel being 9,044
described herein; thence, S 00°00'19" E, leaving said centerline 9,045
and Township line, passing through a 5/8" capped rebar set at 9,046
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 9,047
rebar set; thence, N 00°50'33" E, 340.04 feet to a 5/8" capped 9,048
rebar set; thence, N 87°39'04" E, 642.68 feet to a 5/8" capped 9,049
rebar set in the westerly line of the former railroad lands as 9,050
aforesaid; thence, southerly along said railroad lands the 9,051
following courses and distances: southwesterly, 1613.04 feet, 9,052
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 9,053
bears S 03°11'36" W, 1607.85 feet; N 85°13'57" E, 25.00 feet; 9,054
southeasterly 178.55 feet along the arc of a curve deflecting to 9,055
the left, having a radius of 5779.69 feet, a central angle of 9,056
1°46'12" and a chord which bears S 05°39'09" E, 178.54 feet; S 9,057
06°32'15" E, 633.18 feet; S 83°27'45" W, 10.00 feet; S 06°32'15" 9,058
E, 417.22 feet to the centerline of Valley View Road (100' R/W) 9,059
and passing over a 5/8" capped rebar set at 50.00 feet from 9,060
centerline; thence along the centerline of Valley View Road the 9,061
following courses and distances: S 79°03'52" W, 739.48 feet;
southwesterly, 965.98 feet along the arc of a curve deflecting to 9,062
the right, having a radius of 2864.79 feet, a central angle of 9,063
19°19'10" and a chord which bears S 88°43'27" W, 961.41 feet; N 9,064
81°36'58" W, 149.58 feet to an iron pin in a monument box found 9,065
in the intersection of the centerline of Chaffee Road (50' R/W) 9,066
the west line of Lot 82; thence, N 00°47'05" W, leaving the 9,067
centerline of Valley View Road along the west line of Lot 82
207
1617.12 feet to the center of a 8" diameter wooden fence post at 9,068
the northwest corner of Lot 82; thence, S 89°16'06" W, leaving 9,069
the west line of said lot, along the south line of Lot 91, 9,070
passing through a 1 1/2 crimp top pipe found at 1992.90 feet, a 9,071
total distance of 2048.53 feet to a railroad spike set in the 9,072
centerline of Valley View Road; thence, along said centerline of 9,073
following courses and distances: N 22°59'30" W, 50.90 feet to a 9,074
monument found at a point curvature; northwesterly, 489.43 feet 9,075
along the arc of a curve deflecting to the left and having a 9,076
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 9,077
point of tangency; N 42°34'09" W, 321.76 feet to a monument found 9,078
at a point of curvature; northwesterly, 404.07 feet along the arc 9,079
of a curve deflecting to the right, having a radius of 3819.72, a 9,080
central angle of 06°03'40" and a chord which bears N 39°32'19" W, 9,081
403.88 feet to a monument found at a point of tangency; N 9,082
36°30'29" W, 924.10 feet to a monument found at a point of 9,083
curvature; northwesterly 294.89 feet along the arc of a curve
deflecting to the right, having a radius of 3819.72 feet, a 9,084
central angle of 4°25'24" and a chord which bears N 34°17'47" W, 9,085
294.82 feet to a railroad spike set at the southerly corner of 9,086
land described in deed to the Cleveland Metropolitan Park 9,087
District by Deed Volume 2251, Page 479 of Summit County Records 9,088
of Deeds; thence, along the southerly and easterly lines of said 9,089
park lands the following courses and distances: N 57°58'01" E, 9,090
70.80 feet to a 5/8" capped rebar found at a point of curvature; 9,091
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 9,092
54°24'02" and a chord which bears N 30°46'00" E, 68.57 feet to a 9,093
5/8" capped rebar set at a point of tangency; N 03°33'59" E, 9,094
272.19 feet to a 5/8" capped rebar set; northeasterly, 100.96 9,095
feet along the arc of a curve deflecting to the right, having a 9,096
radius of 400.00 feet, a central angle of 14°27'41" and a chord 9,097
which bears N 10°47'47" E, 100.69 feet to a 5/8" capped rebar set
208
at a point of tangency; N 18°01'40" E, 111.22 feet to a 5/8" 9,098
capped rebar set at a point of curvature; northeasterly, 189.34 9,099
feet along the arc of a curve deflecting to the right, having a 9,100
radius of 150.00 feet, a central angle of 72°19'01" and a chord 9,101
which bears 54°11'11" E, 177.01 feet to the north long of said 9,102
township and the centerline of Sagamore Road; thence, S 89°39'19" 9,103
E, along the north line of said Township, 1214.91 feet to a 9,104
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, 9,105
along the north line of said Township, 555.03 feet to True Place 9,106
of Beginning and containing 282.505 acres of land but subject to 9,107
all legal highways, easements and restrictions, if any, as 9,108
surveyed by Robert J. Warner, P.S., Number 6931 for Environmental 9,109
Design Group, Inc. in August of 1996. The Basis of Bearings for 9,110
the above described parcel is grid north of the Ohio State Plane
Coordinate System, North Zone. 9,112
Deed references: Volume 86, page 307 9,114
Volume 1085, page 520 9,115
Volume 1116, page 297 9,116
Volume 1838, page 1 9,117
Volume 1935, page 530 9,118
Volume 3678, page 152 9,119
(B) Consideration for conveyance of the real estate 9,121
described in division (A) of this section is the purchase price 9,122
of $1,600,000.
(C) The Trust for Public Land shall pay the costs of the 9,124
conveyance of the real estate described in division (A) of this 9,125
section. Proceeds from the sale shall be deposited in the 9,126
Department of Mental Health Trust Fund in accordance with section 9,127
5119.18 of the Revised Code.
(D) Within thirty days after the effective date of this 9,129
section, the Trust for Public Land shall have both the financing 9,130
plan and the time frame for closing of property approved by the 9,131
Department of Mental Health. If the Trust for Public Land fails 9,132
209
to comply with this requirement within such thirty days, or 9,133
within an extended time frame agreed to by the state, by and
through the Department of Mental Health, the state may 9,134
immediately terminate its obligation to proceed with the 9,135
conveyance of the real estate described in division (A) of this 9,137
section.
(E) Within one year after the effective date of this 9,139
section, and upon payment of the purchase price by the Trust for 9,140
Public Land, the Auditor of State, with the assistance of the 9,141
Attorney General, shall prepare a deed to the real estate 9,142
described in division (A) of this section. The deed shall state 9,143
consideration specified in division (B) of this section and the
costs associated with division (C) of this section. The deed 9,144
shall be executed by the Governor in the name of the state, 9,145
countersigned by the Secretary of State, sealed with the Great 9,146
Seal of the State, presented in the Office of the Auditor of 9,147
State for recording, and delivered to the Trust for Public Land.
The Trust for Public Land shall present the deed for recording in 9,148
the Office of the Cuyahoga County Recorder and the Office of the 9,149
Summit County Recorder.
(F) This section expires one year after its effective 9,151
date.
Section 81. Development of the Site of the Old State 9,153
School for the Blind 9,154
Notwithstanding any other provision of law, the Department 9,156
of Administrative Services is hereby authorized to enter into a 9,158
lease for a period not to exceed ninety-nine years, with the City
of Columbus for a consideration of one dollar and other valuable 9,159
consideration, or with a developer, in accordance with this 9,160
section, for the following described real estate: 9,162
Being all of those lands conveyed to the State of Ohio by 9,164
Deeds of Record in the Franklin County Recorder's Office, also 9,165
being a part of Half Section 24, Township 5, Range 22, Refugee 9,166
Lands and bounded as follows:
210
On the West by the East Right-of-Way line of Parsons 9,168
Avenue, on the North by the South line of a Bryden Alley, a part 9,169
of George M. Parsons Subdivision of record in Plat Book 3, page 9,170
316, Recorder's Office, Franklin County, Ohio, on the East by the 9,171
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 9,172
Acres, more or less, subject, however to any existing easements 9,173
and rights-of-way.
"Developer," as used in this section, has the same meaning 9,175
as in section 123.77 of the Revised Code. The Department of 9,176
Administrative Services may solicit redevelopment proposals from 9,177
developers to develop the site in the event that the City of 9,178
Columbus elects not to develop the property. A selection shall 9,179
be made on the basis of the proposal that serves the best
interest of the state as determined by the Department of 9,180
Administrative Services. 9,181
Such a lease shall be for the purpose of the redevelopment 9,183
of the land and buildings. The City of Columbus or a developer 9,184
desiring to lease the land shall prepare for submission to the 9,185
Department a plan for redevelopment which retains, where 9,186
feasible, the existing characteristics of the site. Plans shall 9,187
include provisions for roads, sewers, water lines, waste
disposal, water supply, and similar matters to meet the 9,188
requirements of state and local laws. The plans shall also 9,189
include provision for protection of the property by insurance or 9,190
otherwise, and plans for financing the redevelopment, and shall 9,191
set forth details of the City of Columbus' or the developer's 9,192
financial responsibility. 9,193
The Department may employ, as employees or consultants, 9,195
persons needed to assist in reviewing the development plans. 9,196
Those persons may include attorneys, financial experts, 9,197
engineers, and necessary experts. The department shall review 9,199
the development plans and may enter into a lease if it finds all
of the following: 9,200
211
(A) The best interests of the state will be promoted by 9,202
entering into a lease; 9,203
(B) The development plans are satisfactory; 9,205
(C) The City of Columbus or the developer has established 9,207
its financial responsibility and satisfactory plans for financing 9,208
the development.
The lease shall contain a provision that construction or 9,210
renovation of the buildings, roads, structures, and necessary 9,211
facilities shall proceed according to a schedule agreed to 9,213
between the department and the City of Columbus or the developer;
otherwise the lease shall be terminated. The lease shall contain 9,214
such conditions and stipulations as the Director considers 9,215
necessary to preserve the best interest of the state. The lease 9,216
may contain a provision authorizing a lease purchase option for 9,217
the fair market value of the real estate described above. Moneys 9,218
received by the state pursuant to this lease or sale shall be
paid in to the General Revenue Fund. In the event of 9,219
redevelopment by the City of Columbus, the lease shall provide 9,220
that, at the end of the 99-year lease period, the land, 9,221
buildings, structures, and related improvements shall become the 9,222
property of the City of Columbus without cost. At any time
during the term of the lease, the City of Columbus, at its 9,223
option, may purchase the property from the state at fair market 9,224
value less the value of improvements funded by the city and as 9,225
determined by two independent appraisals. In the event of 9,226
redevelopment by a developer established pursuant to Chapter 9,227
1724. of the Revised Code, the lease shall provide that at the 9,228
end of the lease period the buildings, structures, and related 9,229
improvements shall become the property of the state without cost.
Section 82. Support for the AVLIS Production Facility 9,231
The General Assembly hereby expresses its support of the 9,233
efforts of the Department of Development to attract to Ohio an 9,234
atomic vapor laser isotope separation (AVLIS) production facility 9,235
to be located at the Portsmouth Gaseous Diffusion Plant in 9,236
212
Piketon. It is the intent of the General Assembly, in support of 9,237
the creation and retention of jobs at the Piketon facility, the
conversion to civilian purposes of facilities previously 9,238
dedicated to defense production purposes, and the general 9,239
economic development of the Southern region of Ohio, to provide 9,240
resources consistent with the department's proposal for 9,241
infrastructure and job training support should the department be
successful in attracting the facility to Ohio. 9,242
Section 83. (A) The employees of the Department of Mental 9,244
Health who are employed at the Central Laboratory of the Office 9,245
of Support Services shall be transferred on the effective date of 9,246
this section to the employment of the Department of 9,247
Rehabilitation and Correction. With regard to the transfer, the
Department of Rehabilitation and Correction and the Department of 9,248
Mental Health shall enter into agreement with respect to the 9,249
delivery of laboratory services and the classification of the 9,250
positions of employees who are transferred to the Department of 9,251
Rehabilitation and Correction.
If the Department of Rehabilitation and Correction 9,253
classifies a position of an employee transferred from the 9,254
Department of Mental Health in the same or a similar 9,255
classification as that given to that position by the Department
of Mental Health, the employee holding that position shall be 9,256
transferred to that classification in the Department of 9,257
Rehabilitation and Correction. If an employee transferred to the 9,258
Department of Rehabilitation and Correction cannot be transferred 9,259
to a position in such a same or similar classification, the
employee shall be transferred to a position in an appropriate 9,260
classification in the Department, as certified by the Director of 9,261
Administrative Services. All employees transferred shall suffer 9,262
no harm and retain their respective civil service classification 9,263
and status together with all rights they may have under Chapter 9,264
124. or 4117. of the Revised Code, including rights, benefits,
and privileges provided by collective bargaining agreements 9,265
213
negotiated pursuant to Chapter 4117. of the Revised Code. 9,266
Notwithstanding section 124.13 of the Revised Code, those 9,267
employees shall retain all vacation leave and other benefits they 9,268
earned as employees of the Department of Mental Health.
(B) Equipment, inventory, and supplies belonging to the 9,270
Central Laboratory of the Office of Support Services of the 9,271
Department of Mental Health that are needed for use in the 9,272
Department of Rehabilitation and Correction laboratory shall be 9,273
transferred on the effective date of this section along with the
laboratory services and employees described in division (A) of 9,274
this section.
Section 84. That Sections 20, 29, 40, and 112 of Am. Sub. 9,276
H.B. 215 of the 122nd General Assembly be amended to read as 9,278
follows:
"Sec. 20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 9,280
General Revenue Fund 9,282
GRF 100-402 Unemployment 9,285
Compensation $ 142,825 $ 137,747 9,287
GRF 100-405 Agency Audit Expenses $ 819,538 $ 434,408 9,291
GRF 100-406 County Personnel 9,293
Services $ 1,226,010 $ 1,308,378 9,295
GRF 100-408 Buy Ohio Promotions $ 23,765 $ 24,359 9,299
GRF 100-409 Departmental 9,301
Information Services $ 1,291,573 $ 1,321,103 9,303
GRF 100-412 Information Center $ 1,067,449 $ 1,095,203 9,307
GRF 100-414 Ohio Geographically 9,309
Referenced
Information Program $ 616,902 $ 631,383 9,311
GRF 100-416 Strategic Technology $ 4,864,784 $ 4,931,830 9,315
GRF 100-417 MARCS $ 3,374,984 $ 4,125,310 9,319
GRF 100-419 SOMACS $ 4,807,130 $ 4,927,123 9,323
GRF 100-420 Suggestion Awards $ 168,634 $ 170,975 9,327
GRF 100-429 Agency Business 9,329
Support Services $ 1,388,806 $ 1,385,439 9,331
214
GRF 100-430 Year 2000 Assistance $ 8,013,493 $ 5,261,984 9,335
GRF 100-431 Set Aside Review 9,337
Board $ 87,181 $ 79,620 9,339
GRF 100-433 State of Ohio 9,341
Computer Center $ 4,937,702 $ 5,087,138 9,343
GRF 100-435 State Government 9,345
Energy Program $ 429,256 $ 437,832 9,347
GRF 100-438 ODOT BUILDING 9,349
PAYMENTS $ 0 $ 1,000,000 9,351
GRF 100-447 OBA - Building Rent 9,353
Payments $ 71,764,000 $ 80,914,000 9,355
GRF 100-448 OBA - Building 9,357
Operating Payments $ 25,498,000 $ 25,498,000 9,359
GRF 100-449 DAS - Building 9,361
Operating Payments $ 4,035,679 $ 4,054,301 9,363
GRF 100-451 Minority Affairs $ 124,827 $ 125,953 9,367
GRF 100-734 Major Maintenance $ 100,000 $ 100,000 9,371
GRF 102-321 EOC Compliance $ 1,494,373 $ 1,355,596 9,375
GRF 130-321 Bureau of Real Estate $ 2,254,317 $ 2,315,294 9,379
TOTAL GRF General Revenue Fund $ 138,531,228 $ 145,722,976 9,382
General Services Fund Group 9,385
112 100-616 Director's Office $ 4,572,437 $ 4,687,063 9,390
115 100-632 Central Service 9,392
Agency $ 409,735 $ 412,518 9,394
117 100-644 General Services 9,396
Administration $ 5,551,419 $ 5,937,495 9,398
122 100-637 Fleet Management $ 1,394,647 $ 1,432,988 9,402
125 100-622 Personnel Services $ 16,222,008 $ 16,723,131 9,406
127 100-627 Vehicle Liability 9,408
Insurance $ 3,924,959 $ 4,034,239 9,410
128 100-620 Collective Bargaining $ 3,652,897 $ 3,675,550 9,414
130 100-606 State Insurance Pool $ 99,983 $ 102,658 9,418
131 100-639 State Architect's 9,420
Office $ 5,989,051 $ 6,058,112 9,422
215
132 100-631 Facilities Management $ 7,761,319 $ 7,932,202 9,426
188 100-649 State EOC $ 2,219,080 $ 2,051,620 9,430
201 100-653 General Services 9,432
Resale Merchandise $ 1,891,357 $ 1,944,315 9,434
210 100-612 State Printing $ 5,688,995 $ 5,831,735 9,438
4H2 100-604 Governor's Residence 9,440
Gift $ 20,560 $ 21,136 9,442
427 100-602 Investment Recovery $ 3,110,486 $ 3,197,752 9,446
4P3 100-603 Departmental MIS 9,448
Services $ 5,633,414 $ 6,118,350 9,450
5C2 100-605 MARCS Administration $ 0 $ 2,988,056 9,454
5C3 100-608 Skilled Trades $ 2,112,280 $ 2,164,039 9,458
5D7 100-621 Workforce Development $ 4,000,000 $ 8,000,000 9,462
TOTAL GSF General Services Fund 9,463
Group $ 74,254,627 $ 83,312,959 9,466
Intragovernmental Service Fund Group 9,469
123 100-613 Telecommunications $ 35,623,686 $ 36,609,209 9,474
133 100-607 Computer Services $ 44,107,222 $ 45,958,060 9,478
4N6 100-617 Equipment Purchases $ 5,988,546 $ 18,588,924 9,482
TOTAL ISF Intragovernmental 9,483
Service Fund Group $ 85,719,454 $ 101,156,193 9,486
Agency Fund Group 9,489
113 100-628 Unemployment 9,492
Compensation $ 4,525,227 $ 4,651,933 9,494
124 100-629 Payroll Withholding $1,650,000,000 $1,700,000,000 9,498
TOTAL AGY Agency Fund Group $1,654,525,227 $1,704,651,933 9,501
Holding Account Redistribution Fund Group 9,504
R08 100-646 General Services 9,507
Refunds $ 16,000 $ 17,000 9,509
TOTAL 090 Holding Account 9,510
Redistribution Fund Group $ 16,000 $ 17,000 9,513
TOTAL ALL BUDGET FUND GROUPS $1,953,046,536 $2,034,861,061 9,516
ODOT BUILDING PAYMENTS 9,520
THE FOREGOING APPROPRIATION ITEM 100-438, ODOT BUILDING 9,523
216
PAYMENTS, SHALL BE USED AS THE FIRST INSTALLMENT TOWARD
COMPENSATING THE DEPARTMENT OF TRANSPORTATION FOR THE PROPERTY 9,524
LOCATED AT 25 SOUTH FRONT STREET, COLUMBUS, OHIO. IN FISCAL YEAR 9,526
1999, THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL TRANSFER 9,527
$1,000,000 IN CASH FROM THE GENERAL REVENUE FUND TO THE OHIO 9,529
DEPARTMENT OF TRANSPORTATION USING AN INTRASTATE TRANSFER 9,530
VOUCHER. THE DIRECTOR OF TRANSPORTATION SHALL DEPOSIT THE CASH 9,531
INTO THE HIGHWAY OPERATING FUND (FUND 002). 9,532
Sec. 29. AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION 9,534
General Revenue Fund 9,536
GRF 371-321 Operating Expenses $ 727,906 $ 837,906 9,541
GRF 371-401 Lease Rental Payments $ 15,903,000 $ 24,775,000 9,545
TOTAL GRF General Revenue Fund $ 16,630,906 $ 25,612,906 9,548
General Services Fund Group 9,551
4T8 371-601 Administration Fund $ 20,560 $ 21,136 9,556
5A1 371-602 Capital Donations $ 1,000,000 $ 1,000,000 9,560
-0- 9,561
TOTAL GSF General Services Fund 9,562
Group $ 1,020,560 $ 1,021,136 9,565
TOTAL ALL BUDGET FUND GROUPS $ 17,651,466 $ 26,634,042 9,568
25,634,042 9,569
Capital Donations Fund 9,572
The Executive Director of the Arts and Sports Facilities 9,574
Commission shall certify to the Director of Budget and Management 9,575
the amount of cash receipts and related investment income, 9,576
irrevocable letters of credit from a bank or private nonprofit 9,577
entity, or certification of the availability of funds which have 9,578
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 9,579
line APPROPRIATION item 371-602, Capital Donations. Prior to 9,581
certifying these amounts to the director, the executive director 9,582
shall make a written agreement with the participating entity on 9,583
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 9,584
217
Ohio Building Authority Lease Payments 9,586
Appropriations to the Arts and Sports Facilities Commission 9,588
from the General Revenue Fund include $40,678,000 for the 9,589
biennium for appropriation item 371-401, Lease Rental Payments. 9,590
This appropriation shall be used for payments to the Ohio 9,591
Building Authority for the period July 1, 1997 to June 30, 1999, 9,592
pursuant to the primary leases and agreements for those buildings 9,593
made under Chapter 152. of the Revised Code which are the source 9,594
of funds pledged for bond service charges on related obligations 9,595
issued pursuant to Chapter 152. of the Revised Code. 9,596
Sec. 40. CEB CONTROLLING BOARD 9,598
General Revenue Fund 9,600
GRF 911-401 Emergency 9,603
Purposes/Contingencies$ 6,000,000 $ 6,000,000 9,605
GRF 911-402 Employee Compensation 9,607
Adjustment $ 31,700,000 $ 62,300,000 9,609
GRF 911-403 School District 9,611
Financial Planning $ 250,000 $ 250,000 9,613
GRF 911-404 Mandate Assistance $ 2,800,000 $ 2,800,000 9,617
GRF 911-423 Army National Guard $ 800,000 $ 0 9,621
GRF 911-430 Emergency 9-1-1 9,623
Training $ 250,000 $ 250,000 9,625
GRF 911-433 AFIT $ 500,000 $ 3,500,000 9,629
GRF 911-436 Rural Fire 9,631
Departments $ 250,000 $ 250,000 9,633
GRF 911-440 Airport Improvements $ 2,000,000 $ 2,000,000 9,637
TOTAL GRF General Revenue Fund $ 44,550,000 $ 77,350,000 9,640
State Special Revenue Fund Group 9,642
5E2 911-601 Disaster Services $ 37,164,000 $ 0 9,647
31,868,347 9,648
TOTAL SSR State Special 9,649
Revenue Fund Group $ 37,164,000 $ 0 9,652
31,868,347 9,653
TOTAL ALL BUDGET FUND GROUPS $ 81,714,000 $ 77,350,000 9,656
218
109,218,347 9,657
Federal Share 9,660
In transferring appropriations to or from appropriation 9,662
line items which have federal shares identified in this act AM. 9,664
SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, the Controlling 9,665
Board shall add or subtract corresponding amounts of federal 9,666
matching funds at the percentages indicated by the state and 9,667
federal division of the appropriations in this act H.B. 215. 9,669
Such changes are hereby appropriated. 9,670
Disaster Assistance 9,672
Pursuant to requests submitted by the Department of Public 9,674
Safety, the Controlling Board may approve transfers from the 9,675
foregoing appropriation item 911-401, Emergency 9,676
Purposes/Contingencies, to a Department of Public Safety General 9,677
Revenue Fund line APPROPRIATION item to provide funding for 9,678
assistance to political subdivisions made necessary by natural 9,679
disasters or emergencies. Such transfers may be requested and 9,680
approved prior to the occurrence of any specific natural 9,681
disasters or emergencies in order to facilitate the provision of 9,682
timely assistance. The Emergency Management Agency of the
Department of Public Safety shall use such funding for disaster 9,683
aid requests which meet Controlling Board criteria for 9,684
assistance. The department shall submit a report to the 9,685
Controlling Board quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 9,687
The Office of Criminal Justice Services and the Public 9,689
Defender Commission may each request, upon approval of the 9,690
Director of Budget and Management, additional funds from the 9,691
foregoing appropriation item 911-401, Emergency 9,692
Purposes/Contingencies, for costs related to the disturbance that 9,693
occurred on April 11, 1993, at the Southern Ohio Correctional 9,694
Facility in Lucasville, Ohio. 9,695
Disaster Services 9,697
The foregoing appropriation item 911-601, Disaster 9,699
219
Services, which is hereby created in the state treasury, shall be 9,700
used by the Controlling Board, pursuant to requests submitted by 9,701
state agencies, to transfer cash and appropriation authority to 9,702
any fund of the state for the payment of state agency program 9,703
expenses related to the FOLLOWING: 9,704
(1) THE southern Ohio flooding, referred to as 9,707
FEMA-DR-1164-OH, and, if;
(2) THE FLOOD/STORM DISASTER REFERRED TO AS 9,711
FEMA-DR-1227-OH; AND
(3) IF the Director of Budget and Management determines 9,715
that sufficient funds exist beyond the expected program costs of 9,716
the southern Ohio flooding THESE TWO DISASTERS, other disasters 9,717
declared by the Governor. 9,718
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER 9,721
$26,200,000 FROM THE GENERAL REVENUE FUND TO FUND 5E2, DISASTER 9,722
SERVICES FUND, OF THE CONTROLLING BOARD. 9,723
Employee Compensation 9,725
Notwithstanding division (D) of section 127.14 and division 9,727
(B) of section 131.35 of the Revised Code, except for the General 9,728
Revenue Fund, the Controlling Board may, upon the request of 9,729
either the Director of Budget and Management, or a state agency 9,730
with the approval of the Director of Budget and Management, 9,731
increase appropriations for any fund, as necessary for the 9,732
various state agencies, to assist in paying the costs of 9,733
increases in employee compensation that occur on or after July 1, 9,734
1997, that are provided pursuant to collective bargaining 9,735
agreements under Chapter 4117. of the Revised Code and the costs 9,736
of increased compensation provided for employees that are exempt 9,737
from collective bargaining. 9,738
The Controlling Board may transfer appropriations from the 9,740
foregoing appropriation item 911-402, Employee Compensation 9,741
Adjustment, to the various agencies based on requests submitted 9,742
by the Director of Budget and Management to assist in paying for 9,743
the General Revenue Fund's share of employee compensation 9,744
220
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 9,745
compensation that are provided to employees that are exempt from 9,746
collective bargaining.
School District Financial Planning 9,748
The foregoing appropriation item 911-403, School District 9,750
Financial Planning, shall be used to pay costs of implementing 9,751
school district watch and fiscal emergency provisions of sections 9,753
3316.01 to 3316.08 of the Revised Code, including the expenses of 9,754
the School District Financial Planning and Supervision 9,755
Commission. Upon the request of any agency involved in 9,756
implementing the school district watch or fiscal emergency
provisions, the Controlling Board may transfer all or part of the 9,758
appropriation to the agency.
Mandate Assistance 9,760
(A) The foregoing appropriation item 911-404, Mandate 9,762
Assistance, shall be used to provide financial assistance to 9,763
local units of government, school districts, and fire departments 9,765
for the cost of the following four unfunded state mandates: 9,766
(1) The cost to county boards of elections for advertising 9,768
state ballot issues; 9,769
(2) The cost to county prosecutors for prosecuting certain 9,771
felonies that occur on the grounds of state institutions operated 9,773
by the Department of Rehabilitation and Correction and the 9,774
Department of Youth Services;
(3) The cost, primarily to small villages and townships, 9,776
of providing firefighter training and equipment or gear; and 9,777
(4) The cost to school districts of in-service training 9,779
for child abuse detection. 9,780
(B) The State and Local Government Commission may prepare 9,782
and submit to the Controlling Board one or more requests to 9,783
transfer appropriations from appropriation item 911-404, Mandate 9,784
Assistance, to the state agencies charged with administering the 9,785
state financial assistance to be provided under this section. 9,786
221
The state agencies charged with this administrative 9,788
responsibility are listed below, as well as the estimated annual 9,789
amounts that the commission may propose be used for each program 9,791
of state financial assistance. 9,792
Administering Estimated Annual 9,797
Program Agency Amount 9,800
Advertising Costs Ohio Ballot Board $800,000 9,804
Prosecution Costs Office of Criminal 9,806
Justice Services $200,000 9,808
Firefighter Training Department of 9,810
Costs Commerce $1,000,000 9,811
Child Abuse Detection Department of 9,813
Training Costs Education $800,000 9,814
(C) Subject to the total amount appropriated in each 9,817
fiscal year for appropriation item 911-404, Mandate Assistance, 9,818
the commission may propose to the Controlling Board that amounts 9,820
smaller or larger than these estimated annual amounts be 9,821
transferred to each program. 9,822
(D) In addition to making the initial transfers requested 9,824
by the commission, the Controlling Board may, if requested by the 9,826
commission, transfer appropriations received by a state agency 9,828
under this section back to appropriation item 911-404, Mandate 9,829
Assistance, or to one or more of the other programs of state 9,830
financial assistance identified under this section. 9,831
(E) It is expected that not all costs incurred by local 9,833
units of government, school districts, and fire departments under 9,834
each of the four programs of state financial assistance 9,835
identified under this section will be fully reimbursed by the 9,836
state. Reimbursement levels may vary by program and will be 9,837
based on: the relationship between the appropriation transfers 9,838
requested by the commission and provided by the Controlling Board 9,839
for each of the programs; the rules and procedures established 9,841
for each program by the commission and the administering state 9,842
agency; and the actual costs incurred by local units of 9,844
222
government, school districts, and fire departments. 9,845
(F) Each of these programs of state financial assistance 9,847
shall be carried out as follows: 9,848
(1) Advertising Costs 9,850
Appropriations may be transferred to the Ohio Ballot Board 9,852
for use as full or partial reimbursement to county boards of 9,853
elections for the cost of public notices associated with 9,854
statewide ballot initiatives. 9,855
(2) Prosecution Costs 9,857
(a) Appropriations may be transferred to the Office of 9,859
Criminal Justice Services to cover local prosecution costs for 9,860
aggravated murder, murder, felonies of the first degree, and 9,861
felonies of the second degree that occur on the grounds of 9,862
institutions operated by the Department of Rehabilitation and 9,863
Correction and the Department of Youth Services on or after July 9,864
1, 1995.
(b) Upon a delinquency filing in juvenile court or the 9,866
return of an indictment for aggravated murder, murder, or any 9,867
felony of the first or second degree that was committed at a 9,868
Department of Youth Services or a Department of Rehabilitation 9,869
and Correction institution, the affected county may, in 9,870
accordance with rules that the Office of Criminal Justice 9,871
Services shall adopt, apply to the Office of Criminal Justice 9,872
Services for a grant to cover all documented costs that are 9,873
incurred by the county prosecutor's office. 9,874
(c) Twice each year, the Office of Criminal Justice 9,876
Services shall designate counties to receive grants from those 9,878
counties that have submitted one or more applications in 9,879
compliance with the rules that have been adopted by the Office of 9,880
Criminal Justice Services for the receipt of such grants. In 9,881
each year's first round of grant awards, if sufficient 9,882
appropriations have been appropriated, up to a total of $100,000 9,883
may be awarded. In each year's second round of grant awards, the 9,885
remaining appropriations available for this purpose may be 9,886
223
awarded.
(d) If for a given round of grants there are insufficient 9,888
appropriations to make grant awards to all of the eligible 9,889
counties, the first priority shall be given to counties with 9,890
cases involving aggravated murder and murder, second priority 9,891
shall be given to cases involving a felony of the first degree, 9,893
and third priority shall be given to cases involving a felony of 9,894
the second degree. Within these priorities, the grant awards 9,895
shall be based on the order in which the applications were 9,896
received, except that applications for cases involving a felony 9,897
of the first or second degree shall not be considered in more 9,898
than two consecutive rounds of grant awards.
(3) Firefighter Training Costs 9,900
Appropriations may be transferred to the Department of 9,902
Commerce for use as full or partial reimbursement to local units 9,903
of government and fire departments for the cost of firefighter 9,904
training and equipment or gear. In accordance with rules that 9,905
the department shall adopt, a local unit of government or fire 9,906
department may apply to the department for a grant to cover all 9,907
documented costs that are incurred to provide firefighter 9,908
training and equipment or gear. The department shall make grants 9,909
within the limits of the funding provided, with priority given to 9,911
fire departments that serve small villages and townships.
(4) Child Abuse Detection Training Costs 9,913
Appropriations may be transferred to the Department of 9,915
Education for disbursement to local school districts as full or 9,916
partial reimbursement for the cost of providing in-service 9,917
training for child abuse detection. In accordance with rules 9,918
that the department shall adopt, a local school district may 9,919
apply to the department for a grant to cover all documented costs 9,920
that are incurred to provide in-service training for child abuse 9,921
detection. The department shall make grants within the limits of 9,922
the funding provided. 9,923
Army National Guard 9,925
224
If the Director of Administrative Services sells a parcel 9,927
of land to a village or municipal corporation pursuant to 9,928
division (B)(1) of Section 2 of Am. Sub. H.B. 376 of the 121st 9,929
General Assembly, or to a county pursuant to division (B)(2) of 9,930
Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly, the 9,932
village, municipal corporation, or county, after making the offer 9,933
to purchase the parcel, may request that the Office of Budget and 9,934
Management approach the Controlling Board for release of up to 50 9,935
per cent of the sale price from the foregoing appropriation item 9,936
911-423, Army National Guard, to the political subdivision. The 9,937
amount approved by the Controlling Board shall be transferred to 9,938
the Office of Budget and Management's appropriation item 042-404, 9,939
Armory Reimbursement, whereupon the Director of Budget and 9,940
Management shall act as the fiscal agent for the payment. Any 9,941
amounts so transferred are hereby appropriated. Any amount not 9,942
released in fiscal year 1998 shall be transferred to fiscal year 9,943
1999 and is hereby appropriated. 9,944
Notwithstanding division (D) of Section 2 of Am. Sub. H.B. 9,946
376 of the 121st General Assembly, if a village, municipal 9,948
corporation, or county that receives a payment pursuant to this 9,949
section sells the parcel within two years after purchasing it, 9,950
the political subdivision shall pay to the state both of the 9,951
following:
(A) An amount equal to the payment made pursuant to this 9,953
section. Such payment shall be deposited to the credit of the 9,954
General Revenue Fund. 9,955
(B) An amount equal to one-half of any net profits from the 9,957
sale. Such payment shall be deposited to the credit of the 9,958
Armory Improvements Fund created pursuant to section 5911.10 of 9,959
the Revised Code. 9,960
Net profit shall be calculated by subtracting from the 9,962
selling price of the parcel the original purchase price paid by 9,963
the political subdivision and any expenditures by the political 9,964
subdivision for the public improvements on the parcel. 9,965
225
Upon disposing of all parcels pursuant to Section 2 of Am. 9,967
Sub. H.B. 376 of the 121st General Assembly, the Adjutant General 9,969
may request release of any amount remaining in appropriation item 9,970
911-423, Army National Guard, to be used exclusively for the 9,971
purpose of armory maintenance and repair.
Emergency 9-1-1 Training 9,973
Of the foregoing appropriation item 911-430, Emergency 9,975
9-1-1 Training, any unencumbered and unallotted fiscal year 1998 9,976
amounts shall be transferred by the Director of Budget and 9,977
Management to appropriation item 911-430, Emergency 9-1-1 9,978
Training, in fiscal year 1999. Those amounts so transferred from 9,979
fiscal year 1998 to fiscal year 1999 are hereby appropriated. 9,980
AFIT 9,982
Of the foregoing appropriation item 911-433, AFIT, no funds 9,984
shall be released in fiscal year 1998 or fiscal year 1999 until 9,985
the Board of Regents present to the Controlling Board a spending 9,986
plan for AFIT, subsequent to the consortium of universities 9,987
unanimously agreeing on such plan. 9,988
Rural Fire Departments 9,990
Upon the passage of legislation by the 122nd General 9,992
Assembly, the Department of Commerce may apply for release of 9,993
funds from the foregoing appropriation item 911-436, Rural Fire 9,994
Departments. 9,995
Sec. 112. SLC OHIO STUDENT AID COMMISSION 9,997
State Special Revenue Fund Group 9,999
462 373-603 Operating Expenses $ 2,586,603 $ 0 10,004
15,000 10,005
TOTAL SSR State Special Revenue 10,006
Fund Group $ 2,586,603 $ 0 10,009
15,000 10,010
TOTAL ALL BUDGET FUND GROUPS $ 2,586,603 $ 0 10,013
15,000 10,014
Commission Termination Authority 10,017
The foregoing appropriation item 373-603, Operating 10,019
226
Expenses, shall be used by the Director of Budget and Management 10,021
to satisfy any outstanding financial obligations of the Ohio 10,022
Student Aid Commission. The appropriation item may also be used 10,023
to incur any new obligations associated with the termination of 10,024
the operations of the Student Aid Commission. The AFTER ALL 10,025
OBLIGATIONS HAVE BEEN MET, THE Director shall transfer DISBURSE 10,026
any unobligated balance in the Operating Expenses Fund (Fund 10,028
462), remaining on NO LATER THAN June 30, 1998 1999, to such 10,029
entity as shall be designated by written directive of the federal 10,031
agency responsible for administering the Federal Family Education 10,032
Loan Program. Amounts necessary to complete MAKE this transfer 10,033
DISBURSEMENT are hereby appropriated. The Director of Budget and 10,034
Management shall take such actions as are necessary to complete 10,035
the termination of the operations of the Ohio Student Aid 10,036
Commission and may take steps to request of the General Assembly 10,037
the repeal of the Commission's statutes and the rescissions of 10,039
the Commission's rules."
Section 85. That existing sections 20, 29, 40, and 112 of 10,041
Am. Sub. H.B. 215 of the 122nd General Assembly are hereby 10,043
repealed.
Section 86. Section 40 of Am. Sub. H.B. 215 of the 122nd 10,045
General Assembly as amended by this act is not subject to the 10,046
referendum. Therefore, under Ohio Constitution, Article II, 10,047
Section 1d and section 1.471 of the Revised Code, the section as 10,048
amended by this act goes into immediate effect when this act
becomes law. 10,049
Section 87. That Section 50.06 of Am. Sub. H.B. 215 of the 10,051
122nd General Assembly, as amended by Am. Sub. H.B. 182, Am. Sub. 10,052
H.B. 650, and Am. Sub. H.B. 770 of the 122nd General Assembly, be 10,054
amended to read as follows:
"Sec. 50.06. Base Cost Funding 10,056
Of the foregoing appropriation item 200-501, Base Cost 10,058
Funding, up to $6,000,000 in each year of the biennium shall be 10,060
expended by the State Board of Education for the extended service 10,061
227
allowance which shall be the teachers' salaries pursuant to the 10,062
schedule contained in section 3317.13 of the Revised Code, plus 10,063
fifteen per cent for retirement and sick leave; up to $425,000 10,065
shall be expended in each year of the biennium for court payments 10,066
pursuant to section 2151.357 of the Revised Code; up to $150,000 10,067
in each year of the biennium shall be expended pursuant to 10,068
section 3313.64 of the Revised Code; the Superintendent of Public 10,069
Instruction shall expend in fiscal year 1998 the amount necessary 10,070
for the purpose of making payments for the vocational education 10,071
pupil recomputation pursuant to division (M) of section 3317.024 10,072
of the Revised Code and the provisions under the section headed 10,073
"Vocational Education Pupil Recomputation" in Am. Sub. H.B. 215 10,076
of the 122nd General Assembly and the special education pupil 10,077
recomputation pursuant to division (I) of section 3317.023 of the 10,078
Revised Code; up to $100,000 shall be expended in each year of 10,079
the biennium for supplemental payments pursuant to the section 10,080
headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd 10,082
General Assembly; an amount shall be available each year of the 10,084
biennium for the cost of the reappraisal guarantee pursuant to 10,085
section 3317.04 of the Revised Code; up to $9,000,000 in each 10,086
year of the biennium shall be reserved for payments pursuant to 10,087
sections 3317.026, 3317.027, and 3317.028 of the Revised Code 10,088
except that the Controlling Board may increase the $9,000,000 10,089
amount if presented with such a request from the Department of 10,090
Education. Of the foregoing appropriation line item 200-501, 10,091
Base Cost Funding, up to $13,861,282 shall be used in fiscal year 10,092
1999 to provide additional state aid to school districts for 10,093
students in category three special education ADM pursuant to 10,094
division (C)(4) of section 3317.022 of the Revised Code; up to 10,095
$2,000,000 in each year of the biennium shall be reserved for 10,096
Youth Services tuition payments pursuant to section 3317.024 of 10,097
the Revised Code; up to $1,300,000 in fiscal year 1998 and 10,098
$1,300,000 in fiscal year 1999 for small district aid; for 10,099
districts with an ADM of less than 100, in addition to other 10,100
228
funds, an amount shall be paid equal to the amount above the 10,101
actual fiscal year 1996 and 1997 amounts for basic aid, including 10,102
any guarantee aid the district would have received in fiscal 10,103
years 1996 and 1997 had the amendments to divisions (D) and (E) 10,104
of section 3317.0212 of the Revised Code, as amended in Am. Sub. 10,105
H.B. 215 of the 122nd General Assembly, been in effect; up to 10,107
$500,000 in each fiscal year shall be used to make payments to 10,108
school districts that lose enrollment due to the implementation 10,109
of the community schools program pursuant to Am. Sub. H.B. 215 of 10,110
the 122nd General Assembly; $500,000 shall be transferred each 10,111
year by the Director of Budget and Management to appropriation 10,113
item 200-422, School Management Assistance, to help the 10,114
Department of Education administer, monitor, and implement the
fiscal emergency and fiscal watch provisions under Chapter 3316. 10,115
of the Revised Code; up to $45,330,000 in fiscal year 1998 and up 10,116
to $47,795,600 in fiscal year 1999 shall be reserved to fund the 10,118
state reimbursement of educational service centers pursuant to 10,119
section 3317.11 of the Revised Code; and up to $1,260,000 in
fiscal year 1998 shall be used by the Superintendent of Public 10,121
Instruction to make incentive payments in any amounts the 10,123
superintendent deems necessary to joint educational service
centers established pursuant to section 3311.053 of the Revised 10,124
Code. These supplemental payments may be made in fiscal year 10,125
1998 to defray the direct or indirect expenses of dissolving 10,126
participating educational service centers. Each joint 10,127
educational service center seeking a supplemental payment in
fiscal year 1998 shall submit to the Superintendent of Public 10,128
Instruction any documents and information that the Superintendent 10,129
may require no later than December 31, 1997. UP TO $2,200,000 IN 10,131
FISCAL YEAR 1999 MAY BE USED BY THE DEPARTMENT OF EDUCATION TO 10,132
PROVIDE GRANTS TO COMMUNITY SCHOOLS FOR THE SPECIAL EDUCATION 10,133
COSTS EXCEEDING THE SPECIAL EDUCATION FUNDING AMOUNTS RECEIVED BY
COMMUNITY SCHOOLS PURSUANT TO SECTION 3314.08 OF THE REVISED CODE 10,134
AND SECTION 50.52.10 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 10,136
229
ASSEMBLY. THE DEPARTMENT SHALL REVIEW AND EVALUATE REQUESTS FOR 10,137
GRANTS BASED ON THE HANDICAPPED CONDITION OF THE STUDENTS SERVED 10,138
BY COMMUNITY SCHOOLS AND THE REASONABLENESS OF THE REQUESTS IN 10,139
LIGHT OF OTHER SOURCES OF REVENUE AVAILABLE TO COMMUNITY SCHOOLS.
BASED ON THE RESULTS OF ITS EVALUATIONS, THE DEPARTMENT MAY FULLY 10,140
OR PARTIALLY APPROVE THE FUNDING REQUESTS. 10,141
Notwithstanding any contrary provision of section 3313.843 10,143
or 3317.11 of the Revised Code as amended by Amended Substitute 10,144
House Bill No. 650 of the 122nd General Assembly, students 10,146
receiving special education programs or related services in 10,147
fiscal year 1998 through a state-funded special education 10,148
classroom unit or a state-funded special education related 10,149
services unit operated by an educational service center shall 10,150
receive that program or those services from that educational
service center in fiscal year 1999 through a contract entered 10,151
into between the educational service center and the students' 10,152
school district of enrollment unless the service center and 10,153
district mutually agree that it is in the best interests of 10,154
students to provide the program or services in a different
manner. The contract for fiscal year 1999 shall provide for 10,155
payment to the service center by the students' school district of 10,156
enrollment for the program or services provided by the service 10,157
center. If the service center and school district fail to agree 10,158
on a payment amount for the students, they shall notify the 10,159
department of education and the department shall determine the
amount to be paid. If the service center and the district 10,160
disagree that it is in the best interests of students to have the 10,161
students receive the program or services in fiscal year 1999 from 10,162
the service center, the district or service center shall notify 10,163
the department of education and, prior to March 31, 1998, the 10,164
department shall determine what manner of program or services in
fiscal year 1999 is in the best interests of the students. 10,165
Of the foregoing appropriation item 200-501, Base Cost 10,167
Funding, up to $1,000,000 in each fiscal year shall be used by 10,169
230
the Department of Education for a pilot program to pay for 10,170
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 10,171
facilities described in division (A) of the section titled 10,172
"Private Treatment Facility Pilot Project." 10,173
The remaining portion of this appropriation item shall be 10,175
expended for base cost funding for the public schools of city, 10,177
local, and exempted village school districts pursuant to 10,178
divisions (A) and (C) of section 3317.022 of the Revised Code. 10,179
Any amounts which were encumbered in fiscal year 1997 by the 10,180
Department of Education from appropriation item 200-501, School 10,181
Foundation Basic Allowance, for any of the uses described in 10,183
Section 45.05 of Am. Sub. H.B. 117 of the 121st General Assembly,
but which, on the effective date of this amendment of this 10,184
section, remain unexpended, may be used by the Department of 10,185
Education to make payments for the purposes of sections 3317.027 10,186
and 3317.028 of the Revised Code in excess of the amounts 10,187
specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st
General Assembly, for fiscal year 1997 obligations pursuant to 10,188
sections 3317.027 and 3317.028 of the Revised Code." 10,189
Section 88. That existing Section 50.06 of Am. Sub. H.B. 10,191
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 10,192
182, Am. Sub. H.B. 650, and Am. Sub. H.B. 770 of the 122nd 10,193
General Assembly, is hereby repealed.
Section 89. That Section 50.08 of Am. Sub. H.B. 215 of the 10,195
122nd General Assembly, as amended by Am. Sub. H.B. 650 of the 10,196
122nd General Assembly, be amended to read as follows: 10,197
"Sec. 50.08. Pupil Transportation 10,200
Of the foregoing appropriation item 200-502, Pupil 10,202
Transportation, up to $680,000 may be used by the Department of 10,203
Education each year for training prospective and experienced 10,204
school bus drivers in accordance with training programs 10,205
prescribed by the department; up to $63,500 of the item shall be 10,206
used each fiscal year for school bus rider safety programs 10,207
231
pursuant to sections 3327.16 and 5126.061 of the Revised Code; UP 10,209
TO $90,000 IN FISCAL YEAR 1999 SHALL BE USED BY THE LUCAS COUNTY 10,210
EDUCATIONAL SERVICE CENTER TO FUND A PUPIL TRANSPORTATION PILOT 10,211
PROJECT PURSUANT TO SECTION 19 OF AM. SUB. H.B. 650 OF THE 122nd 10,213
GENERAL ASSEMBLY; and up to $25,725,000 in fiscal year 1998 and 10,215
$27,010,000 in fiscal year 1999 shall be used for handicapped 10,216
transportation; and the remainder shall be used for the state 10,217
reimbursement of public school districts' costs in transporting 10,218
pupils to and from the school to which they attend in accordance 10,219
with the district's policy, State Board of Education standards, 10,220
and the Revised Code.
Bus Purchase Allowance 10,222
The foregoing appropriation item 200-503, Bus Purchase 10,224
Allowance, shall be distributed to school districts and 10,225
educational service centers pursuant to rules adopted under 10,227
section 3317.07 of the Revised Code. Up to 25 per cent of the 10,228
amount appropriated may be used to reimburse school districts and 10,229
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 10,231
School Lunch 10,233
The foregoing appropriation item 200-505, School Lunch 10,235
Match, shall be used to provide matching funds to obtain federal 10,236
funds for the school lunch program." 10,237
Section 90. That existing Section 50.08 of Am. Sub. H.B. 10,239
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 10,240
650 of the 122nd General Assembly, is hereby repealed. 10,241
Section 91. Up to $2,200,000 in fiscal year 1999 may be 10,243
used by the Department of Education to provide grants to 10,244
community schools for the special education costs exceeding the 10,245
special education funding amounts received by community schools 10,246
pursuant to section 3314.08 of the Revised Code and Section
50.52.10 of Am. Sub. H.B. 215 of the 122nd General Assembly. The 10,248
department shall review and evaluate the requests based on the 10,249
handicapped condition of the students served by community schools 10,250
232
and the reasonableness of the requests in light of other sources 10,251
of revenue available to community schools. Based on the results 10,252
of the evaluations, the department may fully or partially approve 10,253
the funding requests.
Section 92. That Section 190 of Am. Sub. H.B. 215 of the 10,255
122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 10,256
122nd General Assembly, be amended to read as follows: 10,257
"Sec. 190. Ohio Departments Building 10,259
(A) As used in this section: 10,261
(1) "Repair and renovate" and "repair and renovation" 10,263
include, but are not limited to, planning, programming, design, 10,264
constructions, furnishing, and equipping of the Ohio Departments 10,265
Building;.
(2) "Appropriation" means appropriation items CAP-815 and 10,268
CAP-849 in Section 28 of Am. H.B. 748 of the 121st General 10,269
Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in 10,273
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 10,276
the Supreme Court for the repair and renovation of the Ohio 10,277
Departments Building.
(B) The appropriation shall be used by or at the direction 10,279
of the Supreme Court of Ohio for the repair and renovation of the 10,280
Ohio Departments Building as follows: 10,281
(1) A portion shall be used by the Department of 10,283
Administrative Services for the repair and renovation of the 10,284
exterior, roof, and grounds of the Ohio Departments Building;. 10,285
(2) The remaining portion shall be used after January 1, 10,287
1998 by the Ohio Building Authority for other expenses associated 10,288
with the repair and renovation of the Ohio Departments Building, 10,289
including, but not limited to, the interior and grounds of the 10,290
Building.
(C) The TO USE THAT PORTION OF THE APPROPRIATION MADE TO 10,292
THE DEPARTMENT OF ADMINISTRATIVE SERVICES, THE Ohio Building 10,294
Authority, with the prior approval of the Supreme Court, shall 10,296
233
submit a plan and cost estimate of repair and renovation set
forth in division (B)(2) of this section to the Department of 10,297
Administrative Services. Based upon the plan, the Director of 10,298
Administrative Services shall request the Director of Budget and 10,299
Management to release from the appropriation the estimated 10,300
amount. The Director of Budget and Management may release the 10,301
appropriation and, upon that release, the Director of 10,302
Administrative Services shall transfer the amount released to the 10,303
Ohio Building Authority, which shall use the moneys, and any 10,304
investment earnings on the moneys and other available receipts as 10,306
defined in section 152.09 of the Revised Code, to pay the costs 10,307
of the repair and renovation.
TO USE THAT PORTION OF THE APPROPRIATION MADE TO THE 10,310
JUDICIARY/SUPREME COURT, THE ADMINISTRATIVE DIRECTOR OF THE 10,312
SUPREME COURT SHALL REQUEST THE DIRECTOR OF BUDGET AND MANAGEMENT 10,314
TO RELEASE FROM THE APPROPRIATION THE AMOUNT NEEDED. THE 10,315
DIRECTOR OF BUDGET AND MANAGEMENT MAY RELEASE THE APPROPRIATION 10,316
AND, UPON THAT RELEASE, THE ADMINISTRATIVE DIRECTOR OF THE 10,318
SUPREME COURT SHALL TRANSFER THE AMOUNT RELEASED TO THE OHIO 10,320
BUILDING AUTHORITY, WHICH SHALL USE THE MONEYS, AND ANY 10,322
INVESTMENT EARNINGS ON THE MONEYS AND OTHER AVAILABLE RECEIPTS AS
DEFINED IN SECTION 152.09 OF THE REVISED CODE, TO PAY THE COSTS 10,323
OF THE REPAIR AND RENOVATION.
(D) Upon completion of the repair and renovation: 10,325
(1) Any moneys received by the Ohio Building Authority for 10,328
the repair and renovation that have not been used shall be 10,329
refunded to the Department of Administrative Services 10,330
JUDICIARY/SUPREME COURT for deposit into Fund 026;. 10,331
(2) The Supreme Court shall own, operate, and manage the 10,333
Ohio Departments Building. 10,334
(E) The Supreme Court may enter into contracts or other 10,336
agreements with the Department of Administrative Services, the 10,337
Ohio Building Authority, another state entity, or a private 10,338
contractor to operate and manage the Ohio Departments Building. 10,339
234
(F) To assist the Ohio Building Authority, the Department 10,341
of Administrative Services and the Supreme Court may assign, 10,342
amend, or enter into any necessary or appropriate leases, 10,343
contracts, or agreements relating to the Ohio Departments 10,344
Building to or with the Ohio Building Authority upon terms 10,345
satisfactory to all parties.
(G) Repairs and renovations that are made using the 10,347
appropriation are exempt from section 3379.10 of the Revised 10,348
Code, the per cent for arts program."
Section 93. That existing section 190 of Am. Sub. H.B. 215 10,350
of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of 10,351
the 122nd General Assembly, is hereby repealed. 10,352
Section 94. That Section 18 of Am. Sub. H.B. 650 of the 10,354
122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 10,355
122nd General Assembly, be amended to read as follows: 10,356
"Sec. 18. (A) As used in this section: 10,358
(1) "FY 1998 state aid" means the total amount of state 10,360
money received by a school district in FOR fiscal year 1998 as 10,362
reported on the Department of Education's form "SF-12," adjusted 10,363
as follows: 10,364
(a) Minus any amounts for approved preschool handicapped 10,367
units;
(b) Minus any additional amount attributable to the 10,370
reappraisal guarantee of division (C) of section 3317.04 of the 10,371
Revised Code;
(c) Plus the amount deducted for payments to an 10,373
educational service center; 10,374
(d) Plus an estimated portion of the state money 10,376
distributed in fiscal year 1998 to other school districts or 10,377
educational service centers for approved units, other than 10,378
preschool handicapped or gifted education units, attributable to 10,379
the costs of providing services in those units to students 10,380
entitled to attend school in the district; 10,381
(e) Minus an estimated portion of the state money 10,383
235
distributed to the school district in fiscal year 1998 for 10,384
approved units, other than preschool handicapped units or gifted 10,385
education units, attributable to the costs of providing services 10,386
in those units to students entitled to attend school in another 10,387
school district; 10,388
(f) Plus any additional amount paid pursuant to the 10,391
vocational education recomputation required by former Section 10,392
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 10,394
(g) Plus any additional amount paid pursuant to the 10,397
special education recomputation required by former division (I) 10,398
of section 3317.023 of the Revised Code; 10,399
(h) Plus any amount paid for equity aid under section 10,402
3317.0213 of the Revised Code; 10,403
(i) PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO 10,405
SECTION 3317.027 OF THE REVISED CODE; 10,406
(j) PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO A 10,408
RECOMPUTATION MADE UNDER DIVISION (B) OF SECTION 3317.022 OF THE 10,409
REVISED CODE.
(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 10,412
state aid," and "FY 2002 state aid" mean the total amount of 10,413
state money a school district is eligible to receive for the 10,414
applicable fiscal year under divisions (A), (B), (C)(1), and (D) 10,415
of section 3317.022 and sections 3317.025 to 3317.028, 3317.027, 10,418
3317.029, 3317.0212, and 3317.0213 of the Revised Code, plus any 10,420
amount for which the district is eligible pursuant to division 10,421
(C) of section 3317.023, divisions (G) and (P) of section 10,422
1317.024 3317.024, and division (B) of section 3317.162 of the 10,424
Revised Code, and prior to any deductions or credits required by 10,426
division (B), (D), (E), (F), (G), (H), (I), (J), or (K) of 10,428
section 3317.023 or division (J) of section 3317.029 of the 10,430
Revised Code.
(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 10,433
actual aid," and "FY 2002 actual aid" means the amount of the 10,434
state aid described in division (A)(2) of this section that was 10,435
236
actually paid to a school district in the applicable fiscal year 10,436
after the application of divisions (B) to (E) of this section. 10,437
(4) "FY 1998 ADM," "formula ADM," and "three-year average 10,440
formula ADM" have the meanings prescribed in section 3317.02 of 10,441
the Revised Code. 10,442
(5) "All-day kindergarten" has the meaning prescribed in 10,444
section 3317.029 of the Revised Code. 10,445
(B) In fiscal year 1999, notwithstanding any provision of 10,448
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 10,449
(1) 110 per cent of FY 1998 state aid; 10,451
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 10,454
of fiscal year 1999 formula ADM or three-year average formula 10,455
ADM.
If a district's projected FY 1999 state aid is more than 10,457
the greater of division (B)(1) or (2) of this section, such 10,459
district shall receive only the greater of division (B)(1) or (2) 10,461
of this section in fiscal year 1999. 10,462
(C) In fiscal year 2000, notwithstanding any provision of 10,465
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 10,466
(1) 110 per cent of FY 1999 actual aid; 10,468
(2) [1.06 X (FY 1999 actual aid/fiscal year 1999 formula 10,471
ADM)< X the greater of fiscal year 2000 formula ADM or three-year 10,472
average formula ADM.
If a district's projected FY 2000 state aid is more than 10,474
the greater of division (C)(1) or (2) of this section, such 10,475
district shall receive only the greater of division (C)(1) or (2) 10,477
of this section in fiscal year 2000. 10,478
(D) In fiscal year 2001, notwithstanding any provision of 10,481
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 10,482
(1) 110 per cent of FY 2000 actual aid; 10,485
(2) [1.06 X (FY 2000 actual aid/fiscal year 2000 formula 10,488
237
ADM)< X the greater of fiscal year 2001 formula ADM or three-year 10,489
average formula ADM.
If a district's projected FY 2001 state aid is more than 10,491
the greater of division (D)(1) or (2) of this section, such 10,493
district shall receive only the greater of division (D)(1) or (2) 10,496
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 10,499
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 10,500
(1) 110 per cent of FY 2001 actual aid; 10,503
(2) [1.06 X (FY 2001 actual aid/fiscal year 2001 formula 10,506
ADM)< X the greater of fiscal year 2002 formula ADM or three-year 10,507
average formula ADM.
If a district's projected FY 2002 state aid is more than 10,509
the greater of division (E)(1) or (2) of this section, such 10,511
district shall receive only the greater of division (E)(1) or (2) 10,513
of this section in fiscal year 2002. 10,514
(F) This division and division (G) of this section apply 10,516
only to districts subject to division (F) of section 3317.029 of 10,517
the Revised Code. As used in this division and division (G) of 10,519
this section:
(1) "Capped district" means a district that pursuant to 10,521
division (B), (C), (D), or (E) of this section will not receive 10,523
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 10,524
aid.
(2) "DPIA funds" means: 10,526
(a) In FY 1998, the amount calculated for the district 10,528
pursuant to division (B) of section 3317.023 of the Revised Code 10,529
as it existed in that fiscal year; 10,530
(b) In any fiscal year after FY 1998, the total amount 10,532
calculated for the district for that fiscal year pursuant to 10,533
section 3317.029 of the Revised Code. 10,534
(3) "Exempt DPIA portion" means: 10,536
(a) In the case of any district other than a capped 10,538
238
district, an amount equal to zero; 10,539
(b) In the case of a capped district, the amount resulting 10,541
from the application of the following formula: 10,543
(The district's DPIA funds for the year of the calculation minus 10,545
the district's DPIA funds for FY 1998) minus (the district's 10,547
actual aid for the year of the calculation minus the district's 10,548
FY 98 1998 state aid)
However, if this formula produces a negative number, the 10,550
district's exempt DPIA portion is zero. 10,551
(4) "Required all-day kindergarten" for a district means 10,553
the provision of all-day kindergarten to the number of students 10,554
in the district's kindergarten percentage specified pursuant to 10,555
division (H)(1) of section 3317.029 of the Revised Code. 10,556
(G) Notwithstanding any provision of law to the contrary: 10,558
(1) In the case of any district, the district's DPIA funds 10,560
are hereby deemed to first consist of any disadvantaged pupil 10,561
impact aid calculated for the district for all-day kindergarten 10,562
under division (D) of section 3317.029 of the Revised Code, and 10,563
to next consist of any disadvantaged pupil impact aid calculated 10,564
for the district under divisions (C) and (E) of section 3317.029 10,565
of the Revised Code. Each district shall expend whatever funds 10,566
necessary to ensure provision of its required all-day
kindergarten. 10,567
(2) In FY 1999, a district shall expend for the purposes 10,569
of section 3317.029 of the Revised Code an amount equal to at 10,570
least twenty-five per cent of the resultant derived from 10,571
subtracting the district's exempt DPIA portion from the amount 10,572
calculated for the district under divisions (C) and (E) of 10,573
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 10,575
of section 3317.029 of the Revised Code an amount equal to at 10,576
least fifty per cent of the resultant derived from subtracting 10,577
the district's exempt DPIA portion from the amount calculated for 10,578
the district under divisions (C) and (E) of section 3317.029 of 10,579
239
the Revised Code.
(4) In FY 2001, a district shall expend for the purposes 10,581
of section 3317.029 of the Revised Code an amount equal to at 10,582
least seventy-five per cent of the resultant derived from 10,583
subtracting the district's exempt DPIA portion from the amount 10,584
calculated for the district under divisions (C) and (E) of 10,585
section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one 10,587
hundred per cent of its DPIA funds for the purposes of section 10,588
3317.029 of the Revised Code. 10,589
(6) Districts shall comply with the requirements of 10,591
division (G) of section 3317.029 of the Revised Code." 10,592
Section 95. That existing Section 18 of Am. Sub. H.B. 650 10,594
of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of 10,595
the 122nd General Assembly, is hereby repealed. 10,596
Section 96. That Section 19 of Am. Sub. H.B. 650 of the 10,598
122nd General Assembly be amended to read as follows: 10,599
"Sec. 19. There is hereby established a pupil 10,601
transportation pilot project to demonstrate innovative, 10,602
efficient, and cost-reducing cooperative methods of transporting 10,603
pupils on a countywide basis. The Superintendent of Public 10,605
Instruction shall receive proposals from educational service 10,606
centers and shall approve two locations for the pupil 10,607
transportation pilot project. One location shall be an 10,608
educational service center with a majority of its territory 10,609
included in the same county as a big eight school district; the 10,610
other location shall be an educational service center serving 10,612
three or more school districts in a small, rural county. The
Superintendent of Public Instruction shall select an educational 10,613
service center to participate only if a majority of the 10,614
superintendents of the school districts receiving services from 10,615
the educational service center agree to participate in the 10,616
project and only if the participating school districts are 10,617
contiguous. 10,618
240
Under the supervision of the educational service center, 10,620
the superintendents of the participating school districts shall 10,621
cooperatively develop a plan for the transportation of pupils by 10,622
the most efficient method designed to effect savings in the 10,623
aggregate transportation costs of all the participating school 10,625
districts. The plan may propose the cooperative operation of the 10,627
equipment and use of the personnel of any participating school
district and other agreed to alternative methods of transporting 10,628
pupils designed to achieve efficiency. Provided however, that 10,629
every pupil entitled under Chapter 3327. OR SECTION 3313.97, 10,630
3313.981, OR 3314.09 of the Revised Code OR SECTION 50.52.11 OF 10,631
AM. SUB. H. B. 215 OF THE 122nd GENERAL ASSEMBLY to receive 10,633
transportation shall continue to be transported, AND PROVIDED 10,634
THAT PARENTS, GUARDIANS, OR OTHER PERSONS ELIGIBLE FOR PAYMENT OR 10,635
REIMBURSEMENT UNDER SECTION 3327.01 OF THE REVISED CODE REMAIN 10,636
ELIGIBLE FOR THAT PAYMENT OR REIMBURSEMENT. 10,637
The Legislative Office of Education Oversight shall monitor 10,639
the implementation of the pilot project to determine whether the 10,640
programs suggest innovative, effective cooperative ways to deal 10,641
with the transportation of pupils that may be applicable beyond 10,642
the pilot project locations. 10,643
As used in this section, "big eight school district" has 10,645
the same meaning as in section 3314.02 of the Revised Code." 10,646
Section 97. That existing Section 19 of Am. Sub. H.B. 650 10,648
of the 122nd General Assembly is hereby repealed. 10,649
Section 98. That Sections 7, 10, 11, 21.12, 25, and 30.21 10,651
of Am. Sub. S.B. 230 of the 122nd General Assembly be amended to 10,653
read as follows:
"Sec. 7. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 10,656
Reappropriations 10,656
CAP-773 Governor's Residence Restoration $ 4,705 10,659
CAP-785 Rural Areas Historical Projects $ 50,000 10,661
CAP-786 Rural Areas Community Improvements $ 1,768,690 10,663
2,268,690 10,664
241
CAP-804 Day Care Centers $ 842,261 10,666
CAP-817 Urban Areas Community Improvements $ 2,020,000 10,668
Total Department of Administrative Services $ 4,685,656 10,670
5,185,656 10,671
Rural Areas Historical Projects 10,674
From the foregoing appropriation item CAP-785, Rural Areas 10,676
Historical Projects, a $50,000 grant shall be made for the 10,677
Osnaburg Historical Society-Werner Inn renovations. 10,678
Rural Areas Community Improvements 10,680
From the foregoing appropriation item CAP-786, Rural Areas 10,682
Community Improvements, grants shall be made for the following 10,683
projects: $25,000 for the Belpre swimming pool project; $10,000 10,684
for Shadyside Municipal Building roof repairs; $250,000 for 10,685
Belmont County industrial park development; $100,000 for 10,686
Coshocton Courthouse renovations; $20,000 for the Smith Field
Memorial Foundation; $50,000 for Morgan County economic 10,687
development; $100,000 for the Zanesville Bicentennial 10,688
Celebration; $113,690 to the Ashtabula County Commissioners for 10,689
the Northeast 4-H Camp to make water and sewage improvements; 10,690
$500,000 for 4-H Camp Palmer in Fulton County; $100,000 for
Morgan County infrastructure; and $500,000 for the Medina County 10,691
Arts Center; AND $500,000 FOR RITZ THEATRE RENOVATIONS. 10,692
THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION 10,694
ITEM CAP-786, RURAL AREAS COMMUNITY IMPROVEMENTS, SHALL BE 10,696
$500,000 PLUS THE UNENCUMBERED AND UNALLOTTED BALANCE AS OF JUNE 10,697
30, 1998, IN APPROPRIATION ITEM CAP-786, RURUAL AREAS COMMUNITY 10,699
IMPROVEMENTS.
Urban Areas Community Improvements 10,701
From the foregoing appropriation item CAP-817, Urban Areas 10,703
Community Improvements, grants shall be made for the following 10,704
projects: $750,000 for Lincoln Heights Health Center; $100,000 10,705
for Maumee Youth Center; $200,000 for the birthplace of William 10,706
Howard Taft in Cincinnati; $150,000 for the Freedom House in 10,707
Cleveland; $95,000 for the Copley Township recreation project in
242
Summit County; $100,000 for Aviation Trail - Dayton; $125,000 for 10,708
Cleveland Playhouse Square; $25,000 for Columbus Civic Arena 10,709
development planning; $50,000 for the Columbus Symphony band 10,710
shell; $125,000 for East Cleveland City Hall renovations; 10,711
$100,000 for Hanna Fountain renovations - Cleveland; $100,000 for 10,712
Webco industrial area development - Cleveland; and $100,000 for
Martin Luther King Civic Center - East Cleveland. 10,713
Sec 10. DNR DEPARTMENT OF NATURAL RESOURCES 10,715
CAP-012 Land Acquisition $ 1,000,000 10,718
CAP-162 Roosevelt-Shawnee State Park $ 18,930 10,720
CAP-701 Buckeye Lake Dam Rehabilitation $ 2,497 10,722
CAP-702 Upgrade Underground Fuel Tanks $ 335,031 10,724
CAP-703 Cap Abandoned Water Wells $ 357,481 10,726
CAP-704 Replace Transformers $ 77,738 10,728
CAP-705 Rehabilitate Canals, Hydraulic Works, 10,729
and Support Facilities $ 21,379 10,731
CAP-738 Middletown Dam $ 87,272 10,733
CAP-742 Fountain Square Building/Telephone 10,734
System $ 53,748 10,736
CAP-823 Cost Sharing-Pollution Abatement $ 43,485 10,738
CAP-847 Assistance to Local Governments for 10,739
Conservation Works of Improvement $ 591,503 10,741
CAP-848 Hazardous Dam Repair $ 91,521 10,743
CAP-875 Ohio River Access $ 100,000 10,745
CAP-876 Statewide Trails Programs $ 45,000 10,747
100,000 10,748
CAP-929 Hazardous Waste/Asbestos Abatement $ 1,292,626 10,750
CAP-931 Wastewater/Water Systems Upgrades $ 49,858 10,752
CAP-932 Wetlands/Waterfront Development and 10,754
Acquisition $ 849,775 10,755
CAP-942 Local Parks Projects $ 55,225 10,757
CAP-969 Frost-Parker Wetlands Reserve $ 122,925 10,759
CAP-999 Geographic Information Management 10,760
System $ 3,293 10,762
243
Total Department of Natural Resources $ 5,199,287 10,764
5,254,287 10,765
Land Acquisition 10,768
The amount reappropriated from the foregoing appropriation 10,770
item CAP-012, Land Acquisition, shall be $1,000,000. 10,771
Statewide Trails Programs 10,773
The amount appropriated for the foregoing appropriation 10,775
item CAP-876, Statewide Trails Programs, shall be $45,000 10,776
100,000, which shall be used for the Cincinnati West Side Bike 10,778
Trail BY THE DEPARTMENT OF NATURAL RESOURCES IN CONSULTATION WITH 10,780
THE DEPARTMENT OF TRANSPORTATION FOR A RECREATIONAL TRAIL 10,781
FEASIBILITY STUDY. 10,782
Local Parks Projects 10,784
Of the foregoing appropriation item CAP-942, Local Parks 10,786
Projects, grants shall be made for the following projects: 10,787
$25,000 for River Access Park Development - Belpre; $100,000 for 10,788
Marietta Recreation Improvements; $15,000 for Urbancrest Martin 10,789
Luther King Park improvements, and $10,000 for Woodsfield Monroe 10,790
Park improvements.
Hazardous Waste/Asbestos Abatement 10,792
The amount reappropriated for the foregoing appropriation 10,794
item CAP-929, Hazardous Waste/Asbestos Abatement, shall be 10,795
$1,000,000 less than the unencumbered and unallotted balance of 10,796
June 30, 1998, in appropriation item CAP-929, Hazardous 10,797
Waste/Asbestos Abatement.
Sec. 11. DOT DEPARTMENT OF TRANSPORTATION 10,799
CAP-007 Muskingum County Intermodal Facility $ 700,000 10,802
Total Department of Transportation $ 700,000 10,804
Total General Revenue Fund $ 10,851,009 10,806
11,351,009 10,807
Sec. 21.12. DNR DEPARTMENT OF NATURAL RESOURCES 10,810
CAP-741 High Band Radio System $ 285,000 10,813
DNR COMMUNICATIONS SYSTEM 3,335,000 10,815
244
CAP-742 Fountain Square Building and Telephone 10,816
System Improvements $ 3,958,517 10,817
CAP-744 Multi-Agency Radio Communication 10,818
System (MARCS) Equipment $ 3,050,000 10,820
CAP-867 Reclamation Facility Renovation and 10,821
Development $ 225,000 10,822
CAP-928 Handicapped Accessibility $ 39,654 10,824
CAP-997 Zanesville/Marietta Nursery 10,825
Improvements $ 249,503 10,826
Total Department of Natural Resources $ 7,807,674 10,828
DNR COMMUNICATIONS SYSTEM 10,831
THE FOREGOING APPROPRIATION ITEM CAP-741, DNR 10,834
COMMUNICATIONS SYSTEM, SHALL BE THE SUM OF THE UNENCUMBERED AND 10,835
UNALLOTTED BALANCES AS OF JUNE 30, 1998, IN APPROPRIATION ITEMS
CAP-741, HIGH BAND RADIO SYSTEM, AND CAP-744, MULTI-AGENCY RADIO 10,837
COMMUNICATION SYSTEM (MARCS) EQUIPMENT. 10,838
Sec. 25. All items set forth in this section are hereby 10,840
appropriated out of any moneys in the state treasury to the 10,841
credit of the Arts Facilities Building Fund (Fund 030). Revenues 10,843
to the Arts Facilities Building Fund shall consist of proceeds of 10,844
obligations authorized to pay costs of the following capital 10,845
improvements:
Reappropriations 10,846
10,847
AFC ARTS FACILITIES COMMISSION
CAP-001 National Aviation Hall of Fame $ 5,000 10,850
CAP-002 Great Southern Opera House $ 5,000 10,852
CAP-003 Center of Science and Industry - 10,853
Toledo $ 119,726 10,854
CAP-004 Valentine Theatre $ 12,817,694 10,856
CAP-005 Center of Science and Industry - 10,857
Columbus $ 21,523,494 10,858
CAP-010 Sandusky State Theater Improvements $ 147,139 10,860
CAP-013 Stambaugh Hall Improvements $ 587,400 10,862
245
CAP-014 Dayton Natural History/Children's 10,863
Museum $ 1,250,000 10,864
CAP-015 Carillon Historic Park/Wright Hall $ 200,000 10,866
CAP-017 Zion Center of the National 10,867
Afro-American Museum $ 750,000 10,868
CAP-022 National Afro-American Museum - 10,869
Carnegie Library Renovations $ 223,768 10,870
CAP-023 National Afro-American Museum - 10,871
Demolition of Shorter Hall $ 240,000 10,872
CAP-029 Cincinnati Riverfront Development $ 333,332 10,874
CAP-033 Woodward Opera House Renovation $ 300,000 10,876
CAP-036 Ritz Theatre Renovations $ 500,000 10,878
CAP-037 Canton Palace - Theatre Renovations $ 38,700 10,880
CAP-734 Hayes Presidential Center $ 285,000 10,882
CAP-742 Ft. Meigs Museum $ 800,000 10,884
CAP-745 Historic Sites and Museums $ 106,500 10,886
CAP-772 Ft. Hill Building, Site, and Exhibit 10,887
Improvements $ 175,100 10,888
CAP-776 Flint Ridge Building, Site, and 10,889
Exhibit Improvements $ 275,100 10,890
CAP-785 Ohio Village Building Renovations and 10,891
Improvements $ 500,200 10,892
CAP-786 Piqua/Ft. Pickawillany Acquisition and 10,893
Improvements $ 802,948 10,894
Total Arts Facilities Commission $ 41,986,101 10,896
41,486,101 10,897
Total Arts Facilities Building Fund $ 41,986,101 10,899
41,486,101 10,900
Sec. 30.21. CLS CLEVELAND STATE UNIVERSITY 10,903
CAP-007 Stilwell Hall $ 73,567 10,906
CAP-017 Land Acquisition $ 252,085 10,908
CAP-023 Basic Renovations $ 3,115,544 10,910
CAP-044 Chester Building Rehabilitation $ 1,656,902 10,912
CAP-067 17th-18th Street Block $ 3,409,115 10,914
246
CAP-068 Main Classroom - Rhodes Tower Link $ 15,058 10,916
CAP-073 Cleveland Playhouse $ 500,000 10,918
1,000,000 10,919
CAP-081 Computer Center Cooling Tower $ 25,873 10,921
CAP-084 Neighborhood Centers Renovation $ 500 10,923
CAP-088 Asbestos $ 3,312,676 10,925
CAP-092 Handicapped Requirements $ 279,230 10,927
CAP-094 AMC Roofing/Law Building Steps $ 2,757 10,929
CAP-098 Rhodes Tower Electrical Substation $ 455,302 10,931
CAP-099 Main Classroom Plaza Conversion $ 2,333,000 10,933
CAP-100 Special Studies Space Conversion $ 673,000 10,935
CAP-101 Classroom Building Renovations $ 50,000 10,937
CAP-103 WCPN Radio Renovations $ 3,750 10,939
CAP-104 ADA Modifications $ 805,963 10,941
CAP-105 Basic Science Chiller $ 2,359 10,943
CAP-106 Sidewalk Seating Replacement $ 7,187 10,945
CAP-108 Chester Duct Bank $ 6,347 10,947
CAP-109 Classroom Upgrade $ 1,937,320 10,949
CAP-110 Technology Infrastructure $ 187,106 10,951
CAP-111 Intermuseum Laboratory $ 500,000 10,953
CAP-112 Land Acquisitions $ 2,000,000 10,955
CAP-113 Biomedical Research $ 1,000,000 10,957
CAP-114 Geographic Information Systems $ 292,418 10,959
CAP-115 Plant Services Building $ 43,988 10,961
Total Cleveland State University $ 22,941,047 10,963
CLEVELAND PLAYHOUSE 10,966
THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION 10,968
ITEM CAP-073, CLEVELAND PLAYHOUSE, SHALL BE $1,000,000." 10,969
Section 99. That existing Sections 7, 10, 11, 21.12, 25, 10,971
and 30.21 of Am. Sub. S.B. 230 of the 122nd General Assembly are 10,973
hereby repealed.
Section 100. That Section 140 of Am. Sub. H.B. 215 of the 10,975
122nd General Assembly is hereby repealed. 10,976
Section 101. If any item of law that constitutes the whole 10,978
247
or part of a codified or uncodified section of law contained in 10,979
this act, or if any application of any item of law that 10,980
constitutes the whole or part of a codified or uncodified section 10,981
of law contained in this act, is held invalid, the invalidity 10,982
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 10,983
application. To this end, the items of law of which the codified 10,984
and uncodified sections contained in this act are composed, and 10,985
their applications, are independent and severable. 10,986
Section 102. Except as otherwise specifically provided in 10,988
this act, the codified and uncodified sections of law and items 10,989
therein contained in this act are subject to the referendum. 10,990
Therefore, under Ohio Constitution, Article II, Section 1c and 10,991
section 1.471 of the Revised Code, the codified and uncodified 10,992
sections of law and items therein contained in this act, except
as otherwise specifically provided in this act, take effect on 10,993
the ninety-first day after this act is filed with the Secretary 10,994
of State. If, however, a referendum petition is filed against 10,995
any such section or item therein, the section or item, unless 10,996
rejected at the referendum, takes effect at the earliest time 10,997
permitted by law.
Section 103. Section 127.16 of the Revised Code is 10,999
presented in this act as a composite of the section as amended by 11,000
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 11,001
Assembly, with the new language of neither of the acts shown in 11,003
capital letters. This is in recognition of the principle stated 11,004
in division (B) of section 1.52 of the Revised Code that such 11,005
amendments are to be harmonized where not substantively 11,006
irreconcilable and constitutes a legislative finding that such is 11,007
the resulting version in effect prior to the effective date of 11,008
this act.
Section 104. Section 3345.50 of the Revised Code is 11,010
presented in this act as a composite of the section as amended by 11,012
both Am. H.B. 748 and Am. Sub. S.B. 264 of the 121st General 11,013
248
Assembly, with the new language of neither of the acts shown in 11,015
capital letters. This is in recognition of the principle stated 11,016
in division (B) of section 1.52 of the Revised Code that such 11,017
amendments are to be harmonized where not substantively 11,018
irreconcilable and constitutes a legislative finding that such is 11,019
the resulting version in effect prior to the effective date of 11,020
this act.