As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. 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-HARTLEY   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, 3301.0716,        20           

                3304.16, 3315.01, 3316.03, 3317.0212, 3317.03,     21           

                3318.03, 3318.04, 3318.12, 3318.15, 3318.25,                    

                3345.50, 3379.10, 4141.13, 5119.16, and 5739.024;  22           

                to amend, for the purpose of adopting a new        23           

                section number as indicated in parentheses,        24           

                section 125.101 (153.16); to enact sections                     

                113.40, 121.372, 126.15, 3318.11, and 5120.135;    25           

                and to repeal section 3345.51 of the Revised Code  26           

                and to amend Sections 20, 29, 40, and 112 of Am.   27           

                Sub. H.B. 215 of the 122nd General Assembly; to    28           

                amend Section 50.06 of Am. Sub. H.B. 215 of the                 

                122nd General Assembly, as amended by Am. Sub.     29           

                H.B. 182, Am. Sub. H.B. 650, and Am. Sub. H.B.     30           

                770 of the 122nd General Assembly; to amend        31           

                Section 50.08 of Am. Sub. H.B. 215 of the 122nd    32           

                General Assembly, as amended by Am. Sub. H.B. 650  33           

                of the 122nd General Assembly; to amend Section    34           

                190 of Am. Sub. H.B. 215 of the 122nd General      35           

                Assembly, as amended by Am. Sub. H.B. 770 of the                

                122nd General Assembly; to amend Section 18 of     36           

                                                          2      


                                                                 
                Am. Sub. H.B. 650 of the 122nd General Assembly,   37           

                as amended by Am. Sub. H.B. 770 of the 122nd                    

                General Assembly; to amend Section 19 of Am. Sub.  38           

                H.B. 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, 3301.0716, 3304.16, 3315.01,      53           

3316.03, 3317.0212, 3317.03, 3318.03, 3318.04, 3318.12, 3318.15,   54           

3318.25, 3345.50, 3379.10, 4141.13, 5119.16, and 5739.024 be       55           

amended; section 125.101 (153.16) be amended for the purpose of                 

adopting a new section number as indicated in parentheses; and     56           

sections 113.40, 121.372, 126.15, 3318.11, and 5120.135 of the     57           

Revised 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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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,  "SUBSTITUTE    661          

CARE PROVIDER" MEANS ANY OF THE FOLLOWING:                         662          

      (1)  AN ALCOHOL AND DRUG ADDICTION PROGRAM SUBJECT TO        665          

CERTIFICATION UNDER SECTION 3793.06 OF THE REVISED CODE;           667          

      (2)  AN INSTITUTION OR ASSOCIATION SUBJECT TO CERTIFICATION  670          

UNDER SECTION 5103.03 OF THE REVISED CODE;                         672          

      (3)  A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER       675          

SECTION 5119.22 OF THE REVISED CODE;                               677          

      (4)  A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER       681          

SECTION 5123.19 OF THE REVISED CODE.                               683          

      (B)  NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF  687          

THIS SECTION, THE MEMBERS OF THE OHIO FAMILY AND CHILDREN FIRST    689          

CABINET COUNCIL, OTHER THAN THE DIRECTOR OF BUDGET AND             690          

MANAGEMENT, SHALL ENTER INTO AN AGREEMENT TO ESTABLISH AN OFFICE   691          

TO PERFORM THE DUTIES PRESCRIBED BY DIVISION (C) OF THIS SECTION.  692          

                                                          17     


                                                                 
THE AGREEMENT SHALL SPECIFY ONE OF THE DEPARTMENTS REPRESENTED ON  693          

THE COUNCIL AS THE DEPARTMENT RESPONSIBLE FOR HOUSING AND          694          

SUPERVISING THE OFFICE.  THE AGREEMENT SHALL INCLUDE THE           695          

RECOMMENDATION OF THE COUNCIL FOR FUNDING THE OFFICE.              697          

      (C)  THE OFFICE ESTABLISHED PURSUANT TO THE AGREEMENT        700          

ENTERED INTO UNDER THIS SECTION SHALL REVIEW RULES GOVERNING THE   701          

CERTIFICATION AND LICENSURE OF SUBSTITUTE CARE PROVIDERS AND       702          

DETERMINE WHICH OF THE RULES CAN BE MADE SUBSTANTIVELY IDENTICAL   703          

OR MORE SIMILAR IN ORDER TO MINIMIZE THE NUMBER OF DIFFERING       704          

CERTIFICATION AND LICENSURE STANDARDS AND SIMPLIFY THE             705          

CERTIFICATION OR LICENSURE PROCESS FOR SUBSTITUTE CARE PROVIDERS   706          

SEEKING CERTIFICATION OR LICENSURE FROM TWO OR MORE OF THE         707          

DEPARTMENTS REPRESENTED ON THE COUNCIL.  THE OFFICE SHALL PROVIDE  708          

COUNTY FAMILY AND CHILDREN FIRST COUNCILS, SUBSTITUTE CARE         709          

PROVIDERS, AND PERSONS INTERESTED IN SUBSTITUTE CARE PROVIDERS                  

THE OPPORTUNITY TO HELP THE OFFICE WITH THE REVIEW AND             710          

DETERMINATION.  THE OFFICE SHALL REPORT ITS FINDINGS TO THE        711          

COUNCIL.  EACH OF THE DEPARTMENTS REPRESENTED ON THE COUNCIL THAT  713          

HAS ADOPTED RULES GOVERNING THE CERTIFICATION OR LICENSURE OF      714          

SUBSTITUTE CARE PROVIDERS SHALL REVIEW THE REPORT AND AMEND THE                 

RULES AS THAT DEPARTMENT CONSIDERS APPROPRIATE, EXCEPT THAT NO     715          

RULE SHALL BE AMENDED SO AS TO MAKE IT INCONSISTENT WITH           716          

SUBSTITUTE CARE PROVIDER CERTIFICATION OR LICENSURE PROCEDURES     717          

AND STANDARDS ESTABLISHED BY FEDERAL OR STATE LAW.  A DEPARTMENT   718          

SHALL GIVE PRIORITY TO AMENDMENTS THAT WILL NOT INCREASE THE       719          

DEPARTMENT'S ADMINISTRATIVE COSTS.  IN AMENDING A RULE, A          721          

DEPARTMENT SHALL COMPLY WITH CHAPTER 119. OR SECTION 111.15 OF     723          

THE REVISED CODE, AS REQUIRED BY THE REVISED CODE SECTION          726          

GOVERNING THE ADOPTION OF THE PARTICULAR RULE.                     727          

      (D)  IN ACCORDANCE WITH SECTION 124.27 OF THE REVISED CODE,  731          

THE COUNCIL SHALL SELECT A COORDINATOR TO OVERSEE THE OFFICE       732          

ESTABLISHED PURSUANT TO THE AGREEMENT ENTERED INTO UNDER THIS      733          

SECTION.  THE COORDINATOR SHALL BE IN THE CLASSIFIED SERVICE.  IN  735          

ADDITION TO OVERSEEING THE OFFICE, THE COORDINATOR SHALL PERFORM   736          

                                                          18     


                                                                 
ANY OTHER DUTIES THE COUNCIL ASSIGNS TO THE COORDINATOR.  THE                   

DUTIES THE COUNCIL ASSIGNS TO THE COORDINATOR SHALL BE RELATED TO  737          

THE DUTIES OF THE OFFICE UNDER DIVISION (C) OF THIS SECTION.       738          

      Sec. 123.15.  The director of administrative services may    747          

enter into contracts with proper persons for the performance of    748          

labor, the furnishing of materials, or the construction of any     749          

structures and buildings necessary to the maintenance, control,    750          

and management of the public works of the state, or any part       751          

thereof.                                                           752          

      The director shall require bonds of not less than one half   754          

of the contract price from said contractors, payable to the state  755          

and conditioned on the faithful performance of said contract.      756          

      Except in cases of extreme public exigency or emergency,     758          

and when the cost of any proposed improvement or repair exceeds    759          

five hundred dollars, the director shall give notice in a          761          

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,  762          

and he THE DIRECTOR may also advertise in such trade journals as   763          

will afford full information to the public of the terms of the     765          

contract and the nature of the work to be performed and the        766          

character of materials required, together with the time of the     767          

letting and place and manner of receiving proposals BIDS.          768          

      Such contracts shall be awarded to the lowest responsive     770          

and responsible bidder in accordance with section 9.312 of the     771          

Revised Code, shall be in writing, and shall contain specific      772          

prices for each kind of work to be performed and for materials to  773          

be furnished by the parties.                                       774          

      Sec. 125.023.  During the period of an emergency as defined  783          

in section 5502.21 of the Revised Code, the department of          784          

administrative services may suspend, with regard to the emergency  785          

management agency established in section 5502.22 of the Revised    786          

Code OR ANY OTHER STATE AGENCY PARTICIPATING IN RECOVERY           787          

ACTIVITIES AS DEFINED IN SECTION 5502.21 OF THE REVISED CODE, the  788          

purchasing and contracting requirements contained in sections      790          

                                                          19     


                                                                 
125.02 to 125.111 of the Revised Code AND ANY OF THE REQUIREMENTS  791          

OF CHAPTER 153. OF THE REVISED CODE that otherwise would apply to  792          

the agency.  The director of public safety or the deputy director  793          

of the emergency management agency shall make the request for the  794          

suspension of the purchasing and contracting THESE requirements    795          

to the department of administrative services concurrently with     796          

the request to the governor or the president of the United States  797          

for the declaration of an emergency.  The governor also shall      798          

include in any proclamation he THE GOVERNOR issues declaring an    799          

emergency language requesting the suspension of those              800          

requirements during the period of the emergency.                   801          

      Sec. 125.22.  (A)  The department of administrative          810          

services shall establish the central service agency to perform     811          

routine support for the following boards and commissions:          812          

      (1)  State board of examiners of architects;                 814          

      (2)  Barber board;                                           816          

      (3)  Chiropractic examining board;                           818          

      (4)  State board of cosmetology;                             820          

      (5)  Accountancy board;                                      822          

      (6)  State dental board;                                     824          

      (7)  Board of nursing;                                       826          

      (8)  State board of optometry;                               828          

      (9)(8)  Ohio occupational therapy, physical therapy, and     830          

athletic trainers board;                                           831          

      (10)(9)  State board of registration for professional        833          

engineers and surveyors;                                           834          

      (11)(10)  State board of sanitarian registration;            836          

      (12)(11)  Board of embalmers and funeral directors;          838          

      (13)(12)  State board of psychology;                         840          

      (14)(13)  Ohio optical dispensers board;                     842          

      (15)(14)  Board of speech pathology and audiology;           844          

      (16)(15)  Counselor and social worker board;                 846          

      (17)(16)  State veterinary medical licensing board;          848          

      (18)(17)  Ohio board of dietetics;                           850          

                                                          20     


                                                                 
      (19)(18)  Commission on Hispanic-Latino affairs;             852          

      (20)(19)  Ohio respiratory care board.                       854          

      (B)(1)  Notwithstanding any other section of the Revised     856          

Code, the agency shall perform the following routine support       857          

services for the boards and commissions named in division (A) of   858          

this section unless the controlling board exempts a board or       859          

commission from this requirement on the recommendation of the      860          

director of administrative services:                               861          

      (a)  Preparing and processing payroll and other personnel    863          

documents;                                                         864          

      (b)  Preparing and processing vouchers, purchase orders,     866          

encumbrances, and other accounting documents;                      867          

      (c)  Maintaining ledgers of accounts and balances;           869          

      (d)  Preparing and monitoring budgets and allotment plans    871          

in consultation with the boards and commissions;                   872          

      (e)  Maintaining information required by section 3729.40 of  874          

the Revised Code;                                                               

      (f)  Other routine support services that the director of     876          

administrative services considers appropriate to achieve           877          

efficiency.                                                        878          

      (2)  The agency may perform other services which a board or  880          

commission named in division (A) of this section delegates to the  881          

agency and the agency accepts.                                     882          

      (3)  The agency may perform any service for any              884          

professional or occupational licensing board not named in          885          

division (A) of this section or any commission if the board or     886          

commission requests such service and the agency accepts.           887          

      (C)  The director of administrative services shall be the    889          

appointing authority for the agency.                               890          

      (D)  The agency shall determine the fees to be charged to    892          

the boards and commissions, which shall be in proportion to the    893          

services performed for each board or commission.                   894          

      (E)  Each board or commission named in division (A) of this  896          

section and any other board or commission requesting services      897          

                                                          21     


                                                                 
from the agency shall pay these fees to the agency from the        898          

general revenue fund maintenance account of the board or           899          

commission or from such other fund as the operating expenses of    900          

the board or commission are paid.  Any amounts set aside for a     901          

fiscal year by a board or commission to allow for the payment of   902          

fees shall be used only for the services performed by the agency   903          

in that fiscal year.  All receipts collected by the agency shall   904          

be deposited in the state treasury to the credit of the central    905          

service agency fund, which is hereby created.  All expenses        906          

incurred by the agency in performing services for the boards or    907          

commissions shall be paid from the fund.                           908          

      (F)  Nothing in this section shall be construed as a grant   910          

of authority for the central service agency to initiate or deny    911          

personnel or fiscal actions for the boards and commissions.        912          

      Sec. 125.81.  The department of administrative services      921          

shall:                                                             922          

      (A)  Analyze and inspect continuously the utilization of     924          

all structures and real estate owned by the state or used by its   925          

agencies; and analyze and inspect continuously the condition of    926          

all such properties and their adequacy for the operations for      927          

which they are used.                                               928          

      (B)  Promulgate standards relating to the type of            930          

architecture, plan of, and utilization of buildings and other      931          

structures and public improvements.  Such standards shall be       932          

adhered to by the office of budget and management in examination   933          

of budget requests.  Such standards shall be made known to all     934          

departments, institutions, universities, offices and other         935          

agencies and bodies of the state, for their guidance in            936          

preparation of requests and recommendations relative to new        937          

buildings, new structures, or other public improvements.  Before   938          

promulgating such standards, the department of administrative      939          

services shall hold public hearings on all proposed standards.     940          

Reasonable public notice shall be given at least thirty days       941          

prior to the date set for a hearing.                               942          

                                                          22     


                                                                 
      NOTHING IN THIS SECTION SHALL INTERFERE WITH THE DIRECTOR    944          

OF TRANSPORTATION'S POWER TO PREPARE PLANS FOR, ACQUIRE            945          

RIGHTS-OF-WAY FOR, CONSTRUCT, OR MAINTAIN TRANSPORTATION           946          

FACILITIES, OR TO LET CONTRACTS FOR THOSE PURPOSES.                947          

      Sec. 126.03.  (A)  The director of budget and management     956          

shall:                                                                          

      (A)(1)  Prepare BIENNIALLY a capital plan that contains      959          

AND, WITH THE CONCURRENCE OF THE GOVERNOR, SUBMIT IT TO THE                     

GENERAL ASSEMBLY.  THE CAPITAL PLAN SHALL CONTAIN recommendations  960          

as to the acquisition of real estate and the construction of all   961          

public improvements.  The capital plan shall extend through a      962          

period of at least six years in the future and shall identify the  963          

projects which should be undertaken in each fiscal year BIENNIUM   964          

of the period through which the plan extends, together with        966          

estimated costs of all such recommended projects.                  967          

      (B)(2)  Require biennially, from the chief administrative    969          

authorities of affected state agencies, their recommendations as   970          

to the acquisition of real estate and construction of public       971          

improvements which will be needed through a period of at least     972          

six years in the future, together with a description of each       973          

proposed public improvement and the estimated capacity of the      974          

improvement in terms of its proposed use, a demonstration of the   975          

need for the real estate or public improvement, the benefits in    976          

governmental operations expected to result from the acquisition    977          

or construction, the state agencies which will occupy or control   978          

the real estate or improvement, and the location of the real       979          

estate or public improvement.  The director shall evaluate such    980          

recommended projects as to their validity and as to the            981          

comparative degree of need among them; notify the chief            982          

administrative authorities of the recommending agencies of the     983          

action taken on each such recommendation; and consult with and     984          

seek the recommendations of the chief administrative authorities   985          

of the affected agencies on all projects being considered for      986          

inclusion in the capital plan, whether originally proposed by the  987          

                                                          23     


                                                                 
director of budget and management or by a state agency.            988          

      (C)  Prepare (3)  AT THE REQUEST AND WITH THE CONCURRENCE    990          

OF THE GOVERNOR, PREPARE and recommend, subject to the             991          

concurrence of the governor, to the general assembly, on or        992          

before the first day of April in each even-numbered year of the    993          

regular session of the general assembly, a new BIENNIAL capital    994          

plan, which shall be a revised version of the capital plan which   996          

was in operation through the period since the last preceding       997          

regular legislative session.  The new capital plan shall include   998          

a detailed progress report on the execution of capital             999          

improvements, BUDGET THAT INCLUDES the recommendations of the      1,000        

director of budget and management as to projects to be undertaken  1,001        

OR REVISED during the forthcoming fiscal biennium and succeeding   1,003        

fiscal years, and such other revisions as to projects or their     1,005        

proper sequence as the director recommends FOLLOWING THE LATEST    1,006        

BIENNIUM FOR WHICH A CAPITAL APPROPRIATIONS ACT WAS ENACTED.  The  1,007        

capital plan BUDGET shall include all projects which the director  1,009        

considers to be necessary and feasible, whether originally         1,010        

proposed by him THE DIRECTOR or by a state agency.                 1,012        

      (D)  Examine all plans, estimates of cost, and other data    1,014        

which may be required, pertaining to each public improvement or    1,015        

purchase of real estate, and determine whether the plans,          1,016        

estimates of cost, and other data conform to the capital plan, as  1,017        

required in section 153.04 of the Revised Code, and to the         1,018        

standards promulgated under the authority of division (B) of       1,019        

section 125.81 of the Revised Code.                                1,020        

      Nothing in this section or section 125.81 of the Revised     1,022        

Code shall interfere with the power of the director of             1,023        

transportation in acquiring rights-of-way for the state highway    1,024        

system or in letting contracts for the construction or             1,025        

reconstruction of a highway.                                       1,026        

      (B)  IN THE CAPITAL PLAN AND CAPITAL BUDGET PREPARED UNDER   1,028        

THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL NOT      1,029        

PROVIDE FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION     1,030        

                                                          24     


                                                                 
OF, OR RECONSTRUCTION OF TRANSPORTATION FACILITIES BY THE          1,031        

DIRECTOR OF TRANSPORTATION, OTHER THAN TRANSPORTATION FACILITIES   1,032        

FINANCED BY THE OHIO BUILDING AUTHORITY.  DIVISION (A)(2) OF THIS  1,033        

SECTION DOES NOT REQUIRE THE DIRECTOR OF TRANSPORTATION TO         1,034        

PROVIDE TO THE DIRECTOR OF BUDGET AND MANAGEMENT RECOMMENDATIONS   1,035        

FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION OF, OR                   

RECONSTRUCTION OF TRANSPORTATION FACILITIES, OTHER THAN            1,036        

TRANSPORTATION FACILITIES FINANCED BY THE OHIO BUILDING            1,037        

AUTHORITY.                                                                      

      Sec. 126.15.  IF THE DIRECTOR OF BUDGET AND MANAGEMENT       1,039        

DETERMINES THAT ADJUSTMENTS TO THE CAPITAL OR OPERATING BUDGETS    1,040        

ARE REQUIRED BECAUSE OF THE REORGANIZATION OF ADMINISTRATIVE       1,041        

AGENCIES, THE TRANSFER OF PROGRAMS, THE CREATION OF NEW FUNDS,     1,042        

THE MODIFICATION OF CAPITAL PROJECTS, OR THE CONSOLIDATION OF      1,043        

FUNDS, AS AUTHORIZED BY AN ACT OF THE GENERAL ASSEMBLY, THE                     

DIRECTOR MAY BOTH REQUIRE THE HEAD OF THE ADMINISTERING AGENCY TO  1,044        

CERTIFY THE ESTIMATED AMOUNT OF THE CASH BALANCE TO BE             1,045        

TRANSFERRED TO THE RECEIVING FUND AND TRANSFER THE ESTIMATED       1,046        

AMOUNT TO THE RECEIVING FUND WHEN NEEDED TO MAKE PAYMENT.  NOT     1,047        

MORE THAN THIRTY DAYS AFTER CERTIFYING THE ESTIMATED AMOUNT, THE                

HEAD OF THE ADMINISTERING AGENCY SHALL CERTIFY TO THE DIRECTOR     1,048        

THE FINAL AMOUNT TO BE TRANSFERRED.  THE DIRECTOR SHALL ADJUST     1,049        

THE AMOUNT TRANSFERRED TO REFLECT ANY DIFFERENCE BETWEEN THE       1,050        

ESTIMATED AMOUNT TRANSFERRED AND THE FINAL AMOUNT.                 1,051        

      THE DIRECTOR OF BUDGET AND MANAGEMENT MAY CANCEL             1,053        

ENCUMBRANCES AND REESTABLISH ENCUMBRANCES OR PARTS OF              1,054        

ENCUMBRANCES AS NEEDED IN THE APPROPRIATE FUNDS AND APPROPRIATION  1,055        

ITEMS FOR THE SAME PURPOSES AND SAME VENDORS.  THE DIRECTOR MAY    1,056        

TRANSFER APPROPRIATION AUTHORITY NECESSARY TO REESTABLISH SUCH                  

ENCUMBRANCES IN A DIFFERENT FUND OR APPROPRIATION ITEM WITHIN AN   1,057        

AGENCY OR BETWEEN AGENCIES AS THE DIRECTOR DETERMINES NECESSARY.   1,058        

THE DIRECTOR SHALL REDUCE EACH OF THE APPROPRIATION BALANCES OF    1,059        

EACH FISCAL YEAR BY THE AMOUNT OF THE ENCUMBRANCES CANCELED IN     1,060        

THE RESPECTIVE FUNDS OR APPROPRIATION ITEMS.                                    

                                                          25     


                                                                 
      THE DIRECTOR ALSO MAY TRANSFER ANY UNENCUMBERED OR           1,062        

UNALLOTTED BALANCES TO THE APPROPRIATE LINE ITEM TO BE USED FOR    1,063        

THE SAME PURPOSES.                                                              

      Sec. 127.14.  The controlling board may, at the request of   1,072        

any state agency or the director of budget and management,         1,073        

authorize, with respect to the provisions of any appropriation     1,074        

act:                                                               1,075        

      (A)  Transfers of all or part of an appropriation within     1,077        

but not between state agencies, except such transfers as the       1,078        

director of budget and management is authorized by law to make,    1,079        

provided that no transfer shall be made by the director for the    1,080        

purpose of effecting new or changed levels of program service not  1,081        

authorized by the general assembly;                                1,082        

      (B)  Transfers of all or part of an appropriation from one   1,084        

fiscal year to another;                                            1,085        

      (C)  Transfers of all or part of an appropriation within or  1,087        

between state agencies made necessary by administrative            1,088        

reorganization or by the abolition of an agency or part of an      1,089        

agency;                                                            1,090        

      (D)  Transfers of all or part of cash balances in excess of  1,092        

needs from any fund of the state to the general revenue fund or    1,093        

to such other fund of the state to which the money would have      1,094        

been credited in the absence of the fund from which the transfers  1,095        

are authorized to be made, except that the controlling board may   1,096        

not authorize such transfers from the accrued leave liability      1,097        

fund, auto registration distribution fund, budget stabilization    1,098        

fund, development bond retirement fund, facilities establishment   1,099        

fund, gasoline excise tax fund, general revenue fund, higher       1,100        

education improvement fund, highway improvement bond retirement    1,101        

fund, highway obligations bond retirement fund, highways           1,102        

obligations construction fund, highway operating fund, horse       1,103        

racing tax fund, improvements bond retirement fund, library and    1,104        

local government support fund, liquor control fund, local          1,105        

government fund, local transportation improvement program fund,    1,106        

                                                          26     


                                                                 
mental health facilities improvement fund, Ohio fairs fund, parks  1,107        

and recreation improvement fund, public improvements bond          1,108        

retirement fund, public school building fund, school district      1,109        

income tax fund, state agency facilities improvement fund, state   1,110        

and local government highway distribution fund, state highway      1,111        

safety fund, state lottery fund, undivided liquor permit fund,     1,112        

Vietnam conflict compensation bond retirement fund, volunteer      1,113        

fire fighters' dependents fund, waterways safety fund, wildlife    1,114        

fund, workers' compensation fund, or any fund not specified in     1,115        

this division that the director of budget and management           1,116        

determines to be a bond fund or bond retirement fund;              1,117        

      (E)  Transfers of all or part of those appropriations        1,119        

included in the emergency purposes account of the controlling      1,120        

board;                                                             1,121        

      (F)  Temporary transfers of all or part of an appropriation  1,123        

or other moneys into and between existing funds, or new funds, as  1,124        

may be established by law when needed for capital outlays for      1,125        

which notes or bonds will be issued;                               1,126        

      (G)  Transfer or release of all or part of an appropriation  1,128        

to a state agency requiring controlling board approval of such     1,129        

transfer or release as provided by law;                            1,130        

      (H)  Temporary transfer of funds included in the emergency   1,132        

purposes appropriation of the controlling board.  Such temporary   1,133        

transfers may be made subject to conditions specified by the       1,134        

controlling board at the time temporary transfers are authorized.  1,135        

No transfers shall be made under this division for the purpose of  1,136        

effecting new or changed levels of program service not authorized  1,137        

by the general assembly.                                           1,138        

      As used in this section, "request" means an application by   1,140        

a state agency or the director of budget and management seeking    1,141        

some action by the controlling board.                              1,142        

      WHEN AUTHORIZING THE TRANSFER OF ALL OR PART OF AN           1,144        

APPROPRIATION UNDER THIS SECTION, THE CONTROLLING BOARD MAY        1,145        

AUTHORIZE THE TRANSFER TO AN EXISTING APPROPRIATION ITEM AND THE   1,146        

                                                          27     


                                                                 
CREATION OF AND TRANSFER TO A NEW APPROPRIATION ITEM.              1,147        

      Whenever there is a transfer of all or part of funds         1,149        

included in the emergency purposes appropriation by the            1,150        

controlling board, pursuant to division (E) of this section, the   1,151        

state agency or the director of budget and management receiving    1,152        

such transfer shall keep a detailed record of the use of the       1,153        

transferred funds.  At the earliest scheduled meeting of the       1,154        

controlling board following the accomplishment of the purposes     1,155        

specified in the request originally seeking the transfer, or       1,156        

following the total expenditure of the transferred funds for the   1,157        

specified purposes, the state agency or the director of budget     1,158        

and management shall submit a report on the expenditure of such    1,159        

funds to the board.  The portion of any appropriation so           1,160        

transferred which is not required to accomplish the purposes       1,161        

designated in the original request to the controlling board shall  1,162        

be returned to the proper appropriation of the controlling board   1,163        

at this time.                                                      1,164        

      Notwithstanding any provisions of law providing for the      1,166        

deposit of revenues received by a state agency to the credit of a  1,167        

particular fund in the state treasury, whenever there is a         1,168        

temporary transfer of funds included in the emergency purposes     1,169        

appropriation of the controlling board pursuant to division (H)    1,170        

of this section, revenues received by any state agency receiving   1,171        

such a temporary transfer of funds shall, as directed by the       1,172        

controlling board, be transferred back to the emergency purposes   1,173        

appropriation.                                                     1,174        

      The board may delegate to the director of budget and         1,176        

management authority to approve transfers among items of           1,177        

appropriation under division (A) of this section.                  1,178        

      Sec. 127.16.  (A)  Upon the request of either a state        1,187        

agency or the director of budget and management and after the      1,188        

controlling board determines that an emergency or a sufficient     1,189        

economic reason exists, the controlling board may approve the      1,191        

making of a purchase without competitive selection as provided in               

                                                          28     


                                                                 
division (B) of this section.                                      1,192        

      (B)  Except as otherwise provided in this section, no state  1,194        

agency, using money that has been appropriated to it directly,     1,195        

shall:                                                             1,196        

      (1)  Make any purchase from a particular supplier, that      1,198        

would amount to fifty thousand dollars or more when combined with  1,199        

both the amount of all disbursements to the supplier during the    1,200        

fiscal year for purchases made by the agency and the amount of     1,201        

all outstanding encumbrances for purchases made by the agency      1,202        

from the supplier, unless the purchase is made by competitive      1,203        

selection or with the approval of the controlling board;           1,204        

      (2)  Lease real estate from a particular supplier, if the    1,206        

lease would amount to seventy-five thousand dollars or more when   1,207        

combined with both the amount of all disbursements to the          1,208        

supplier during the fiscal year for real estate leases made by     1,209        

the agency and the amount of all outstanding encumbrances for      1,210        

real estate leases made by the agency from the supplier, unless    1,211        

the lease is made by competitive selection or with the approval    1,212        

of the controlling board.                                          1,213        

      (C)  Any person who authorizes a purchase in violation of    1,215        

division (B) of this section shall be liable to the state for any  1,216        

state funds spent on the purchase, and the attorney general shall  1,217        

collect the amount from the person.                                1,218        

      (D)  Nothing in division (B) of this section shall be        1,220        

construed as:                                                      1,221        

      (1)  A limitation upon the authority of the director of      1,223        

transportation as granted in sections 5501.17, 5517.02, and        1,224        

5525.14 of the Revised Code;                                       1,225        

      (2)  Applying to medicaid provider agreements under Chapter  1,227        

5111. of the Revised Code or payments or provider agreements       1,230        

under disability assistance medical assistance established under   1,231        

Chapter 5115. of the Revised Code;                                              

      (3)  Applying to the purchase of examinations from a sole    1,233        

supplier by a state licensing board under Title XLVII of the       1,234        

                                                          29     


                                                                 
Revised Code;                                                      1,235        

      (4)  Applying to entertainment contracts for the Ohio state  1,237        

fair entered into by the Ohio expositions commission, provided     1,238        

that the controlling board has given its approval to the           1,239        

commission to enter into such contracts and has approved a total   1,240        

budget amount for such contracts as agreed upon by commission      1,241        

action, and that the commission causes to be kept itemized         1,242        

records of the amounts of money spent under each contract and      1,243        

annually files those records with the legislative clerk of the     1,244        

house of representatives and the clerk of the senate following     1,245        

the close of the fair;                                             1,246        

      (5)  Limiting the authority of the chief of the division of  1,248        

mines and reclamation to contract for reclamation work with an     1,249        

operator mining adjacent land as provided in section 1513.27 of    1,250        

the Revised Code;                                                  1,251        

      (6)  Applying to investment transactions and procedures of   1,253        

any state agency, except that the agency shall file with the       1,254        

board the name of any person with whom the agency contracts to     1,255        

make, broker, service, or otherwise manage its investments, as     1,256        

well as the commission, rate, or schedule of charges of such       1,257        

person with respect to any investment transactions to be           1,258        

undertaken on behalf of the agency.  The filing shall be in a      1,259        

form and at such times as the board considers appropriate.         1,260        

      (7)  Applying to purchases made with money for the per cent  1,262        

for arts program established by section 3379.10 of the Revised     1,263        

Code;                                                              1,264        

      (8)  Applying to purchases made by the rehabilitation        1,266        

services commission of services, or supplies, that are provided    1,267        

to persons with disabilities, or to purchases made by the          1,268        

commission in connection with the eligibility determinations it    1,269        

makes for applicants of programs administered by the social        1,270        

security administration;                                           1,271        

      (9)  Applying to payments by the department of human         1,273        

services under section 5111.13 of the Revised Code for group       1,274        

                                                          30     


                                                                 
health plan premiums, deductibles, coinsurance, and other          1,275        

cost-sharing expenses;                                             1,276        

      (10)  Applying to any agency of the legislative branch of    1,278        

the state government;                                              1,279        

      (11)  Applying to agreements entered into under section      1,281        

5101.11, 5101.21, or 5101.211 of the Revised Code;                 1,282        

      (12)  Applying to purchases of services by the adult parole  1,284        

authority under section 2967.14 of the Revised Code or by the      1,285        

department of youth services under section 5139.08 of the Revised  1,286        

Code;                                                              1,287        

      (13)  Applying to dues or fees paid for membership in an     1,289        

organization or association;                                       1,290        

      (14)  Applying to purchases of utility services pursuant to  1,292        

section 9.30 of the Revised Code;                                  1,293        

      (15)  Applying to purchases made in accordance with rules    1,295        

adopted by the department of administrative services of motor      1,296        

vehicle, aviation, or watercraft fuel, or emergency repairs of     1,297        

such vehicles;                                                     1,298        

      (16)  Applying to purchases of tickets for passenger air     1,300        

transportation;                                                    1,301        

      (17)  Applying to purchases necessary to provide public      1,303        

notifications required by law or to provide notifications of job   1,304        

openings;                                                          1,305        

      (18)  Applying to the judicial branch of state government;   1,307        

      (19)  Applying to purchases of liquor for resale by the      1,309        

department or, on and after July 1, 1997, the division of liquor   1,310        

control;                                                                        

      (20)  Applying to purchases of motor courier and freight     1,312        

services made in accordance with department of administrative      1,313        

services rules;                                                    1,314        

      (21)  Applying to purchases from the United States postal    1,316        

service and purchases of stamps and postal meter replenishment     1,317        

from vendors at rates established by the United States postal      1,318        

service;                                                           1,319        

                                                          31     


                                                                 
      (22)  Applying to purchases of books, periodicals,           1,321        

pamphlets, newspapers, maintenance subscriptions, and other        1,322        

published materials;                                               1,323        

      (23)  Applying to purchases from other state agencies,       1,325        

including state-assisted institutions of higher education;         1,326        

      (24)  Limiting the authority of the director of              1,328        

environmental protection to enter into contracts under division    1,329        

(D) of section 3745.14 of the Revised Code to conduct compliance   1,330        

reviews, as defined in division (A) of that section;               1,331        

      (25)  Applying to purchases from a qualified nonprofit       1,333        

agency pursuant to sections 4115.31 to 4115.35 of the Revised      1,334        

Code;                                                              1,335        

      (26)  Applying to payments by the department of human        1,337        

services to the United States department of health and human       1,338        

services for printing and mailing notices pertaining to the tax    1,339        

refund offset program of the internal revenue service of the       1,340        

United States department of the treasury;                          1,341        

      (27)  Applying to contracts entered into by the department   1,343        

of mental retardation and developmental disabilities under         1,344        

sections 5123.18, 5123.182, and 5111.252 of the Revised Code;      1,345        

      (28)  Applying to payments made by the department of mental  1,347        

health under a physician recruitment program authorized by         1,348        

section 5119.101 of the Revised Code;                              1,349        

      (29)  Applying to contracts entered into with persons by     1,351        

the director of commerce for unclaimed funds collection and        1,352        

remittance efforts as provided in division (F) of section 169.03   1,354        

of the Revised Code.  The director shall keep an itemized          1,357        

accounting of unclaimed funds collected by those persons and       1,358        

amounts paid to them for their services.                                        

      (30)  APPLYING TO PURCHASES MADE BY A STATE INSTITUTION OF   1,360        

HIGHER EDUCATION IN ACCORDANCE WITH THE TERMS OF A CONTRACT        1,362        

BETWEEN THE VENDOR AND AN INTER-UNIVERSITY PURCHASING GROUP        1,363        

COMPRISED OF PURCHASING OFFICERS OF STATE INSTITUTIONS OF HIGHER   1,364        

EDUCATION.                                                                      

                                                          32     


                                                                 
      (E)  Notwithstanding division (B)(1) of this section, the    1,366        

cumulative purchase threshold shall be seventy-five thousand       1,367        

dollars for the departments of mental retardation and              1,368        

developmental disabilities, mental health, rehabilitation and      1,369        

correction, and youth services.                                    1,370        

      (F)  When determining whether a state agency has reached     1,372        

the cumulative purchase thresholds established in divisions        1,373        

(B)(1), (B)(2), and (E) of this section, all of the following      1,374        

purchases by such agency shall not be considered:                  1,375        

      (1)  Purchases made through competitive selection or with    1,377        

controlling board approval;                                        1,378        

      (2)  Purchases listed in division (D) of this section;       1,380        

      (3)  For the purposes of the thresholds of divisions (B)(1)  1,382        

and (E) of this section only, leases of real estate.               1,383        

      (G)  As used in this section, "competitive selection,"       1,385        

"purchase," "supplies," and "services" have the same meanings as   1,386        

in section 125.01 of the Revised Code.                             1,387        

      Sec. 133.04.  (A)  As used in this chapter, "net             1,397        

indebtedness" means, as determined pursuant to this section, the   1,398        

principal amount of the outstanding securities of a subdivision    1,399        

less the amount held in a bond retirement fund to the extent such  1,400        

amount is not taken into account in determining the principal      1,401        

amount outstanding under division (AA) of section 133.01 of the    1,402        

Revised Code.  For purposes of this definition, the principal      1,403        

amount of outstanding securities includes the principal amount of  1,404        

outstanding securities of another subdivision apportioned to the   1,405        

subdivision as a result of acquisition of territory, and excludes  1,406        

the principal amount of outstanding securities of the subdivision  1,407        

apportioned to another subdivision as a result of loss of          1,408        

territory and the payment or reimbursement obligations of the      1,409        

subdivision under credit enhancement facilities relating to        1,410        

outstanding securities.                                            1,411        

       (B)  In calculating the net indebtedness of a subdivision,  1,413        

none of the following securities, including anticipatory           1,414        

                                                          33     


                                                                 
securities issued in anticipation of their issuance, shall be      1,415        

considered:                                                        1,416        

      (1)  Securities issued in anticipation of the levy or        1,418        

collection of special assessments, either in original or refunded  1,419        

form;                                                              1,420        

      (2)  Securities issued in anticipation of the collection of  1,422        

current revenues for the fiscal year or other period not to        1,423        

exceed twelve consecutive months, or securities issued in          1,424        

anticipation of the collection of the proceeds from a              1,425        

specifically identified voter-approved tax levy;                   1,426        

      (3)  Securities issued for purposes described in section     1,428        

133.12 of the Revised Code;                                        1,429        

      (4)  Securities issued under Chapter 122., 140., 165.,       1,431        

725., or 761., or section 131.23 of the Revised Code;              1,432        

      (5)  Securities issued to pay final judgments or court       1,434        

approved settlements under authorizing laws and securities issued  1,435        

under section 2744.081 of the Revised Code;                        1,436        

      (6)  Securities issued to pay costs of permanent             1,438        

improvements to the extent they are issued in anticipation of the  1,439        

receipt of, and are payable as to principal from, federal or       1,440        

state grants OR DISTRIBUTIONS for, OR LEGALLY AVAILABLE FOR, that  1,442        

principal or for the costs of those permanent improvements;        1,443        

      (7)  Securities issued to evidence loans from the state      1,445        

capital improvements fund pursuant to Chapter 164. of the Revised  1,446        

Code OR FROM THE STATE INFRASTRUCTURE BANK PURSUANT TO SECTION     1,447        

5531.09 OF THE REVISED CODE;                                       1,448        

      (8)  Other securities, including self-supporting             1,450        

securities, excepted by law from the calculation of net            1,451        

indebtedness or from the application of this chapter;              1,452        

      (9)  Any other securities outstanding on the effective date  1,454        

of this amendment OCTOBER 30, 1989, and then excepted from the     1,456        

calculation of net indebtedness or from the application of this    1,457        

chapter, and securities issued at any time to fund or refund       1,458        

those securities.                                                  1,459        

                                                          34     


                                                                 
      Sec. 133.06.  (A)  A school district shall not incur,        1,468        

without a vote of the electors, net indebtedness that exceeds an   1,469        

amount equal to one-tenth of one per cent of its tax valuation,    1,470        

except as provided in divisions (G) and (H) of this section and    1,472        

in division (C) of section 3313.372 of the Revised Code.           1,473        

      (B)  Except as provided in divisions (E) and (F) of this     1,475        

section, a school district shall not incur net indebtedness that   1,476        

exceeds an amount equal to nine per cent of its tax valuation.     1,477        

      (C)  A school district shall not submit to a vote of the     1,479        

electors the question of the issuance of securities in an amount   1,480        

that will make the district's net indebtedness after the issuance  1,481        

of the securities exceed an amount equal to four per cent of its   1,482        

tax valuation, unless the superintendent of public instruction,    1,483        

acting under policies adopted by the state board of education,     1,484        

and the tax commissioner, acting under written policies of the     1,485        

commissioner, consent to the submission.  A request for the        1,486        

consents shall be made at least thirty days prior to the election  1,487        

at which the question is to be submitted, except that the          1,488        

superintendent of public instruction and the tax commissioner may  1,489        

waive this thirty-day deadline or grant their consents after the   1,490        

election if the school district shows good cause for such waiver   1,491        

or consent after the election.                                     1,492        

      (D)  In calculating the net indebtedness of a school         1,494        

district, none of the following shall be considered:               1,495        

      (1)  Securities issued to acquire school buses and other     1,497        

equipment used in transporting pupils or issued pursuant to        1,498        

division (D) of section 133.10 of the Revised Code;                1,499        

      (2)  Securities issued under division (F) of this section,   1,501        

under section 133.301 of the Revised Code, and, to the extent in   1,502        

excess of the limitation stated in division (B) of this section,   1,503        

under division (E) of this section;                                1,504        

      (3)  Indebtedness resulting from the dissolution of a joint  1,506        

vocational school district under section 3311.217 of the Revised   1,507        

Code, evidenced by outstanding securities of that joint            1,508        

                                                          35     


                                                                 
vocational school district;                                        1,509        

      (4)  Loans, evidenced by any securities, received under      1,511        

sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the        1,512        

Revised Code;                                                      1,513        

      (5)  Debt incurred under section 3313.374 of the Revised     1,515        

Code;                                                                           

      (6)  Debt incurred pursuant to division (B)(5) of section    1,518        

3313.37 of the Revised Code to acquire computers and related                    

hardware.                                                                       

      (E)  A school district may become a special needs district   1,520        

as to certain securities as provided in division (E) of this       1,521        

section.                                                           1,522        

      (1)  A board of education, by resolution, may declare its    1,524        

school district to be a special needs district by determining      1,525        

both of the following:                                             1,526        

      (a)  The student population is not being adequately          1,528        

serviced by the existing permanent improvements of the district.   1,529        

      (b)  The district cannot obtain sufficient funds by the      1,531        

issuance of securities within the limitation of division (B) of    1,532        

this section to provide additional or improved needed permanent    1,533        

improvements in time to meet the needs.                            1,534        

      (2)  The board of education shall certify a copy of that     1,536        

resolution to the superintendent of public instruction with a      1,537        

statistical report showing all of the following:                   1,538        

      (a)  A history of and a projection of the growth of the      1,540        

student population;                                                1,541        

      (b)  The history of and a projection of the growth of the    1,543        

tax valuation;                                                     1,544        

      (c)  The projected needs;                                    1,546        

      (d)  The estimated cost of permanent improvements proposed   1,548        

to meet such projected needs.                                      1,549        

      (3)  The superintendent of public instruction shall certify  1,551        

the district as an approved special needs district if the          1,552        

superintendent finds both of the following:                        1,553        

                                                          36     


                                                                 
      (a)  The district does not have available sufficient         1,555        

additional funds from state or federal sources to meet the         1,556        

projected needs.                                                   1,557        

      (b)  The projection of the potential average growth of tax   1,559        

valuation during the next five years, according to the             1,560        

information certified to the superintendent and any other          1,561        

information the superintendent obtains, indicates a likelihood of  1,562        

potential average growth of tax valuation of the district during   1,563        

the next five years of an average of not less than three per cent  1,564        

per year.  The findings and certification of the superintendent    1,565        

shall be conclusive.                                               1,566        

      (4)  An approved special needs district may incur net        1,568        

indebtedness by the issuance of securities in accordance with the  1,569        

provisions of this chapter in an amount that does not exceed an    1,570        

amount equal to the greater of the following:                      1,571        

      (a)  Nine per cent of the sum of its tax valuation plus an   1,573        

amount that is the product of multiplying that tax valuation by    1,574        

the percentage by which the tax valuation has increased over the   1,575        

tax valuation on the first day of the sixtieth month preceding     1,576        

the month in which its board determines to submit to the electors  1,577        

the question of issuing the proposed securities;                   1,578        

      (b)  Nine per cent of the sum of its tax valuation plus an   1,580        

amount that is the product of multiplying that tax valuation by    1,581        

the percentage, determined by the superintendent of public         1,582        

instruction, by which that tax valuation is projected to increase  1,583        

during the next ten years.                                         1,584        

      (F)  A school district may issue securities for emergency    1,586        

purposes, in a principal amount that does not exceed an amount     1,587        

equal to three per cent of its tax valuation, as provided in this  1,588        

division.                                                          1,589        

      (1)  A board of education, by resolution, may declare an     1,591        

emergency if it determines both of the following:                  1,592        

      (a)  School buildings or other necessary school facilities   1,594        

in the district have been wholly or partially destroyed, or        1,595        

                                                          37     


                                                                 
condemned by a constituted public authority, or that such          1,596        

buildings or facilities are partially constructed, or so           1,597        

constructed or planned as to require additions and improvements    1,598        

to them before the buildings or facilities are usable for their    1,599        

intended purpose, or that corrections to permanent improvements    1,600        

are necessary to remove or prevent health or safety hazards.       1,601        

      (b)  Existing fiscal and net indebtedness limitations make   1,603        

adequate replacement, additions, or improvements impossible.       1,604        

      (2)  Upon the declaration of an emergency, the board of      1,606        

education may, by resolution, submit to the electors of the        1,607        

district pursuant to section 133.18 of the Revised Code the        1,608        

question of issuing securities for the purpose of paying the       1,609        

cost, in excess of any insurance or condemnation proceeds          1,610        

received by the district, of permanent improvements to respond to  1,611        

the emergency need.                                                1,612        

      (3)  The procedures for the election shall be as provided    1,614        

in section 133.18 of the Revised Code, except that:                1,615        

      (a)  The form of the ballot shall describe the emergency     1,617        

existing, refer to this division as the authority under which the  1,618        

emergency is declared, and state that the amount of the proposed   1,619        

securities exceeds the limitations prescribed by division (B) of   1,620        

this section;                                                      1,621        

      (b)  The resolution required by division (B) of section      1,623        

133.18 of the Revised Code shall be certified to the county        1,624        

auditor and the board of elections at least seventy-five days      1,625        

prior to the election;                                             1,626        

      (c)  The county auditor shall advise and, not later than     1,628        

sixty-five days before the election, confirm that advice by        1,629        

certification to, the board of education of the information        1,630        

required by division (C) of section 133.18 of the Revised Code;    1,631        

      (d)  The board of education shall then certify its           1,633        

resolution and the information required by division (D) of         1,634        

section 133.18 of the Revised Code to the board of elections not   1,635        

less than sixty days prior to the election.                        1,636        

                                                          38     


                                                                 
      (4)  Notwithstanding division (B) of section 133.21 of the   1,638        

Revised Code, the first principal payment of securities issued     1,639        

under this division may be set at any date not later than sixty    1,640        

months after the earliest possible principal payment otherwise     1,641        

provided for in that division.                                     1,642        

      (G)  The board of education may contract with an architect,  1,644        

professional engineer, or other person experienced in the design   1,645        

and implementation of energy conservation measures for an          1,646        

analysis and recommendations pertaining to installations,          1,647        

modifications of installations, or remodeling that would           1,648        

significantly reduce energy consumption in buildings owned by the  1,649        

district.  The report shall include estimates of all costs of      1,650        

such installations, modifications, or remodeling, including costs  1,651        

of design, engineering, installation, maintenance, repairs, and    1,652        

debt service, and estimates of the amounts by which energy         1,653        

consumption and resultant operational and maintenance costs, as    1,654        

defined by the Ohio school facilities commission, would be         1,656        

reduced.                                                                        

      If the board finds after receiving the report that the       1,658        

amount of money the district would spend on such installations,    1,659        

modifications, or remodeling is not likely to exceed the amount    1,660        

of money it would save in energy and resultant operational and     1,661        

maintenance costs over the ensuing fifteen years, the board may    1,663        

submit to the commission a copy of its findings and a request for  1,664        

approval to incur indebtedness to finance the making or            1,666        

modification of installations or the remodeling of buildings for   1,667        

the purpose of significantly reducing energy consumption.          1,668        

      If the commission determines that the board's findings are   1,671        

reasonable, it shall approve the board's request.  Upon receipt    1,672        

of the commission's approval, the district may issue securities    1,674        

without a vote of the electors in a principal amount not to        1,675        

exceed nine-tenths of one per cent of its tax valuation for the    1,676        

purpose of making such installations, or modifications, or         1,677        

remodeling, but the total net indebtedness of the district         1,678        

                                                          39     


                                                                 
without a vote of the electors incurred under this and all other   1,679        

sections of the Revised Code shall not exceed one per cent of the  1,680        

district's tax valuation.                                          1,681        

      So long as any securities issued under division (G) of this  1,684        

section remain outstanding, the board of education shall monitor                

the energy consumption and resultant operational and maintenance   1,685        

costs of buildings in which installations or modifications have    1,687        

been made or remodeling has been done pursuant to division (G) of  1,688        

this section and shall maintain and annually update a report       1,690        

documenting the reductions in energy consumption and resultant     1,691        

operational and maintenance cost savings attributable to such      1,692        

installations, modifications, or remodeling.  The report shall be  1,693        

certified by an architect or engineer independent of any person    1,694        

that provided goods or services to the board in connection with    1,695        

the energy conservation measures that are the subject of the       1,696        

report.  The resultant operational and maintenance cost savings    1,697        

shall be certified by the school district treasurer.  The report   1,698        

shall be made available to the commission upon request.            1,699        

      (H)  With the consent of the superintendent of public        1,701        

instruction, a school district may incur without a vote of the     1,702        

electors net indebtedness that exceeds the amounts stated in       1,703        

divisions (A) and (G) of this section for the purpose of paying    1,705        

costs of permanent improvements, if and to the extent that both    1,706        

of the following conditions are satisfied:                         1,707        

      (1)  The fiscal officer of the school district estimates     1,709        

that receipts of the school district from compensation derived     1,710        

from or PAYMENTS MADE under agreements entered into pursuant to    1,711        

DIVISION (F) OF SECTION 5709.081 OR section 5709.82 of the         1,713        

Revised Code, or distributions under division (C) of section       1,714        

5709.43 of the Revised Code, or any combination thereof, are,      1,715        

after accounting for any appropriate coverage requirements,                     

sufficient in time and amount, and are committed by the            1,716        

proceedings, to pay the debt charges on the securities issued to   1,717        

evidence that indebtedness and payable from those receipts, and    1,718        

                                                          40     


                                                                 
the taxing authority of the district confirms the fiscal           1,719        

officer's estimate, which confirmation is approved by the          1,720        

superintendent of public instruction;                              1,721        

      (2)  The fiscal officer of the school district certifies,    1,723        

and the taxing authority of the district confirms, that the        1,724        

district, at the time of the certification and confirmation,       1,725        

reasonably expects to have sufficient revenue available for the    1,726        

purpose of operating such permanent improvements for their         1,727        

intended purpose upon acquisition or completion thereof, and the   1,728        

superintendent of public instruction approves the taxing           1,729        

authority's confirmation.                                          1,730        

      The maximum maturity of securities issued under division     1,732        

(H) of this section shall be the lesser of twenty years or the     1,733        

maximum maturity calculated under section 133.20 of the Revised    1,734        

Code.                                                              1,735        

      Sec. 153.01.  Whenever any building or structure for the     1,744        

use of the state or any institution supported in whole or in part  1,745        

by the state or in or upon the public works of the state that is   1,746        

administered by the director of administrative services OR BY ANY  1,747        

OTHER STATE OFFICER OR STATE AGENCY AUTHORIZED BY LAW TO           1,748        

ADMINISTER A PROJECT, INCLUDING AN EDUCATIONAL INSTITUTION LISTED  1,749        

IN SECTION 3345.50 OF THE REVISED CODE, is to be erected or        1,751        

constructed, or whenever additions, alterations, or structural or  1,752        

other improvements are to be made, or WHENEVER heating, cooling,   1,753        

or ventilating plants or other equipment is to be installed or     1,754        

material supplied therefor, the aggregate cost of which amounts    1,755        

to ten thousand dollars or more, each officer, board, or other     1,757        

authority upon which devolves the duty of constructing, erecting,  1,758        

altering, or installing the same, referred to in sections 153.01   1,759        

to 153.60 of the Revised Code as the owner, shall cause to be      1,760        

made, by an architect or engineer whose contract of employment     1,761        

shall be prepared and approved by the attorney general and filed   1,762        

with the director, the following:                                               

      (A)  Full and accurate plans, suitable for the use of        1,764        

                                                          41     


                                                                 
mechanics and other builders in such construction, improvement,    1,765        

addition, alteration, or installation;                             1,766        

      (B)  Details to scale and full sized, so drawn and           1,768        

represented as to be easily understood;                            1,769        

      (C)  Accurate bills showing the exact quantity of different  1,771        

kinds of material necessary to the construction;                   1,772        

      (D)  Definite and complete specifications of the work to be  1,774        

performed, together with such directions as will enable a          1,775        

competent mechanic or other builder to carry them out and afford   1,776        

bidders all needful information;                                   1,777        

      (E)  A full and accurate estimate of each item of expense    1,779        

and the aggregate cost thereof;                                    1,780        

      (F)  A life-cycle cost analysis;                             1,782        

      (G)  Such further data as may be required by the department  1,784        

of administrative services.                                        1,785        

      Sec. 153.04.  The plans, details, bills of material,         1,794        

specifications of work, estimates of cost in detail and in the     1,795        

aggregate, life-cycle cost analysis, form of bidding proposal      1,797        

BID, bid guaranty, and other data that may be required shall be    1,798        

prepared on such material and in such manner and form as are       1,799        

prescribed by the department of administrative services, and       1,800        

shall be submitted to such department for its approval.  The       1,801        

life-cycle costs shall be a primary consideration in the           1,802        

selection of a design.  If so approved the THE same shall be       1,803        

deposited and safely kept in the office of the director of         1,804        

administrative services or such other state agency defined as the  1,805        

owner AS DEFINED in section 153.01 of the Revised Code as the      1,806        

property of the state.                                             1,808        

      Sec. 153.05.  The bond required by sections 153.04 and       1,817        

SECTION 153.08 of the Revised Code may be enforced against the     1,819        

person executing such bond, by any claimant for labor or           1,820        

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    1,821        

of delivering or furnishing such labor or material, in the court   1,822        

                                                          42     


                                                                 
of common pleas of the county wherein such labor or material was   1,823        

furnished or delivered.  Such bond shall not be released by the    1,824        

execution of any additional security, notes, retentions from       1,825        

estimates, or other instrument on account of such claim, or for    1,826        

any reason, except the full payment of such claim for labor or                  

material.                                                                       

      Sec. 153.06.  After the proceedings required by sections     1,835        

153.01 and 153.04 of the Revised Code have been complied with,     1,836        

the owner referred to in section 153.01 of the Revised Code shall  1,837        

give public notice of the time and place when and where proposals  1,838        

BIDS will be received for performing the labor and furnishing the  1,840        

materials of such construction, improvement, alteration,           1,841        

addition, or installation, and a contract awarded, except for      1,842        

materials manufactured by the state or labor supplied by the       1,843        

department of human services that may enter into the same.  The    1,844        

form of proposal BID approved by the department of administrative  1,846        

services shall be used, and a proposal BID shall be invalid and    1,847        

not considered unless such form is used without change,            1,849        

alteration, or addition.  Bidders may be permitted to bid upon     1,850        

all the branches of work and materials to be furnished and         1,851        

supplied, or upon any thereof, or alternately upon all or any      1,852        

thereof.                                                                        

      Sec. 153.07.  The notice provided for in section 153.06 of   1,861        

the Revised Code shall be published once each week for three       1,862        

consecutive weeks in a newspaper of general circulation in the     1,864        

county where the activity for which proposals BIDS are submitted   1,866        

is to occur and in such other newspapers as ordered by the         1,867        

department of administrative services, the last publication to be  1,868        

at least eight days preceding the day for opening the bids, and    1,869        

in such form and with such phraseology as the department orders.   1,870        

Copies of the plans, details, bills of material, estimates of      1,871        

cost, and specifications shall be open to public inspection at     1,872        

all business hours between the day of the first publication and    1,873        

the day for opening the bids, at the office of the department                   

                                                          43     


                                                                 
where the bids are received, and such other place as may be        1,874        

designated in such notice.                                         1,875        

      Sec. 153.08.  On the day and at the place named in the       1,884        

notice provided for in section 153.06 of the Revised Code, the     1,885        

owner referred to in section 153.01 of the Revised Code shall      1,886        

open the proposals BIDS and shall publicly, with the assistance    1,887        

of the architect or engineer, immediately proceed to tabulate the  1,889        

bids upon duplicate sheets.  A proposal BID shall be invalid and   1,890        

not considered unless a bid guaranty meeting the requirements of   1,891        

section 153.54 of the Revised Code and in the form approved by     1,892        

the department of administrative services is filed with such       1,893        

proposal BID and unless such proposal BID and bid guaranty are     1,895        

filed in one sealed envelope.  After investigation, which shall    1,896        

be completed within thirty days, the contract shall be awarded by  1,897        

such owner to the lowest responsive and responsible bidder in      1,898        

accordance with section 9.312 of the Revised Code.                 1,899        

      No contract shall be entered into until the industrial       1,901        

commission has certified that the person so awarded the contract   1,902        

has complied with sections 4123.01 to 4123.94 of the Revised       1,903        

Code, until, if the bidder so awarded the contract is a foreign    1,904        

corporation, the secretary of state has certified that such        1,905        

corporation is authorized to do business in this state, until, if  1,906        

the bidder so awarded the contract is a person nonresident of      1,907        

this state, such person has filed with the secretary of state a    1,908        

power of attorney designating the secretary of state as its agent  1,909        

for the purpose of accepting service of summons in any action      1,910        

brought under section 153.05 of the Revised Code or under          1,911        

sections 4123.01 to 4123.94 of the Revised Code, and until the     1,912        

contract and bond, if any, are submitted to the attorney general   1,913        

and his THE ATTORNEY GENERAL'S approval certified thereon.         1,914        

      No contract shall be entered into unless the bidder          1,916        

possesses a valid certificate of compliance with affirmative       1,917        

action programs issued pursuant to section 9.47 of the Revised     1,918        

Code and dated no earlier than one hundred eighty days prior to    1,919        

                                                          44     


                                                                 
the date fixed for the opening of bids for a particular project.   1,920        

      Sec. 153.09.  If in the opinion of the owner referred to in  1,929        

section 153.01 of the Revised Code, the award of a contract to     1,930        

the lowest responsive and responsible bidder is not in the best    1,931        

interests of the state, with the written consent of the            1,932        

department of administrative services, it THE OWNER may accept     1,933        

another proposal BID so opened or reject all proposals BIDS, and   1,935        

advertise for other bids.  Such advertisement shall be for such    1,936        

time, in such form, and in such newspaper as the department        1,937        

directs.  All contracts shall provide that such owner may make     1,938        

any change in work or materials on the conditions and in the                    

manner provided in sections 153.10 and 153.11 of the Revised       1,939        

Code.                                                                           

      Sec. 153.10.  After the plans, bills of material,            1,948        

specifications of work, estimates of cost in detail and in the     1,949        

aggregate, life-cycle cost analysis, form of bidding proposal      1,950        

BID, bid guaranty, and other data that may be required are         1,952        

approved and filed with the secretary of state OWNER as provided   1,953        

DEFINED in section 153.04 153.01 of the Revised Code, no change    1,954        

of plans, details, bills of material, or specifications shall be   1,956        

made or allowed unless the same are approved by the department of  1,957        

administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE  1,958        

REVISED CODE.  When so approved, the plans of the proposed         1,959        

change, with detail to scale and full size, specifications of                   

work, and bills of material shall be filed with the original       1,960        

papers.  If such change affects the price, the amount thereof      1,961        

shall likewise receive such approval.                                           

      Sec. 153.11.  Whenever the change referred to in section     1,970        

153.10 of the Revised Code is approved by the department of        1,971        

administrative services OWNER AS DEFINED IN SECTION 153.01 OF THE  1,972        

REVISED CODE, accepted in writing by the contractor, and filed,    1,973        

the same shall be considered as being a part of the original       1,974        

contract, and the bond theretofore executed shall be held to       1,975        

include and cover the same.                                                     

                                                          45     


                                                                 
      Sec. 153.12.  (A)  With respect to award of any contract     1,984        

for the construction, reconstruction, improvement, enlargement,    1,985        

alteration, repair, painting, or decoration of a public            1,986        

improvement made by the state, or any county, township, municipal  1,987        

corporation, school district, or other political subdivision, or   1,988        

any public board, commission, authority, instrumentality, or       1,989        

special purpose district of or in the state or a political         1,990        

subdivision or that is authorized by state law, the award, and     1,991        

execution of the contract, shall be made within sixty days after   1,992        

the date on which the bids are opened.  The failure to award and   1,993        

execute the contract within sixty days invalidates the entire bid  1,994        

proceedings and all bids submitted, unless the time for awarding   1,995        

and executing the contract is extended by mutual consent of the    1,996        

owner or its representatives and the bidder whose bid the owner    1,997        

accepts and with respect to whom the owner subsequently awards     1,998        

and executes a contract.  The public owners referred to in this    1,999        

section shall include, in the plans and specifications for the     2,000        

project for which bids are solicited, the estimate of cost.  The   2,001        

bid for which the award is to be made shall be opened at the time  2,002        

and place named in the advertisement for bids, unless extended by  2,003        

the owner or its representative or unless, within seventy-two      2,004        

hours prior to the published time for the opening of bids,         2,005        

excluding Saturdays, Sundays, and legal holidays, any              2,006        

modification of the plans or specifications and estimates of cost  2,007        

for the project for which bids are solicited is issued and mailed  2,008        

or otherwise furnished to persons who have obtained plans or       2,009        

specifications for the project, for which the time for opening of  2,010        

bids shall be extended one week, with no further advertising of    2,011        

bids required.  The contractor, upon request, is entitled to a     2,012        

notice to proceed with the work by the owner or its                2,013        

representative upon execution of the contract.  No contract to     2,014        

which this section applies shall be entered into if the price of   2,015        

the contract, or, if the project involves multiple contracts       2,016        

where the total price of all contracts for the project, is in      2,017        

                                                          46     


                                                                 
excess of ten per cent above the entire estimate thereof, nor      2,018        

shall the entire cost of the construction, reconstruction,         2,019        

repair, painting, decorating, improvement, alteration, addition,   2,020        

or installation, including changes and estimates of expenses for   2,021        

architects or engineers, exceed in the aggregate the amount        2,022        

authorized by law.                                                 2,023        

      The unit or lump sum price stated in the contract shall be   2,025        

used in determining the amount to be paid and shall constitute     2,026        

full and final compensation for all the work.                      2,027        

      Partial payment to the contractor for work performed under   2,029        

the lump sum price shall be based on a schedule prepared by the    2,030        

contractor and approved by the architect or engineer who shall     2,031        

apportion the lump sum price to the major components entering      2,032        

into or forming a part of the work under the lump sum price.       2,033        

      Partial payments to the contractor for labor performed       2,035        

under either a unit or lump sum price contract shall be made at    2,036        

the rate of ninety-two per cent of the estimates prepared by the   2,037        

contractor and approved by the architect or engineer.  All labor   2,038        

performed after the job is fifty per cent completed shall be paid  2,039        

for at the rate of one hundred per cent of the estimates           2,040        

submitted by the contractor and approved by the architect or       2,041        

engineer.                                                          2,042        

      The amounts and time of payments of any public improvements  2,044        

contract made by the state or any county, township, municipal      2,045        

corporation, school district, or other political subdivision, or   2,046        

any public board, commission, authority, instrumentality, or       2,047        

special purpose district of or in the state or a political         2,048        

subdivision or that is authorized by state law, except as          2,049        

provided in section 5525.19 of the Revised Code, shall be          2,050        

governed by this section and sections 153.13 and 153.14 of the     2,051        

Revised Code.  If the time for awarding the contract is extended   2,052        

by mutual consent, or if the owner or its representative fails to  2,053        

issue a timely notice to proceed as required by this section, the  2,054        

owner or its representative shall issue a change order             2,055        

                                                          47     


                                                                 
authorizing delay costs to the contractor, which does not          2,056        

invalidate the contract.  The amount of such a change order to     2,057        

the owner shall be determined in accordance with the provisions    2,058        

of the contract for change orders or force accounts or, if no      2,059        

such provision is set forth in the contract, the cost to the       2,060        

owner shall be the contractor's actual costs including wages,      2,061        

labor costs other than wages, wage taxes, materials, equipment     2,062        

costs and rentals, insurance, and subcontracts attributable to     2,063        

the delay, plus a reasonable sum for overhead.  In the event of a  2,064        

dispute between the owner and the contractor concerning such       2,065        

change order, procedures shall be commenced under the applicable   2,066        

terms of the contract, or, if the contract contains no provision   2,067        

for resolving the dispute, it shall be resolved pursuant to the    2,068        

procedures for arbitration in Chapter 2711. of the Revised Code,   2,069        

except as provided in division (C)(B) of this section.  Nothing    2,071        

in this division shall be construed as a limitation upon the       2,072        

authority of the director of transportation granted in Chapter     2,073        

5525. of the Revised Code.                                         2,074        

      (B)  In the event of IF a dispute ARISES between the state   2,077        

and a contractor concerning the terms of a public improvement      2,078        

contract let by the state or concerning a breach of the contract,  2,079        

and after administrative remedies provided for in such contract    2,080        

between the state and the contractor ANY ALTERNATIVE DISPUTE       2,081        

RESOLUTION PROCEDURES PROVIDED IN ACCORDANCE WITH GUIDELINES       2,082        

ESTABLISHED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES are         2,083        

exhausted, the contractor may bring an action to the court of      2,084        

claims in accordance with Chapter 2743. of the Revised Code.  The  2,085        

state or the contractor may request the chief justice of the       2,086        

supreme court to appoint a referee or panel of referees in         2,087        

accordance with division (C)(3) of section 2743.03 of the Revised  2,088        

Code.  As used in this division, "dispute" means a disagreement    2,089        

between the state and the contractor concerning a public           2,090        

improvement contract let by the state in which the amount in       2,091        

controversy exceeds five thousand dollars.  If the court finds                  

                                                          48     


                                                                 
that the actual amount in controversy does not exceed five         2,092        

thousand dollars, it shall dismiss the application and may order   2,093        

that the filing party pay the reasonable attorney fees of the      2,094        

opposing party.                                                    2,095        

      Sec. 125.101 153.16.  (A)  The director of administrative    2,104        

services shall establish policy and procedure guidelines for       2,106        

contract documents in conjunction with the administration of       2,107        

public works contracts that the state or any institution           2,108        

supported in whole or in part by the state enters into for any     2,109        

project subject to sections 153.01 to 153.11 of the Revised Code.               

      (B)  Notwithstanding any contract provision to the           2,111        

contrary, any claim submitted under a public works contract that   2,112        

the state or any institution supported in whole or in part by the  2,114        

state enters into for any project subject to sections 153.01 to    2,115        

153.11 of the Revised Code shall be resolved within one hundred    2,116        

twenty days.  After the end of this one hundred twenty-day         2,117        

period, the contractor shall be deemed to have exhausted all       2,118        

administrative remedies for purposes of division (B) of section    2,119        

153.12 of the Revised Code.                                                     

      Sec. 153.17.  (A)  When in the opinion of the owner          2,128        

referred to in section 153.01 of the Revised Code, the work under  2,129        

any contract made under any law of the state is neglected by the   2,130        

contractor or such work is not prosecuted with the diligence and   2,131        

force specified or intended in the contract, such owner may make   2,132        

requisition upon the contractor for such additional specific       2,133        

force or materials to be brought into the work under such          2,134        

contract or to remove improper materials from the grounds as in    2,135        

their judgment the contract and its faithful fulfillment           2,136        

requires.                                                          2,137        

      Not less than five days' notice in writing of such action    2,139        

shall be served upon the contractor or his THE CONTRACTOR'S agent  2,141        

in charge of the work.  If the contractor fails to comply with     2,142        

such requisition within fifteen days, such owner, with the         2,143        

written consent of the department of administrative services, may  2,144        

                                                          49     


                                                                 
employ upon the work the additional force, or supply the special   2,145        

materials or such part of either as is considered proper, and may  2,146        

remove improper materials from the grounds.                        2,147        

      (B)  WHEN THE ORIGINAL CONTRACTOR HAS DEFAULTED ON A         2,149        

CONTRACT AND THE SURETY HAS DECLINED TO TAKE OVER THE PROJECT,     2,150        

THE OWNER MAY CONTRACT WITH ONE OR MORE TAKEOVER CONTRACTORS TO    2,151        

COMPLETE WORK THAT WAS NOT FINISHED BECAUSE OF THE DEFAULT OF THE  2,152        

ORIGINAL CONTRACTOR.  THE OWNER MAY ENTER INTO A CONTRACT WITH A   2,153        

TAKEOVER CONTRACTOR WITHOUT COMPETITIVE BIDDING OR CONTROLLING                  

BOARD APPROVAL.  UPON EXECUTION OF A TAKEOVER CONTRACT, THE OWNER  2,154        

SHALL NOTIFY THE DIRECTOR OF BUDGET AND MANAGEMENT.                2,155        

      WHEN THE OWNER HAS TAKEN OVER A PROJECT AFTER A DEFAULT HAS  2,157        

OCCURRED, ANY MONEYS THAT THE OWNER RECEIVES FROM THE SURETY AS A  2,158        

SETTLEMENT FOR COMPLETION OF THE PROJECT SHALL BE DEPOSITED IN     2,159        

THE ORIGINAL FUND FROM WHICH THE CAPITAL APPROPRIATION FOR THE     2,160        

PROJECT WAS MADE.  THE DIRECTOR, WITHOUT CONTROLLING BOARD         2,161        

APPROVAL, MAY AUTHORIZE SPECIFIED ADDITIONAL USES FOR THE MONEYS                

RELATED TO COMPLETION OF THE PROJECT AND MAY INCREASE THE          2,162        

APPROPRIATION AUTHORITY IN THE APPROPRIATION LINE ITEM USED TO     2,163        

FUND THE PROJECT BY AN AMOUNT EQUAL TO THE MONEYS RECEIVED FROM    2,164        

THE SURETY.                                                                     

      Sec. 153.32.  When it becomes necessary to erect a bridge,   2,173        

the board of county commissioners shall determine the length and   2,174        

width of the superstructure, and whether it shall be single or     2,175        

double track, and it shall advertise for proposals BIDS for        2,176        

performing the labor and furnishing the materials necessary to     2,177        

the erection thereof in accordance with sections 307.86 to         2,178        

307.92, inclusive, of the Revised Code.                            2,180        

      Sec. 153.33.  The board of county commissioners may also     2,189        

invite, receive, and consider proposals BIDS on any other plan at  2,190        

the option of bidders, and shall require that any such plan        2,192        

together with specifications shall be filed in the office of the   2,193        

county auditor for a period of fifteen days prior to the date for  2,194        

receiving bids.  Such plans and specifications shall show the                   

                                                          50     


                                                                 
number of spans, the length of each, the nature, quality, and      2,195        

size of the materials to be used, the length of the structure      2,196        

when completed, and whether there is any patent on the proposal    2,197        

BID plan, or any part thereof, and if so, on what part thereof.    2,199        

      Sec. 153.34.  In their ITS advertisement, the board of       2,208        

county commissioners shall invite bidders to make proposals BIDS   2,210        

for furnishing all the materials and performing all the work, or   2,212        

for such parts thereof as bidders deem proper, and include such    2,213        

other matter as is required in section 307.87 of the Revised                    

Code.                                                              2,214        

      Sec. 153.50.  (A)  An officer, board, or other authority of  2,223        

the state, a county, township, municipal corporation, or school    2,225        

district, or of any public institution belonging thereto,          2,226        

authorized to contract for the erection, repair, alteration, or    2,227        

rebuilding of a public building, institution, bridge, culvert, or  2,228        

improvement and required by law to advertise and receive                        

proposals BIDS for furnishing of materials and doing the work      2,230        

necessary for the erection thereof, shall require separate and     2,231        

distinct proposals BIDS to be made for furnishing such materials   2,233        

or doing such work, or both, in their discretion, for each of the  2,234        

following branches or classes of work to be performed, and all     2,235        

work kindred thereto, entering into the improvement:               2,236        

      (1)  Plumbing and gas fitting;                               2,238        

      (2)  Steam and hot-water heating, ventilating apparatus,     2,240        

and steam-power plant;                                             2,241        

      (3)  Electrical equipment.                                   2,243        

      (B)  A public authority is not required to solicit separate  2,245        

proposals BIDS for a branch or class of work specified in          2,246        

division (A) of this section for an improvement if the estimated   2,248        

cost for that branch or class of work is less than five thousand   2,250        

dollars.                                                                        

      Sec. 153.571.  The bond provided for in division (B) of      2,259        

section 153.54 of the Revised Code shall be in substantially the   2,260        

following form, and recovery of any claimant thereunder shall be   2,261        

                                                          51     


                                                                 
subject to sections 153.01 to 153.60 of the Revised Code, to the   2,262        

same extent as if the provisions of such sections were fully       2,263        

incorporated in said THE bond form:                                2,264        

      "KNOW ALL MEN PERSONS BY THESE PRESENTS, that we, the        2,268        

undersigned ................. as principal and ............. as    2,269        

sureties, are hereby held and firmly bound unto .............. as  2,270        

obligee in the penal sum of the dollar amount of the bid           2,271        

submitted by the principal to the obligee on .............. to     2,272        

undertake the project known as ................  The penal sum     2,273        

referred to herein shall be the dollar amount of the principal's   2,274        

bid to the obligee, incorporating any additive or deductive        2,275        

alternate proposals BIDS made by the principal on the date         2,276        

referred to above to the obligee, which are accepted by the        2,278        

obligee.  In no case shall the penal sum exceed the amount of      2,279        

............ dollars.  (If the foregoing blank is not filled in,   2,280        

the penal sum will be the full amount of the principal's bid,      2,281        

including alternates. Alternatively, if the blank is filled in,    2,282        

the amount stated must not be less than the full amount of the     2,283        

bid including alternates, in dollars and cents.  A percentage is   2,284        

not acceptable.)  For the payment of the penal sum well and truly  2,285        

to be made, we hereby jointly and severally bind ourselves, our    2,286        

heirs, executors, administrators, successors, and assigns.         2,287        

      Signed this ............... day of ............., 19 ....    2,289        

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the    2,290        

above named principal has submitted a bid for ..................   2,291        

      Now, therefore, if the obligee accepts the bid of the        2,293        

principal and the principal fails to enter into a proper contract  2,294        

in accordance with the bid, plans, details, specifications, and    2,295        

bills of material; and in the event the principal pays to the      2,296        

obligee the difference not to exceed ten per cent of the penalty   2,297        

hereof between the amount specified in the bid and such larger     2,298        

amount for which the obligee may in good faith contract with the   2,299        

next lowest bidder to perform the work covered by the bid; or in   2,300        

the event the obligee does not award the contract to the next      2,301        

                                                          52     


                                                                 
lowest bidder and resubmits the project for bidding, the           2,302        

principal pays to the obligee the difference not to exceed ten     2,303        

per cent of the penalty hereof between the amount specified in     2,304        

the bid, or the costs, in connection with the resubmission, of     2,305        

printing new contract documents, required advertising, and         2,306        

printing and mailing notices to prospective bidders, whichever is  2,307        

less, then this obligation shall be null and void, otherwise to    2,308        

remain in full force and effect; if the obligee accepts the bid    2,309        

of the principal and the principal within ten days after the       2,310        

awarding of the contract enters into a proper contract in          2,311        

accordance with the bid, plans, details, specifications, and       2,312        

bills of material, which said contract is made a part of this      2,313        

bond the same as though set forth herein;                          2,314        

      Now also, if the said ................ shall well and        2,316        

faithfully do and perform the things agreed by .............. to   2,317        

be done and performed according to the terms of said contract;     2,318        

and shall pay all lawful claims of subcontractors, materialmen     2,319        

MATERIALS SUPPLIERS, and laborers, for labor performed and         2,321        

materials furnished in the carrying forward, performing, or        2,322        

completing of said contract; we agreeing and assenting that this   2,323        

undertaking shall be for the benefit of any materialman MATERIALS  2,324        

SUPPLIER or laborer having a just claim, as well as for the        2,326        

obligee herein; then this obligation shall be void; otherwise the  2,327        

same shall remain in full force and effect; it being expressly     2,328        

understood and agreed that the liability of the surety for any     2,329        

and all claims hereunder shall in no event exceed the penal        2,330        

amount of this obligation as herein stated.                                     

      The said surety hereby stipulates and agrees that no         2,332        

modifications, omissions, or additions, in or to the terms of the  2,333        

said contract or in or to the plans or specifications therefor     2,334        

shall in any wise affect the obligations of said surety on its     2,335        

bond."                                                             2,336        

      Sec. 153.62.  All contracts for the erection, construction,  2,345        

repair, or alteration of any building, highway, or other work or   2,346        

                                                          53     


                                                                 
improvement of any nature by an officer, board, or other           2,347        

authority of the state, a county, township, municipal              2,348        

corporation, school district, or any political subdivision, or     2,349        

any public institution belonging thereto, are subject to all       2,350        

applicable federal, state, and local statutes, ordinances, and     2,351        

regulations, including, but not limited to, those dealing with     2,352        

the prevention of environmental pollution that affect or are       2,353        

affected by such contracts.  If the bidder to whom the work is     2,354        

awarded must undertake additional work due to the enactment or     2,355        

amendment of statutes, OR rules, or regulations occurring after    2,357        

the submission of the successful bid proposal, the awarding body   2,358        

shall issue a change order setting forth the additional work that  2,359        

must be undertaken and authorizing additional cost to the          2,360        

contractor, which shall not invalidate the contract.  The cost of  2,361        

such a change order to the awarding agency shall be determined in  2,362        

accordance with the provisions of the contract for change orders   2,363        

or force accounts or, if no such provision is set forth in the     2,364        

contract, then the cost to the awarding agency shall be the        2,365        

contractor's actual costs including wages, labor costs other than  2,366        

wages, wage taxes, materials, equipment costs and rentals,         2,367        

insurance, and subcontracts attributable to the additional         2,368        

activity, plus a reasonable sum for overhead.  Provided, however,  2,369        

that such SUCH additional costs to undertake work not specified    2,370        

in the invitation for proposal BIDS shall not be approved unless   2,372        

written authorization is given the successful bidder prior to his  2,374        

THE SUCCESSFUL BIDDER'S undertaking such additional activity.  In  2,376        

the event of IF a dispute ARISES between the awarding agency and   2,378        

the successful bidder, procedures shall be commenced under the     2,379        

applicable terms of the construction contract, or, if the          2,380        

contract contains no provision for resolving the dispute, it       2,381        

shall be resolved pursuant to the procedures for arbitration in    2,382        

Chapter 2711. of the Revised Code.                                              

      Sec. 351.01.  As used in this chapter:                       2,391        

      (A)  "Convention facilities authority" means a body          2,393        

                                                          54     


                                                                 
corporate and politic created pursuant to section 351.02 of the    2,394        

Revised Code.                                                      2,395        

      (B)  "Governmental agency" means a department, division, or  2,397        

other unit of the state government or of a municipal corporation,  2,398        

county, township, or other political subdivision of the state;     2,399        

any state university or college, as defined in section 3345.12 of  2,400        

the Revised Code, community college, state community college,      2,401        

university branch, or technical college; any other public          2,402        

corporation or agency having the power to acquire, construct, or   2,403        

operate facilities; the United States or any agency thereof; and   2,404        

any agency, commission, or authority established pursuant to an    2,405        

interstate compact or agreement.                                   2,406        

      (C)  "Person" means any individual, firm, partnership,       2,408        

association, or corporation, or any combination of them.           2,409        

      (D)  "Facility" or "facilities" means any convention,        2,411        

entertainment, or sports facility, or combination of them,         2,412        

located within the territory of the convention facilities          2,413        

authority, together with all parking facilities, walkways, and     2,414        

other auxiliary facilities, real and personal property, property   2,415        

rights, easements and interests that may be appropriate for, or    2,416        

used in connection with, the operation of the facility.            2,417        

      (E)  "Cost" means the cost of acquisition of all land,       2,419        

rights-of-way, property rights, easements, franchise rights, and   2,420        

interests required for such acquisition; the cost of demolishing   2,421        

or removing any buildings or structures on land so acquired,       2,422        

including the cost of acquiring any lands to which such buildings  2,423        

or structures may be moved; the cost of acquiring or constructing  2,424        

and equipping a principal office of the convention facilities      2,425        

authority; the cost of diverting highways, interchange of          2,426        

highways, access roads to private property, including the cost of  2,427        

land or easements for such access roads; the cost of public        2,428        

utility and common carrier relocation or duplication; the cost of  2,429        

all machinery, furnishings, and equipment; financing charges;      2,430        

interest prior to and during construction and for no more than     2,431        

                                                          55     


                                                                 
eighteen months after completion of construction; expenses of      2,432        

research and development with respect to facilities; legal         2,433        

expenses; expenses of obtaining plans, specifications,             2,434        

engineering surveys, studies, and estimates of cost and revenues;  2,435        

working capital; expenses necessary or incident to determining     2,436        

the feasibility or practicability of acquiring or constructing     2,437        

such facility; administrative expense; and such other expenses as  2,438        

may be necessary or incident to the acquisition or construction    2,439        

of the facility, the financing of such acquisition or              2,440        

construction, including the amount authorized in the resolution    2,441        

of the convention facilities authority providing for the issuance  2,442        

of convention facilities authority revenue bonds to be paid into   2,443        

any special funds from the proceeds of such bonds, the cost of     2,444        

issuing the bonds, and the financing of the placing of such        2,445        

facility in operation.  Any obligation, cost, or expense incurred  2,446        

by any governmental agency or person for surveys, borings,         2,447        

preparation of plans and specifications, and other engineering     2,448        

services, or any other cost described above, in connection with    2,449        

the acquisition or construction of a facility may be regarded as   2,450        

part of the cost of such facility and may be reimbursed out of     2,451        

the proceeds of convention facilities authority revenue bonds as   2,452        

authorized by this chapter.                                        2,453        

      (F)  "Owner" includes a person having any title or interest  2,455        

in any property, rights, easements, or interests authorized to be  2,456        

acquired by Chapter 351. of the Revised Code.                      2,457        

      (G)  "Revenues" means all rentals and other charges          2,459        

received by the convention facilities authority for the use or     2,460        

services of any facility, the sale of any merchandise, or the      2,461        

operation of any concessions; any gift or grant received with      2,462        

respect to any facility, any moneys received with respect to the   2,463        

lease, sublease, sale, including installment sale or conditional   2,464        

sale, or other disposition of a facility or part thereof; moneys   2,465        

received in repayment of and for interest on any loans made by     2,466        

the authority to a person or governmental agency, whether from     2,467        

                                                          56     


                                                                 
the United States or any department, administration, or agency     2,468        

thereof, or otherwise; proceeds of convention facilities           2,469        

authority revenue bonds to the extent the use thereof for payment  2,470        

of principal or of premium, if any, or interest on the bonds is    2,471        

authorized by the authority; proceeds from any insurance,          2,472        

appropriation, or guaranty pertaining to a facility or property    2,473        

mortgaged to secure bonds or pertaining to the financing of the    2,474        

facility; income and profit from the investment of the proceeds    2,475        

of convention facilities authority revenue bonds or of any         2,476        

revenues; CONTRIBUTIONS OF THE PROCEEDS OF A TAX LEVIED PURSUANT   2,477        

TO DIVISION (A)(3) OF SECTION 5739.024 OF THE REVISED CODE; and    2,479        

moneys transmitted to the authority pursuant to division (B) of    2,480        

section 5739.211 and division (B) of section 5741.031 of the       2,481        

Revised Code.                                                                   

      (H)  "Public roads" includes all public highways, roads,     2,483        

and streets in the state, whether maintained by the state,         2,484        

county, city, township, or other political subdivision.            2,485        

      (I)  "Construction," unless the context indicates a          2,487        

different meaning or intent, includes, but is not limited to,      2,488        

reconstruction, enlargement, improvement, or providing fixtures,   2,489        

furnishings, and equipment.                                        2,490        

      (J)  "Convention facilities authority revenue bonds" or      2,492        

"revenue bonds," unless the context indicates a different meaning  2,493        

or intent, includes convention facilities authority revenue        2,494        

notes, convention facilities authority revenue renewal notes, and  2,495        

convention facilities authority revenue refunding bonds.           2,496        

      (K)  "Convention facilities authority tax anticipation       2,498        

bonds" or "tax anticipation bonds," unless the context indicates   2,499        

a different meaning, includes convention facilities authority tax  2,500        

anticipation bonds, tax anticipation notes, tax anticipation       2,501        

renewal notes, and tax anticipation refunding bonds.               2,502        

      (L)  "Bonds and notes" means convention facilities           2,504        

authority revenue bonds and convention facilities authority tax    2,505        

anticipation bonds.                                                2,506        

                                                          57     


                                                                 
      (M)  "Territory of the authority" means all of the area of   2,508        

the county creating the convention facilities authority.           2,509        

      (N)  "Excise taxes" means either or both of the taxes        2,511        

levied pursuant to division (B) of section 351.021 of the Revised  2,512        

Code.  "Excise taxes" does not include taxes levied pursuant to    2,513        

section 4301.424, 5743.026, or 5743.324 of the Revised Code.       2,514        

      (O)  "Transaction" means the charge by a hotel for each      2,516        

occupancy by transient guests of a room or suite of rooms used in  2,517        

a hotel as a single unit for any period of twenty-four hours or    2,518        

less.                                                              2,519        

      (P)  "Hotel" and "transient guests" have the same meaning    2,521        

MEANINGS as in section 5739.01 of the Revised Code.                2,523        

      (Q)  "Sports facility" means a facility intended to house    2,526        

major league professional athletic teams.                          2,527        

      (R)  "Constructing" or "construction" includes providing     2,529        

fixtures, furnishings, and equipment.                              2,531        

      Sec. 351.03.  (A)  Except as provided in DIVISION (A)(3) OF  2,540        

SECTION 5739.024 OR IN section 5739.026 of the Revised Code, no    2,542        

county creating a convention facilities authority may appropriate               

and expend public funds to finance or subsidize the operation of   2,543        

the authority.                                                                  

      (B)  Subject to making due provisions for payment and        2,545        

performance of its obligations, a convention facilities authority  2,546        

may be dissolved by the county creating it.  In such event the     2,547        

properties of the authority shall be transferred to the county     2,548        

creating it, and the county may thereupon appropriate and expend   2,549        

public funds to finance or subsidize the operation of such         2,550        

facilities.                                                                     

      Sec. 351.141.  A convention facilities authority that        2,559        

levies one or both of the excise taxes authorized by division (B)  2,560        

of section 351.021 of the Revised Code OR THAT RECEIVES            2,561        

CONTRIBUTIONS PURSUANT TO DIVISION (A)(3) OF SECTION 5739.024 OF   2,562        

THE REVISED CODE, by resolution may anticipate the proceeds of     2,564        

the levy and issue convention facilities authority tax             2,565        

                                                          58     


                                                                 
anticipation bonds, and notes anticipating the proceeds or the     2,566        

bonds, in the principal amount that, in the opinion of the         2,567        

authority, are necessary for the purpose of paying the cost of     2,568        

one or more facilities or parts of one or more facilities, and as  2,569        

able, with the interest on them, be paid over the term of the      2,570        

issue, or in the case of notes anticipating bonds over the term    2,571        

of the bonds, by the estimated amount of the excise taxes OR       2,572        

CONTRIBUTIONS anticipated thereby.  The excise taxes OR            2,574        

CONTRIBUTIONS are determined by the general assembly to satisfy                 

any applicable requirement of Section 11 of Article XII, Ohio      2,576        

Constitution.  An authority, at any time, may issue renewal tax    2,577        

anticipation notes, issue tax anticipation bonds to pay such       2,578        

notes, and, whenever it considers refunding expedient, refund any  2,579        

tax anticipation bonds by the issuance of tax anticipation         2,580        

refunding bonds whether the bonds to be refunded have or have not  2,581        

matured, and issue tax anticipation bonds partly to refund bonds   2,582        

then outstanding and partly for any other authorized purpose.      2,583        

The refunding bonds shall be sold and the proceeds needed for      2,584        

such purpose applied in the manner provided in the bond            2,585        

proceedings to the purchase, redemption, or payment of the bonds   2,586        

to be refunded.                                                                 

      Every issue of outstanding tax anticipation bonds shall be   2,588        

payable out of the proceeds of the excise taxes OR CONTRIBUTIONS   2,589        

anticipated and other revenues of the authority that are pledged   2,591        

for such payment.  The pledge shall be valid and binding from the  2,592        

time the pledge is made, and the anticipated excise taxes,         2,593        

CONTRIBUTIONS, and revenues so pledged and thereafter received by  2,595        

the authority immediately shall be subject to the lien of that     2,596        

pledge without any physical delivery of those excise taxes,        2,597        

CONTRIBUTIONS, and revenues or further act.  The lien of any       2,599        

pledge is valid and binding as against all parties having claims   2,600        

of any kind in tort, contract, or otherwise against the            2,601        

authority, whether or not such parties have notice of the lien.    2,602        

Neither the resolution nor any trust agreement by which a pledge   2,603        

                                                          59     


                                                                 
is created need be filed or recorded except in the authority's     2,604        

records.                                                                        

      Whether or not the bonds or notes are of such form and       2,606        

character as to be negotiable instruments under Title XIII of the  2,607        

Revised Code, the bonds or notes shall have all the qualities and  2,608        

incidents of negotiable instruments, subject only to their         2,609        

provisions for registration, if any.                               2,610        

      The tax anticipation bonds shall bear such date or dates,    2,612        

and shall mature at such time or times, in the case of any such    2,613        

notes or any renewals of such notes not exceeding twenty years     2,614        

from the date of issue of such original notes and in the case of   2,615        

any such bonds or any refunding bonds not exceeding forty years    2,616        

from the date of the original issue of notes or bonds for the      2,617        

purpose, and shall be executed in the manner that the resolution   2,618        

authorizing the bonds may provide.  The tax anticipation bonds     2,619        

shall bear interest at such rates, or at variable rate or rates    2,620        

changing from time to time, in accordance with provisions          2,621        

provided in the authorizing resolution, be in such denominations   2,622        

and form, either coupon or registered, carry such registration     2,623        

privileges, be payable in such medium of payment and at such       2,624        

place or places, and be subject to such terms of redemption, as    2,625        

the authority may authorize or provide.  The tax anticipation      2,626        

bonds may be sold at public or private sale, and at, or at not     2,627        

less than the price or prices as the authority determines.  If     2,628        

any officer whose signature or a facsimile of whose signature      2,629        

appears on any bonds or coupons ceases to be such officer before   2,630        

delivery of the bonds, the signature or facsimile shall            2,631        

nevertheless be sufficient for all purposes as if he THE OFFICER   2,632        

had remained in office until delivery of the bonds, and in case    2,634        

the seal of the authority has been changed after a facsimile has   2,635        

been imprinted on the bonds, the facsimile seal will continue to   2,636        

be sufficient for all purposes.                                    2,637        

      Any resolution or resolutions authorizing any tax            2,639        

anticipation bonds or any issue of tax anticipation bonds may      2,640        

                                                          60     


                                                                 
contain provisions, subject to any agreements with bondholders as  2,641        

may then exist, which provisions shall be a part of the contract   2,642        

with the holders of the bonds, as to the pledging of any or all    2,643        

of the authority's anticipated excise taxes, CONTRIBUTIONS, and    2,645        

revenues to secure the payment of the bonds or of any issue of     2,646        

the bonds; the use and disposition of revenues of the authority;   2,647        

the crediting of the proceeds of the sale of bonds to and among    2,648        

the funds referred to or provided for in the resolution;           2,649        

limitations on the purpose to which the proceeds of sale of the    2,650        

bonds may be applied and the pledging of portions of such          2,651        

proceeds to secure the payment of the bonds or of any issue of     2,652        

the bonds; as to notes issued in anticipation of the issuance of   2,653        

bonds, the agreement of the authority to do all things necessary   2,654        

for the authorization, issuance, and sale of such bonds in such    2,655        

amounts as may be necessary for the timely retirement of such      2,656        

notes; limitations on the issuance of additional bonds; the terms  2,657        

upon which additional bonds may be issued and secured; the         2,658        

refunding of outstanding bonds; the procedure, if any, by which    2,659        

the terms of any contract with bondholders may be amended, the     2,660        

amount of bonds the holders of which must consent thereto, and     2,661        

the manner in which such consent may be given; securing any bonds  2,662        

by a trust agreement in accordance with section 351.16 of the      2,663        

Revised Code; any other matters, of like or different character,   2,664        

that in any way affect the security or protection of the bonds.    2,665        

The excise taxes anticipated by the bonds, including bonds         2,666        

anticipated by notes, shall not be subject to diminution by        2,667        

initiative or referendum or by law while the bonds or notes        2,668        

remain outstanding in accordance with their terms, unless          2,669        

provision is made by law or by the authority for an adequate       2,670        

substitute therefor reasonably satisfactory to the trustee, if a   2,671        

trust agreement secures the bonds.                                 2,672        

      Neither the members of the board of directors of the         2,674        

authority nor any person executing the bonds shall be liable       2,675        

personally on the bonds or be subject to any personal liability    2,676        

                                                          61     


                                                                 
or accountability by reason of the issuance thereof.               2,677        

      Sec. 3301.0716.  As used in this section, "the elements of   2,686        

the competency-based education program" of a school district       2,687        

means the performance objectives, curricula, assessment methods,   2,688        

and intervention services required by divisions (A) to (D) of      2,689        

section 3301.0715 of the Revised Code.                             2,690        

      (A)  To help school districts develop the elements of a      2,692        

competency-based education program, the state board of education   2,693        

shall establish model competency-based education programs.  In     2,694        

developing competency-based education programs pursuant to         2,695        

divisions (A) to (D) of section 3301.0715 of the Revised Code,     2,696        

school districts shall seriously consider the model programs       2,697        

established by the state board, together with other relevant       2,698        

resources, standards, and models.  The models shall include                     

specification of all of the following for grades pre-kindergarten  2,699        

through twelve:                                                    2,700        

      (1)  Performance objectives recommended by the state board   2,702        

at each grade level in composition, mathematics, science,          2,704        

citizenship, and reading and in any additional area of study for   2,705        

any grade level identified by the state board;                     2,706        

      (2)  A model curriculum for instruction at each grade level  2,708        

in composition, mathematics, science, citizenship, and reading     2,710        

and in any additional area of study for any grade level            2,711        

identified by the state board;                                                  

      (3)  Recommended assessment methods suitable for measuring   2,713        

progress in meeting the recommended performance objectives at      2,715        

each grade level in composition, mathematics, science,             2,716        

citizenship, and reading and in any additional area of study for   2,717        

any grade level.  However, nothing in this section requires a      2,718        

district to utilize any of the recommended assessment methods.                  

      (4)  A recommended program of intervention services by       2,720        

grade level for pupils who do not make satisfactory progress       2,722        

toward achieving recommended performance objectives in             2,723        

composition, mathematics, science, citizenship, and reading and    2,724        

                                                          62     


                                                                 
in any additional area of study for any grade level identified by               

the state board.                                                   2,725        

      (B)  The state board may establish additional model          2,727        

competency-based education programs for any grade levels in areas  2,728        

of study other than composition, mathematics, science,             2,729        

citizenship, and reading.  Such model programs shall contain       2,730        

performance objectives, a model curriculum, recommended            2,731        

assessment methods, and a suggested intervention program as in     2,732        

the case of the model programs required by division (A) of this    2,733        

section.                                                                        

      THE STATE BOARD SHALL NOT ADOPT A MODEL COMPETENCY-BASED     2,735        

EDUCATION PROGRAM IN HEALTH OR PHYSICAL EDUCATION UNTIL THE        2,736        

GENERAL ASSEMBLY HAS APPROVED THE MODEL PROGRAM THROUGH THE        2,738        

ADOPTION OF A CONCURRENT RESOLUTION.  AFTER ADOPTING A MODEL                    

COMPETENCY-BASED PROGRAM IN HEALTH OR PHYSICAL EDUCATION, THE      2,739        

STATE BOARD SHALL NOT REVISE IT UNTIL AFTER THE GENERAL ASSEMBLY   2,740        

HAS APPROVED THE REVISIONS THROUGH THE ADOPTION OF A CONCURRENT    2,741        

RESOLUTION.  BEFORE THE HOUSE OF REPRESENTATIVES OR THE SENATE     2,742        

VOTES ON A CONCURRENT RESOLUTION APPROVING A MODEL PROGRAM OR      2,743        

REVISIONS, ITS STANDING COMMITTEE HAVING PRINCIPAL JURISDICTION    2,744        

OVER PRIMARY AND SECONDARY EDUCATION LEGISLATION SHALL CONDUCT AT  2,746        

LEAST ONE PUBLIC HEARING ON THE MODEL PROGRAM OR REVISIONS. Sec.   2,748        

3304.16.  In carrying out the purposes of sections 3304.11 to      2,749        

3304.27 of the Revised Code, the rehabilitation services           2,750        

commission:                                                                     

      (A)  Shall develop all necessary rules;                      2,752        

      (B)  Shall prepare and submit to the governor annual         2,754        

reports of activities and expenditures and, prior to each first    2,755        

regular session of the general assembly, an estimate of sums       2,756        

required to carry out the commission's responsibilities;           2,757        

      (C)  Shall certify any disbursement of funds available to    2,759        

the commission for vocational rehabilitation activities;           2,760        

      (D)  Shall serve as the sole state agency designated to      2,762        

administer the plan under the "Rehabilitation Act of 1973," 87     2,763        

                                                          63     


                                                                 
Stat. 355, 29 U.S.C. 701, as amended;                              2,764        

      (E)  Shall take appropriate action to guarantee rights of    2,766        

and services to handicapped persons;                               2,767        

      (F)  Shall consult with and advise other state agencies to   2,769        

assist them in meeting the needs of handicapped persons more       2,770        

effectively and to achieve maximum coordination among programs     2,771        

for the handicapped;                                               2,772        

      (G)  Shall establish an administrative division of consumer  2,774        

affairs and advocacy within the commission to promote and help     2,775        

guarantee the rights of handicapped persons;                       2,776        

      (H)  Shall maintain an inventory of state services that are  2,778        

available to handicapped persons;                                  2,779        

      (I)  Shall utilize, support, assist, and cooperate with the  2,781        

governor's committee on employment of the handicapped;             2,782        

      (J)  May delegate to any officer or employee of the          2,784        

commission any necessary powers and duties;                        2,785        

      (K)  May take any other necessary or appropriate action for  2,787        

cooperation with public and private agencies and organizations     2,788        

which may include:                                                 2,789        

      (1)  Reciprocal agreements with other states to provide for  2,791        

the vocational rehabilitation of individuals within the states     2,792        

concerned;                                                         2,793        

      (2)  Contracts or other arrangements with public and other   2,795        

nonprofit agencies and organizations for the construction or       2,796        

establishment and operation of vocational rehabilitation programs  2,797        

and facilities;                                                    2,798        

      (3)  Cooperative arrangements with the federal government    2,800        

for carrying out sections 3304.11 to 3304.27 of the Revised Code,  2,801        

the "Vocational Rehabilitation Act," 41 Stat.  735 (1920), 29      2,802        

U.S.C. 31, as amended, or other federal statutes pertaining to     2,803        

vocational rehabilitation, and to this end, may adopt plans and    2,804        

methods of administration found necessary by the federal           2,805        

government for the efficient operation of any joint arrangements   2,806        

or the efficient application of any federal statutes;              2,807        

                                                          64     


                                                                 
      (4)  Upon the designation of the governor, performing        2,809        

functions and services for the federal government relating to      2,810        

individuals under a physical or mental disability;                 2,811        

      (5)  Compliance with any requirements necessary to obtain    2,813        

federal funds in the maximum amount and most advantageous          2,814        

proportion possible.                                               2,815        

      (L)  May conduct research and demonstration projects,        2,817        

including inquiries concerning the causes of blindness and its     2,818        

prevention, provide training and instruction, including the        2,819        

establishment and maintenance of research fellowships and          2,820        

traineeships along with all necessary stipends and allowances,     2,821        

disseminate information, and provide technical assistance          2,822        

relating to vocational rehabilitation;                             2,823        

      (M)  May plan, establish, and operate programs, facilities,  2,825        

and services relating to vocational rehabilitation;                2,826        

      (N)  May accept and hold, invest, reinvest, or otherwise     2,828        

use gifts made for the purpose of furthering vocational            2,829        

rehabilitation;                                                    2,830        

      (O)  May ameliorate the condition of the aged blind or       2,832        

other severely disabled individuals by establishing a program of   2,833        

home visitation by commission employees for the purpose of         2,834        

instruction;                                                       2,835        

      (P)  May establish and manage small business enterprises     2,837        

that are operated by persons with a substantial handicap to        2,838        

employment, including blind persons;                               2,839        

      (Q)  May purchase from insurance companies licensed to do    2,841        

business in this state any insurance deemed necessary by the       2,842        

commission for the efficient operation of a suitable vending       2,843        

facility as defined in division (A) of section 3304.28 of the      2,844        

Revised Code;                                                      2,845        

      (R)  MAY ACCEPT DIRECTLY FROM ANY STATE AGENCY, AND ANY      2,847        

STATE AGENCY MAY TRANSFER DIRECTLY TO THE COMMISSION, SURPLUS      2,848        

COMPUTERS AND COMPUTER EQUIPMENT TO BE USED FOR ANY PURPOSES THE   2,849        

COMMISSION CONSIDERS APPROPRIATE, NOTWITHSTANDING SECTIONS 125.12  2,850        

                                                          65     


                                                                 
TO 125.14 OF THE REVISED CODE.                                                  

      Sec. 3315.01.  (A)  Except as provided in division (B) of    2,859        

this section and notwithstanding sections 3315.12 and 3315.14 of   2,860        

the Revised Code, the board of education of any school district    2,861        

may adopt a resolution requiring the treasurer of the district to  2,862        

credit the earnings made on the investment of the principal of     2,863        

the moneys specified in the resolution to the fund from which the               

earnings arose or any other fund of the district as the board      2,864        

specifies in its resolution.                                       2,865        

      (B)  This section does not apply to the earnings made on     2,867        

the investment of the bond retirement fund, the sinking fund, A    2,868        

PROJECT CONSTRUCTION FUND ESTABLISHED PURSUANT TO SECTIONS         2,869        

3318.01 TO 3318.20 OF THE REVISED CODE, or the payments received   2,870        

by school districts pursuant to division (L) of section 3317.024   2,871        

of the Revised Code.                                               2,872        

      Sec. 3316.03.  (A)  THE EXISTENCE OF A FISCAL WATCH SHALL    2,882        

BE DETERMINED BY THE AUDITOR OF STATE.  THE AUDITOR OF STATE MAY   2,883        

MAKE THE DETERMINATION ON THE AUDITOR OF STATE'S INITIATIVE, OR    2,884        

UPON RECEIPT OF A WRITTEN REQUEST FOR SUCH A DETERMINATION, WHICH  2,885        

MAY BE FILED BY THE GOVERNOR, THE SUPERINTENDENT OF PUBLIC                      

INSTRUCTION, OR A MAJORITY OF THE MEMBERS OF THE BOARD OF          2,886        

EDUCATION OF THE SCHOOL DISTRICT.  The auditor of state shall      2,888        

declare a school district to be in a state of fiscal watch if the  2,889        

auditor of state determines that division (A)(1), (2), or (3) of   2,890        

this section applies to the school district:                       2,891        

      (1)  All  of the following conditions are satisfied with     2,893        

respect to the school district:                                    2,894        

      (a)  An operating deficit has been certified for the         2,896        

current fiscal year by the auditor of state under section          2,897        

3313.483 of the Revised Code, and the certified operating deficit  2,899        

exceeds eight per cent of the school district's general fund       2,900        

revenue for the preceding fiscal year;                             2,901        

      (b)  The unencumbered cash balance in the school district's  2,904        

general fund at the close of the preceding fiscal year, less any   2,905        

                                                          66     


                                                                 
advances of property taxes, was less than eight per cent of the    2,906        

expenditures made from the general fund for the preceding fiscal   2,907        

year;                                                                           

      (c)  A majority of the voting electors have not voted in     2,909        

favor of levying a tax under section 5705.194 or 5705.21 or        2,911        

Chapter 5748. of the Revised Code that the auditor of state        2,912        

expects will raise enough additional revenue in the next           2,913        

succeeding fiscal year that divisions (A)(1)(a) and (b) of this    2,914        

section will not apply to the district in such next succeeding     2,915        

fiscal year.                                                                    

      (2)  The school district has outstanding securities issued   2,917        

under division (A)(4) of section 3316.06 of the Revised Code, and  2,918        

its financial planning and supervision commission has been         2,920        

terminated under section 3316.16 of the Revised Code.              2,921        

      (3)  The school district has received an advancement under   2,923        

section 3316.20 of the Revised Code.                               2,924        

      (B)  The auditor of state, after consulting with the         2,926        

superintendent of public instruction, shall issue an order         2,927        

declaring a school district to be in a state of fiscal emergency   2,929        

if the auditor of state determines that division (B)(1), (2),      2,930        

(3), or (4) of this section applies to the school district:        2,931        

      (1)  All of the following conditions are satisfied with      2,933        

respect to the school district:                                    2,934        

      (a)  The board of education of the school district is not    2,936        

able to demonstrate, to the auditor of state's satisfaction, the   2,937        

district's ability to repay outstanding loans received pursuant    2,938        

to section 3313.483 of the Revised Code or to repay securities     2,939        

issued pursuant to section 133.301 of the Revised Code in          2,940        

accordance with applicable repayment schedules unless the board    2,941        

requests additional loans under section 133.301 of the Revised     2,943        

Code in an aggregate principal amount exceeding fifty per cent of  2,944        

the sum of the following:                                          2,945        

      (i)  The aggregate original principal amount of loans        2,948        

received in the preceding fiscal year under section 3313.483 of    2,949        

                                                          67     


                                                                 
the Revised Code;                                                               

      (ii)  The aggregate amount borrowed by the district under    2,951        

section 133.301 of the Revised Code, excluding any additional      2,953        

amount borrowed as authorized under division (C) of that section.  2,954        

      (b)  An operating deficit has been certified for the         2,956        

current fiscal year by the auditor of state under section          2,957        

3313.483 of the Revised Code, and the certified operating deficit  2,959        

exceeds fifteen per cent of the school district's general fund     2,960        

revenue for the preceding fiscal year.  In determining the amount  2,961        

of an operating deficit under division (B)(1)(b) of this section,  2,962        

the auditor of state shall credit toward the amount of that        2,963        

deficit only the amount that may be borrowed from the spending     2,964        

reserve balance as determined under section 133.301 and division   2,965        

(F) of section 5705.29 of the Revised Code.                        2,966        

      (c)  A majority of the voting electors have not voted in     2,968        

favor of levying a tax under section 5705.194 or 5705.21 or        2,970        

Chapter 5748. of the Revised Code that the auditor of state        2,971        

expects will raise enough additional revenue in the next           2,972        

succeeding fiscal year that divisions (A)(1)(a) and (b) of this    2,973        

section will not apply to the district in such next succeeding     2,974        

fiscal year.                                                                    

      (d)  The school district is one that, at the time of the     2,976        

auditor of state's determination under this section, had a total   2,978        

student count of more than ten thousand students as most recently  2,979        

determined by the department of education pursuant to section      2,981        

3317.03 of the Revised Code.                                       2,982        

      (2)  The school district board fails, pursuant to section    2,985        

3316.04 of the Revised Code, to submit a plan acceptable to the    2,986        

state superintendent of public instruction within one hundred      2,987        

twenty days of the auditor of state's declaration under division   2,988        

(A) of this section;                                               2,989        

      (3)  A declaration of fiscal emergency is required by        2,991        

division (D) of section 3316.04 of the Revised Code;               2,992        

      (4)  The school district has received more than one          2,994        

                                                          68     


                                                                 
advancement under section 3316.20 of the Revised Code within a     2,996        

two-year period, or has received only one such advancement but     2,997        

also has an operating deficit as described in division (B)(1)(b)   2,998        

of this section.                                                                

      (C)  In making the determinations under this section, the    3,000        

auditor of state may use financial reports required under section  3,001        

117.43 of the Revised Code; tax budgets, certificates of           3,003        

estimated resources and amendments thereof, annual appropriating   3,004        

measures and spending plans, and any other documents or            3,005        

information prepared pursuant to Chapter 5705. of the Revised      3,006        

Code; and any other documents, records, or information available   3,007        

to the auditor of state that indicate the conditions described in  3,008        

divisions (A) and (B) of this section.                                          

      (D)  The auditor of state shall certify the action taken     3,010        

under division (A) or (B) of this section to the board of          3,011        

education of the school district, the director of budget and       3,012        

management, the mayor or county auditor who could be required to   3,013        

act pursuant to division (B)(1) of section 3316.05 of the Revised               

Code, and to the superintendent of public instruction.             3,014        

      (E)  A determination by the auditor of state under this      3,016        

section that a fiscal emergency condition does not exist is final  3,017        

and conclusive and not appealable.  A determination by the         3,018        

auditor of state under this section that a fiscal emergency        3,019        

exists is final, except that the board of education of the school  3,020        

district affected by such a determination may appeal the                        

determination of the existence of a fiscal emergency condition to  3,021        

the court of appeals having territorial jurisdiction over the      3,022        

school district.  The appeal shall be heard expeditiously by the   3,023        

court of appeals and for good cause shown shall take precedence    3,024        

over all other civil matters except earlier matters of the same    3,025        

character.  Notice of such appeal must be filed with the auditor                

of state and such court within thirty days after certification by  3,026        

the auditor of state to the board of education of the school       3,027        

district provided for in division (D) of this section.  In such    3,028        

                                                          69     


                                                                 
appeal, determinations of the auditor of state shall be presumed   3,029        

to be valid and the board of education shall have the burden of    3,030        

proving, by clear and convincing evidence, that each of the        3,031        

determinations made by the auditor of state as to the existence                 

of a fiscal emergency condition under this section was in error.   3,032        

If the board of education fails, upon presentation of its case,    3,033        

to prove by clear and convincing evidence that each such           3,034        

determination by the auditor of state was in error, the court      3,035        

shall dismiss the appeal.  The board of education and the auditor  3,036        

of state may introduce any evidence relevant to the existence or                

nonexistence of such fiscal emergency conditions.  The pendency    3,037        

of any such appeal shall not affect or impede the operations of    3,038        

this chapter; no restraining order, temporary injunction, or       3,039        

other similar restraint upon actions consistent with this chapter  3,040        

shall be imposed by the court or any court pending determination   3,041        

of such appeal; and all things may be done under this chapter      3,042        

that may be done regardless of the pendency of any such appeal.                 

Any action taken or contract executed pursuant to this chapter     3,043        

during the pendency of such appeal is valid and enforceable among  3,044        

all parties, notwithstanding the decision in such appeal.  If the  3,045        

court of appeals reverses the determination of the existence of a  3,046        

fiscal emergency condition by the auditor of state, the            3,047        

determination no longer has any effect, and any procedures         3,048        

undertaken as a result of the determination shall be terminated.   3,049        

      Sec. 3317.0212.  Divisions (B) and (C) of this section do    3,058        

not apply to a school district with a formula ADM of one hundred   3,060        

fifty or less.                                                                  

      (A)  As used in this section:                                3,062        

      (1)  "Fundamental FY 1997 state aid" or "fundamental FY      3,065        

1998 state aid" for a district means the total amount of state     3,066        

money received by the district in FOR the applicable fiscal year   3,068        

as reported on the department of education's form "SF-12,"         3,070        

adjusted as follows:                                               3,071        

      (a)  Minus the amount for transportation;                    3,073        

                                                          70     


                                                                 
      (b)  Minus any amounts for approved preschool handicapped    3,076        

units;                                                                          

      (c)  Minus any additional amount attributable to the         3,079        

reappraisal guarantee of division (C) of section 3317.04 of the    3,080        

Revised Code;                                                      3,082        

      (d)  Plus the amount deducted for payments to an             3,084        

educational service center;                                        3,085        

      (e)  Plus an estimated portion of the state money            3,087        

distributed in the applicable fiscal year to other school          3,088        

districts or educational service centers for approved units,       3,089        

other than preschool handicapped or gifted education units,        3,090        

attributable to the costs of providing services in those units to  3,092        

students entitled to attend school in the district;                             

      (f)  Minus an estimated portion of the state money           3,094        

distributed to the school district in the applicable fiscal year   3,095        

for approved units, other than preschool handicapped units or      3,096        

gifted education units, attributable to the costs of providing     3,097        

services in those units to students entitled to attend school in   3,098        

another school district;                                           3,099        

      (g)  Plus any additional amount paid in the applicable       3,102        

fiscal year pursuant to the vocational education recomputation     3,103        

required by Section 45.12 of Amended Substitute House Bill No.     3,108        

117 of the 121st general assembly or former Section 50.22 of       3,110        

Amended Substitute House Bill No. 215 of the 122nd general         3,115        

assembly;                                                                       

      (h)  Plus any additional amount paid in the applicable       3,118        

fiscal year pursuant to the special education recomputation        3,119        

required by former division (I) of section 3317.023 of the         3,120        

Revised Code;                                                      3,122        

      (i)  Plus any amount paid for equity aid in the applicable   3,125        

fiscal year under section 3317.0213 of the Revised Code;           3,127        

      (j)  PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL      3,129        

YEAR PURSUANT TO SECTION 3317.027 OF THE REVISED CODE;             3,131        

      (k)  PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL      3,133        

                                                          71     


                                                                 
YEAR RESULTING FROM A RECOMPUTATION MADE UNDER DIVISION (B) OF     3,134        

SECTION 3317.022 OF THE REVISED CODE.                              3,135        

      (2)  "Enhanced FY 1998 state aid" for a district means its   3,138        

fundamental FY 1998 state aid plus any amounts for which the       3,139        

district was eligible pursuant to division (K) of section          3,141        

3317.024 of the Revised Code, as that division existed in fiscal   3,142        

year 1998.                                                         3,143        

      (3)  "State basic aid" for a district in FOR any fiscal      3,145        

year after fiscal year 1998 means the sum of the following:        3,148        

      (a)  The amount computed for the district for basic formula  3,150        

aid and special education funding under divisions (A), (B), and    3,152        

(C)(1) of section 3317.022 and sections 3317.025 to 3317.028 AND   3,154        

3317.027 of the Revised Code and DPIA aid under section 3317.029   3,155        

of the Revised Code in the current fiscal year before any          3,157        

deduction or credit required by division (B), (D), (E), (F), (G),  3,159        

(H), (I), (J), or (K) of section 3317.023 or division (J) of       3,160        

section 3317.029 of the Revised Code;                              3,162        

      (b)  Any amounts for which the district is eligible          3,165        

pursuant to division (C) of section 3317.023, divisions (G) and    3,167        

(P) of section 3317.024, and division (B) of section 3317.162 of   3,168        

the Revised Code;                                                  3,169        

      (c)  Any equity aid for which the district is eligible       3,172        

under section 3317.0213 of the Revised Code.                                    

      (B)  Upon request of the department of education, the        3,174        

treasurer of any school district or educational service center     3,175        

shall furnish data needed to calculate the amounts specified in    3,176        

divisions (A)(1)(e) and (f) of this section.  The department       3,177        

shall compute the state basic aid guarantee for each school        3,179        

district for the fiscal year as follows:                           3,180        

      (1)  Subtract the amount of state basic aid from the amount  3,183        

of fundamental FY 1998 state aid.  If a negative number, this      3,184        

computation shall be deemed to be zero.                            3,185        

      (2)  Compute the following amounts:                          3,187        

      (a)  Formula ADM X (state basic aid/formula ADM);            3,190        

                                                          72     


                                                                 
      (b)  The greater of formula ADM or three-year average        3,193        

formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM).         3,194        

      (3)  If the amount computed under division (B)(2)(b) of      3,197        

this section is greater than the amount computed under division                 

(B)(2)(a) of this section, determine the amount by which it is     3,199        

greater.  If the amount computed under division (B)(2)(b) of this  3,200        

section is not greater than the amount computed under division     3,201        

(B)(2)(a) of this section, this computation shall be deemed to be  3,202        

zero.                                                                           

      (4)  Except as provided in division (C) of this section,     3,205        

the department shall determine for each district the lesser of     3,206        

the amounts computed in divisions (B)(1) and (3) of this section   3,208        

and, if greater than zero, pay the district that amount.           3,210        

      (C)  In fiscal year 1999, the department shall calculate     3,213        

for each district the sum of the district's state basic aid for    3,215        

fiscal year 1999 plus the transportation portion of state aid      3,217        

computed under division (D) of section 3317.022 of the Revised     3,220        

Code for the district for fiscal year 1999.  If a district's       3,221        

enhanced FY 1998 state aid is greater than that sum, then the      3,222        

department shall pay the district in fiscal year 1999 one hundred  3,224        

per cent of the difference or the amount required by division      3,225        

(B)(4) of this section, whichever is greater.                      3,226        

      (D)(1)  The state basic aid guarantee in any fiscal year     3,228        

for a school district with a formula ADM of one hundred fifty or   3,229        

less shall be the greatest of the following amounts:               3,230        

      (a)  The district's state basic aid for the fiscal year;     3,232        

      (b)  The district's fundamental FY 1998 state aid;           3,234        

      (c)  The district's fundamental FY 1997 state aid;.          3,236        

      (2)  If in any fiscal year the state basic aid for a school  3,238        

district with a formula ADM of one hundred fifty or less is less   3,239        

than the guarantee amount determined for the district under        3,240        

division (D)(1) of this section, the department of education       3,241        

shall pay the district the amount of the difference.               3,242        

      Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1),     3,252        

                                                          73     


                                                                 
and (C) of this section, any student enrolled in kindergarten      3,253        

more than half time shall be reported as one-half student under    3,254        

this section.                                                                   

      (A)  The superintendent of each city and exempted village    3,257        

school district and of each educational service center shall, for  3,258        

the schools under the superintendent's supervision, certify to     3,259        

the state board of education on or before the fifteenth day of     3,260        

October in each year for the first full school week in October     3,261        

the formula ADM, which shall consist of the average daily          3,262        

membership during such week of the sum of the following:           3,263        

      (1)  On an FTE basis, the number of students in grades       3,266        

kindergarten through twelve receiving any educational services     3,267        

from the district, except that the following categories of         3,268        

students shall not be included in the determination:               3,269        

      (a)  Students enrolled in adult education classes;           3,271        

      (b)  Adjacent or other district students enrolled in the     3,273        

district under an open enrollment policy pursuant to section       3,274        

3313.98 of the Revised Code;                                       3,275        

      (c)  Students receiving services in the district pursuant    3,277        

to a compact, cooperative education agreement, or a contract, but  3,278        

who are entitled to attend school in another district pursuant to  3,279        

section 3313.64 or 3313.65 of the Revised Code;                    3,280        

      (d)  Students for whom tuition is payable pursuant to        3,283        

sections 3317.081 and 3323.141 of the Revised Code.                3,284        

      (2)  On an FTE basis, the number of students entitled to     3,287        

attend school in the district pursuant to section 3313.64 or       3,288        

3313.65 of the Revised Code, but receiving educational services    3,290        

in grades kindergarten through twelve from one or more of the                   

following entities:                                                3,291        

      (a)  A community school pursuant to Chapter 3314. of the     3,294        

Revised Code or Section 50.52 of Amended Substitute House Bill     3,295        

No. 215 of the 122nd general assembly;                                          

      (b)  An alternative school pursuant to sections 3313.974 to  3,297        

3313.979 of the Revised Code as described in division (I)(2)(a)    3,299        

                                                          74     


                                                                 
or (b) of this section;                                                         

      (c)  A college pursuant to Chapter 3365. of the Revised      3,301        

Code;                                                                           

      (d)  An adjacent or other school district under an open      3,304        

enrollment policy adopted pursuant to section 3313.98 of the       3,305        

Revised Code;                                                      3,306        

      (e)  An educational service center or cooperative education  3,309        

district;                                                                       

      (f)  Another school district under a cooperative education   3,312        

agreement, compact, or contract.                                                

      (3)  One-fourth of the number of students enrolled in a      3,314        

joint vocational school district OR UNDER A VOCATIONAL EDUCATION   3,315        

COMPACT;                                                                        

      (4)  The number of handicapped children, other than          3,317        

handicapped preschool children, entitled to attend school in the   3,318        

district pursuant to section 3313.64 or 3313.65 of the Revised     3,320        

Code who are placed with a county MR/DD board, minus the number    3,323        

of such children placed with a county MR/DD board in fiscal year   3,324        

1998.  If this calculation produces a negative number, the number  3,326        

reported under division (A)(4) of this section shall be zero.      3,328        

      (B)  To enable the department of education to obtain the     3,331        

data needed to complete the calculation of payments pursuant to    3,332        

this chapter, in addition to the formula ADM, each superintendent  3,334        

shall report separately the following student counts:              3,335        

      (1)  The total average daily membership in regular day       3,337        

classes included in the report under division (A)(1) or (2) of     3,338        

this section for kindergarten, and each of grades one through      3,339        

twelve in schools under the superintendent's supervision;          3,341        

      (2)  The average daily membership of all handicapped         3,343        

preschool children included in a unit approved for the district    3,344        

under section 3317.05 of the Revised Code, in accordance with      3,345        

rules adopted under that section;                                  3,346        

      (3)  The number of children entitled to attend school in     3,348        

the district pursuant to section 3313.64 or 3313.65 of the         3,349        

                                                          75     


                                                                 
Revised Code who are participating in a pilot project scholarship  3,351        

program established under sections 3313.974 to 3313.979 of the     3,352        

Revised Code as described in division (I)(2)(a) or (b) of this     3,354        

section, are enrolled in a college under Chapter 3365. of the      3,355        

Revised Code, are enrolled in an adjacent or other school          3,356        

district under section 3313.98 of the Revised Code, are enrolled   3,357        

in a community school established under Chapter 3314. of the       3,359        

Revised Code or Section 50.52 of Amended Substitute House Bill     3,360        

No. 215 of the 122nd general assembly, or are participating in a   3,361        

program operated by a county MR/DD board or a state institution;   3,363        

      (4)  The number of pupils enrolled in joint vocational       3,365        

schools;                                                           3,366        

      (5)  The average daily membership of handicapped children    3,369        

reported under division (A)(1) or (2) of this section receiving    3,370        

category one special education services, described in division     3,371        

(A) of section 3317.013 of the Revised Code;                       3,372        

      (6)  The average daily membership of handicapped children    3,374        

reported under division (A)(1) or (2) of this section receiving    3,375        

category two special education services, described in division     3,376        

(B) of section 3317.013 of the Revised Code;                       3,377        

      (7)  The average daily membership of handicapped children    3,379        

reported under division (A)(1) or (2) of this section identified   3,381        

as having any of the handicaps specified in division (F)(3) of     3,382        

section 3317.02 of the Revised Code;                                            

      (8)  The average daily membership of pupils reported under   3,384        

division (A)(1) or (2) of this section enrolled in vocational      3,386        

education programs or classes operated by the school district or   3,387        

by another district other than a joint vocational school district               

or by an educational service center;                               3,388        

      (9)  The average number of children transported by the       3,390        

school district on board-owned or contractor-owned and -operated   3,391        

buses, reported in accordance with rules adopted by the            3,393        

department of education;                                                        

      (10)(a)  The number of children, other than handicapped      3,396        

                                                          76     


                                                                 
preschool children, the district placed with a county MR/DD board  3,397        

in fiscal year 1998;                                               3,398        

      (b)  The number of handicapped children, other than          3,400        

handicapped preschool children, placed with a county MR/DD board   3,402        

in the current fiscal year to receive category one special         3,403        

education services, described in division (A) of section 3317.013  3,405        

of the Revised Code;                                               3,406        

      (c)  The number of handicapped children, other than          3,408        

handicapped preschool children, placed with a county MR/DD board   3,410        

in the current fiscal year to receive category two special         3,411        

education services, described in division (B) of section 3317.013  3,413        

of the Revised Code;                                               3,414        

      (d)  The number of handicapped children, other than          3,416        

handicapped preschool children, placed with a county MR/DD board   3,418        

in the current fiscal year to receive category three special       3,419        

education services, described in division (F)(3) of section        3,421        

3317.02 of the Revised Code.                                       3,423        

      (C)  Except as otherwise provided in this section for        3,425        

kindergarten students, the average daily membership in divisions   3,426        

(B)(1) to (8) of this section shall be based upon the number of    3,428        

full-time equivalent students.  The state board of education       3,429        

shall adopt rules defining full-time equivalent students and for   3,430        

determining the average daily membership therefrom for the         3,432        

purposes of divisions (A) and (B) of this section.  No child       3,433        

shall be counted as more than a total of one child in the sum of   3,435        

the average daily memberships of a school district under division  3,436        

(A) or under divisions (B)(1) to (8) of this section.  Based on    3,437        

the information reported under this section, the department of     3,438        

education shall determine the total student count, as defined in   3,439        

section 3301.011 of the Revised Code, for each school district.    3,440        

      (D)  The superintendent of each joint vocational and         3,442        

cooperative education school district shall certify to the         3,444        

superintendent of public instruction, in a manner prescribed by                 

the state board of education, the applicable average daily         3,445        

                                                          77     


                                                                 
memberships for all students in the joint vocational or            3,447        

cooperative education school district, also indicating the city,   3,448        

local, or exempted village school district of residence for each   3,449        

pupil.                                                                          

      (E)  In each school of each city, local, exempted village,   3,451        

joint vocational, and cooperative education school district there  3,452        

shall be maintained a record of school membership, which record    3,453        

shall accurately show, for each day the school is in session, the  3,454        

actual membership enrolled in regular day classes.  For the        3,455        

purpose of determining average daily membership, the membership    3,456        

figure of any school shall not include any pupils except those     3,457        

pupils described by division (A) of this section.  The record of   3,459        

membership for each school shall be maintained in such manner      3,460        

that no pupil shall be counted as in membership prior to the       3,461        

actual date of entry in the school and also in such manner that    3,462        

where for any cause a pupil permanently withdraws from the school  3,463        

that pupil shall not be counted as in membership from and after    3,465        

the date of such withdrawal.  There shall not be included in the   3,466        

membership of any school any of the following:                                  

      (1)  Any pupil who has graduated from the twelfth grade of   3,469        

a public high school;                                                           

      (2)  Any pupil who is not a resident of the state;           3,471        

      (3)  Any pupil who was enrolled in the schools of the        3,474        

district during the previous school year when tests were                        

administered under section 3301.0711 of the Revised Code but did   3,475        

not take one or more of the tests required by that section and     3,476        

was not excused pursuant to division (C)(1) of that section;       3,477        

      (4)  Any pupil who has attained the age of twenty-two        3,479        

years, except for the following:                                   3,480        

      (a)  Persons suffering from tuberculosis and receiving       3,482        

treatment in any approved state, county, district, or municipal    3,483        

tuberculosis hospital who have not graduated from the twelfth      3,484        

grade of a public high school;                                     3,485        

      (b)  Veterans of the armed services whose attendance was     3,487        

                                                          78     


                                                                 
interrupted before completing the recognized twelve-year course    3,488        

of the public schools by reason of induction or enlistment in the  3,489        

armed forces and who apply for reenrollment in the public school   3,490        

system of their residence not later than four years after          3,491        

termination of war or their honorable discharge.                   3,492        

      If, however, any veteran described by division (E)(4)(b) of  3,495        

this section elects to enroll in special courses organized for     3,496        

veterans for whom tuition is paid under the provisions of federal  3,497        

laws, or otherwise, that veteran shall not be included in average  3,499        

daily membership.                                                               

      Notwithstanding division (E)(3) of this section, the         3,501        

membership of any school may include a pupil who did not take a    3,502        

test required by section 3301.0711 of the Revised Code if the      3,503        

superintendent of public instruction grants a waiver from the      3,504        

requirement to take the test to the specific pupil.  The           3,505        

superintendent may grant such a waiver only for good cause in      3,506        

accordance with rules adopted by the state board of education.     3,507        

      The average daily membership figure of any local, city, or   3,509        

exempted village school district shall be determined by dividing   3,510        

the figure representing the sum of the number of pupils enrolled   3,511        

during each day the school of attendance is actually open for      3,512        

instruction during the first full school week in October by the    3,514        

total number of days the school was actually open for instruction  3,515        

during that week.  For purposes of state funding, "enrolled"       3,516        

persons are only those pupils who are attending school, those who  3,517        

have attended school during the current school year and are        3,518        

absent for authorized reasons, and those handicapped children      3,519        

currently receiving home instruction.                              3,520        

      The average daily membership figure of any joint vocational  3,522        

or cooperative education school district shall be determined in    3,523        

accordance with rules adopted by the state board of education.     3,524        

      (F)(1)  If the formula ADM for the first full school week    3,527        

in February is at least three per cent greater than that           3,528        

certified for the first full school week in the preceding          3,529        

                                                          79     


                                                                 
October, the superintendent of schools of any city or exempted     3,530        

village school district or educational service center shall        3,531        

certify such increase to the superintendent of public              3,532        

instruction.  Such certification shall be submitted no later than  3,533        

the fifteenth day of February.  For the balance of the fiscal      3,534        

year, beginning with the February payments, the superintendent of  3,535        

public instruction shall use the increased formula ADM in          3,537        

calculating or recalculating the amounts to be allocated in                     

accordance with section 3317.022 of the Revised Code.  In no       3,540        

event shall the superintendent use an increased membership         3,541        

certified to the superintendent after the fifteenth day of         3,542        

February.                                                                       

      (2)  If during the first full school week in February the    3,544        

total number of units for handicapped preschool children that are  3,547        

eligible for approval under division (B) of section 3317.05 of     3,548        

the Revised Code exceeds the number of such units that have been   3,549        

approved for the year under such division, the superintendent of   3,550        

schools of any city, exempted village, or cooperative education    3,551        

school district or educational service center shall make the       3,552        

certifications required by this section for such week.  If the     3,553        

state board of education determines additional units can be        3,554        

approved for the fiscal year within any limitations set forth in   3,555        

the acts appropriating moneys for the funding of such units, the   3,557        

board shall approve additional units for the fiscal year on the    3,558        

basis of such average daily membership.  For each unit so                       

approved, the department of education shall pay an amount          3,559        

computed in the manner prescribed in section 3317.161 or 3317.19   3,561        

and section 3317.162 of the Revised Code.                                       

      (3)  If during the first full school week in February the    3,563        

total number of special education units that are eligible for      3,564        

approval under division (D)(1) of section 3317.05 of the Revised   3,565        

Code for a joint vocational school district exceeds the number of  3,566        

those units that have been approved for the year under that        3,567        

division, the superintendent of the district shall make the                     

                                                          80     


                                                                 
certifications required by this section for that week.  If the     3,568        

state board of education determines additional units can be        3,569        

approved for the fiscal year within any limitations set forth in   3,570        

the acts appropriating moneys for the funding of such units, the   3,571        

state board shall approve additional units for the fiscal year on  3,572        

the basis of the average daily membership certified.  For each                  

unit approved, the department of education shall pay an amount     3,573        

computed in the manner prescribed by section 3317.16 of the        3,574        

Revised Code.                                                                   

      (G)(1)(a)  The superintendent of an institution operating a  3,576        

special education program pursuant to section 3323.091 of the      3,577        

Revised Code shall, for the programs under such superintendent's   3,579        

supervision, certify to the state board of education the average   3,580        

daily membership of all handicapped children in classes or         3,581        

programs approved annually by the state board of education, in     3,582        

the manner prescribed by the superintendent of public              3,583        

instruction.                                                                    

      (b)  The superintendent of an institution with vocational    3,586        

education units approved under division (A) of section 3317.05 of  3,587        

the Revised Code shall, for the units under the superintendent's   3,589        

supervision, certify to the state board of education the average   3,590        

daily membership in those units, in the manner prescribed by the   3,591        

superintendent of public instruction.                              3,592        

      (2)  The superintendent of each county MR/DD board that      3,594        

maintains special education classes or units approved by the       3,595        

state board of education pursuant to section 3317.05 of the        3,597        

Revised Code shall do both of the following:                       3,598        

      (a)  Certify to the state board, in the manner prescribed    3,601        

by the board, the average daily membership in classes and units    3,602        

approved under division (D)(1) of section 3317.05 of the Revised   3,603        

Code for each school district that has placed children in the      3,604        

classes or units;                                                               

      (b)  Certify to the state board, in the manner prescribed    3,606        

by the board, the average daily membership in preschool            3,608        

                                                          81     


                                                                 
handicapped units approved under division (B) of section 3317.05   3,610        

of the Revised Code.                                                            

      (3)  If during the first full school week in February the    3,612        

average daily membership of the classes or units maintained by     3,613        

the county MR/DD board that are eligible for approval under        3,614        

division (D)(1) of section 3317.05 of the Revised Code is greater  3,616        

than the average daily membership for the preceding October, the   3,617        

superintendent of the board shall make the certifications          3,618        

required by this section for such week and, if during the first    3,620        

full school week in February the average daily membership of the   3,621        

units maintained by the county MR/DD board that are eligible for   3,622        

approval under division (B) of section 3317.05 of the Revised      3,623        

Code is greater than the average daily membership for the          3,624        

preceding October, the superintendent shall certify the average    3,625        

daily membership for the first full school week in February for    3,626        

such units to the state board of education.  If the state board    3,627        

determines that additional classes or units can be approved for    3,628        

the fiscal year within any limitations set forth in the acts       3,629        

appropriating moneys for the funding of such classes and units,    3,630        

the board shall approve and fund additional units for the fiscal   3,631        

year on the basis of such average daily membership.  For each                   

unit so approved, the department of education shall pay an amount  3,632        

computed in the manner prescribed in sections 3317.161 and         3,634        

3317.162 of the Revised Code.                                                   

      (H)  Except as provided in division (I) of this section,     3,637        

when any city, local, or exempted village school district          3,638        

provides instruction for a nonresident pupil whose attendance is   3,639        

unauthorized attendance as defined in section 3327.06 of the       3,640        

Revised Code, that pupil's membership shall not be included in     3,641        

that district's membership figure used in the calculation of that  3,642        

district's formula ADM or included in the determination of any     3,643        

unit approved for the district under section 3317.05 of the        3,644        

Revised Code.  The reporting official shall report separately the  3,645        

average daily membership of all pupils whose attendance in the     3,646        

                                                          82     


                                                                 
district is unauthorized attendance, and the membership of each    3,647        

such pupil shall be credited to the school district in which the   3,648        

pupil is entitled to attend school under division (B) of section   3,649        

3313.64 or section 3313.65 of the Revised Code as determined by    3,650        

the department of education.                                       3,651        

      (I)(1)  A school district admitting a scholarship student    3,653        

of a pilot project district pursuant to division (C) of section    3,654        

3313.976 of the Revised Code may count such student in its         3,655        

average daily membership.                                                       

      (2)  In any year for which funds are appropriated for pilot  3,657        

project scholarship programs, a school district implementing a     3,658        

state-sponsored pilot project scholarship program that year        3,659        

pursuant to sections 3313.974 through 3313.979 of the Revised      3,661        

Code may count in average daily membership:                                     

      (a)  All children residing in the district and utilizing a   3,663        

scholarship to attend kindergarten in any alternative school, as   3,664        

defined in division (A)(9) of section 3313.974 of the Revised      3,665        

Code;                                                                           

      (b)  All children who were enrolled in the district in the   3,667        

preceding year who are utilizing a scholarship to attend any such  3,668        

alternative school.                                                3,669        

      Sec. 3318.03.  Upon conducting the on-site evaluation under  3,678        

section 3318.02 of the Revised Code, the Ohio school facilities    3,680        

commission shall make a determination of the practicabilty of      3,681        

meeting the district's classroom facility needs as indicated in    3,682        

division (B)(2) of section 3318.02 of the Revised Code; the ALL    3,683        

OF THE FOLLOWING:                                                               

      (A)  THE needs of the school district for additional         3,686        

classroom facilities; the                                          3,687        

      (B)  THE number of classroom facilities to be included in a  3,690        

project and the basic project cost of constructing, acquiring,     3,691        

reconstructing, or making additions to each such facility; the     3,692        

      (C)  THE amount of such cost that the school district can    3,695        

supply from available funds, by the issuance of bonds previously   3,696        

                                                          83     


                                                                 
authorized by the electors of the school district the proceeds of  3,697        

which can lawfully be used for the project, and by the issuance    3,698        

of bonds under section 3318.05 of the Revised Code; and the        3,699        

      (D)  THE remaining amount of such cost that shall be         3,702        

supplied by the state;                                             3,703        

      (E)  IF THE STATE'S PORTION OF THE BASIC PROJECT COST        3,706        

EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE STATE'S PORTION   3,707        

TO BE ENCUMBERED IN ACCORDANCE WITH SECTION 3318.11 OF THE         3,709        

REVISED CODE IN THE CURRENT AND SUBSEQUENT FISCAL BIENNIUMS FROM   3,711        

FUNDS APPROPRIATED FOR PURPOSES OF SECTIONS 3318.01 TO 3318.20 OF  3,712        

THE REVISED CODE.  The                                             3,715        

      THE commission shall make a determination in favor of        3,718        

constructing, acquiring, reconstructing, or making additions to a  3,719        

classroom facility only upon evidence that the proposed project    3,721        

conforms to sound educational practice, that it is in keeping      3,722        

with the orderly process of school district reorganization and     3,723        

consolidation, and that the actual or projected enrollment in      3,724        

each classroom facility proposed to be included in the project is  3,726        

at least three hundred fifty pupils.  Exceptions shall be                       

authorized only in those districts where topography, sparcity      3,728        

SPARSITY of population, and other factors make larger schools      3,730        

impracticable.                                                                  

      Sections 125.81 and 153.04 of the Revised Code shall not     3,732        

apply to classroom facilities constructed under sections 3318.01   3,733        

to 3318.20 of the Revised Code.                                    3,734        

      Sec. 3318.04.  If the Ohio school facilities commission      3,743        

makes a determination under section 3318.03 of the Revised Code    3,745        

in favor of constructing, acquiring, reconstructing, or making     3,746        

additions to a classroom facility, the project shall be            3,747        

conditionally approved.  Such conditional approval shall be        3,748        

submitted to the controlling board for approval thereof.  The                   

controlling board shall forthwith approve or reject the            3,749        

commission's determination, conditional approval, and the amount   3,751        

of the state's portion of the basic project cost, AND, IF THE                   

                                                          84     


                                                                 
STATE'S PORTION EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE   3,752        

STATE'S PORTION TO BE ENCUMBERED IN THE CURRENT FISCAL BIENNIUM.   3,753        

In the event of approval thereof by the controlling board, the     3,755        

commission shall certify such conditional approval to the school   3,756        

district board and shall encumber from the total funds             3,757        

appropriated for the purpose of sections 3318.01 to 3318.20 of     3,758        

the Revised Code the amount of the state's portion of the basic                 

project cost OR, IF THE STATE'S PORTION EXCEEDS FORTY MILLION      3,759        

DOLLARS, THE AMOUNT APPROVED UNDER THIS SECTION TO BE ENCUMBERED   3,760        

IN THE CURRENT FISCAL BIENNIUM.                                    3,761        

      The basic project cost for a project approved under this     3,764        

section shall not exceed the cost that would otherwise have to be               

incurred if the classroom facilities to be constructed, acquired,  3,765        

or reconstructed, or the additions to be made to classroom         3,766        

facilities, under such project meet, but do not exceed, the        3,767        

specifications for plans and materials for classroom facilities    3,768        

adopted by the commission.                                                      

      No school district shall have a project conditionally        3,770        

approved pursuant to this section if the project includes the      3,771        

reconstruction of, or the making of additions to, any classroom    3,772        

facilities that were constructed, acquired, reconstructed, or      3,773        

added to as part of a project funded under any version of          3,774        

sections 3318.01 to 3318.20 of the Revised Code, and the prior     3,776        

project was one for which the electors of such district approved   3,777        

a levy within the last ten years pursuant to any version of        3,778        

section 3318.06 of the Revised Code for purposes of qualifying     3,779        

for the funding of that project.                                                

      Sec. 3318.11.  FOR ANY PROJECT FOR WHICH THE STATE'S         3,781        

PORTION OF THE BASIC PROJECT COST EXCEEDS FORTY MILLION DOLLARS,   3,782        

THE AMOUNT OF STATE APPROPRIATIONS TO BE ENCUMBERED FOR THE        3,783        

PROJECT IN EACH FISCAL BIENNIUM SHALL BE DETERMINED BY THE OHIO    3,784        

SCHOOL FACILITIES COMMISSION BASED ON THE PROJECT'S ESTIMATED      3,785        

CONSTRUCTION SCHEDULE FOR THAT BIENNIUM.  IN EACH FISCAL BIENNIUM  3,786        

SUBSEQUENT TO THE FIRST BIENNIUM IN WHICH STATE APPROPRIATIONS     3,787        

                                                          85     


                                                                 
ARE ENCUMBERED FOR THE PROJECT, THE PROJECT HAS PRIORITY FOR       3,788        

STATE FUNDS OVER PROJECTS FOR WHICH INITIAL STATE FUNDING IS       3,789        

SOUGHT.                                                                         

      Sec. 3318.12.  The Ohio school facilities commission shall   3,799        

cause to be transferred to the school district's project                        

construction fund the necessary amounts from amounts appropriated  3,801        

by the general assembly and set aside for such purpose, from time  3,802        

to time as may be necessary to pay obligations chargeable to such  3,803        

fund when due.  The ALL INVESTMENT EARNINGS OF A SCHOOL            3,804        

DISTRICT'S PROJECT CONSTRUCTION FUND SHALL BE CREDITED TO THE                   

FUND.                                                                           

      THE treasurer of the school district board shall disburse    3,808        

funds from the school district's project construction fund,        3,809        

INCLUDING INVESTMENT EARNINGS CREDITED TO THE FUND, only upon the  3,810        

approval of the commission or the commission's designated          3,811        

representative.  The commission or the commission's designated     3,812        

representative shall issue vouchers against such fund, in such     3,813        

amounts, and at such times as required by the contracts for        3,815        

construction of the project.                                                    

      AFTER THE PROJECT HAS BEEN COMPLETED:                        3,817        

      (A)  ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT        3,820        

CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE SCHOOL DISTRICT'S   3,821        

CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE DISTRICT'S    3,822        

MAINTENANCE FUND REQUIRED BY DIVISION (B) OF SECTION 3318.05 OF    3,824        

THE REVISED CODE, AND THE MONEY SHALL BE USED SOLELY FOR           3,826        

MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT.      3,827        

      (B)  ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT        3,830        

CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE STATE'S             3,831        

CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE COMMISSION    3,832        

FOR EXPENDITURE PURSUANT TO SECTIONS 3318.01 TO 3318.20 OF THE     3,834        

REVISED CODE.                                                      3,835        

      (C)  Any OTHER surplus remaining in the school district's    3,837        

project construction fund after the project has been completed     3,839        

shall be transferred to the commission AND THE SCHOOL DISTRICT     3,842        

                                                          86     


                                                                 
BOARD IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE       3,843        

FUND.  THE COMMISSION SHALL USE THE MONEY TRANSFERRED TO IT UNDER  3,844        

THIS DIVISION for expenditure pursuant to sections 3318.01 to      3,845        

3318.20 of the Revised Code; provided, that if the final cost of   3,846        

the project is less than the amount of moneys paid into the        3,847        

school district's project construction fund by the school          3,848        

district board, the amount by which the school district's          3,850        

contribution exceeds the actual cost shall be returned to the      3,851        

school district board.                                                          

      Sec. 3318.15.  There is hereby created the public school     3,860        

building fund within the state treasury consisting of all moneys   3,861        

received from the sale of classroom facilities pursuant to         3,862        

sections 3318.01 to 3318.20 of the Revised Code, any moneys        3,863        

transferred or appropriated to the fund by the general assembly,   3,864        

and any grants, gifts, or contributions received by the Ohio       3,865        

school facilities commission to be used for the purposes of the    3,866        

fund.  ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO    3,867        

THE FUND.                                                                       

      Moneys transferred or appropriated to the fund by the        3,869        

general assembly and moneys in the fund from grants, gifts, and    3,870        

contributions shall be used to acquire classroom facilities for    3,871        

sale to school districts pursuant to sections 3318.01 to 3318.20   3,872        

of the Revised Code.  The moneys in the fund received from the     3,873        

sale of classroom facilities shall be held in a separate account   3,874        

in the fund.  Such moneys may be used partially to acquire         3,875        

additional classroom facilities for sale to school districts       3,876        

pursuant to sections 3318.01 to 3318.20 and partially to pay bond  3,877        

service charges as defined in division (C) of section 3318.21 of   3,878        

the Revised Code on obligations, the proceeds of which are         3,879        

deposited into the school districts facilities fund created in     3,880        

section 3318.23 of the Revised Code.                               3,881        

      Sec. 3318.25.  There is hereby created in the state          3,890        

treasury the school building program assistance fund.  The fund    3,891        

shall consist of the proceeds of obligations issued for the        3,892        

                                                          87     


                                                                 
purposes of such fund pursuant to section 3318.26 of the Revised   3,893        

Code that are payable from moneys in the lottery profits           3,894        

education fund created in section 3770.06 of the Revised Code.     3,895        

ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE       3,896        

FUND.  Moneys in the fund shall be used as directed by the Ohio    3,897        

school facilities commission for the cost to the state of          3,899        

acquiring classroom facilities for sale to school districts        3,900        

pursuant to sections 3318.01 to 3318.20 of the Revised Code.       3,901        

      Sec. 3345.50.  Notwithstanding anything to the contrary in   3,910        

sections 123.01, AND 123.15, and 153.01 to 153.20 of the Revised   3,912        

Code, a state university, the medical college of Ohio at Toledo,   3,914        

a state community college, or the northeastern Ohio universities   3,915        

college of medicine may locally administer a ANY CAPITAL           3,916        

FACILITIES project for the construction, reconstruction,           3,917        

improvement, renovation, enlargement, or alteration of a public    3,918        

improvement under its jurisdiction for which the total amount of   3,919        

funds expected to be appropriated by the general assembly does     3,920        

not exceed four million dollars without the supervision, control,  3,921        

or approval of the department of administrative services as        3,922        

specified in those sections, if both of the following occur:                    

      (A)  Within sixty days after the effective date of the       3,924        

section of an act in which the general assembly initially makes    3,926        

an appropriation for the project, the board of trustees of the     3,927        

institution notifies the Ohio board of regents in writing of its   3,928        

intent to administer the CAPITAL FACILITIES project locally;       3,929        

      (B)  The board of trustees complies with the guidelines      3,932        

established pursuant to division (A) of section 125.101 153.16 of  3,934        

the Revised Code and all laws that govern the selection of         3,935        

consultants, preparation and approval of contract documents,       3,937        

receipt of bids, and award of contracts with respect to the        3,938        

project.                                                                        

      THE BOARD OF REGENTS SHALL ADOPT RULES IN ACCORDANCE WITH    3,941        

CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH CRITERIA FOR THE   3,944        

ADMINISTRATION BY ANY SUCH INSTITUTION OF HIGHER EDUCATION OF A    3,945        

                                                          88     


                                                                 
CAPITAL FACILITIES PROJECT FOR WHICH THE TOTAL AMOUNT OF FUNDS     3,946        

EXPECTED TO BE APPROPRIATED BY THE GENERAL ASSEMBLY EXCEEDS FOUR   3,947        

MILLION DOLLARS.  THE CRITERIA, TO BE DEVELOPED WITH THE           3,948        

DEPARTMENT OF ADMINISTRATIVE SERVICES AND HIGHER EDUCATION         3,949        

REPRESENTATIVES SELECTED BY THE BOARD OF REGENTS, SHALL INCLUDE    3,950        

SUCH MATTERS AS THE ADEQUACY OF THE STAFFING LEVELS AND EXPERTISE  3,951        

NEEDED FOR THE INSTITUTION TO ADMINISTER THE PROJECT, PAST         3,952        

PERFORMANCE OF THE INSTITUTION IN ADMINISTERING SUCH PROJECTS,     3,953        

AND THE AMOUNT OF INSTITUTIONAL OR OTHER NONSTATE MONEY TO BE      3,954        

USED IN FINANCING THE PROJECT.  THE BOARD OF REGENTS AND THE       3,955        

DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL APPROVE THE REQUEST    3,956        

OF ANY SUCH INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO          3,957        

ADMINISTER ANY SUCH CAPITAL FACILITIES PROJECT AND MEETS THE       3,958        

CRITERIA SET FORTH IN THE RULES AND IN THE REQUIREMENTS OF         3,959        

DIVISION (B) OF THIS SECTION.                                      3,960        

      Sec. 3379.10.  (A)  Recognizing this state's responsibility  3,969        

to foster culture and the arts and to encourage the development    3,970        

of artists and craftsmen CRAFTSPERSONS, the general assembly       3,971        

declares it a policy of this state that a portion of the money to  3,973        

be spent by state agencies on the construction or renovation of    3,974        

public buildings be spent on the acquisition of works of art to    3,975        

be placed in or on such buildings.  In pursuit of this policy,     3,976        

there is hereby established the per cent for arts program, under   3,977        

which quality works of art are to be sold to such agencies by the  3,978        

Ohio arts council and, in the process, qualified professional      3,979        

artists are to be recognized.                                      3,980        

      (B)  As used in this section:                                3,982        

      (1)  "Appropriation" does not include a reappropriation.     3,984        

      (2)  "Proceeds" does not include the proceeds of bonds,      3,986        

notes, or other obligations issued in anticipation of the          3,987        

issuance of, or to refund, other bonds, notes, or other            3,988        

obligations.                                                       3,989        

      (3)  "Public building" means any building, facility,         3,991        

structure, or park built or renovated using state money,           3,992        

                                                          89     


                                                                 
including any publicly owned lands or space surrounding or         3,993        

integral to the building, facility, structure, or park but not     3,994        

including:                                                         3,995        

      (a)  Parking lots, sidewalks, maintenance sheds, bridges,    3,997        

tunnels, sewers, trails, fishponds and fishways, or warehouses,    3,998        

unless such structures are adjuncts of the principal element of    3,999        

the project;                                                       4,000        

      (b)  Buildings of a temporary nature;                        4,002        

      (c)  Projects to correct any deficiencies or violations of   4,004        

a building or housing code enacted by law;                         4,005        

      (d)  Highway construction.                                   4,007        

      (4)  "Renovation" does not include a project of which the    4,009        

principal purpose is the rehabilitation of plumbing, heating,      4,010        

ventilating, air conditioning, or electrical systems.              4,011        

      (5)  "State agency" has the same meaning as in section 1.60  4,013        

of the Revised Code and includes a state university or college, a  4,014        

community college established under Chapter 3354. of the Revised   4,015        

Code, or a technical college established under Chapter 3357. of    4,016        

the Revised Code.                                                  4,017        

      (6)  "Work of art" includes all forms of original creations  4,019        

of visual art, including, but not limited to:                      4,020        

      (a)  Paintings, including all media and both portable and    4,022        

permanently affixed works of art such as murals;                   4,023        

      (b)  Sculpture, including bas-relief, high relief, mobile,   4,025        

fountain, kinetic, environmental, electronic, and in-the-round     4,026        

sculpture;                                                         4,027        

      (c)  Prints, calligraphy, clay, drawings, stained glass,     4,029        

mosaics, photographs, fiber and textiles, wood, metal, plastics,   4,030        

and other materials or combination of materials;                   4,031        

      (d)  Mixed media, including any combination of forms of      4,033        

media.                                                             4,034        

      (C)  Except as otherwise provided in division (D) of this    4,036        

section, whenever more than four million dollars of state money,   4,037        

whether obtained from the sale of bonds or otherwise, is to be     4,038        

                                                          90     


                                                                 
spent by a state agency on the construction or renovation of a     4,039        

public building, the agency that contracts for the construction    4,040        

or renovation, consistent with division (G) of this section,       4,041        

shall contract with the council to use one per cent of the state   4,042        

money appropriated for the project or, if applicable, one per      4,043        

cent of the nonappropriated state proceeds of bonds, notes, or     4,044        

other obligations authorized to be sold for the project, to        4,045        

purchase works of art from the council for display in or on the    4,046        

public building and to make related outlays under division (E) of  4,047        

this section.  The council, subject to the approval of the         4,048        

director of budget and management, shall fix the prices at which   4,049        

it sells works of art for the project to the state agency          4,050        

contracting for construction or renovation.  The calculation of    4,051        

whether more than four million dollars is to be spent shall not    4,052        

be cumulative but shall be based on the amount of each             4,053        

appropriation or each designation of nonappropriated state         4,054        

proceeds of bonds, notes, or other obligations authorized to be    4,055        

sold for a project.                                                4,056        

      (D)(1)  Notwithstanding division (C) of this section, the    4,058        

director of budget and management, after consulting with the       4,059        

council about the matter, may determine that no state money, or a  4,060        

percentage less than one per cent of the amount specified in that  4,061        

division, shall be spent to purchase works of art from the         4,062        

council and to make related outlays under division (E) of this     4,063        

section if the director of budget and management feels that works  4,064        

of art would be out of place in or on the public building, that    4,065        

there will be little opportunity for public appreciation of works  4,066        

of art in or on the public building, that the value of some        4,067        

features or characteristics inherent in the architectural design   4,068        

of the public building should apply toward the one per cent        4,069        

requirement, or that the public building is or will be amply       4,070        

supplied with works of art even without works of art purchased     4,071        

from the council under division (C) of this section.  The          4,072        

director of budget and management, in accordance with Chapter      4,073        

                                                          91     


                                                                 
119. of the Revised Code, may adopt, and may amend or rescind,     4,074        

rules establishing a procedure whereby state agencies may obtain   4,075        

from the director reconsideration of his determination under this  4,077        

division.  The director shall make all final decisions with        4,078        

regard to whether and to what extent a construction or renovation  4,079        

project is subject to division (C) or (D) of this section.         4,080        

      (2)  NOT LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE      4,082        

DATE OF A SECTION OF AN ACT PROVIDING THAT MORE THAN FOUR MILLION  4,083        

DOLLARS OF STATE MONEY IS TO BE SPENT BY A STATE AGENCY ON THE     4,084        

CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING, THE DIRECTOR OF   4,086        

BUDGET AND MANAGEMENT SHALL PREPARE A PRELIMINARY REPORT LISTING   4,087        

EACH APPROPRIATION AND EACH DESIGNATION OF NONAPPROPRIATED STATE   4,089        

PROCEEDS OF MORE THAN FOUR MILLION DOLLARS FOR THE CONSTRUCTION    4,090        

OR RENOVATION OF A PUBLIC BUILDING, AND INDICATING THE AMOUNT OF   4,093        

THE APPROPRIATION OR DESIGNATION THAT SHALL BE SPENT FOR THE PER   4,095        

CENT FOR ARTS PROGRAM.  THE AMOUNT SPECIFIED TO BE SPENT FOR THE   4,096        

PER CENT FOR ARTS PROGRAM AMOUNT SHALL TAKE INTO ACCOUNT ANY       4,097        

DETERMINATION MADE BY THE DIRECTOR UNDER DIVISION (D)(1) OF THIS   4,098        

SECTION.  THE DIRECTOR SHALL SEND A COPY OF THE PRELIMINARY        4,099        

REPORT TO THE COUNCIL AND TO EACH STATE AGENCY THAT RECEIVED AN    4,100        

APPROPRIATION OR NONAPPROPRIATED STATE PROCEEDS OF MORE THAN FOUR  4,101        

MILLION DOLLARS FOR THE CONSTRUCTION OR RENOVATION OF A PUBLIC     4,102        

BUILDING UNDER THE ACT.                                            4,103        

      (3)  NOT LATER THAN THIRTY DAYS AFTER THE DIRECTOR SENDS     4,105        

THE PRELIMINARY REPORT REQUIRED UNDER DIVISION (D)(2) OF THIS      4,106        

SECTION, A STATE AGENCY MAY DELIVER TO THE DIRECTOR OF BUDGET AND  4,108        

MANAGEMENT A REQUEST FOR THE DIRECTOR TO MAKE A DETERMINATION      4,109        

UNDER DIVISION (D)(1) OF THIS SECTION OR TO RECONSIDER A           4,110        

DETERMINATION MADE UNDER THAT DIVISION.  IF THE DIRECTOR APPROVES  4,111        

THE REQUEST, THE DIRECTOR SHALL REVISE THE PRELIMINARY REPORT      4,112        

CONSISTENT WITH THE APPROVED REQUEST.  NOT LATER THAN FORTY-FIVE   4,113        

DAYS AFTER SENDING A PRELIMINARY REPORT, THE DIRECTOR SHALL SEND   4,114        

A FINAL REPORT TO THE COUNCIL AND TO EACH STATE AGENCY REFERRED    4,115        

TO IN DIVISION (D)(2) OF THIS SECTION.                             4,116        

                                                          92     


                                                                 
      (E)(1)  Where appropriated state money will be used to       4,118        

purchase works of art from the council under division (C) or (D)   4,119        

of this section, the state agency that has contracted to purchase  4,120        

the works of art shall make payment to the council for the works   4,121        

of art and related costs as follows:                               4,122        

      (a)  The state agency shall encumber sufficient money to     4,124        

pay for the purchase and installation of the works of art and      4,125        

shall authorize the council to make payments against those         4,126        

encumbrances for the purchase and installation of the works of     4,127        

art.  The council shall use the encumbered money to acquire and    4,128        

install the works of art.                                          4,129        

      (b)  If the council expects to make expenditures in          4,131        

connection with the selection of artists for a specific project,   4,132        

including expenditures for printing or for jurors, the council     4,133        

shall estimate the amount of such expenditures it expects to make  4,134        

and certify that amount to the state agency and to the director    4,135        

of budget and management.  Upon determining that there is an       4,136        

unobligated balance in an appropriation for the state agency that  4,137        

may be used for the purpose, the director of budget and            4,138        

management shall transfer the amount certified from the            4,139        

appropriation to the per cent for art acquisitions fund, which is  4,140        

hereby created in the state treasury, on an intrastate transfer    4,141        

voucher.  The fund shall be used by the council to pay costs it    4,142        

incurs in connection with the selection of artists for specific    4,143        

projects, including costs for printing and for jurors.             4,144        

      All amounts encumbered or transferred under division         4,146        

(E)(1)(a) or (b) of this section shall be applied toward the       4,147        

percentage requirement of division (C) or (D) of this section.     4,148        

      (2)  Where nonappropriated state proceeds of bonds, notes,   4,150        

or other obligations will be used to purchase works of art from    4,151        

the council under division (C) or (D) of this section, the state   4,152        

agency that has contracted to purchase the works of art shall      4,153        

make payment to the council for the works of art and related       4,154        

costs as follows:                                                  4,155        

                                                          93     


                                                                 
      (a)  The council shall submit to the state agency invoices   4,157        

requesting payment for the purchase and installation of the works  4,158        

of art.                                                            4,159        

      (b)  If the council expects to make expenditures in          4,161        

connection with the selection of artists for a specific project,   4,162        

including expenditures for printing or for jurors, the council     4,163        

shall estimate the amount of such expenditures it expects to make  4,164        

and submit to the state agency invoices requesting payment in      4,165        

that amount.  The state agency shall promptly remit payment to     4,166        

the council in the amounts of all such invoices.  Such             4,167        

remittances shall be deposited in the state treasury to the        4,168        

credit of the per cent for art acquisitions fund.                  4,169        

      All amounts remitted under this division shall be applied    4,171        

toward the percentage requirement of division (C) or (D) of this   4,172        

section.                                                           4,173        

      (F)  The council shall consult with the chief executive      4,175        

officer, or his THE OFFICER'S designee, of either the state        4,176        

agency spending state money on the construction or renovation or   4,178        

the state agency or agencies occupying or to occupy a public       4,179        

building for which the council will supply a work of art, or       4,180        

both, before making decisions about the following:                 4,181        

      (1)  Which works of art will be purchased and on which       4,183        

sites they will be placed;                                         4,184        

      (2)  Which artists, if any, will be commissioned to create   4,186        

a work of art;                                                     4,187        

      (3)  The sale, exchange, and disposition of works of art     4,189        

used in the program.                                               4,190        

      (G)  The council shall make all final decisions in regard    4,192        

to the matters described in divisions (F)(1) to (3) of this        4,193        

section.                                                           4,194        

      (H)  Each state agency that has purchased works of art from  4,196        

the council under division (C) or (D) of this section shall        4,197        

maintain the works of art and pay the costs of maintenance. Money  4,199        

spent by the agency for maintenance of the works of art shall not  4,200        

                                                          94     


                                                                 
be applied toward the percentage requirement of division (C) or    4,201        

(D) of this section.                                                            

      Sec. 4141.13.  In addition to all other duties imposed on    4,210        

the administrator of the bureau of employment services and powers  4,211        

granted by this chapter, the administrator may:                    4,214        

      (A)  Adopt and enforce reasonable rules relative to the      4,216        

exercise of the administrator's powers and authority, and proper   4,218        

rules to govern the administrator's proceedings and to regulate    4,219        

the mode and manner of all investigations and hearings;            4,220        

      (B)  Prescribe the time, place, and manner of making claims  4,222        

for benefits under such sections, the kind and character of        4,223        

notices required thereunder, the procedure for investigating,      4,224        

hearing, and deciding claims, the nature and extent of the proofs  4,225        

and evidence and the method of furnishing and taking such proofs   4,226        

and evidence to establish the right to benefits, and the method    4,227        

and time within which adjudication and awards shall be made;       4,228        

      (C)  Adopt rules with respect to the collection,             4,230        

maintenance, and disbursement of the unemployment and              4,231        

administrative funds;                                              4,232        

      (D)  Amend and modify any of the administrator's rules from  4,234        

time to time in such respects as the administrator finds           4,236        

necessary or desirable;                                            4,237        

      (E)  Employ, subject to Chapter 124. of the Revised Code,    4,239        

secretaries, deputies, accountants, managers of district offices,  4,240        

clerks, stenographers, and other assistants that are required for  4,241        

the administration of this chapter, sections 4101.25 to 4101.30    4,243        

and 4115.03 to 4115.16, and Chapters 4109., 4111., and 4167. of    4,244        

the Revised Code, and determine their salaries and duties;         4,245        

provided that notwithstanding Chapter 124. of the Revised Code,    4,246        

no provisional appointments shall extend for a period of more      4,247        

than six months, except that for the duration of the war           4,248        

emergency such provisional appointments may be extended upon       4,249        

compliance with the personnel standards of the proper agency of    4,250        

the United States relating thereto, and such six months            4,251        

                                                          95     


                                                                 
limitation does not apply to the appointment of employees engaged  4,252        

in the physical maintenance of buildings occupied by the bureau    4,253        

of employment services;                                            4,254        

      (F)  Appoint advisors or advisory employment committees, by  4,256        

local districts or by industries, who shall, without compensation  4,257        

but with reimbursements for necessary expenses, assist the         4,258        

administrator in the execution of the administrator's duties;      4,260        

      (G)  Require all employers, including employers not          4,262        

otherwise subject to this chapter, to furnish to the               4,263        

administrator information concerning the amount of wages paid,     4,265        

the number of employees employed and the regularity of their       4,266        

employment, the number of employees hired, laid off, and                        

discharged from time to time and the reasons therefor and the      4,267        

numbers that quit voluntarily, and other and further information   4,268        

respecting any other facts required for the proper administration  4,269        

of this chapter;                                                   4,270        

      (H)  Classify generally industries, businesses,              4,272        

occupations, and employments, and employers individually, as to    4,273        

the hazard of unemployment in each business, industry,             4,274        

occupation, or employment, and as to the particular hazard of      4,275        

each employer, having special reference to the conditions of       4,276        

regularity and irregularity of the employment provided by such     4,277        

employer and of the fluctuations in payrolls of such employer;     4,278        

      (I)  Determine the contribution rates upon employers         4,280        

subject to this chapter, and provide for the levy and collection   4,282        

of the contributions from such employers;                          4,283        

      (J)  Receive, hear, and decide claims for unemployment       4,285        

benefits, and provide for the payment of such claims as are        4,286        

allowed;                                                           4,287        

      (K)  Promote the regularization of employment and the        4,289        

prevention of unemployment;                                        4,290        

      (L)  Encourage and assist in the adoption of practical       4,292        

methods of vocational training, retraining, and vocational         4,293        

guidance;                                                          4,294        

                                                          96     


                                                                 
      (M)  Investigate, recommend, and advise and assist in the    4,296        

establishment and operation by municipal corporations, counties,   4,297        

school districts, and the state of prosperity reserves of public   4,298        

work to be prosecuted in times of business depression and          4,299        

unemployment;                                                      4,300        

      (N)  Promote the re-employment of unemployed workers         4,302        

throughout the state in any other way that may be feasible, and    4,303        

take all appropriate steps within the administrator's means to     4,305        

reduce and prevent unemployment;                                   4,306        

      (O)  Carry on and publish the results of any investigations  4,308        

and research that the administrator deems relevant;                4,309        

      (P)  Make such reports to the proper agency of the United    4,311        

States created by the "Social Security Act" as that agency         4,312        

requires, and comply with such provisions as the agency finds      4,313        

necessary to assure the correctness and verification of such       4,314        

reports;                                                           4,315        

      (Q)  Make available upon request to any agency of the        4,317        

United States charged with the administration of public works or   4,318        

assistance through public employment the name, address, ordinary   4,319        

occupation, and employment status of each recipient of             4,320        

unemployment benefits under this chapter, and a statement of such  4,321        

recipient's rights to further benefits under this chapter;         4,324        

      (R)  Make such investigations, secure and transmit such      4,326        

information, make available such services and facilities, and      4,327        

exercise such of the other powers provided by this section with    4,328        

respect to the administration of this chapter, as the              4,329        

administrator deems necessary or appropriate to facilitate the     4,332        

administration of the unemployment compensation law or public      4,333        

employment service laws of this state and of other states and the  4,334        

United States, and in like manner accept and utilize information,  4,335        

services, and facilities made available to this state by the       4,336        

agency charged with the administration of any such other           4,337        

unemployment compensation or public employment service laws;       4,338        

      (S)  Enter into or cooperate in arrangements whereby         4,340        

                                                          97     


                                                                 
facilities and services provided under the unemployment            4,341        

compensation law of the Dominion of Canada may be utilized for     4,342        

the taking of claims and the payment of benefits under the         4,343        

unemployment compensation law of this state or under a similar     4,344        

law of the Dominion of Canada;                                     4,345        

      (T)  TRANSFER SURPLUS COMPUTERS AND COMPUTER EQUIPMENT       4,347        

DIRECTLY TO A CHARTERED PUBLIC SCHOOL WITHIN THE STATE,            4,348        

NOTWITHSTANDING SECTIONS 125.12 TO 125.14 OF THE REVISED CODE.     4,349        

THE COMPUTERS AND COMPUTER EQUIPMENT MAY BE REPAIRED OR                         

REFURBISHED PRIOR TO THE TRANSFER, AND THE PUBLIC SCHOOL MAY BE    4,350        

CHARGED A SERVICE FEE NOT TO EXCEED THE DIRECT COST OF REPAIR OR   4,351        

REFURBISHING.                                                                   

      Sec. 5119.16.  The department of mental health is hereby     4,360        

designated to provide certain goods and services for the           4,361        

department of mental health, the department of mental retardation  4,362        

and developmental disabilities, the department of rehabilitation   4,363        

and correction, the department of youth services, and other        4,364        

state, county, or municipal agencies requesting such goods and     4,365        

services when the department of mental health determines that it   4,366        

is in the public interest, and considers it advisable, to provide  4,367        

these goods and services.  The department of mental health also    4,368        

may provide goods and services to agencies operated by the United  4,369        

States government and to public or private nonprofit agencies      4,370        

funded in whole or in part by the state if the public or private   4,371        

nonprofit agencies are designated for participation in this        4,372        

program by the director of mental health for community mental      4,373        

health agencies, the director of mental retardation and            4,374        

developmental disabilities for community mental retardation and    4,375        

developmental disabilities agencies, the director of               4,376        

rehabilitation and correction for community rehabilitation and     4,377        

correction agencies, or the director of youth services for         4,378        

community youth services agencies.  The director of aging may      4,379        

designate for participation community agencies holding a contract  4,380        

with an area agency on aging established under the "Older          4,381        

                                                          98     


                                                                 
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended.        4,382        

Designated community agencies shall receive goods and services     4,383        

through the department of mental health only in those cases where  4,384        

the designating state agency certifies that providing such goods   4,385        

and services to the agency will conserve public resources to the   4,386        

benefit of the public and where the provision of such goods and    4,387        

services is considered feasible by the department of mental        4,388        

health.                                                            4,389        

      Purchases of goods or services under this section are not    4,391        

subject to section 307.86 of the Revised Code.                     4,392        

      (A)  The goods and services to be provided by the            4,394        

department of mental health may include:                           4,395        

      (1)  Procurement, storage, processing, and distribution of   4,397        

food and professional consultation on food operations;             4,398        

      (2)  Procurement, storage, and distribution of medical and   4,400        

laboratory supplies, dental supplies, medical records, forms,      4,401        

optical supplies, and sundries, SUBJECT TO SECTION 5120.135 OF     4,403        

THE REVISED CODE;                                                               

      (3)  Performance of medical laboratory analysis and          4,405        

professional laboratory and pathologist consultation;              4,406        

      (4)  Procurement, storage, repackaging, distribution, and    4,408        

dispensing of drugs, the provision of professional pharmacy        4,409        

consultation, and drug information services;                       4,410        

      (5)  Operation or leasing of farms and woodland, and         4,412        

distribution or sale of products thereof;                          4,413        

      (6)  Operation of regional laundries and dry cleaning        4,415        

plants, and procurement, storage, and distribution of linens;      4,416        

      (7)(4)  Other goods and services as may be agreed to.        4,418        

      (B)  The department of mental health shall provide the       4,420        

goods and services designated in division (A) of this section to   4,421        

its institutions and to state-operated community-based mental      4,422        

health services.                                                   4,423        

      (C)  After consultation with and advice from the director    4,425        

of mental retardation and developmental disabilities, the          4,426        

                                                          99     


                                                                 
director of rehabilitation and correction, and the director of     4,427        

youth services, the department of mental health shall provide the  4,428        

goods and services designated in division (A) of this section to   4,429        

the department of mental retardation and developmental             4,430        

disabilities, the department of rehabilitation and correction,     4,431        

and the department of youth services.                              4,432        

      (D)  The cost of administration of this section shall be     4,434        

determined by the department of mental health and paid by the      4,435        

agencies receiving the goods and services to the department for    4,436        

deposit in the state treasury to the credit of the mental health   4,437        

fund, which is hereby created.  The fund shall be used to pay the  4,438        

cost of administration of this section to the department.          4,439        

      (E)  If the goods or services designated in division (A) of  4,441        

this section are not provided in a satisfactory manner by the      4,442        

department of mental health, the director of mental retardation    4,443        

and developmental disabilities, the director of rehabilitation     4,444        

and correction, the director of youth services, or the managing    4,445        

officer of a department of mental health institution shall         4,446        

attempt to resolve unsatisfactory service with the director of     4,447        

mental health.  If, after such attempt, the provision of goods or  4,448        

services continues to be unsatisfactory, the director or officer   4,449        

shall notify the director of mental health.  If within thirty      4,450        

days of such notice the department of mental health does not       4,451        

provide the specified goods and services in a satisfactory         4,452        

manner, the director of mental retardation and developmental       4,453        

disabilities, the director of rehabilitation and correction, the   4,454        

director of youth services, or the managing officer of the         4,455        

department of mental health institution shall notify the director  4,456        

of mental health of his THE DIRECTOR'S OR MANAGING OFFICER'S       4,457        

intent to cease purchasing goods and services from the             4,459        

department.  Following a sixty-day cancellation period from the    4,460        

date of such notice, the department of mental retardation,         4,462        

department of rehabilitation and correction, department of youth   4,463        

services, or the department of mental health institution may       4,464        

                                                          100    


                                                                 
obtain the goods and services from a source other than the         4,465        

department of mental health, if the department certifies to the    4,466        

department of administrative services that the requirements of     4,467        

this division have been met.                                                    

      (F)  Whenever a state agency fails to make a payment for     4,469        

goods and services provided under this section within thirty-one   4,470        

days after the date the payment was due, the office of budget and  4,471        

management may transfer moneys from the state agency to the        4,472        

department of mental health.  The amount transferred shall not     4,473        

exceed the amount of overdue payments.  Prior to making a          4,474        

transfer under this division, the office of budget and management  4,475        

shall apply any credits the state agency has accumulated in        4,476        

payments for goods and services provided under this section.       4,477        

      Sec. 5120.135.  (A)  AS USED IN THIS SECTION, "LABORATORY    4,480        

SERVICES" INCLUDES THE PERFORMANCE OF MEDICAL LABORATORY           4,481        

ANALYSIS; PROFESSIONAL LABORATORY AND PATHOLOGIST CONSULTATION;    4,482        

THE PROCUREMENT, STORAGE, AND DISTRIBUTION OF LABORATORY           4,483        

SUPPLIES; AND THE PERFORMANCE OF PHLEBOTOMY SERVICES.              4,484        

      (B)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   4,487        

PROVIDE LABORATORY SERVICES TO THE DEPARTMENTS OF MENTAL HEALTH,   4,488        

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH           4,489        

SERVICES, AND REHABILITATION AND CORRECTION.  THE DEPARTMENT OF    4,490        

REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY          4,491        

SERVICES TO OTHER STATE, COUNTY, OR MUNICIPAL AGENCIES AND TO      4,492        

PRIVATE PERSONS THAT REQUEST LABORATORY SERVICES IF THE            4,493        

DEPARTMENT OF REHABILITATION AND CORRECTION DETERMINES THAT THE    4,494        

PROVISION OF LABORATORY SERVICES IS IN THE PUBLIC INTEREST AND     4,495        

CONSIDERS IT ADVISABLE TO PROVIDE SUCH SERVICES.  THE DEPARTMENT   4,496        

OF REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY       4,497        

SERVICES TO AGENCIES OPERATED BY THE UNITED STATES GOVERNMENT AND  4,499        

TO PUBLIC AND PRIVATE ENTITIES FUNDED IN WHOLE OR IN PART BY THE   4,500        

STATE IF THE DIRECTOR OF REHABILITATION AND CORRECTION DESIGNATES  4,501        

THEM AS ELIGIBLE TO RECEIVE SUCH SERVICES.                         4,502        

      THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL        4,504        

                                                          101    


                                                                 
PROVIDE LABORATORY SERVICES FROM A LABORATORY THAT COMPLIES WITH   4,505        

THE STANDARDS FOR CERTIFICATION SET BY THE UNITED STATES           4,508        

DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE "CLINICAL        4,511        

LABORATORY IMPROVEMENT AMENDMENTS OF 1988," 102 STAT. 293, 42      4,515        

U.S.C.A. 263a.  IN ADDITION, THE LABORATORY SHALL MAINTAIN         4,517        

ACCREDITATION OR CERTIFICATION WITH AN APPROPRIATE ACCREDITING OR  4,518        

CERTIFYING ORGANIZATION AS CONSIDERED NECESSARY BY THE RECIPIENTS  4,519        

OF ITS LABORATORY SERVICES AND AS AUTHORIZED BY THE DIRECTOR OF    4,520        

REHABILITATION AND CORRECTION.                                     4,521        

      (C)  THE COST OF ADMINISTERING THIS SECTION SHALL BE         4,524        

DETERMINED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION AND  4,525        

SHALL BE PAID BY ENTITIES THAT RECEIVE LABORATORY SERVICES TO THE  4,526        

DEPARTMENT FOR DEPOSIT IN THE STATE TREASURY TO THE CREDIT OF THE  4,528        

LABORATORY SERVICES FUND, WHICH IS HEREBY CREATED.  THE FUND       4,529        

SHALL BE USED TO PAY THE COSTS THE DEPARTMENT INCURS IN            4,530        

ADMINISTERING THIS SECTION.                                        4,531        

      (D)  IF THE DEPARTMENT OF REHABILITATION AND CORRECTION      4,534        

DOES NOT PROVIDE LABORATORY SERVICES UNDER THIS SECTION IN A       4,535        

SATISFACTORY MANNER TO THE DEPARTMENT OF MENTAL RETARDATION AND    4,536        

DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH, THE  4,537        

DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,     4,538        

YOUTH SERVICES, OR MENTAL HEALTH SHALL ATTEMPT TO RESOLVE THE      4,539        

MATTER OF THE UNSATISFACTORY PROVISION OF SERVICES WITH THE        4,540        

DIRECTOR OF REHABILITATION AND CORRECTION.  IF, AFTER THIS         4,541        

ATTEMPT, THE PROVISION OF LABORATORY SERVICES CONTINUES TO BE      4,542        

UNSATISFACTORY, THE DIRECTOR OF MENTAL RETARDATION AND             4,543        

DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH       4,544        

SHALL NOTIFY THE DIRECTOR OF REHABILITATION AND CORRECTION         4,545        

REGARDING THE CONTINUED UNSATISFACTORY PROVISION OF LABORATORY     4,546        

SERVICES.  IF, WITHIN THIRTY DAYS AFTER THE DIRECTOR RECEIVES                   

THIS NOTICE, THE DEPARTMENT OF REHABILITATION AND CORRECTION DOES  4,548        

NOT PROVIDE THE SPECIFIED LABORATORY SERVICES IN A SATISFACTORY    4,549        

MANNER, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL       4,550        

DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL NOTIFY THE    4,551        

                                                          102    


                                                                 
DIRECTOR OF REHABILITATION AND CORRECTION OF THE NOTIFYING         4,552        

DIRECTOR'S INTENT TO CEASE OBTAINING LABORATORY SERVICES FROM THE  4,553        

DEPARTMENT OF REHABILITATION AND CORRECTION.  FOLLOWING THE END    4,554        

OF A CANCELLATION PERIOD OF SIXTY DAYS THAT BEGINS ON THE DATE OF  4,555        

THE NOTICE, THE DEPARTMENT THAT SENT THE NOTICE MAY OBTAIN                      

LABORATORY SERVICES FROM A PROVIDER OTHER THAN THE DEPARTMENT OF   4,557        

REHABILITATION AND CORRECTION, IF THE DEPARTMENT THAT SENT THE     4,558        

NOTICE CERTIFIES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES      4,559        

THAT THE REQUIREMENTS OF THIS DIVISION HAVE BEEN MET.              4,560        

      (E)  WHENEVER A STATE AGENCY FAILS TO MAKE A PAYMENT FOR     4,563        

LABORATORY SERVICES PROVIDED TO IT BY THE DEPARTMENT OF            4,564        

REHABILITATION AND CORRECTION UNDER THIS SECTION WITHIN            4,565        

THIRTY-ONE DAYS AFTER THE DATE THE PAYMENT WAS DUE, THE OFFICE OF  4,566        

BUDGET AND MANAGEMENT MAY TRANSFER MONEYS FROM THAT STATE AGENCY   4,567        

TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR DEPOSIT TO  4,568        

THE CREDIT OF THE LABORATORY SERVICES FUND.  THE AMOUNT            4,569        

TRANSFERRED SHALL NOT EXCEED THE AMOUNT OF THE OVERDUE PAYMENTS.   4,570        

PRIOR TO MAKING A TRANSFER UNDER THIS DIVISION, THE OFFICE SHALL   4,571        

APPLY ANY CREDITS THE STATE AGENCY HAS ACCUMULATED IN PAYMENT FOR  4,572        

LABORATORY SERVICES PROVIDED UNDER THIS SECTION.                   4,573        

      Sec. 5739.024.  (A)(1)  A board of county commissioners may  4,582        

by resolution adopted by a majority of the members of the board,   4,583        

levy an excise tax not to exceed three per cent on transactions    4,584        

by which lodging by a hotel is or is to be furnished to transient  4,585        

guests.  The board shall establish all regulations necessary to    4,586        

provide for the administration and allocation of the tax.  Except  4,588        

as otherwise provided in division DIVISIONS (A)(2) AND (3) of      4,589        

this section, the regulations shall provide, after deducting the   4,591        

real and actual costs of administering the tax, for the return to  4,592        

each municipal corporation or township that does not levy an       4,593        

excise tax on such transactions, a uniform percentage of the tax   4,594        

collected in the municipal corporation or in the unincorporated    4,595        

portion of the township from each such transaction, not to exceed  4,596        

thirty-three and one-third per cent.  The remainder of the         4,597        

                                                          103    


                                                                 
revenue arising from the tax shall be deposited in a separate      4,598        

fund and shall be spent solely to make contributions to the        4,599        

convention and visitors' bureau operating within the county,       4,600        

including a pledge and contribution of any portion of such         4,601        

remainder pursuant to an agreement authorized by section 307.695   4,602        

of the Revised Code.  Except as otherwise provided under division  4,603        

(A)(2) OR (3) of this section, on and after May 10, 1994, a board  4,605        

of county commissioners may not levy an excise tax pursuant to     4,606        

this division in any municipal corporation or township located     4,607        

wholly or partly within the county that has in effect an           4,608        

ordinance or resolution levying an excise tax pursuant to          4,609        

division (B) of this section.  The board of a county that has      4,610        

levied a tax under division (C) of this section may, by            4,611        

resolution adopted within ninety days after July 15, 1985, by a    4,612        

majority of the members of the board, amend the resolution         4,613        

levying a tax under this division to provide for a portion of      4,614        

that tax to be pledged and contributed in accordance with an       4,615        

agreement entered under section 307.695 of the Revised Code.  A    4,616        

tax, any revenue from which is pledged pursuant to such an         4,617        

agreement, shall remain in effect at the rate at which it is       4,618        

imposed for the duration of the period for which the revenue       4,619        

therefrom has been so pledged.                                                  

      (2)  A board of county commissioners that levies an excise   4,621        

tax under division (A)(1) of this section on the effective date    4,622        

of this amendment JUNE 30, 1997, at a rate of three per cent, and  4,624        

that has pledged revenue from the tax to an agreement entered      4,625        

into under section 307.695 of the Revised Code, may amend the      4,626        

resolution levying that tax to provide for an increase in the      4,627        

rate of the tax up to five per cent on each transaction; to        4,628        

provide that revenue from the increase in the rate shall be spent  4,629        

solely to make contributions to the convention and visitors'                    

bureau operating within the county to be used specifically for     4,630        

promotion, advertising, and marketing of the region in which the   4,631        

county is located; to provide that the rate in excess of the       4,632        

                                                          104    


                                                                 
three per cent levied under division (A)(1) of this section shall  4,633        

remain in effect at the rate at which it is imposed for the        4,634        

duration of the period during which any agreement is in effect     4,635        

that was entered into under section 307.695 of the Revised Code                 

by the board of county commissioners levying a tax under division  4,636        

(A)(1) of this section; and to provide that no portion of that     4,637        

revenue need be returned to townships or municipal corporations    4,638        

as would otherwise be required under division (A)(1) of this       4,639        

section.                                                                        

      (3)  A BOARD OF COUNTY COMMISSIONERS THAT LEVIES A TAX       4,641        

UNDER DIVISION (A)(1) OF THIS SECTION ON THE EFFECTIVE DATE OF     4,642        

THIS AMENDMENT AT A RATE OF THREE PER CENT MAY, BY RESOLUTION      4,643        

ADOPTED NOT LATER THAN FORTY-FIVE DAYS AFTER THAT EFFECTIVE DATE,  4,644        

AMEND THE RESOLUTION LEVYING THE TAX TO PROVIDE FOR ALL OF THE     4,645        

FOLLOWING:                                                                      

      (a)  THAT THE RATE OF THE TAX SHALL BE INCREASED BY NOT      4,647        

MORE THAN AN ADDITIONAL FOUR PER CENT ON EACH TRANSACTION;         4,648        

      (b)  THAT ALL OF THE REVENUE FROM THE INCREASE IN RATE       4,650        

SHALL BE PLEDGED AND CONTRIBUTED TO A CONVENTION FACILITIES        4,651        

AUTHORITY ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS UNDER   4,652        

CHAPTER 351. OF THE REVISED CODE ON OR BEFORE NOVEMBER 15, 1998,   4,653        

AND USED TO PAY COSTS OF CONSTRUCTING, MAINTAINING, OPERATING,     4,655        

AND PROMOTING A FACILITY IN THE COUNTY, INCLUDING PAYING BONDS,    4,656        

OR NOTES ISSUED IN ANTICIPATION OF BONDS, AS PROVIDED BY THAT                   

CHAPTER;                                                           4,657        

      (c)  THAT NO PORTION OF THE REVENUE ARISING FROM THE         4,659        

INCREASE IN RATE NEED BE RETURNED TO MUNICIPAL CORPORATIONS OR     4,660        

TOWNSHIPS AS OTHERWISE REQUIRED UNDER DIVISION (A)(1) OF THIS      4,661        

SECTION;                                                                        

      (d)  THAT THE INCREASE IN RATE SHALL NOT BE SUBJECT TO       4,663        

DIMINUTION BY INITIATIVE OR REFERENDUM OR BY LAW WHILE ANY BONDS,  4,664        

OR NOTES IN ANTICIPATION OF BONDS, ISSUED BY THE AUTHORITY UNDER   4,665        

CHAPTER 351. OF THE REVISED CODE TO WHICH THE REVENUE IS PLEDGED   4,666        

REMAIN OUTSTANDING IN ACCORDANCE WITH THEIR TERMS, UNLESS          4,667        

                                                          105    


                                                                 
PROVISION IS MADE BY LAW OR BY THE BOARD OF COUNTY COMMISSIONERS   4,668        

FOR AN ADEQUATE SUBSTITUTE THEREFOR THAT IS SATISFACTORY TO THE    4,669        

TRUSTEE IF A TRUST AGREEMENT SECURES THE BONDS.                                 

      DIVISION (A)(3) OF THIS SECTION DOES NOT APPLY TO THE BOARD  4,672        

OF COUNTY COMMISSIONERS OF ANY COUNTY IN WHICH A CONVENTION        4,673        

CENTER OR FACILITY EXISTS OR IS BEING CONSTRUCTED ON NOVEMBER 15,  4,675        

1998, OR OF ANY COUNTY IN WHICH A CONVENTION FACILITIES AUTHORITY  4,676        

LEVIES A TAX PURSUANT TO SECTION 351.021 OF THE REVISED CODE ON    4,677        

THAT DATE.                                                                      

      AS USED IN DIVISION (A)(3) OF THIS SECTION, "COSTS" AND      4,679        

"FACILITY" HAVE THE SAME MEANINGS AS IN SECTION 351.01 OF THE      4,680        

REVISED CODE, AND "CONVENTION CENTER" HAS THE SAME MEANING AS IN   4,681        

SECTION 307.695 OF THE REVISED CODE.                               4,682        

      (B)  The legislative authority of a municipal corporation    4,684        

or the board of trustees of a township that is not wholly or       4,685        

partly located in a county that has in effect a resolution         4,686        

levying an excise tax pursuant to division (A)(1) of this section  4,687        

may by ordinance or resolution levy an excise tax not to exceed    4,688        

three per cent on transactions by which lodging by a hotel is or   4,689        

is to be furnished to transient guests.  The legislative           4,690        

authority of the municipal corporation or township shall deposit   4,691        

at least fifty per cent of the revenue from the tax levied         4,692        

pursuant to this division into a separate fund, which shall be     4,693        

spent solely to make contributions to convention and visitors'     4,694        

bureaus operating within the county in which the municipal         4,695        

corporation or township is wholly or partly located, and the       4,696        

balance of such revenue shall be deposited in the general fund.    4,697        

The municipal corporation or township shall establish all          4,698        

regulations necessary to provide for the administration and        4,699        

allocation of the tax.  The levy of a tax under this division is   4,700        

in addition to any tax imposed on the same transaction by a        4,701        

municipal corporation or a township as authorized by division      4,702        

(C)(1) of section 5739.02 of the Revised Code.                     4,703        

      (C)  For the purpose of making the payments authorized by    4,705        

                                                          106    


                                                                 
section 307.695 of the Revised Code to construct and equip a       4,706        

convention center in the county and to cover the costs of          4,707        

administering the tax, a board of county commissioners of a        4,708        

county where a tax imposed under division (A)(1) of this section   4,709        

is in effect may, by resolution adopted within ninety days after   4,710        

July 15, 1985, by a majority of the members of the board, levy an  4,712        

additional excise tax not to exceed three per cent on              4,713        

transactions by which lodging by a hotel is or is to be furnished  4,714        

to transient guests.  The tax authorized by this division shall    4,715        

be in addition to any tax that is levied pursuant to division (A)  4,716        

of this section, but it shall not apply to transactions subject    4,717        

to a tax levied by a municipal corporation or township pursuant    4,718        

to the authorization granted by division (C)(1) of section         4,719        

5739.02 of the Revised Code.  The board shall establish all        4,720        

regulations necessary to provide for the administration and        4,721        

allocation of the tax.  All revenues arising from the tax shall    4,722        

be expended in accordance with section 307.695 of the Revised      4,723        

Code.  A tax imposed under this section shall remain in effect at  4,724        

the rate at which it is imposed for the duration of the period     4,725        

for which the revenue therefrom has been pledged pursuant to such  4,726        

section.                                                                        

      (D)  For the purpose of providing contributions under        4,728        

division (B)(1) of section 307.671 of the Revised Code to enable   4,729        

the acquisition, construction, and equipping of a port authority   4,730        

educational and cultural facility in the county and, to the        4,731        

extent provided for in the cooperative agreement authorized by     4,732        

that section, for the purpose of paying debt service charges on    4,733        

bonds, or notes in anticipation thereof, described in division     4,734        

(B)(1)(b) of that section, a board of county commissioners, by     4,735        

resolution adopted within ninety days after December 22, 1992, by  4,737        

a majority of the members of the board, may levy an additional     4,738        

excise tax not to exceed one and one-half per cent on              4,739        

transactions by which lodging by a hotel is or is to be furnished  4,740        

to transient guests.  The excise tax authorized by this division   4,741        

                                                          107    


                                                                 
shall be in addition to any tax that is levied pursuant to         4,742        

divisions (A), (B), and (C) of this section, to any excise tax                  

levied pursuant to division (C) of section 5739.02 of the Revised  4,743        

Code, and to any excise tax levied pursuant to section 351.021 of  4,744        

the Revised Code.  The board of county commissioners shall         4,745        

establish all regulations necessary to provide for the             4,746        

administration and allocation of the tax that are not              4,747        

inconsistent with this section or section 307.671 of the Revised   4,748        

Code.  All revenues arising from the tax shall be expended in      4,749        

accordance with section 307.671 of the Revised Code and division   4,750        

(D) of this section.  The levy of a tax imposed under this         4,751        

section may not commence prior to the first day of the month next  4,752        

following the execution of the cooperative agreement authorized    4,753        

by section 307.671 of the Revised Code by all parties to that      4,754        

agreement.  Such tax shall remain in effect at the rate at which   4,755        

it is imposed for the period of time described in division (C) of  4,756        

section 307.671 of the Revised Code for which the revenue from     4,757        

the tax has been pledged by the county to the corporation          4,758        

pursuant to such section, but, to any extent provided for in the   4,759        

cooperative agreement, for no lesser period than the period of     4,760        

time required for payment of the debt service charges on bonds,    4,761        

or notes in anticipation thereof, described in division (B)(1)(b)  4,762        

of that section.                                                   4,763        

      (E)  For the purpose of paying the costs of acquiring,       4,765        

constructing, equipping, and improving a municipal educational     4,766        

and cultural facility, including debt service charges on bonds     4,767        

provided for in division (B) of section 307.672 of the Revised     4,768        

Code, and for such additional purposes as are determined by the    4,769        

county in the resolution levying the tax or amendments thereto,    4,770        

the legislative authority of a county, by resolution adopted       4,771        

within ninety days after June 30, 1993, by a majority of the       4,772        

members of the legislative authority, may levy an additional       4,773        

excise tax not to exceed one and one-half per cent on              4,774        

transactions by which lodging by a hotel is or is to be furnished  4,775        

                                                          108    


                                                                 
to transient guests.  The excise tax authorized by this division   4,776        

shall be in addition to any tax that is levied pursuant to         4,777        

divisions (A), (B), (C), and (D) of this section, to any excise    4,778        

tax levied pursuant to division (C) of section 5739.02 of the      4,779        

Revised Code, and to any excise tax levied pursuant to section     4,780        

351.021 of the Revised Code.  The legislative authority of the     4,781        

county shall establish all regulations necessary to provide for    4,782        

the administration and allocation of the tax.  All revenues        4,783        

arising from the tax shall be expended in accordance with section  4,784        

307.672 of the Revised Code and division (E) of this section.      4,785        

The levy of a tax imposed under this division shall not commence   4,786        

prior to the first day of the month next following the execution   4,787        

of the cooperative agreement authorized by section 307.672 of the  4,788        

Revised Code by all parties to that agreement. Such tax shall      4,789        

remain in effect at the rate at which it is imposed for the        4,790        

period of time determined by the legislative authority of the      4,791        

county, but not to exceed fifteen years.                                        

      Section 2.  That existing sections 111.15, 119.01, 123.15,   4,794        

125.023, 125.101, 125.22, 125.81, 126.03, 127.14, 127.16, 133.04,  4,795        

133.06, 153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 153.09,    4,796        

153.10, 153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 153.50,    4,797        

153.571, 153.62, 351.01, 351.03, 351.141, 3301.0716, 3304.16,      4,798        

3315.01, 3316.03, 3317.0212, 3317.03, 3318.03, 3318.04, 3318.12,   4,799        

3318.15, 3318.25, 3345.50, 3379.10, 4141.13, 5119.16, and          4,800        

5739.024 and section 3345.51 of the Revised Code are hereby        4,801        

repealed.                                                          4,802        

      Section 3.  All items set forth in Sections 3.01 to 3.06 of  4,804        

this act are hereby appropriated out of any moneys in the General  4,805        

Revenue Fund (GRF) that are not otherwise appropriated.            4,806        

                                                   Appropriations  4,808        

      Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES     4,810        

CAP-785  Rural Areas Historical Projects        $      440,000     4,813        

CAP-786  Rural Areas Community Improvements     $    5,315,000     4,815        

CAP-817  Urban Areas Community Improvements     $   12,508,150     4,817        

                                                          109    


                                                                 
CAP-818  Community Theatre Renovations          $      400,000     4,819        

Total Department of Administrative Services     $   18,663,150     4,821        

      Rural Areas Historical Projects                              4,824        

      Of the foregoing appropriation item CAP-785, Rural Areas     4,826        

Historical Projects, $100,000 shall be used for Hancock County     4,827        

Historical Society Facility Improvements; $40,000 shall be used    4,828        

for Harveysburg Community Historic Society; $50,000 shall be used  4,830        

for Wood County Historical Museum - Old Public Hospital                         

Restoration; $200,000 shall be used for James A. Garfield          4,831        

Historic Site Improvements; and $50,000 shall be used for Elmore   4,832        

Historical Society.                                                4,833        

      Rural Areas Community Improvements                           4,835        

      Of the foregoing appropriation item CAP-786, Rural Areas     4,837        

Community Improvements, $100,000 shall be used for Hocking Valley  4,839        

Railroad Improvements; $50,000 shall be used for Belmont County    4,840        

Park District - Convention Center; $70,000 shall be used for       4,841        

Aberdeen Huntington Community Center; $100,000 shall be used for   4,842        

Chrisholm Historic Farmstead Restoration; $100,000 shall be used   4,843        

for Clinton County Senior Center; $150,000 shall be used for       4,844        

Coshocton Infrastructure Improvements; $200,000 shall be used for  4,845        

Coshocton Visitors' and Convention Bureau; $20,000 shall be used   4,846        

for Warsaw Community Improvements; $100,000 shall be used for      4,847        

Washington Court House Downtown Redevelopment; $80,000 shall be    4,848        

used for Gallia County Industrial Park Improvements; $150,000      4,849        

shall be used for Desmond Hall Industrial Park; $100,000 shall be  4,850        

used for Kenton Armory Improvements; $162,000 shall be used for    4,851        

Sinking Springs Infrastructure Improvements; $20,000 shall be      4,852        

used for Laurelville Community Improvements; $16,000 shall be      4,853        

used for Gibisonville Community Recreation Center Improvements;    4,854        

$150,000 shall be used for Holmes County Historic Building         4,855        

Improvements; $500,000 shall be used for Davis-Shai House          4,856        

Historical Site; $100,000 shall be used for Maritime Museum in     4,857        

Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom   4,858        

Restoration; $90,000 shall be used for Big Island Nature Center    4,859        

                                                          110    


                                                                 
Improvements; $300,000 shall be used for Medina County Arts        4,860        

Center Improvements; $142,000 shall be used for Graysville         4,861        

Community Center; $49,000 shall be used for Roseville Community    4,862        

Center Improvements; $100,000 shall be used for South Zanesville   4,863        

Community Improvements; $20,000 shall be used for Corning          4,864        

Community Center; $50,000 shall be used for Waverly Community      4,865        

Improvements; $20,000 shall be used for Garrettsville Veterans     4,866        

Memorial; $6,000 shall be used for Palmyra Township Veterans       4,867        

Memorial; $100,000 shall be used for Deerfield Township Hall       4,868        

Civic Improvements; $35,000 shall be used for Preble County        4,869        

Coliseum Planning; $300,000 shall be used for Richland Academy of  4,871        

Arts and Sciences Discovery Center; $50,000 shall be used for      4,872        

Village of Pleasant Plain Community Improvements; $48,000 shall    4,873        

be used for Village of South Lebanon Infrastructure Improvements;  4,875        

$41,000 shall be used for Rehabilitate Senior Housing -            4,876        

Waynesville; $40,000 shall be used for Ambrose Hall Museum -       4,877        

Belpre; $100,000 shall be used for New Matamoras Senior Center;    4,878        

$25,000 shall be used for West Salem Town Hall Improvements;       4,879        

$40,000 shall be used for Pemberville Opera House Restoration;     4,880        

$40,000 shall be used for Grand Rapids Village Hall Restoration;   4,881        

$500,000 shall be used for Liberty Commons Infrastructure Project  4,882        

- Lima; $50,000 shall be used for Village of Morrow                4,883        

Infrastructure Improvements; $100,000 shall be used for Fairfield  4,884        

City Cultural Center; $63,000 shall be used for Sunbury Town       4,885        

Hall; $50,000 shall be used for Nelsonville Fountain; $50,000                   

shall be used for Southern Ohio Port Authority; $100,000 shall be  4,886        

used for Ft. Steuben Land Office; $100,000 shall be used for       4,887        

Columbiana County Port Authority; $25,000 shall be used for Noble  4,888        

County Senior Center; $25,000 shall be used for Crawford County    4,889        

Council on Aging; $14,000 shall be used for Bethel-Tate Fire       4,890        

Department Fire Safety Trailer; $74,000 shall be used for the                   

John P. Parker Historic Site Restoration; and $300,000 shall be    4,891        

used for Zahn's Corner Industrial Park.                            4,893        

      Urban Areas Community Improvements                           4,895        

                                                          111    


                                                                 
      Of the foregoing appropriation item CAP-817, Urban Areas     4,897        

Community Improvements, $200,000 shall be used for Clermont        4,898        

County Communications Center; $50,000 shall be used for The Civic  4,900        

Restoration; $50,000 shall be used for Brown Senior Center                      

Renovations; $50,000 shall be used for Loveland Velodome           4,901        

Planning; $25,000 shall be used for Friendly Center Renovations;   4,902        

$5,000 shall be used for Toledo Golden Gloves - Equipment;         4,903        

$50,000 shall be used for Sylvania Historical Society Building     4,904        

Improvements; $50,000 shall be used for Toledo International       4,905        

Youth Hostel Renovations; $100,000 shall be used for Fellows       4,906        

Gardens - Mill Creek Park Improvements; $100,000 shall be used     4,907        

for Weathervane Playhouse Addition; $100,000 shall be used for     4,908        

Akron/Summit Community Action Agency Facility Improvements;        4,909        

$136,000 shall be used for Akron Community Health Resources Inc.   4,910        

Facility Improvements; $75,000 shall be used for Farmington        4,911        

Senior Center Improvements; $85,000 shall be used  for President   4,912        

McKinley Home Site improvements; $187,150 shall be used for        4,913        

Shaker Historical Museum; $400,000 shall be used for Solon         4,914        

Community Arts Center; $25,000 shall be used for Orange Senior     4,915        

Center; $75,000 shall be used for Cincinnati Jewish Community      4,917        

Center; $1,000,000 shall be used for Lincoln Heights Health        4,918        

Center Improvements; $500,000 shall be used for Cook's Castle      4,919        

Renovation; $40,000 shall be used for Toledo Jewish Community      4,920        

Center; $100,000 shall be used for Youngstown Jewish Community     4,921        

Center; $1,500,000 shall be used for Youngstown Parking Facility;  4,922        

$150,000 shall be used for Canton Jewish Community Center;         4,923        

$2,000,000 shall be used for Wilderness Center Facility            4,924        

Improvements; $100,000 shall be used for Project AHEAD Facility    4,925        

Improvements; $50,000 shall be used for Sagamore Hills Historical  4,926        

Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and  4,927        

Gardens; $250,000 shall be used for NEC World Series of Golf       4,928        

Media Facility; $50,000 shall be used for Richfield Historic       4,929        

District Improvements; $100,000 shall be used for Ohio Erie        4,930        

Heritage Corridor Improvements; $150,000 shall be used for Hale    4,931        

                                                          112    


                                                                 
Farm Improvements; $1,750,000 shall be used for Wood County        4,932        

Historic Building Renovation; $500,000 shall be used for           4,933        

Miamisburg Mound Development; $100,000 shall be used for                        

Springfield Township Hall; $50,000 shall be used for City of       4,934        

University Heights Community Senior Center; $75,000 shall be used  4,935        

for the J. Frank-Troy Senior Citizens Center; $50,000 shall be     4,936        

used for the Cleveland Health Museum; $50,000 shall be used for    4,937        

the City of Euclid Land Purchase; $25,000 shall be used for the                 

Mahoning River Corridor of Opportunity Industrial Park; $25,000    4,938        

shall be used for University Heights Senior Citizen Center Public  4,939        

Library; $50,000 shall be used for Columbus Fire Museum; $50,000   4,940        

shall be used for League Park Tourist Museum; $100,000 shall be    4,941        

used for Mustill Store Exhibits in Cascade Valley Park; and        4,942        

$30,000 shall be used for Warren Airport Runway Improvements.      4,943        

      Of the foregoing appropriation item CAP-817, Urban Areas     4,945        

Community Improvements, $300,000 shall be used for Columbus        4,946        

Family and Child Guidance Centers; $360,000 shall be used for      4,947        

Central Community House; $180,000 shall be used for St. John       4,948        

Center; and $60,000 shall be used for Wesley Community                          

Development Corporation.                                           4,949        

       Community Theatre Renovations                               4,950        

      Of the foregoing appropriation item CAP-818, Community       4,952        

Theatre Renovations, $100,000 shall be used for Cleveland Public   4,953        

Theatre Improvements - Gordon Square; $125,000 shall be used for   4,954        

Ariel Theatre Renovation; $125,000 shall be used for Markay        4,955        

Theatre Renovations; and $50,000 shall be used for Lorain Palace   4,956        

Theatre Improvements.                                              4,957        

      Section 3.02.  AGR  DEPARTMENT OF AGRICULTURE                4,959        

CAP-040  County Fairgrounds Capital                                4,961        

         Improvements                           $    5,000,000     4,962        

Total Department of Agriculture                 $    5,000,000     4,964        

      County Fairgrounds Capital Improvements                      4,967        

      The foregoing appropriation item CAP-040, County             4,969        

Fairgrounds Capital Improvements, shall be used to provide         4,970        

                                                          113    


                                                                 
matching grants to Agricultural Societies for fairgrounds capital  4,971        

improvements pursuant to rules promulgated by the Ohio Department  4,972        

of Agriculture.  The rules shall include, but not be limited to,   4,973        

specifications of eligibility and award criteria, specifications                

for grant agreements, and procedures for administration of the     4,974        

program.  Each society receiving a grant from this appropriation   4,975        

shall contribute an equal amount of non-state funds toward the     4,976        

capital improvements for which state funds are provided.  No       4,977        

society shall receive more than $100,000.                                       

      Section 3.03.  AFC  ARTS AND SPORTS FACILITIES COMMISSION    4,979        

CAP-047  Cincinnati Classical Music Hall of                        4,982        

         Fame                                   $      300,000     4,983        

CAP-050  Columbus Art Museum Facility Planning  $      250,000     4,985        

CAP-053  Powers Auditorium Improvements         $      250,000     4,987        

CAP-054  Dayton Performing Arts Center -                           4,988        

         Planning and Phase I                   $      250,000     4,989        

CAP-059  Johnny Appleseed Museum Theatre        $      175,000     4,991        

CAP-060  Southeastern Ohio Cultural Arts Center $      500,000     4,993        

CAP-062  Akron Art Museum - Planning            $      100,000     4,995        

Total Arts And Sports Facilities Commission     $    1,825,000     4,997        

      Section 3.04.  OHS  OHIO HISTORICAL SOCIETY                  5,000        

CAP-745  Emergency Renovations of Historic                         5,002        

         Sites and Museums                      $      500,000     5,003        

Total Ohio Historical Society                   $      500,000     5,005        

      Section 3.05.  DNR  DEPARTMENT OF NATURAL RESOURCES          5,007        

CAP-876  Statewide Trails Programs              $      390,000     5,011        

CAP-942  Local Parks Projects                   $      115,000     5,013        

CAP-791  Pioneer Farm Renovation Planning       $       15,000     5,015        

Total Department of Natural Resources           $      520,000     5,017        

      Statewide Trails Programs                                    5,020        

      Of the foregoing appropriation item CAP-876, Statewide       5,022        

Trails Programs, $40,000 shall be used for New Richmond Bike       5,023        

Trail Study; $100,000 shall be used for Bike Path Coshocton City;  5,024        

and $250,000 shall be used for Bike Trail - Ohio to Erie.          5,025        

                                                          114    


                                                                 
      Section 3.06.  DOT  DEPARTMENT OF TRANSPORTATION             5,027        

CAP-004  County Airport Improvements            $      400,000     5,030        

CAP-006  Youngstown-Warren Regional Airport                        5,031        

         Intermodal Facility Development        $    2,200,000     5,033        

CAP-008  Rickenbacker Airport Runway                               5,034        

         Improvements                           $    3,000,000     5,035        

Total Department of Transportation              $    5,600,000     5,037        

      County Airport Improvements                                  5,040        

      Of the foregoing appropriation item CAP-004, County Airport  5,042        

Improvements, $300,000 shall be used for Ashtabula County Airport  5,043        

Improvements and $100,000 shall be used for Clermont County        5,044        

Airport Improvements.                                                           

Total General Revenue Fund                      $   32,108,150     5,046        

      Section 4.  No expenditures shall be made from any of the    5,049        

items appropriated from the General Revenue Fund in Sections 3.01  5,050        

to 3.06 of this act until the appropriations are released by the   5,051        

Controlling Board.  Each request for release of appropriations by  5,052        

the Controlling Board shall have attached the certification of     5,053        

the Director of Budget and Management that sufficient General      5,054        

Revenue Fund moneys will be available to fund the anticipated      5,055        

expenditures associated with the request.                                       

      Section 5.  All items set forth in this section are hereby   5,057        

appropriated out of any moneys in the state treasury to the        5,058        

credit of the Wildlife Fund (Fund 015), which are not otherwise    5,059        

appropriated.                                                      5,060        

                                                   Appropriations  5,062        

                                                                   5,064        

              DNR  DEPARTMENT OF NATURAL RESOURCES                              

CAP-012  Land Acquisition                       $    2,400,000     5,067        

CAP-703  Cap Abandoned Water Wells              $       50,000     5,069        

CAP-994  Wildlife Shooting Ranges                                  5,070        

         Maintenance/Development                $      320,000     5,071        

Total Department of Natural Resources           $    2,770,000     5,073        

Total Wildlife Fund                             $    2,770,000     5,075        

                                                          115    


                                                                 
      Section 6.  The items set forth in this section are hereby   5,078        

appropriated out of any moneys in the state treasury to the        5,080        

credit of the Public School Building Fund (Fund 021), which are    5,081        

not otherwise appropriated.                        Appropriations  5,082        

                                                                   5,083        

                SFC  SCHOOL FACILITIES COMMISSION                               

CAP-622  Public School Buildings                $  145,000,000     5,086        

CAP-777  Disability Access Projects             $    5,000,000     5,088        

Total School Facilities Commission              $  150,000,000     5,090        

Total Public School Building Fund               $  150,000,000     5,092        

      Section 7.  The items set forth in this section are hereby   5,095        

appropriated out of any moneys in the state treasury to the        5,096        

credit of the Highway Safety Fund (Fund 036), which are not        5,097        

otherwise appropriated.                                                         

                                                   Appropriations  5,099        

                                                                   5,100        

                DHS  DEPARTMENT OF PUBLIC SAFETY                                

CAP-045  Platform Scales Improvements           $      290,000     5,103        

CAP-059  Patrol Post ADA Compliance             $      250,000     5,105        

CAP-061  Alum Creek Warehouse Roof Replacement  $    1,000,000     5,107        

CAP-062  Construct Dayton/Easton Post Complex   $    2,000,000     5,109        

CAP-063  HVAC Improvements at the Academy       $      500,000     5,111        

CAP-064  Cambridge Radio Shop Renovations       $      500,000     5,113        

CAP-065  Replace Windows at the Academy         $      400,000     5,115        

CAP-066  District 1/Findlay Post Renovations    $      850,000     5,117        

Total Department of Public Safety               $    5,790,000     5,119        

Total Highway Safety Fund                       $    5,790,000     5,121        

      Section 8.  All items set forth in this section are hereby   5,124        

appropriated out of any moneys in the state treasury to the        5,125        

credit of the Waterways Safety Fund (Fund 086), which are not      5,126        

otherwise appropriated.                                            5,127        

                                                   Appropriations  5,129        

                                                                   5,130        

              DNR  DEPARTMENT OF NATURAL RESOURCES                              

                                                          116    


                                                                 
CAP-324  Cooperative Funding for Boating                           5,132        

         Facilities                             $    2,000,000     5,133        

CAP-934  Operations Facilities Development      $      250,000     5,135        

Total Department of Natural Resources           $    2,250,000     5,137        

Total Waterways Safety Fund                     $    2,250,000     5,139        

      Section 9.  All items set forth in this section are hereby   5,142        

appropriated out of any moneys in the state treasury to the        5,143        

credit of the Underground Parking Garage Operating Fund (Fund      5,144        

208), which are not otherwise appropriated.                                     

                                                   Appropriations  5,145        

                                                                   5,146        

          CSR  CAPITOL SQUARE REVIEW AND ADVISORY BOARD                         

CAP-007  Garage Elevator Upgrades               $      250,000     5,149        

CAP-008  Install Garage Oil Interceptor System  $       60,000     5,151        

Total Capitol Square Review and Advisory Board  $      310,000     5,153        

Total Underground Parking Garage Operating Fund $      310,000     5,155        

      Section 10.  All items set forth in this section are hereby  5,158        

appropriated out of any moneys in the state treasury to the        5,159        

credit of the Special Administrative Fund (Fund 4A9), which are    5,160        

not otherwise appropriated.                                        5,162        

               BES  BUREAU OF EMPLOYMENT SERVICES                  5,162        

CAP-026  Various Renovations - Central Office   $      495,335     5,165        

CAP-027  Various Renovations - Local Offices    $      911,047     5,167        

CAP-031  One Stop Employment Training Centers   $      400,000     5,169        

Total Bureau of Employment Services             $    1,806,382     5,171        

Total Special Administrative Fund               $    1,806,382     5,173        

      Section 11.  The items set forth in this section are hereby  5,176        

appropriated out of any moneys in the state treasury to the        5,177        

credit of the Veterans' Home Improvement Fund (Fund 604), which    5,178        

are not otherwise appropriated.                                    5,179        

                                                   Appropriations  5,181        

                                                                   5,182        

                    OVH  OHIO VETERANS' HOME                                    

CAP-737  Elevator Renovations                   $      322,350     5,185        

                                                          117    


                                                                 
CAP-750  Griffin Bathroom Renovations           $       62,000     5,187        

CAP-751  Replace Nursing Home Furniture         $      235,000     5,189        

CAP-752  Secrest Window Coverings               $      150,000     5,191        

CAP-753  Seal Roads and New Parking Lots        $      223,500     5,193        

CAP-754  Replace Domiciliary Carpeting          $       70,000     5,195        

CAP-755  Secrest Security System Improvements   $       65,000     5,197        

CAP-756  Renovate Commandant's House            $      199,400     5,199        

Total Ohio Veterans' Home                       $    1,327,250     5,201        

Total Veterans' Home Improvement Fund           $    1,327,250     5,203        

      Section 12.  All items set forth in this section are hereby  5,206        

appropriated out of any money in the state treasury to the credit  5,207        

of the Sports Facilities Building Fund (Fund 024), which is        5,208        

hereby created.  Revenues to the Sports Facilities Building Fund   5,209        

shall consist of proceeds of obligations authorized to pay costs   5,210        

of the following capital improvements:                                          

                                                   Appropriations  5,212        

                                                                   5,214        

         AFC  OHIO ARTS AND SPORTS FACILITIES COMMISSION                        

CAP-025  Sports Facilities Improvements -                          5,216        

         Cincinnati                             $   22,000,000     5,217        

CAP-026  Sports Facilities Improvements -                          5,218        

         Cleveland                              $   21,790,605     5,219        

Total Ohio Arts and Sports Facilities                              5,220        

   Commission                                   $   43,790,605     5,222        

Total Sports Facilities Building Fund           $   43,790,605     5,224        

      Section 13.  The Ohio Building Authority is hereby           5,227        

authorized to issue and sell, in accordance with the provisions    5,228        

of Section 2i of Article VIII, Ohio Constitution, and Chapter      5,229        

152. and other applicable sections of the Revised Code, original   5,230        

obligations in an aggregate principal amount not to exceed                      

$43,800,000, in addition to the original issuance of obligations   5,232        

heretofore authorized by prior acts of the General Assembly, to    5,233        

pay the costs of capital facilities, as defined in division (J)    5,235        

of section 3383.01 of the Revised Code as Ohio sports facilities,               

                                                          118    


                                                                 
and designated in Section 12 of this act, the owners or holders    5,236        

of which shall have no right to have excises or taxes levied by    5,237        

the General Assembly for the payment of principal or interest      5,238        

thereon.                                                                        

      Section 14.  The foregoing capital improvements for which    5,240        

appropriations are made in Section 12 of this act are determined   5,241        

to be capital improvements for the housing of branches and         5,242        

agencies of state government and their functions, including,       5,243        

without limitation, serving purposes of public recreation and of                

economic development, including creating or preserving jobs and    5,244        

employment opportunities and improving the economic welfare of     5,245        

the people of the state, and shall be designated as the capital    5,246        

facilities to which proceeds of obligations in the Sports          5,247        

Facilities Building Fund are to be applied.                                     

      Section 15.  All items set forth in Sections 15.01 to 15.13  5,249        

of this act are hereby appropriated out of any moneys in the       5,251        

state treasury to the credit of the Administrative Building Fund   5,252        

(Fund 026).  Revenues to the Administrative Building Fund shall                 

consist of proceeds of obligations authorized to pay the costs of  5,253        

capital facilities, as defined in section 152.09 of the Revised    5,254        

Code, for the following capital improvements:                      5,255        

                                                   Appropriations  5,257        

      Section 15.01.  ADJ  ADJUTANT GENERAL                        5,259        

CAP-036  Roof Replacement - Various Facilities  $      434,350     5,262        

CAP-038  Electrical System - Various Facilities $      635,072     5,264        

CAP-039  Camp Perry Facility Improvements       $    3,000,000     5,266        

CAP-044  Replace Windows/Doors - Various                           5,267        

         Facilities                             $      381,395     5,268        

CAP-045  Plumbing Renovations - Various                            5,269        

         Facilities                             $      309,400     5,270        

CAP-046  Paving Renovations - Various                              5,271        

         Facilities                             $      285,600     5,272        

CAP-050  HVAC Systems - Various Facilities      $      339,150     5,274        

CAP-052  Cincinnati Shadybrook Armory           $    1,748,705     5,276        

                                                          119    


                                                                 
CAP-055  Hillsboro Armory Renovations           $      478,974     5,278        

Total Adjutant General                          $    7,612,646     5,280        

      Section 15.02.  DAS  DEPARTMENT OF ADMINISTRATIVE SERVICES   5,283        

CAP-809  Hazardous Substance Abatement in State                    5,285        

         Facilities                             $    2,000,000     5,287        

CAP-811  Health/EPA Laboratory Facilities       $    5,700,000     5,289        

CAP-826  Office Services Building Renovation    $      500,000     5,291        

CAP-827  Statewide Communications System        $   37,000,000     5,293        

CAP-835  Energy Conservation Projects           $    2,000,000     5,295        

CAP-850  Renovation of Old ODOT Building        $    6,560,000     5,297        

CAP-851  Purchase N. High/Chestnut Buildings    $   12,000,000     5,299        

CAP-852  Renovate N. High/Chestnut Buildings    $    1,000,000     5,301        

Total Department of Administrative Services     $   66,760,000     5,303        

      Hazardous Substance Abatement in State Facilities            5,306        

      The foregoing appropriation item CAP-809, Hazardous          5,308        

Substance Abatement in State Facilities, shall be used to fund     5,309        

the removal of asbestos, PCB, radon gas, and other contamination   5,310        

hazards from state facilities.                                                  

      Prior to the release of appropriations for asbestos          5,312        

abatement, the Department of Administrative Services shall review  5,313        

proposals from state agencies to use these appropriations based    5,314        

on criteria developed by the Department of Administrative          5,315        

Services.  Upon a determination by the Department of               5,316        

Administrative Services that the requesting agency cannot fund     5,317        

the asbestos abatement project and/or other toxic materials        5,318        

removal through existing capital and operating appropriations,     5,319        

the department may request the release of appropriations for such  5,320        

projects by the Controlling Board.  State agencies intending to    5,321        

fund asbestos abatement and/or other toxic materials removal       5,322        

through existing capital and operating appropriations shall        5,323        

notify the Director of Administrative Services of the nature and   5,324        

scope prior to commencing the project.                                          

      Only agencies that have received appropriations for capital  5,326        

projects from the Administrative Building Fund (Fund 026) are      5,327        

                                                          120    


                                                                 
eligible to receive funding from this item.  Public school         5,328        

districts are not eligible for funding from this item.             5,329        

      Implementation of Americans with Disabilities Act            5,331        

      As a result of the transfer made in Section 15.05 of this    5,333        

act, an appropriation shall be created for appropriation item      5,334        

CAP-822, Implementation of Americans with Disabilities Act, in     5,336        

the Department of Administrative Services.  Appropriations in      5,337        

CAP-822 shall be used to renovate state-owned facilities to                     

provide access for physically disabled persons in accordance with  5,338        

Title II of the Americans with Disabilities Act.                   5,339        

      Prior to the release of appropriations for such              5,341        

renovations, state agencies shall perform self-evaluations of      5,343        

state-owned facilities identifying barriers to access to service.  5,344        

State agencies shall prioritize access barriers and develop a                   

transition plan for the removal of these barriers.  The            5,345        

Department of Administrative Services shall review proposals from  5,346        

state agencies to use these appropriations for Americans with      5,347        

Disabilities Act renovations.                                                   

      Only agencies that have received appropriations for capital  5,349        

projects from the Administrative Building Fund (Fund 026) are      5,350        

eligible to receive funding from this item.  Public school         5,351        

districts are not eligible for funding from this item.             5,352        

      MARCS Steering Committee and Statewide Communications        5,354        

System                                                                          

      There is hereby continued a Multi-Agency Radio               5,356        

Communications System Steering Committee consisting of the         5,357        

designees of the Directors of Administrative Services, Public      5,358        

Safety, Natural Resources, Transportation, Rehabilitation and                   

Correction, and Budget and Management.  The Director of            5,359        

Administrative Services or the director's designee shall chair     5,360        

the committee.  The committee shall provide assistance to the      5,361        

Director of Administrative Services for effective and efficient    5,362        

implementation of the MARCS system as well as develop policies     5,363        

for the ongoing management of the system.  Upon dates prescribed                

                                                          121    


                                                                 
by the Directors of Administrative Services and Budget and         5,364        

Management, the MARCS Steering Committee shall report to the       5,365        

directors as to the progress of MARCS implementation and the       5,366        

development of policies related to the system.                                  

      The foregoing appropriation item CAP-827, Statewide          5,368        

Communications System, shall be used to purchase or construct the  5,369        

components of the Multi-Agency Radio Communications System         5,370        

(MARCS) that are not specific to any one agency.  The equipment    5,371        

may include, but is not limited to:  multi-agency equipment at     5,372        

the Emergency Operations Center/Joint Dispatch Facility, computer               

and telecommunication equipment used for the functioning and       5,373        

integration of the system, communications towers, tower sites,     5,374        

and tower equipment, and linkages among towers and between towers  5,375        

and the State of Ohio Network for Integrated Communication         5,376        

(SONIC) system.  The Director of Administrative Services shall,    5,377        

with the concurrence of the MARCS Steering Committee, determine    5,378        

the specific use of funds.                                                      

      Spending from this appropriation item shall not be subject   5,380        

to the requirements of Chapters 123. and 153. of the Revised       5,381        

Code.                                                                           

      Energy Conservation Projects                                 5,383        

      The foregoing appropriation item CAP-835, Energy             5,385        

Conservation Projects, shall be used for renovations related to    5,386        

energy conservation, including the United States Environmental     5,387        

Protection Agency's Greenlights Program, in state-owned                         

facilities.  Prior to the release of funds for renovation, state   5,388        

agencies shall have performed a comprehensive energy audit for     5,389        

each project.  The Department of Administrative Services shall     5,390        

review and approve proposals from state agencies to use these      5,391        

funds for energy conservation.                                                  

      Public school districts and state-supported and              5,393        

state-assisted institutions of higher education are not eligible   5,394        

for funding from this item.                                                     

      Purchase N. High/Chestnut Buildings                          5,396        

                                                          122    


                                                                 
      The Bureau of Workers' Compensation and Department of        5,398        

Administrative Services may enter into an agreement for the        5,399        

transfer of the real estate and related facilities to be used for  5,400        

state office facilities located at 246 North High Street,          5,401        

Columbus, Ohio, and 35 Chestnut Street, Columbus, Ohio, from the   5,402        

State Insurance Fund to the State of Ohio.  The foregoing          5,403        

appropriation item CAP-851, Purchase N. High/Chestnut Buildings,                

shall be used to make the final payment to the State Insurance     5,404        

Fund in accordance with the agreement.                             5,405        

      Section 15.03.  AGE  DEPARTMENT OF AGING                     5,407        

CAP-001  Renovate Martin Janis Center           $      125,000     5,410        

Total Department of Aging                       $      125,000     5,412        

      Section 15.04.  AGR  DEPARTMENT OF AGRICULTURE               5,415        

CAP-029  Administration Building Renovation     $    1,394,022     5,418        

CAP-039  Renovate Weights and Measures Bldg.    $      200,000     5,420        

CAP-041  Drainage and Erosion Control                              5,421        

         Improvements                           $      252,344     5,422        

CAP-042  Reynoldsburg Complex Security                             5,423        

         Improvements                           $      125,000     5,424        

Total Department of Agriculture                 $    1,971,366     5,426        

      Section 15.05.  AGO  ATTORNEY GENERAL                        5,429        

CAP-710  Automated Fingerprint ID System        $    4,438,000     5,432        

CAP-714  Construct/Renovate BCI & I             $    9,891,647     5,434        

Total Attorney General                          $   14,329,647     5,436        

      Transfers of Appropriations to the Department of             5,439        

Administrative Services                                                         

      Within fifteen days after the effective date of this         5,441        

section, the Director of Budget and Management shall transfer      5,442        

appropriations from the foregoing appropriation item CAP-714,      5,443        

Construct/Renovate BCI & I, to various appropriation items in      5,444        

Fund 026 in the Department of Administrative Services.                          

      The Director of Budget and Management shall transfer         5,446        

$3,398,658 to CAP-837, Major Computer Purchases; $2,000,000 to     5,447        

CAP-822, Implementation of Americans with Disabilities Act;        5,448        

                                                          123    


                                                                 
$800,000 to CAP-824, State Real Estate Inventory System; and       5,449        

$400,000 to CAP-834, Develop Computerized Record Drawing Storage.  5,450        

The Director of Budget and Management shall also transfer          5,451        

$500,000 to CAP-835, Energy Conservation Projects; $285,542 to     5,452        

CAP-850, Renovation of Old ODOT Building; and $500,000 to          5,453        

CAP-809, Hazardous Substance Abatement in State Facilities and     5,454        

these amounts shall be in addition to the amounts appropriated     5,455        

for those items in Section 15.02 of this act.  These transfers     5,457        

reimburse the Department of Administrative Services for providing  5,458        

appropriations to the Attorney General's office during the         5,459        

construction of the new Bureau of Criminal Identification and                   

Investigation facility.                                            5,461        

      Section 15.06.  CSR  CAPITOL SQUARE REVIEW AND               5,465        

                           ADVISORY BOARD                          5,465        

CAP-001  Replace Statehouse Grounds Retaining                      5,467        

         Wall                                   $      700,000     5,468        

Total Capitol Square Review and Advisory Board  $      700,000     5,470        

      Section 15.07.  COM  DEPARTMENT OF COMMERCE                  5,473        

CAP-007  Construct and Renovate Fireground                         5,474        

         Training Areas                         $      198,000     5,475        

CAP-008  Fire Academy Building Renovations      $      626,000     5,477        

CAP-011  Roadway/Training Area Resurfacing      $      260,000     5,479        

Total Department of Commerce                    $    1,084,000     5,481        

      Section 15.08.  EXP  EXPOSITIONS COMMISSION                  5,484        

CAP-037  Electrical Upgrades                    $    2,449,400     5,487        

CAP-052  Sewer Separation                       $    1,903,090     5,489        

CAP-059  Replace Coliseum Compressor            $      500,520     5,491        

CAP-062  Door Replacement                       $      123,874     5,493        

CAP-063  Facility Improvement and Modernization                    5,494        

         Planning                               $       81,933     5,495        

CAP-064  Replacement of Water Lines             $       80,098     5,497        

CAP-065  Replace Coliseum Seating               $      796,315     5,499        

CAP-066  Stairtower Replacement                 $      220,092     5,501        

Total Expositions Commission                    $    6,155,322     5,503        

                                                          124    


                                                                 
      Section 15.09.  DNR  DEPARTMENT OF NATURAL RESOURCES         5,506        

CAP-742  Fountain Square Building and Telephone                    5,508        

         System Improvements                    $    4,000,000     5,509        

CAP-747  DNR Fairgrounds Areas - General                           5,510        

         Upgrading                              $       75,000     5,511        

Total Department of Natural Resources           $    4,075,000     5,513        

      Section 15.10.  DHS  DEPARTMENT OF PUBLIC SAFETY             5,516        

CAP-067  VHF Radio System Improvements          $      356,000     5,519        

Total Department of Public Safety               $      356,000     5,521        

      Section 15.11.  SUP  JUDICIARY/SUPREME COURT                 5,524        

CAP-001  Ohio Courts Building Renovations       $   32,600,000     5,527        

Total Judiciary/Supreme Court                   $   32,600,000     5,529        

      Exempt from Per Cent for Arts Program                        5,532        

      The foregoing project CAP-001, Ohio Courts Building          5,534        

Renovations, shall be exempt from the provisions of section        5,535        

3379.10 of the Revised Code, the Per Cent for Arts Program.        5,536        

      Section 15.12.  OSB  SCHOOL FOR THE BLIND                    5,538        

CAP-733  Dormitory Wardrobe Replacement         $       91,450     5,541        

CAP-757  Bathroom Renovation with Handicapped                      5,542        

         Accessibility                          $      185,800     5,543        

CAP-778  Install Air Conditioning in Dining                        5,544        

         Rooms                                  $       75,000     5,545        

CAP-779  Upgrade Doorways for Handicapped                          5,546        

         Accessibility                          $       87,000     5,547        

CAP-780  Residential Renovations                $      344,900     5,549        

CAP-783  Natatorium Improvements                $       59,300     5,551        

Total School for the Blind                      $      843,450     5,553        

      Section 15.13.  OSD  SCHOOL FOR THE DEAF                     5,556        

CAP-730  Roof Rehabilitation                    $      900,000     5,559        

CAP-744  Fire Alarm System Replacement          $      208,740     5,561        

CAP-749  Bathroom Renovation with Handicapped                      5,562        

         Accessibility                          $      331,050     5,563        

CAP-781  Heating System Renovations and Boiler                     5,564        

         Replacement/Administration Building    $    1,320,000     5,566        

                                                          125    


                                                                 
CAP-782  Electrical System Improvements         $      782,000     5,568        

CAP-784  Heating and Bedroom Renovations        $      647,000     5,570        

CAP-785  Site Improvements                      $       25,000     5,572        

Total School for the Deaf                       $    4,213,790     5,574        

Total Administrative Building Fund              $  140,826,221     5,576        

      Section 16.  The Ohio Building Authority is hereby           5,579        

authorized to issue and sell, in accordance with the provisions    5,580        

of Section 2i of Article VIII, Ohio Constitution, and Chapter      5,581        

152. and other applicable sections of the Revised Code, original   5,582        

obligations in an aggregate principal amount not to exceed         5,584        

$140,000,000, in addition to the original issuance of obligations  5,585        

heretofore authorized by prior acts of the General Assembly to     5,586        

pay costs associated with previously authorized capital            5,587        

facilities and the capital facilities in Sections 15.01 to 15.13   5,588        

of this act, the owners or holders of which shall have no right    5,589        

to have excises or taxes levied by the General Assembly for the    5,590        

payment of principal or interest thereon.                          5,591        

      Section 17.  All items set forth in this section are hereby  5,593        

appropriated out of any moneys in the state treasury to the        5,594        

credit of the Adult Correctional Building Fund (Fund 027).         5,595        

Revenues to the Adult Correctional Building Fund shall consist of  5,596        

proceeds of obligations authorized to pay costs of capital         5,597        

facilities as defined in section 152.09 of the Revised Code for    5,598        

the Department of Rehabilitation and Correction.                   5,599        

                                                   Appropriations  5,601        

                                                                   5,602        

       DRC  DEPARTMENT OF REHABILITATION AND CORRECTION            5,604        

              STATEWIDE AND CENTRAL OFFICE PROJECTS                5,605        

CAP-002  Local Jails                            $   26,300,000     5,608        

CAP-003  Community-Based Correctional                              5,609        

         Facilities                             $   11,346,240     5,610        

CAP-007  Asbestos and Lead Abatement -                             5,611        

         Statewide                              $    1,900,000     5,612        

CAP-008  Powerhouse/Utility Improvements        $    3,000,000     5,614        

                                                          126    


                                                                 
CAP-010  Industrial Equipment - Statewide       $    2,489,000     5,616        

CAP-011  Roof and Window Renovations -                             5,617        

         Statewide                              $    2,000,000     5,618        

CAP-017  Security Improvements - Statewide      $    4,000,000     5,620        

CAP-026  Waste Water Treatment Improvements -                      5,621        

         Statewide                              $    1,500,000     5,622        

CAP-041  Community Residential Program          $    4,780,000     5,624        

CAP-129  Water Treatment Plant Improvements -                      5,625        

         Statewide                              $      900,000     5,626        

CAP-141  Multi-Agency Radio Communications                         5,627        

         System Equipment                       $    2,000,000     5,628        

CAP-186  Construct Close Custody Prison and                        5,629        

         Camp                                   $   82,000,000     5,630        

CAP-187  Mandown Alert Communication Systems -                     5,631        

         Statewide                              $    3,000,000     5,632        

CAP-188  Manufacturing and Storage Building                        5,633        

         Additions - Statewide                  $      159,300     5,634        

CAP-189  Tuck Pointing Renovations - Statewide  $      750,000     5,636        

Total Statewide and Central Office Projects     $  146,125,340     5,638        

                                                                   5,640        

              CHILLICOTHE CORRECTIONAL INSTITUTION                              

CAP-146  Renovate Food Service Area - CCI       $    4,425,000     5,643        

CAP-190  Utility Improvements                   $      200,000     5,645        

CAP-191  Life and Fire Safety Improvements      $    3,500,000     5,647        

CAP-192  Hot Water System Improvements - CCI    $      275,000     5,649        

Total Chillicothe Correctional Institution      $    8,400,000     5,651        

                                                                   5,653        

                  CORRECTIONAL RECEPTION CENTER                                 

CAP-173  CRC E-Dorm Renovation                  $      350,000     5,656        

Total Correctional Reception Center             $      350,000     5,658        

                                                                   5,660        

                  CORRECTIONAL TRAINING ACADEMY                                 

CAP-193  AT Building Roof Replacement           $      450,000     5,663        

CAP-194  Construct Conference Center            $    1,796,511     5,665        

                                                          127    


                                                                 
Total Correctional Training Academy             $    2,246,511     5,667        

                                                                   5,669        

                 DAYTON CORRECTIONAL INSTITUTION                                

CAP-195  Hot Water System Improvements - DCI    $      400,000     5,672        

Total Dayton Correctional Institution           $      400,000     5,674        

                                                                   5,676        

                GRAFTON CORRECTIONAL INSTITUTION                                

CAP-196  Camp Egress System Improvements - GCI  $      450,000     5,679        

Total Grafton Correctional Institution          $      450,000     5,681        

                                                                   5,683        

                HOCKING CORRECTIONAL INSTITUTION                                

CAP-053  General Building Renovations           $      275,000     5,686        

Total Hocking Correctional Institution          $      275,000     5,688        

                                                                   5,690        

                LEBANON CORRECTIONAL INSTITUTION                                

CAP-118  Water Tower Renovations                $      123,307     5,693        

CAP-197  Cell Door Lock Replacement             $    5,259,900     5,695        

CAP-198  Water Treatment Plant Improvements -                      5,696        

         Le CI                                  $    1,150,000     5,697        

Total Lebanon Correctional Institution          $    6,533,207     5,699        

                                                                   5,701        

                  LIMA CORRECTIONAL INSTITUTION                                 

CAP-121  Shower and Lavatory Renovations        $    1,995,000     5,704        

CAP-155  Heating System Renovations             $    2,065,400     5,706        

CAP-156  Water and Sewer Line Renovations       $    1,000,000     5,708        

CAP-199  Windows and Security Bar Improvements  $    1,000,000     5,710        

CAP-200  Utility Renovations                    $      350,000     5,712        

Total Lima Correctional Institution             $    6,410,400     5,714        

                                                                   5,716        

                 LONDON CORRECTIONAL INSTITUTION                                

CAP-122  Master Plan Building and Renovations   $    4,000,000     5,719        

CAP-201  Water Treatment Plant Addition         $    3,000,000     5,721        

Total London Correctional Institution           $    7,000,000     5,723        

                                                                   5,725        

                                                          128    


                                                                 
               MANSFIELD CORRECTIONAL INSTITUTION                               

CAP-123  Smoke Removal/Sprinkler System                            5,727        

         Improvements                           $      232,734     5,728        

CAP-202  Death Unit Renovations                 $      750,000     5,730        

CAP-203  Hot Water System Improvements - Man CI $      750,000     5,732        

Total Mansfield Correctional Institution        $    1,732,734     5,734        

                                                                   5,736        

                 MARION CORRECTIONAL INSTITUTION                                

CAP-028  Power House Improvements               $      191,893     5,739        

CAP-067  Roof Replacement                       $      384,635     5,741        

CAP-124  Fire Sprinkler System Improvements     $    2,146,791     5,743        

CAP-204  Freezer Replacement                    $      168,800     5,745        

CAP-205  Cooler Replacement                     $      343,800     5,747        

CAP-206  Central Food Service Renovations - MCI $      343,800     5,749        

CAP-207  HVAC Improvements - Admin. Bldg.       $      750,000     5,751        

CAP-208  Hot Water Tank Replacement             $      275,000     5,753        

Total Marion Correctional Institution           $    4,604,719     5,755        

                                                                   5,757        

                  NORTHEAST PRE-RELEASE CENTER                                  

CAP-209  Security Improvements - NEPRC          $      425,000     5,760        

Total Northeast Pre-Release Center              $      425,000     5,762        

                                                                   5,764        

                   OHIO REFORMATORY FOR WOMEN                                   

CAP-210  Replacement Dormitory - ORW            $    3,650,000     5,767        

CAP-211  Renovate J.G. Cottage                  $    1,300,000     5,769        

CAP-212  Powerhouse Renovation and Replumbing   $    1,250,000     5,771        

CAP-213  Sanitary Sewer Renovations - ORW       $      250,000     5,773        

CAP-214  Storm Sewer Renovations                $      200,000     5,775        

CAP-215  Central Food Service Renovations - ORW $      300,000     5,777        

CAP-216  Elevator Renovation                    $      121,500     5,779        

CAP-217  Perimeter Lighting Improvements        $      800,000     5,781        

CAP-218  Rewire Harmon Building                 $      376,289     5,783        

CAP-219  Fire Alarm System Improvements         $      128,971     5,785        

Total Ohio Reformatory for Women                $    8,376,760     5,787        

                                                          129    


                                                                 
                                                                   5,789        

                 ORIENT CORRECTIONAL INSTITUTION                                

CAP-126  Fire Protection System Upgrading       $      290,467     5,792        

CAP-184  Orient Dorm Renovations                $      450,000     5,794        

CAP-220  Mechanical Renovations Limited Duty                       5,795        

         Dorm                                   $    1,500,000     5,796        

CAP-221  Replacement 2 Story Dorm for 6E Dorm   $    3,958,000     5,798        

Total Orient Correctional Institution           $    6,198,467     5,800        

                                                                   5,801        

                PICKAWAY CORRECTIONAL INSTITUTION                               

CAP-222  Sludge Removal System Improvements     $    1,500,000     5,804        

CAP-223  Replacement of Unit A Dorm             $    4,339,900     5,806        

CAP-224  Replacement Generator - Dairy Farm     $      108,100     5,808        

CAP-225  Water System Improvements              $    1,808,470     5,810        

CAP-226  Milk Processing Plant                  $    1,905,800     5,812        

CAP-227  Roof Improvements                      $      430,495     5,814        

CAP-228  Power House Improvements               $      212,889     5,816        

Total Pickaway Correctional Institution         $   10,305,654     5,818        

                                                                   5,820        

                  ROSS CORRECTIONAL INSTITUTION                                 

CAP-229  Waste Water Treatment Plant                               5,822        

         Improvement - RCI                      $    2,500,000     5,823        

Total Ross Correctional Institution             $    2,500,000     5,825        

                                                                   5,827        

              SOUTHEASTERN CORRECTIONAL INSTITUTION                             

CAP-233  Replacement 2 Story Dorm for J, K & L                     5,829        

         Dorms                                  $    3,900,000     5,830        

CAP-234  High Voltage Electrical System                            5,831        

         Improvements                           $    1,500,000     5,832        

CAP-235  Warehouse and Utility Buildings                           5,833        

         Renovations                            $      225,000     5,834        

CAP-236  Construct Dining Hall                  $    3,381,125     5,836        

CAP-237  Power Plant Improvements               $      479,697     5,838        

Total Southeastern Correctional Institution     $    9,485,822     5,840        

                                                          130    


                                                                 
                                                                   5,842        

               SOUTHERN OHIO CORRECTIONAL FACILITY                              

CAP-230  Waste Water Treatment Plant            $    1,000,000     5,845        

CAP-231  Gas Boiler Installation                $      978,005     5,847        

CAP-232  Power House Chiller                    $      457,800     5,849        

Total Southern Ohio Correctional Facility       $    2,435,805     5,851        

Total Department of Rehabilitation                                 5,852        

   and Correction                               $  224,255,419     5,854        

Total Adult Correctional Building Fund          $  224,255,419     5,856        

      Section 17.01.  Local Jails                                  5,859        

      From the foregoing appropriation item CAP-002, Local Jails,  5,862        

the Department of Rehabilitation and Correction shall designate                 

the projects involving the construction and renovation of county,  5,864        

multi-county, municipal-county, and multicounty-municipal jail     5,865        

facilities and workhouses, including correctional centers          5,866        

authorized under sections 153.61 and 307.93 of the Revised Code,                

for which the Ohio Building Authority is authorized to issue       5,867        

obligations.  Notwithstanding any provisions to the contrary       5,868        

contained in Chapter 152. or 153. of the Revised Code, the         5,869        

Department of Rehabilitation and Correction is authorized to       5,870        

coordinate, review, and monitor the drawdown and use of funds for  5,871        

the renovation or construction of projects for which designated                 

funds are provided.                                                5,872        

      The funding authorized under this section shall not be       5,874        

applied to any such facilities that are not designated by the      5,875        

Department of Rehabilitation and Correction.  The amount of        5,876        

funding authorized under this section that may be applied to a     5,877        

project designated for initial funding after July 1, 1998,         5,878        

involving the construction or renovation of a county,                           

multi-county, municipal-county, or multicounty-municipal jail      5,879        

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 $25,000 per bed of the total allowable cost of the project               

in the case of construction of county and municipal-county jail    5,883        

                                                          131    


                                                                 
facilities, workhouses, and correctional centers; shall not        5,884        

exceed $42,000 per bed of the total allowable cost of the project  5,885        

in the case of construction of multi-county or                     5,886        

multicounty-municipal jail facilities, workhouses, and                          

correctional centers; and shall not exceed 30 per cent of the      5,887        

total allowable cost of the project in the case of renovation of   5,888        

county, multi-county, municipal-county, and multicounty-municipal  5,889        

jail facilities, workhouses, and correctional centers.             5,890        

      The cost-per-bed funding authorized under this section that  5,892        

may be applied to a construction project shall not exceed the      5,893        

actual cost-per-bed of the project.  The 30 per cent funding       5,894        

authorized under this section that may be applied to a renovation  5,895        

project shall not exceed $25,000 per bed of the total allowable    5,896        

cost of the project.                                                            

      The amount of funding authorized under this section that     5,898        

may be applied to a project designated for initial funding prior   5,899        

to July 1, 1996, and designated for additional funding after July  5,900        

1, 1996, involving the construction or renovation of a county,     5,901        

multi-county, municipal-county, or multicounty-municipal jail      5,902        

facility or workhouse, including a correctional center authorized  5,903        

under sections 153.61 and 307.93 of the Revised Code, shall not    5,904        

exceed 30 per cent of the total allowable cost of the project in                

the case of county and municipal-county jail facilities,           5,905        

workhouses, and correctional centers; shall not exceed 50 per      5,906        

cent of the total allowable cost of the project in the case of     5,907        

multi-county or multicounty-municipal jail facilities,             5,908        

workhouses, and correctional centers; and up to 100 per cent of    5,909        

the total allowable cost of the project in the case of                          

multicounty or multicounty-municipal correctional centers that     5,910        

meet the following qualifications:                                 5,911        

      (A)  Are authorized under sections 153.61 and 307.93 of the  5,913        

Revised Code;                                                      5,914        

      (B)  Are constructed under the auspices of a corrections     5,916        

commission consisting of at least three counties; and              5,917        

                                                          132    


                                                                 
      (C)  With a cost per bed not in excess of seventy-five       5,920        

thousand dollars.                                                               

      The funding authorized under this section shall not be       5,922        

applied to any project involving the construction of a county,     5,923        

multi-county, municipal-county, or multicounty-municipal jail      5,924        

facility or workhouse, including a correctional center             5,925        

established under sections 153.61 and 307.93 of the Revised Code,               

unless the facility, workhouse, or correctional center will be     5,926        

built in compliance with "The Minimum Standards for Jails in       5,927        

Ohio" and the plans have been approved in accordance with section  5,928        

5103.18 of the Revised Code.  In addition, the funding authorized  5,929        

under this section shall not be applied to any project involving   5,930        

the renovation of a county, multi-county, municipal-county, or     5,931        

multicounty-municipal jail facility or workhouse, including a      5,932        

correctional center established under sections 153.61 and 307.93                

of the Revised Code, unless the renovation is for the purpose of   5,933        

bringing the facility, workhouse, or correctional center into      5,934        

compliance with "The Minimum Standards for Jail in Ohio" and the   5,935        

plans have been approved in accordance with section 5103.18 of     5,936        

the Revised Code.                                                               

      From the foregoing appropriation item CAP-002, Local Jails,  5,938        

the Department of Rehabilitation and Correction may use up to      5,939        

$250,000 to contract for services necessary to develop a           5,940        

site-adaptable, cost-effective, prototype jail design, including   5,941        

architectural drawings, to be made available by the department to               

local jurisdictions for use in jail design and construction.       5,942        

      Section 17.02.  Community-Based Correctional Facilities      5,944        

      The Department of Rehabilitation and Correction is hereby    5,946        

authorized to designate to the Ohio Building Authority the sites   5,947        

of, and, notwithstanding any provisions to the contrary contained  5,948        

in Chapter 152. or 153. of the Revised Code, to review the         5,949        

renovation or construction of, the single county and district      5,950        

community-based correctional facilities funded by the foregoing    5,951        

appropriation item CAP-003, Community-Based Correctional           5,952        

                                                          133    


                                                                 
Facilities.                                                                     

      Pickaway Sludge Removal                                      5,954        

      The foregoing appropriation item CAP-026, Waste Water        5,956        

Treatment Improvements - Statewide, shall be used for sludge       5,957        

removal system improvements at Pickaway Correctional Institution.  5,958        

      Section 17.03.  Community Residential Program Renovations    5,960        

      The foregoing appropriation item CAP-041, Community          5,962        

Residential Program, may be used to award grants, or to reimburse  5,963        

government entities, or private nonprofit organizations, for the   5,964        

construction of halfway houses for prisoners who are released on   5,965        

parole by the Adult Parole Authority or for the renovation of      5,966        

existing buildings for use as halfway houses for those released    5,967        

prisoners, pursuant to section 5120.103 of the Revised Code.                    

      Section 18.  The Ohio Building Authority is hereby           5,969        

authorized to issue and sell, in accordance with the provisions    5,970        

of Section 2i of Article VIII, Ohio Constitution, and Chapter      5,971        

152. and section 307.021 of the Revised Code, original             5,972        

obligations in an aggregate principal amount not to exceed         5,973        

$224,000,000 in addition to the original issuance of obligations   5,974        

heretofore authorized by prior acts of the General Assembly to     5,975        

pay costs associated with previously authorized capital            5,976        

facilities and the capital facilities in Sections 17 and 17.01 to  5,977        

17.03 of this act for the Department of Rehabilitation and         5,978        

Correction, the owners or holders of which shall have no right to  5,979        

have excises or taxes levied by the General Assembly for the       5,980        

payment of principal or interest thereon.                          5,981        

      Section 19.  All items set forth in this section are hereby  5,983        

appropriated out of any moneys in the state treasury to the        5,984        

credit of the Juvenile Correctional Building Fund (Fund 028).      5,985        

Revenues to the Juvenile Correctional Building Fund shall consist  5,986        

of proceeds of obligations authorized to pay costs of capital      5,987        

facilities as defined in section 152.09 of the Revised Code for    5,988        

the Department of Youth Services.                                  5,989        

                                                   Appropriations  5,991        

                                                          134    


                                                                 
                                                                   5,992        

                DYS  DEPARTMENT OF YOUTH SERVICES                               

CAP-801  Fire Suppression, Safety, and Security                    5,994        

         Renovations                            $    2,000,000     5,995        

CAP-803  General Institutional Renovations      $    3,466,386     5,997        

CAP-812  Community Rehabilitation Centers       $    3,963,366     5,999        

CAP-821  Construct Maximum Security Facility    $    4,000,000     6,001        

CAP-825  Food Service, Storeroom, Laundry, and                     6,002        

         Fence Renovations - Mohican Youth                         6,003        

         Center                                 $      600,000     6,004        

CAP-828  Multi-Agency Radio Communications                         6,005        

         System Equipment                       $      400,000     6,006        

CAP-829  Local Juvenile Detention Centers       $    2,397,123     6,008        

CAP-833  Security Renovations - Indian River    $    4,793,125     6,010        

CAP-834  Health and Safety Unit Renovations -                      6,011        

         Riverview                              $    3,780,000     6,012        

Total Department of Youth Services              $   25,400,000     6,014        

Total Juvenile Correctional Building Fund       $   25,400,000     6,016        

      Section 19.01.  Community Rehabilitation Centers             6,019        

      From the foregoing appropriation item CAP-812, Community     6,021        

Rehabilitation Centers, the Department of Youth Services shall     6,022        

designate the projects involving the construction and renovation   6,023        

of single county and multi-county community corrections            6,024        

facilities for which the Ohio Building Authority is authorized to  6,025        

issue obligations.                                                 6,026        

      The Department of Youth Services is authorized to review     6,028        

and approve the renovation and construction of projects for which  6,029        

funds are provided.  The proceeds of any obligations authorized    6,030        

under this section shall not be applied to any such facilities     6,031        

that are not designated and approved by the Department of Youth    6,032        

Services.                                                          6,033        

      The Department of Youth Services shall adopt guidelines to   6,035        

accept and review applications and designate projects.  Those      6,036        

guidelines shall require the county or counties to justify the     6,037        

                                                          135    


                                                                 
need for the facility and to comply with timelines for the         6,038        

submission of documentation pertaining to the site, program, and   6,039        

construction.                                                      6,040        

      For purposes of this section, "community corrections         6,042        

facilities" has the same meaning as in section 5139.36 of the      6,044        

Revised Code.                                                                   

      Section 19.02.  Local Juvenile Detention Centers             6,046        

      From the foregoing appropriation item CAP-829, Local         6,048        

Juvenile Detention Centers, the Department of Youth Services       6,050        

shall designate the projects involving the construction and        6,051        

renovation of county and multi-county juvenile detention centers   6,052        

for which the Ohio Building Authority is authorized to issue                    

obligations.                                                       6,053        

      The Department of Youth Services is authorized to review     6,055        

and approve the renovation and construction of projects for which  6,056        

funds are provided.  The proceeds of any obligations authorized    6,057        

under this section shall not be applied to any such facilities     6,058        

that are not designated by the Department of Youth Services.       6,059        

      The Department of Youth Services shall comply with the       6,061        

guidelines set forth below, accept and review applications,        6,063        

designate projects, and determine the amount of state match                     

funding to be applied to each project.  The department shall,      6,064        

with the advice of the county or counties participating in a       6,066        

project, determine the funded design capacity of the detention     6,067        

centers that are designated to receive funding.  Notwithstanding   6,068        

any provisions to the contrary contained in Chapter 152. or 153.   6,069        

of the Revised Code, the Department of Youth Services is                        

authorized to coordinate, review, and monitor the drawdown and     6,070        

use of funds for the renovation and construction of projects for   6,071        

which designated funds are provided.                               6,072        

      (A)  The Department of Youth Services shall develop a        6,074        

weighted numerical formula to determine the amount, if any, of     6,075        

state match that may be provided to a single or multi-county       6,076        

detention center project.  The formula shall include the factors   6,077        

                                                          136    


                                                                 
specified below in division (A)(1) of this section and may         6,078        

include the factors specified below in division (A)(2) of this                  

section.  The weight assigned to the factors specified in          6,079        

division (A)(1) of this section shall be no less than twice the    6,080        

weight assigned to factors specified in division (A)(2) of this    6,081        

section:                                                                        

      (1)(a)  The number of detention center beds needed in the    6,083        

county or group of counties, as estimated by the Department of     6,085        

Youth Services, is significantly more than the number of beds      6,086        

currently available;                                                            

      (b)  Any existing detention center in the county or group    6,088        

of counties does not meet health, safety, or security standards    6,089        

for detention centers as established by the Department of Youth    6,091        

Services;                                                                       

      (c)  The Department of Youth Services projects that the      6,093        

county or group of counties have a need for a sufficient number    6,095        

of detention beds to make the project economically viable.         6,096        

      (2)(a)  The percentage of children in the county or group    6,098        

of counties living below the poverty level is above the state      6,099        

average;                                                                        

      (b)  The per capita income in the county or group of         6,101        

counties is below the state average.                               6,102        

      (B)  The formula developed by the Department of Youth        6,104        

Services shall yield a percentage of state match ranging from 0    6,105        

per cent to 60 per cent based on the above factors.                6,106        

Notwithstanding the foregoing provisions, if a single county or    6,107        

multi-county system currently has no detention center beds, or if               

the projected need for detention center beds as estimated by the   6,108        

Department of Youth Services is greater than 120 per cent of       6,109        

current detention center bed capacity, then the percentage of      6,110        

state match shall be 60 per cent.  To determine the dollar amount  6,111        

of the state match for new construction projects, the percentage   6,112        

of state match shall be multiplied by $105,000 per bed for         6,113        

detention centers with a design capacity of 99 beds or less, and   6,114        

                                                          137    


                                                                 
by $130,000 per bed for detention centers with a design capacity                

of 100 beds or more.  To determine the dollar amount of the state  6,115        

match for renovation projects the percentage match shall be        6,116        

multiplied by the actual cost of the renovation, provided that     6,117        

the cost of the renovation does not exceed $80,000 per bed.  The   6,118        

funding authorized under this section that may be applied to a     6,119        

construction or renovation project shall not exceed the actual                  

cost of the project.                                               6,120        

      The funding authorized under this section shall not be       6,122        

applied to any project unless the detention center will be built   6,123        

in compliance with health, safety, and security standards for      6,124        

detention centers as established by the Department of Youth        6,125        

Services.  In addition, the funding authorized under this section               

shall not be applied to the renovation of a detention center       6,126        

unless the renovation is for the purpose of increasing the number  6,127        

of beds in the center, or to meet health, safety, or security      6,128        

standards for detention centers as established by the Department   6,129        

of Youth Services.                                                              

      Section 20.  The Ohio Building Authority is hereby           6,131        

authorized to issue and sell, in accordance with the provisions    6,132        

of Section 2i of Article VIII, Ohio Constitution, and Chapter      6,133        

152. and other applicable sections of the Revised Code, original   6,134        

obligations in an aggregate principal amount not to exceed         6,135        

$25,000,000 in addition to the original issuance of obligations    6,136        

heretofore authorized by prior acts of the General Assembly.       6,137        

These authorized obligations shall be issued to pay the costs      6,138        

associated with previously authorized capital facilities and the   6,139        

capital facilities in Sections 19, 19.01, and 19.02 of this act    6,140        

for the Department of Youth Services, the owners or holders of     6,142        

which shall have no right to have excises or taxes levied by the   6,143        

General Assembly for the payment of principal or interest          6,144        

thereon.                                                                        

      Section 21.  All items set forth in this section are hereby  6,146        

appropriated out of any moneys in the state treasury to the        6,147        

                                                          138    


                                                                 
credit of the Arts Facilities Building Fund (Fund 030).  Revenues  6,149        

to the Arts Facilities Building Fund shall consist of proceeds of  6,150        

obligations authorized to pay costs of the following capital       6,151        

improvements:                                                                   

                                                   Appropriations  6,152        

                                                                   6,153        

                 AFC  ARTS FACILITIES COMMISSION                                

CAP-001  National Aviation Hall of Fame         $    1,100,000     6,156        

CAP-004  Valentine Theatre                      $    3,500,000     6,158        

CAP-005  Center for Science and Industry -                         6,159        

         Columbus                               $    5,500,000     6,160        

CAP-010  Sandusky State Theatre Improvements    $      500,000     6,162        

CAP-013  Stambaugh Hall Improvements            $      625,000     6,164        

CAP-033  Woodward Opera House Renovation        $      250,000     6,166        

CAP-037  Canton Palace Theatre Renovations      $      800,000     6,168        

CAP-044  National Underground Railroad Freedom                     6,169        

         Center                                 $      500,000     6,170        

CAP-045  Cincinnati Contemporary Arts Center    $    3,500,000     6,172        

CAP-046  Cincinnati Museum Center Improvements  $      525,000     6,174        

CAP-048  John and Annie Glenn Museum            $      600,000     6,176        

CAP-049  Ohio Theatre Improvements              $    3,000,000     6,178        

CAP-051  Akron Civic Theatre Improvements       $      600,000     6,180        

CAP-052  Akron Art Museum                       $    1,000,000     6,182        

CAP-055  WACO Museum and Aviation Learning                         6,183        

         Center                                 $      500,000     6,184        

CAP-056  Ohio Center of Agriculture and                            6,185        

         Industrial Technology Heritage Center  $    3,500,000     6,187        

CAP-058  Cedar Bog Nature Preserve Education                       6,188        

         Center                                 $    1,000,000     6,189        

CAP-061  Statewide Arts Facilities Planning     $      500,000     6,191        

CAP-063  Robins Theatre Project                 $       50,000     6,193        

CAP-702  Campus Martius Museum Renovations      $      140,000     6,195        

CAP-734  Hayes Presidential Center - Museum and                    6,196        

         Home Improvements                      $    1,000,000     6,197        

                                                          139    


                                                                 
CAP-735  Paul Lawrence Dunbar House             $      100,000     6,199        

CAP-741  Adena State Memorial Renovations       $      350,000     6,201        

CAP-742  Ft. Meigs Museum and Exhibit                              6,202        

         Improvements                           $    2,960,000     6,203        

CAP-744  Zoar Village Visitor Center and                           6,204        

         Building Renovations                   $      875,000     6,205        

CAP-753  Buffington Island State Memorial                          6,206        

         Improvements                           $      100,000     6,207        

CAP-757  Schoenbrunn Village Restoration and                       6,208        

         Renovations                            $      211,000     6,209        

CAP-758  Ft. Laurens Building and Site                             6,210        

         Improvements                           $      100,000     6,211        

CAP-770  Serpent Mound State Memorial                              6,212        

         Improvements                           $      295,000     6,213        

CAP-780  Harding Home State Memorial                               6,214        

         Restorations                           $      390,000     6,215        

CAP-781  Historical Center - Archives and                          6,216        

         Library Automation                     $      450,000     6,217        

CAP-784  Ohio Historical Center Rehabilitation  $      800,000     6,219        

CAP-788  Tallmadge Church Building Restoration  $      250,000     6,221        

CAP-789  Neil Armstrong Air and Space Museum                       6,222        

         Improvements                           $      315,000     6,223        

CAP-791  Harrison's Tomb and Site Renovations   $       16,000     6,225        

CAP-795  Local and Wide-area Networks           $      300,000     6,227        

CAP-796  Moundbuilders State Memorial                              6,228        

         Improvements                           $      530,000     6,229        

CAP-797  National Afro-American Museum                             6,230        

         Improvements                           $      300,000     6,231        

CAP-798  Multi-Site Fire and Security System                       6,232        

         Improvements                           $      100,000     6,233        

CAP-799  Capitol City Exhibit Feasibility       $       50,000     6,235        

CAP-800  Indian Mill State Memorial                                6,236        

         Improvements                           $      112,000     6,237        

Total Arts Facilities Commission                $   37,294,000     6,239        

                                                          140    


                                                                 
Total Arts Facilities Building Fund             $   37,294,000     6,241        

      Center for Science and Industry-Columbus                     6,244        

      Of the foregoing appropriation item CAP-005, Center for      6,246        

Science and Industry-Columbus, $5,000,000 shall be used for the    6,247        

John Glenn Theatre and $500,000 shall be used for AgScience        6,248        

Experience Exhibits.                                                            

      COSI-Columbus -- Local Administration of Capital Project     6,250        

Contracts                                                                       

      Notwithstanding division (A) of section 3383.07 of the       6,252        

Revised Code, the Ohio Arts and Sports Facilities Commission,      6,253        

with respect to the foregoing appropriation item CAP-005, Center   6,254        

for Science and Industry-Columbus, is authorized to administer     6,255        

all or part of capital facilities project contracts involving      6,256        

exhibit fabrication and installation as determined by the                       

Department of Administrative Services, the Center of Science and   6,257        

and Industry-Columbus, and the Ohio Arts and Sports Facilities     6,258        

Commission in review of the project plans.  The Ohio Arts and      6,259        

Sports Facilities Commission shall enter into a contract with the  6,260        

Center of Science and Industry-Columbus to administer the exhibit  6,261        

fabrication and installation contracts, which contracts are not                 

subject to Chapter 123. or 153. of the Revised Code.               6,262        

      Schoenbrunn Village Restoration and Renovations              6,264        

      Of the foregoing appropriation item CAP-757, Schoenbrunn     6,266        

Village Restoration and Renovations, up to $30,000 shall be used   6,267        

for safety improvements related to the New Philadelphia airport.   6,268        

      Ft. Laurens Building and Site Improvements                   6,270        

      Of the foregoing appropriation item CAP-758, Ft. Laurens     6,272        

Building and Site Improvements, $100,000 shall be used for the     6,273        

full reconstruction of the site as formulated by the Friends of    6,275        

Ft. Laurens Foundation.                                                         

      Section 22.  The Ohio Building Authority is hereby           6,277        

authorized to issue and sell, in accordance with the provisions    6,278        

of Section 2i of Article VIII, Ohio Constitution, and Chapter      6,279        

152. and other applicable sections of the Revised Code, original   6,281        

                                                          141    


                                                                 
obligations in an aggregate principal amount not to exceed         6,282        

$37,000,000 in addition to the original issuance of obligations    6,284        

heretofore authorized by prior acts of the General Assembly to     6,285        

pay costs of capital facilities as defined in division (A)(5) of   6,286        

section 152.09 of the Revised Code, including construction as      6,287        

defined in division (H) of section 3383.01 of the Revised Code,    6,288        

of the Ohio arts facilities designated in Section 21 of this act,  6,289        

the owners or holders of which shall have no right to have         6,291        

excises or taxes levied by the General Assembly for the payment    6,292        

of principal of or interest thereon.                                            

      Section 23.  All items set forth in this section are hereby  6,294        

appropriated out of any moneys in the state treasury to the        6,295        

credit of the Ohio Parks and Natural Resources Fund (Fund 031).    6,296        

Revenues to the Ohio Parks and Natural Resources Fund shall        6,297        

consist of proceeds of obligations authorized to pay costs of      6,298        

capital projects as defined in section 1557.01 of the Revised      6,299        

Code for the Department of Natural Resources.                      6,300        

                                                   Appropriations  6,301        

                                                                   6,302        

DNR  DEPARTMENT OF NATURAL RESOURCES STATEWIDE AND LOCAL PROJECTS  6,303        

CAP-012  Land Acquisition                       $    5,200,000     6,306        

CAP-703  Cap Abandoned Water Wells              $       50,000     6,308        

CAP-748  Local Parks Projects - Statewide       $    6,250,000     6,310        

CAP-753  Project Planning                       $    1,069,500     6,312        

CAP-784  Inland Access                          $      250,000     6,314        

CAP-788  Community Recreation Projects          $      742,000     6,316        

CAP-874  Lake Erie Access                       $    1,000,000     6,318        

CAP-875  Ohio River Access                      $      500,000     6,320        

CAP-881  Dam Rehabilitation                     $   10,842,925     6,322        

CAP-931  Wastewater/Water Systems Upgrades      $    5,750,000     6,324        

CAP-934  Operations Facilities Development      $      500,000     6,326        

CAP-999  Geographic Information Management                         6,327        

         System                                 $    2,100,000     6,328        

Total Statewide and Local Projects              $   34,254,425     6,330        

                                                          142    


                                                                 
                                                                   6,332        

                DIVISION OF CIVILIAN CONSERVATION                               

CAP-835  Civilian Conservation Facilities       $      400,000     6,334        

Total Division of Civilian Conservation         $      400,000     6,336        

                                                                   6,338        

                      DIVISION OF FORESTRY                                      

CAP-841  Operations and Maintenance Facility                       6,340        

         Development and Renovation             $      900,000     6,342        

Total Division of Forestry                      $      900,000     6,344        

                                                                   6,346        

                DIVISION OF MINES AND RECLAMATION                               

CAP-867  Reclamation Facilities Renovation and                     6,348        

         Development                            $      250,000     6,349        

Total Division of Mines and Reclamation         $      250,000     6,351        

                                                                   6,353        

                    DIVISION OF NATURAL AREAS                                   

CAP-826  Natural Areas and Preserves                               6,355        

         Maintenance/Facility Development       $      450,000     6,356        

Total Division of Natural Areas                 $      450,000     6,358        

                                                                   6,360        

                DIVISION OF PARKS AND RECREATION                                

CAP-234  State Parks Campgrounds, Lodges and                       6,362        

         Cabins                                 $    1,885,000     6,363        

CAP-331  Park Boating Facilities                $    3,090,000     6,365        

CAP-390  State Park Maintenance/Facility                           6,366        

         Development                            $      450,000     6,367        

CAP-821  State Park Dredging and Shoreline                         6,368        

         Protection                             $      326,850     6,369        

CAP-836  State Park Renovations/Upgrading       $    3,050,000     6,371        

Total Division of Parks and Recreation          $    8,801,850     6,373        

                                                                   6,375        

             DIVISION OF SOIL AND WATER CONSERVATION                            

CAP-706  Statewide Nonpoint Source                                 6,377        

         Implementation Program                 $      777,485     6,378        

                                                          143    


                                                                 
Total Division of Soil and Water Conservation   $      777,485     6,380        

                                                                   6,382        

                        DIVISION OF WATER                                       

CAP-705  Rehabilitate Canals, Hydraulic Works                      6,384        

         and Support Facilities                 $    2,000,000     6,385        

CAP-819  Rehabilitate/Automate - Ohio Ground                       6,386        

         Water Observation Well Network         $      250,000     6,388        

CAP-820  Automated Stream, Lake and Ground                         6,389        

         Water Data Collection                  $      150,000     6,390        

Total Division of Water                         $    2,400,000     6,392        

Total Department of Natural Resources           $   48,233,760     6,394        

Total Ohio Parks and Natural Resources Fund     $   48,233,760     6,396        

      Section 23.01.  Local Parks Projects - Statewide             6,399        

      The foregoing appropriation item CAP-748, Local Parks        6,401        

Projects - Statewide, shall be used for grants for local parks     6,402        

projects.  Of the total amount appropriated, $250,000 represents   6,403        

amounts that were previously appropriated and allocated to         6,404        

counties pursuant to division (D) of section 1557.06 of the                     

Revised Code, and encumbered for local project grants.  The        6,405        

existing encumbrances for these local projects in the various      6,406        

counties shall be canceled by the Director of Budget and           6,407        

Management or the Director of Natural Resources.  The Director of  6,408        

Natural Resources shall allocate the $250,000 to the same          6,409        

counties the moneys were originally allocated to, in the amount                 

of the canceled encumbrances.                                      6,410        

      Dam Rehabilitation                                           6,412        

      Of the foregoing appropriation item CAP-881, Dam             6,414        

Rehabilitation, up to $5,000,000 shall be used to rehabilitate     6,415        

the Muskingum River Locks and Dams and $1,250,000 shall be used    6,416        

for improvements to Pleasant Run Creek Levy.                                    

      Community Recreation Projects                                6,418        

      Of the foregoing appropriation item CAP-788, Community       6,420        

Recreation Projects, $10,000 shall be used for Goodale Park        6,421        

Improvements; $20,000 shall be used for Grove City Park            6,422        

                                                          144    


                                                                 
Improvements; $100,000 shall be used for Chagrin Falls Park;                    

$10,000 shall be used for West Fork Park; $10,000 shall be used    6,423        

for Holmes County Park District; $18,000 shall be used for Mentor  6,424        

Beach Park Improvements; $32,000 shall be used for Willowick Park  6,425        

Improvements; $60,000 shall be used for Leighty Lake Restoration   6,426        

Project; $300,000 shall be used for Firestone Park Improvements;   6,427        

$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     6,428        

Hamilton Township Park at Foster.                                  6,429        

      State Park Dredging and Shoreline Protection                 6,431        

      Of the foregoing appropriation item CAP-821, State Park      6,433        

Dredging and Shoreline Protection, $200,000 shall be used for      6,434        

Muskingum Conservancy District - Charles Mill Lake Dredging and    6,435        

$126,850 shall be used for Beaver Creek Erosion Control Project.   6,436        

      Section 24.  The Commissioners of the Sinking Fund, upon     6,438        

the request of the Director of Natural Resources, are hereby       6,439        

authorized to issue and sell, in accordance with Section 2l of     6,440        

Article VIII, Ohio Constitution, and Chapter 1557. of the Revised  6,441        

Code, bonds or other obligations of the State of Ohio in an        6,442        

aggregate amount not to exceed $48,000,000 of original issuance    6,443        

obligations in addition to the original issuance of obligations    6,444        

heretofore authorized by prior acts of the General Assembly.       6,445        

The obligations shall be dated, issued, and sold from time to      6,447        

time in such amounts as may be necessary to provide sufficient     6,448        

moneys to the credit of the Ohio Parks and Natural Resources Fund  6,449        

(Fund 031) created in section 1557.04 of the Revised Code to pay   6,450        

costs charged to the fund when due as estimated by the Director    6,451        

of Natural Resources, provided, however, that such obligations     6,452        

shall be issued and sold at such time or times so that not more    6,453        

than $50,000,000 original principal amount of obligations may be   6,454        

issued in any fiscal year and not more than $200,000,000 original  6,455        

principal amount of obligations issued pursuant to Section 2l of   6,456        

Article VIII, Ohio Constitution, and Chapter 1557. of the Revised  6,457        

Code are outstanding at any one time.                              6,458        

                                                          145    


                                                                 
      Section 25.  For the projects appropriated in Sections 23    6,460        

and 23.01 of this act, the Ohio Department of Natural Resources    6,462        

shall periodically prepare and submit to the Director of Budget    6,463        

and Management the estimated design, planning, and engineering     6,464        

costs of capital-related work to be done by the Department of                   

Natural Resources for each project.  Based on the estimates, the   6,465        

Director of Budget and Management may release appropriations from  6,466        

the foregoing appropriation item CAP-753, Project Planning, to     6,467        

pay for design, planning, and engineering costs incurred by the    6,468        

Department of Natural Resources for such projects.  Upon release   6,469        

of the appropriations by the Director of Budget and Management,    6,470        

the Department of Natural Resources shall pay for these expenses                

from Fund 4S9, Capital Expenses, and be reimbursed by Fund 031     6,471        

using an intrastate voucher.                                       6,472        

      Section 26.  (A)  All items set forth in this section are    6,474        

hereby appropriated out of any moneys in the state treasury to     6,475        

the credit of the School Building Program Assistance Fund (Fund    6,476        

032) created under section 3318.25 of the Revised Code, derived    6,477        

from the proceeds of obligations heretofore and herein authorized  6,478        

to pay the cost to the state of acquiring classroom facilities     6,479        

for sale to school districts pursuant to sections 3318.01 to       6,480        

3318.20 of the Revised Code.                       Appropriations  6,482        

                                                                   6,483        

                SFC  SCHOOL FACILITIES COMMISSION                               

CAP-737  School Building Program Assistance     $  355,000,000     6,486        

Total School Facilities Commission              $  355,000,000     6,488        

Total School Building Program Assistance Fund   $  355,000,000     6,490        

      School Building Program Assistance                           6,493        

      The foregoing appropriation item CAP-737, School Building    6,495        

Program Assistance, shall be used by the School Facilities         6,496        

Commission to provide funding to school districts that receive     6,497        

conditional approval from the Commission pursuant to Chapter       6,498        

3318. of the Revised Code.                                                      

      Commitments by the School Facilities Commission              6,500        

                                                          146    


                                                                 
      The School Facilities Commission shall not commit at least   6,502        

$300 million of the combined amounts of the foregoing              6,503        

appropriations items CAP-622, Public School Buildings (Fund 021),  6,504        

and CAP-737, Public School Building Assistance (Fund 032), until   6,505        

after June 30, 1999.                                                            

      (B)(1)  As used in this division:                            6,507        

      (a)  "Low wealth school district" means a school district    6,509        

in the lowest fifty per cent of adjusted valuation per pupil on    6,510        

the fiscal year 1999 ranking of school districts, established      6,511        

pursuant to section 3317.02 of the Revised Code.                   6,512        

      (b)  A "school district with an exceptional need for         6,514        

immediate facility assistance" means a school district with an     6,515        

exceptional need for new facilities in order to protect the        6,516        

health and safety of all or a portion of its students.   School    6,517        

districts reasonably expected to be served by the Classroom        6,518        

Facilities Assistance Program prior to June 30, 2002, in order     6,519        

provided under divisions (C)(1) and (2) of section 3318.06 of the  6,520        

Revised Code are excluded from participating in this exceptional   6,521        

needs pilot program.                                                            

      (2)  Of the $300,000,000 the School Facilities Commission    6,523        

shall not commit until after June 30, 1999, the School Facilities  6,524        

Commission may set aside up to ten per cent for the pilot program  6,526        

for low wealth school districts with exceptional needs for         6,527        

immediate classroom facility assistance.                                        

      (3)(a)  After consulting with education and construction     6,529        

experts, the School Facilities Commission shall adopt guidelines   6,530        

for identifying school districts with an exceptional need for      6,531        

immediate classroom facility assistance.                           6,532        

      (b)  The guidelines shall include application forms and      6,534        

instructions for school districts that believe they have an        6,535        

exceptional need for immediate classroom facility assistance.      6,536        

      (4)  The School Facilities Commission shall evaluate the     6,538        

classroom facilities, and the need for replacement classroom       6,539        

facilities from the applications received under this section.      6,540        

                                                          147    


                                                                 
The School Facilities Commission, utilizing the guidelines         6,541        

adopted pursuant to division (B)(3) of this section, shall                      

prioritize the school districts to be assessed.                    6,542        

      In accordance with division (C)(3) of section 3318.02 of     6,544        

the Revised Code, the School Facilities Commission may conduct     6,545        

on-site evaluation of the school districts prioritized under this  6,546        

section and approve and award funds until such time as all funds   6,548        

set aside pursuant to division (B)(2) of this section have been    6,549        

encumbered pursuant to section 3318.04 of the Revised Code.                     

      Section 27.  The Treasurer of State is hereby authorized to  6,551        

issue and sell, in accordance with the provisions of Section 2i    6,552        

of Article VIII, Ohio Constitution, and section 3318.26 of the     6,553        

Revised Code, original obligations in an aggregate principal       6,554        

amount not to exceed $355,000,000 in addition to the original      6,555        

issuance of obligations heretofore authorized by prior acts of                  

the General Assembly.  These authorized obligations shall be used  6,556        

to provide funds for the appropriations in Section 26 of this act  6,557        

for the School Building Assistance Program Fund for the School     6,558        

Facilities Commission to distribute in accordance with their       6,559        

rules and guidelines pursuant to Chapter 3318. of the Revised      6,560        

Code, the owners or holders of which shall have no right to have   6,561        

excises or taxes levied by the General Assembly for the payment    6,562        

of principal or interest thereon.                                               

      Section 28.  All items set forth in Sections 28.01 to 28.03  6,564        

are hereby appropriated out of any moneys in the state treasury    6,565        

to the credit of the Mental Health Facilities Improvement Fund     6,566        

(Fund 033) created by division (F) of section 154.20 of the        6,567        

Revised Code, derived from the proceeds of obligations heretofore  6,568        

and herein authorized, to pay costs of capital facilities as       6,569        

defined in section 154.01 of the Revised Code, for mental hygiene  6,570        

and retardation.                                                                

                                                   Appropriations  6,572        

      Section 28.01.  ADA  DEPARTMENT OF ALCOHOL AND DRUG          6,575        

                       ADDICTION SERVICES                          6,575        

                                                          148    


                                                                 
CAP-002  Community Assistance Projects          $    2,000,000     6,578        

Total Department of Alcohol and Drug Addiction                     6,579        

   Services                                     $    2,000,000     6,581        

      Section 28.02.  DMH  DEPARTMENT OF MENTAL HEALTH             6,584        

CAP-092  Hazardous Materials Abatement          $      750,000     6,588        

CAP-479  Community Assistance Projects          $   11,500,000     6,590        

CAP-906  Campus Consolidation/Automation        $    2,500,000     6,592        

CAP-946  Demolition                             $      750,000     6,594        

CAP-976  Life Safety/Critical Plant Renovations $    1,128,000     6,596        

CAP-977  Patient Care/Environment Improvements  $   21,362,215     6,598        

CAP-978  Infrastructure Renovations             $    3,500,000     6,600        

CAP-981  Emergency Improvements                 $    1,000,000     6,602        

Total Department of Mental Health               $   42,490,215     6,604        

      Section 28.03.  DMR  DEPARTMENT OF MENTAL RETARDATION AND    6,608        

                     DEVELOPMENTAL DISABILITIES                    6,608        

                                                   Appropriations  6,610        

CAP-480  Community Assistance Projects          $   13,840,000     6,613        

CAP-955  Statewide Developmental Center                            6,614        

         Improvements                           $    1,682,396     6,615        

CAP-956  Apple Creek Developmental Center                          6,616        

         Improvements                           $      600,000     6,617        

CAP-957  Cambridge Developmental Center                            6,618        

         Improvements                           $      600,000     6,619        

CAP-958  Columbus Developmental Center                             6,620        

         Improvements                           $    1,130,000     6,621        

CAP-959  Gallipolis Developmental Center                           6,622        

         Improvements                           $      930,000     6,623        

CAP-960  Montgomery Developmental Center                           6,624        

         Improvements                           $      790,000     6,625        

CAP-962  Mt. Vernon Developmental Center                           6,626        

         Improvements                           $      950,000     6,627        

CAP-963  Northwest Ohio Developmental Center                       6,628        

         Improvements                           $    1,225,000     6,629        

                                                          149    


                                                                 
CAP-964  Southwest Ohio Developmental Center                       6,630        

         Improvements                           $      780,000     6,631        

CAP-965  Springview Developmental Center                           6,632        

         Improvements                           $      885,000     6,633        

CAP-966  Tiffin Developmental Center                               6,634        

         Improvements                           $      550,000     6,635        

CAP-967  Warrensville Developmental Center                         6,636        

         Improvements                           $      510,000     6,637        

CAP-968  Youngstown Developmental Center                           6,638        

         Improvements                           $      800,000     6,639        

Total Department of Mental Retardation                             6,640        

   and Developmental Disabilities               $   25,272,396     6,642        

Total Mental Health Facilities Improvement Fund $   69,762,611     6,644        

      Community Assistance Projects                                6,647        

      The foregoing appropriation item CAP-480, Community          6,649        

Assistance Projects, may be used to provide community assistance   6,650        

funds for the construction or renovation of facilities for day     6,651        

programs or residential programs that provide services to persons  6,652        

eligible for services from the Department of Mental Retardation    6,653        

and Developmental Disabilities or county boards of mental          6,654        

retardation and developmental disabilities.  Any funds provided    6,655        

to nonprofit agencies for the construction or renovation of        6,657        

facilities for persons eligible for services from the Department   6,658        

of Mental Retardation and Developmental Disabilities and county    6,659        

boards of mental retardation and developmental disabilities shall  6,660        

be governed by the prevailing wage provisions in section 176.05    6,661        

of the Revised Code.  Of the foregoing appropriation item          6,662        

CAP-480, Community Assistance Projects, $90,000 shall be used for  6,663        

the Whetstone School in Morrow County.                                          

      Section 28.04.  The foregoing capital improvements for       6,665        

which appropriations are made in Sections 28 and 28.01 to 28.03    6,666        

of this act are determined to be capital improvements and capital  6,668        

facilities for mental hygiene and retardation, and shall be                     

designated as the capital facilities to which proceeds of          6,669        

                                                          150    


                                                                 
obligations in the Mental Health Facilities Improvement Fund,      6,670        

created by section 154.20 of the Revised Code, are to be applied.  6,671        

The foregoing appropriations for the Department of Alcohol and     6,672        

Drug Addiction Services, CAP-002, Community Assistance Projects;                

Department of Mental Health, CAP-479, Community Assistance         6,673        

Projects; and Department of Mental Retardation and Developmental   6,674        

Disabilities, CAP-480, Community Assistance Projects, may be used  6,676        

on facilities constructed or to be constructed pursuant to                      

Chapter 340., 3793., 5119., 5123., or 5126. of the Revised Code    6,677        

or the authority granted by section 154.20 of the Revised Code     6,679        

and the rules issued pursuant to those chapters and shall be       6,681        

distributed by the Department of Alcohol and Drug Addiction        6,682        

Services, the Department of Mental Health, and the Department of   6,683        

Mental Retardation and Developmental Disabilities, subject to      6,684        

Controlling Board approval.  All other appropriations provided in               

Sections 28.01 to 28.03 of this act are made to the Ohio Public    6,685        

Facilities Commission for application to the purpose for which     6,686        

appropriated through the exercise of its powers under Chapter      6,687        

154. of the Revised Code, including, where appropriate,            6,688        

provisions thereunder for the production of revenues and receipts  6,689        

for bond service charges on such obligations.                                   

      Section 28.05.  (A)  No capital improvement appropriations   6,691        

made in Sections 28.01 to 28.03 of this act shall be released for  6,692        

planning or for improvement, renovation, or construction or        6,694        

acquisition of capital facilities if a governmental agency, as                  

defined in section 154.01 of the Revised Code, does not own the    6,695        

real property that constitutes the capital facilities or on which  6,696        

the capital facilities are or will be located.  This restriction   6,697        

shall not apply in any of the following circumstances:             6,698        

      (1)  The governmental agency has a long-term (at least       6,700        

fifteen years) lease of, or other interest (such as an easement)   6,701        

in, the real property.                                                          

      (2)  In the case of an appropriation for capital facilities  6,703        

for mental hygiene and retardation which, because of their unique  6,704        

                                                          151    


                                                                 
nature or location, will be owned or be part of facilities owned   6,705        

by a separate nonprofit organization and made available to the     6,706        

governmental agency for its use or operated by the nonprofit       6,707        

organization under contract with the governmental agency, the                   

nonprofit organization either owns or has a long-term (at least    6,708        

fifteen years) lease of the real property or other capital         6,709        

facility to be improved, renovated, constructed, or acquired and   6,710        

has entered into a joint or cooperative use agreement, approved    6,711        

by the Department of Mental Health, Department of Mental           6,712        

Retardation and Developmental Disabilities, or Department of       6,713        

Alcohol and Drug Addiction Services, whichever is applicable,      6,715        

with the governmental agency for that agency's use of and right    6,716        

to use the capital facilities to be financed and, if applicable,   6,717        

improved, the value of such use or right to use being, as                       

determined by the parties, reasonably related to the amount of     6,718        

the appropriation.                                                 6,719        

      (B)  In the case of capital facilities referred to in        6,721        

division (A)(2) of this section, the joint or cooperative use      6,722        

agreement shall include, as a minimum, provisions which:           6,723        

      (1)  Specify the extent and nature of that joint or          6,725        

cooperative use, extending for no fewer than fifteen years, with   6,726        

the value of such use or right to use to be, as determined by the  6,727        

parties and approved by the approving department, reasonably       6,728        

related to the amount of the appropriation;                                     

      (2)  Provide for pro rata reimbursement to the state should  6,730        

the arrangement for joint or cooperative use by a governmental     6,731        

agency be terminated;                                                           

      (3)  Provide that procedures to be followed during the       6,733        

capital improvement process will comply with appropriate           6,734        

applicable state laws and rules, including provisions of this      6,735        

act.                                                                            

      Section 29.  The Ohio Public Facilities Commission is        6,737        

hereby authorized to issue and sell, in accordance with the        6,739        

provisions of Section 2i of Article VIII, Ohio Constitution, and   6,740        

                                                          152    


                                                                 
Chapter 154. of the Revised Code, particularly section 154.20 of   6,741        

the Revised Code, obligations in an aggregate principal amount                  

not to exceed $64,000,000 in addition to the original issuance of  6,742        

obligations heretofore authorized by prior acts of the General     6,743        

Assembly to pay costs of capital facilities for mental hygiene     6,744        

and retardation, the owners or holders of which shall have no      6,745        

right to have excises or taxes levied by the General Assembly for  6,746        

the payment of principal or interest thereon.                                   

      Section 30.  All items set forth in Sections 30.01 to 30.45  6,748        

are hereby appropriated out of any moneys in the state treasury    6,749        

to the credit of the Higher Education Improvement Fund (Fund 034)  6,750        

created by division (F) of section 154.21 of the Revised Code,     6,751        

derived from the proceeds of obligations heretofore and herein     6,752        

authorized to pay the costs of capital facilities as defined in    6,753        

section 154.01 of the Revised Code, for state-supported and                     

state-assisted institutions of higher education.                   6,754        

                                                   Appropriations  6,756        

      Section 30.01.  OEB  OHIO EDUCATIONAL                        6,759        

              TELECOMMUNICATIONS NETWORK COMMISSION                6,759        

CAP-001  Educational TV and Radio Equipment     $    3,618,681     6,762        

Total Ohio Educational Telecommunications                          6,763        

  Network Commission                            $    3,618,681     6,765        

      Educational Television and Radio Equipment                   6,768        

      The foregoing appropriation item CAP-001, Educational        6,770        

Television and Radio Equipment, shall be used to provide           6,771        

broadcasting, transmission, and production equipment to Ohio       6,772        

public radio and television stations, radio reading services, and  6,773        

the Ohio Educational Telecommunications Network Commission.                     

      Section 30.02.  BOARD OF REGENTS AND STATE INSTITUTIONS      6,776        

                      OF HIGHER EDUCATION                          6,777        

                      BOR  BOARD OF REGENTS                        6,777        

CAP-025  Instructional and Data Processing                         6,779        

         Equipment                              $   33,000,000     6,780        

CAP-029  Ohio Library and Information Network   $    6,535,000     6,782        

                                                          153    


                                                                 
CAP-030  Supercomputer Center Expansion         $   14,250,000     6,784        

CAP-031  Ohio Aerospace Institute - Building                       6,785        

         Improvements                           $      300,000     6,786        

CAP-032  Research Facility and Investment Loans                    6,787        

         and Grants                             $   20,000,000     6,788        

CAP-033  Child Care Facilities - Matching                          6,789        

         Grants                                 $    1,500,000     6,790        

CAP-055  Book Depository - OSU                  $    1,800,000     6,792        

CAP-057  Book Depository - MUN                  $    2,200,000     6,794        

CAP-060  Technology Initiatives                 $   10,000,000     6,796        

CAP-061  Central State Rehabilitation           $    4,250,000     6,798        

CAP-062  Non-Credit Job Training Facilities                        6,799        

         Grants                                 $    6,300,000     6,800        

CAP-063  Non-Profit Research Capital Support    $    8,000,000     6,802        

Total Board of Regents                          $  108,135,000     6,804        

      Section 30.03.  Research Facility Investment Loans and       6,807        

Grants                                                                          

      The foregoing appropriation item CAP-032, Research Facility  6,809        

and Investment Loans and Grants, shall be used for a program of    6,810        

grants or revolving loans, or both, to be administered by the      6,812        

Board of Regents to provide timely availability of capital         6,813        

facilities for research programs and research-oriented                          

instructional programs at or involving state-supported and         6,814        

state-assisted institutions of higher education.                   6,815        

      The Board of Regents shall develop rules in accordance with  6,817        

Chapter 119. of the Revised Code relative to the application for   6,818        

and approval of projects funded from appropriation item CAP-032,   6,819        

Research Facility and Investment Loans and Grants.  Such rules     6,820        

shall be reviewed and approved by the Legislative Committee on     6,821        

Education Oversight.  The Board of Regents shall inform the                     

President of the Senate and the Speaker of the House of            6,823        

Representatives of each project application for funding received.  6,824        

Each project receiving a commitment for funding by the Board of    6,825        

Regents under the rules shall be reported to the President of the               

                                                          154    


                                                                 
Senate and the Speaker of the House of Representatives.            6,826        

      Section 30.04.  Child Care Facilities - Matching Grants      6,828        

      The foregoing appropriation item CAP-033, Child Care         6,830        

Facilities - Matching Grants, shall be used by the Board of        6,831        

Regents to make grants to state-supported or state-assisted        6,832        

institutions of higher education for projects to expand,           6,833        

construct, or renovate space for child care centers.  All grants   6,834        

shall be awarded on a 50 per cent match basis.  In making grant                 

awards, the Board of Regents shall give priority to:               6,835        

      (A)  Projects located at state-supported or state-assisted   6,838        

institutions without child care facilities;                                     

      (B)  Projects for which the principal clients are children   6,840        

of students enrolled at the institution; and                       6,841        

      (C)  Projects where the facility will be used as a           6,844        

classroom/training lab for child care/preschool certification                   

programs.                                                                       

      Section 30.05.  Technology Initiatives                       6,846        

      In order to determine a method for awarding grants from      6,848        

this appropriation item, the Board of Regents shall form a         6,849        

consultation group including, but not limited to, representatives  6,850        

of state colleges and universities, the Office of Budget and       6,851        

Management, the Legislative Budget Office of the Legislative                    

Service Commission, and the Legislative Office of Education        6,853        

Oversight.                                                                      

      Section 30.06.  Non-Profit Research Capital Support          6,855        

      There is hereby created the Non-Profit Research Capital      6,857        

Support Task Force which shall consist of the Chancellor of the    6,858        

Board of Regents, the Director of Development, and the Director    6,859        

of the Governor's Science and Technology Advisory Board.  If the   6,860        

Governor's Science and Technology Advisory Board ceases to exist,  6,861        

the Governor shall appoint a member to the Task Force.  Members    6,862        

may designate individuals to serve in their absence.                            

      The foregoing appropriation item CAP-063, Non-Profit         6,864        

Research Capital Support, shall be used for a program of grants    6,865        

                                                          155    


                                                                 
or loans to be administered by the Board of Regents for            6,866        

partnerships between nonprofit research organizations and                       

state-supported and state-assisted institutions of higher          6,867        

education for capital projects advancing science and technology    6,869        

research in Ohio.  Such loans and grants shall be awarded based    6,870        

on a competitive selection process developed and conducted by the  6,871        

Non-Profit Research Capital Support Task Force.  The Task Force    6,872        

may also develop other program guidelines necessary to the                      

successful implementation of the program including limits on the   6,873        

size of grant awards.                                                           

      Notwithstanding any provisions of law to the contrary, all   6,875        

repayments of non-profit research capital support loans shall be   6,876        

made to the Bond Service Account in the Higher Education Bond      6,877        

Service Trust Fund.  Partnership recipients of non-profit          6,878        

research capital support loans shall make timely repayments        6,879        

according to the schedule established by the Board of Regents.                  

      Section 30.07.  Reimbursements for Project Costs             6,881        

      Appropriations made in Sections 30.02 to 30.06 of this act   6,883        

for purposes of costs of capital facilities for the interim        6,884        

financing of which the particular institution has previously       6,885        

issued its own obligations anticipating the possibility of future  6,886        

state appropriations to pay all or a portion of such costs, as     6,887        

contemplated in division (B) of section 3345.12 of the Revised                  

Code, shall be paid directly to the institution or the paying      6,888        

agent for those outstanding obligations in the full principal      6,889        

amount of those obligations then to be paid from the anticipated   6,890        

appropriation, and shall be timely applied to the retirement of a  6,891        

like principal amount of the institutional obligations.                         

      Appropriations made in Sections 30.02 to 30.06 of this act   6,893        

for purposes of costs of capital facilities, all or a portion of   6,894        

which costs the particular institution has paid from the           6,895        

institution's moneys that were temporarily available and which     6,896        

payments were reasonably expected to be reimbursed from the        6,897        

proceeds of obligations issued by the state, shall be directly                  

                                                          156    


                                                                 
paid to the institution in the full amounts of those payments,     6,899        

and shall be timely applied to the reimbursement of those          6,900        

temporarily available moneys.                                                   

                                                   Appropriations  6,902        

      Section 30.08.  UAK  UNIVERSITY OF AKRON                     6,904        

CAP-008  Basic Renovations                      $    3,427,925     6,907        

CAP-049  Basic Renovations - Wayne              $      117,614     6,909        

CAP-078  HVAC Replacement, Phase II - Wayne     $      350,000     6,911        

CAP-079  Science and Technology Library                            6,912        

         Addition Phase II                      $    1,605,000     6,913        

CAP-080  University of Akron/Medina Technology                     6,914        

         Link                                   $    3,200,000     6,915        

CAP-081  Classroom/Office Building - Arts &                        6,916        

         Sciences                               $    6,420,000     6,917        

CAP-082  Polymer Engineering Building Annex     $    2,675,000     6,919        

CAP-083  Facilities Enhancements - Wayne        $      325,000     6,921        

CAP-084  Physical Education Center Planning     $      100,000     6,923        

Total University of Akron                       $   18,220,539     6,925        

      Section 30.09.  BGU  BOWLING GREEN STATE UNIVERSITY          6,928        

CAP-009  Basic Renovations                      $    3,247,773     6,931        

CAP-054  University Hall Rehabilitation, Phase                     6,932        

         III                                    $    4,148,000     6,933        

CAP-060  Basic Renovations - Firelands          $      182,744     6,935        

CAP-083  Central Heating Plant Replacement,                        6,936        

         Phase II                               $    1,594,920     6,937        

CAP-100  Moseley Hall Rehabilitation            $    1,760,390     6,939        

CAP-101  Psychology Building Rehabilitation and                    6,940        

         Asbestos Abatement                     $    2,010,000     6,941        

CAP-102  Network Infrastructure, Phase I        $    4,500,000     6,943        

CAP-103  University Community Center -                             6,944        

         Firelands                              $    2,056,440     6,945        

Total Bowling Green State University            $   19,500,267     6,947        

      Section 30.10.  CSU  CENTRAL STATE UNIVERSITY                6,950        

CAP-022  Basic Renovations                      $      804,400     6,953        

                                                          157    


                                                                 
CAP-083  Master Plan/Supplemental Renovations   $    2,449,400     6,955        

CAP-084  College of Education Facility -                           6,956        

         Planning                               $    1,000,000     6,957        

Total Central State University                  $    4,253,800     6,959        

      College of Education Facility - Planning                     6,962        

      The foregoing appropriation item CAP-084, College of         6,964        

Education Facility - Planning, shall not be released by the        6,965        

Controlling Board or the Director of Budget and Management until   6,966        

Central State University has satisfactorily completed a            6,967        

Campus-wide Master Plan, and has made progress satisfactory to                  

the Board of Regents and the Office of Budget and Management in    6,968        

completing the correction of its outstanding adjudication orders   6,969        

as issued by the Department of Commerce.  Such progress shall      6,970        

include the development of a plan to comply with all remaining     6,971        

adjudication orders by the end of fiscal year 2000.  This                       

appropriation shall not be included in the calculation of Central  6,972        

State University's debt service obligation until fiscal year       6,973        

2002.                                                                           

      Section 30.11.  UCN  UNIVERSITY OF CINCINNATI                6,975        

CAP-009  Basic Renovations                      $    6,594,550     6,978        

CAP-018  Basic Renovations - Clermont           $      154,181     6,980        

CAP-054  Raymond Walters Renovations            $      223,924     6,982        

CAP-128  Science and Allied Health Building -                      6,983        

         Phase II Walters                       $   10,600,000     6,984        

CAP-174  Classroom/Teaching Laboratory                             6,985        

         Renovations                            $    6,100,000     6,986        

CAP-176  Network Expansion                      $    2,000,000     6,988        

CAP-177  Critical Building Component                               6,989        

         Renovations                            $    9,000,000     6,990        

CAP-204  Center for Health Related Programs     $    5,500,000     6,992        

CAP-205  Medical Science Building                                  6,993        

         Rehabilitation                         $    6,000,000     6,994        

CAP-206  One Stop Services Center               $    9,886,650     6,996        

CAP-207  Central Campus Infrastructure          $      300,000     6,998        

                                                          158    


                                                                 
CAP-208  Security System Upgrade                $      300,000     7,000        

CAP-209  Library Renovations                    $      300,000     7,002        

CAP-210  Cincinnati Observatory Center                             7,003        

         Improvements                           $      100,000     7,004        

CAP-211  Cincinnati Symphony Facility                              7,005        

         Improvements                           $      600,000     7,006        

Total University of Cincinnati                  $   57,659,305     7,008        

      Section 30.12.  CLS  CLEVELAND STATE UNIVERSITY              7,011        

CAP-017  Land Acquisition                       $    1,769,670     7,014        

CAP-023  Basic Renovations                      $    3,166,002     7,016        

CAP-067  17th-18th Street Block - College of                       7,017        

         Urban Affairs                          $    9,250,000     7,018        

CAP-109  Classroom Upgrade                      $    3,700,000     7,020        

CAP-118  Structural Concrete Rehabilitation     $    2,000,000     7,022        

Total Cleveland State University                $   19,885,672     7,024        

      Section 30.13.  KSU  KENT STATE UNIVERSITY                   7,027        

CAP-008  Severance Hall Renovations             $    6,500,000     7,030        

CAP-022  Basic Renovations                      $    3,415,331     7,032        

CAP-105  Basic Renovations - East Liverpool     $       96,642     7,034        

CAP-106  Basic Renovations - Geauga             $       48,079     7,036        

CAP-107  Basic Renovations - Salem              $       97,125     7,038        

CAP-108  Basic Renovations - Stark              $      287,087     7,040        

CAP-110  Basic Renovations - Ashtabula          $      175,814     7,042        

CAP-111  Basic Renovations - Trumbull           $      226,475     7,044        

CAP-112  Basic Renovations - Tuscarawas         $      172,228     7,046        

CAP-160  Patterson Building Renovation, Phase                      7,047        

         II - East Liverpool                    $      570,980     7,048        

CAP-161  Addition to Cunningham Hall            $    8,075,000     7,050        

CAP-177  Corporate Education and Conference                        7,051        

         Center, Phase II - Stark               $    1,743,360     7,052        

CAP-179  New Power Plant                        $    9,569,310     7,054        

CAP-196  Technology Improvements - Ashtabula    $      575,000     7,056        

CAP-197  Technology Improvements - Geauga       $       60,000     7,058        

CAP-198  Technology Improvements - Salem        $      288,310     7,060        

                                                          159    


                                                                 
CAP-199  Technology Improvements - Trumbull     $      175,000     7,062        

CAP-200  Technology Improvements - Tuscarawas   $       75,000     7,064        

Total Kent State University                     $   32,150,741     7,066        

      Section 30.14.  MUN  MIAMI UNIVERSITY                        7,069        

CAP-018  Basic Renovations                      $    3,485,145     7,072        

CAP-066  Basic Renovations - Hamilton           $      199,222     7,074        

CAP-069  Basic Renovations - Middletown         $      222,652     7,076        

CAP-070  Chilled Water System - Phase VI        $    1,000,000     7,078        

CAP-089  High-Voltage System Phase VI           $    1,000,000     7,080        

CAP-098  Computer Network Installation - Phase                     7,081        

         III                                    $    1,000,000     7,082        

CAP-099  King Library Rehabilitation, Phase II  $    1,600,000     7,084        

CAP-111  Roudebush Hall Rehabilitation, Phase                      7,085        

         II                                     $    1,000,000     7,086        

CAP-112  Chilled Water Loop Phase I - Hamilton  $      500,000     7,088        

CAP-113  Special Academic/Administrative                           7,089        

         Projects - Hamilton                    $      469,540     7,090        

CAP-114  Chilled Water Loop Phase I -                              7,091        

         Middletown                             $      750,000     7,092        

CAP-115  Special Academic/Administrative                           7,093        

         Projects - Middletown                  $      818,330     7,094        

CAP-116  Hughes Hall Rehabilitation - Phase II  $    4,800,000     7,096        

CAP-117  North Campus Refrigeration/Chilled                        7,097        

         Water Plant                            $    2,800,000     7,098        

CAP-123  Phillips Hall Rehabilitation           $    3,000,000     7,100        

CAP-124  Bonham House                                              7,101        

         Rehabilitation/Multi-Cultural Center                                   

         Planning                               $    1,200,000     7,102        

CAP-125  Environmental Restoration Project      $    1,000,000     7,104        

Total Miami University                          $   24,844,889     7,106        

      Section 30.15.  OSU  OHIO STATE UNIVERSITY                   7,109        

CAP-074  Basic Renovations                      $   15,455,642     7,112        

CAP-149  Basic Renovations - Regional Campuses  $      983,419     7,114        

CAP-255  Supplemental Renovations - OARDC       $    1,000,000     7,116        

                                                          160    


                                                                 
CAP-304  Conference Center - OARDC/ATI          $      500,000     7,118        

CAP-306  Heart & Lung Institute                 $    5,400,000     7,120        

CAP-363  School of Architecture Facility        $    9,000,000     7,122        

CAP-369  Natural Habitat Research Site                             7,123        

         Improvements                           $    2,200,000     7,124        

CAP-425  Physical Sciences Building             $   20,000,000     7,126        

CAP-427  Morrill Hall Renovation - Marion       $      408,000     7,128        

CAP-430  Hagerty Hall Rehabilitation            $   18,500,000     7,130        

CAP-431  Sisson Hall Replacement                $   17,600,000     7,132        

CAP-484  Page Hall Planning                     $      700,000     7,134        

CAP-485  Botany and Zoology Building Planning   $    1,700,000     7,136        

CAP-486  Larkins Hall Addition/Renovation                          7,137        

         Planning                               $    3,000,000     7,138        

CAP-487  Robinson Laboratory Planning           $    1,000,000     7,140        

CAP-488  Don Scott Field Replacement Barns      $      860,310     7,142        

CAP-489  Galvin Hall Third Floor Renovation -                      7,143        

         Lima                                   $    1,118,330     7,144        

CAP-490  Founders Addition and Renovation -                        7,145        

         Mansfield                              $      850,000     7,146        

CAP-491  Horticultural Operations Center - ATI  $    1,560,000     7,148        

CAP-492  OARDC Feed Mill                        $    5,500,000     7,150        

CAP-493  Science and Technology Project         $    4,000,000     7,152        

CAP-494  Nicklaus Center                        $    1,500,000     7,154        

Total Ohio State University                     $  112,835,701     7,156        

      Natural Habitat Research Site Improvements                   7,159        

      The foregoing appropriation item CAP-369, Natural Habitat    7,161        

Research Site Improvements, shall be used for facilities that      7,162        

provide educational opportunities, research, and activities for    7,163        

the conservation of endangered and threatened wildlife.  Such      7,164        

facilities shall be operated by The Wilds, a not-for-profit        7,165        

organization.  The Wilds shall cooperate with the Ohio Department  7,166        

of Natural Resources, Education, and Development and with Ohio                  

zoological institutions, colleges and universities, local school   7,167        

districts, and appropriate biological interests to achieve the     7,168        

                                                          161    


                                                                 
above objectives.                                                               

      Section 30.16.  OHU  OHIO UNIVERSITY                         7,170        

CAP-020  Basic Renovations                      $    3,970,024     7,173        

CAP-021  Conservancy District Access and                           7,174        

         Improvements Assessment                $      750,000     7,175        

CAP-095  Basic Renovations - Eastern            $      112,113     7,177        

CAP-098  Basic Renovations - Lancaster          $      183,549     7,179        

CAP-099  Basic Renovations - Zanesville         $      202,175     7,181        

CAP-113  Basic Renovations - Chillicothe        $      178,496     7,183        

CAP-114  Basic Renovations - Ironton            $       91,952     7,185        

CAP-115  Bennett Hall HVAC and Lab Improvements                    7,186        

         - Chillicothe                          $      953,030     7,187        

CAP-141  College of Health and Human Services                      7,188        

         Renovation                             $   12,000,000     7,189        

CAP-142  Health Professions Labs - Phase I      $    8,550,000     7,191        

CAP-144  Shannon Hall Laboratory                                   7,192        

         Rehabilitation, Phase I - Eastern      $      398,040     7,193        

CAP-155  Brasee Hall Rehabilitation, Phase I -                     7,194        

         Lancaster                              $      516,760     7,195        

CAP-160  Center for Public Policy               $    5,000,000     7,197        

CAP-172  Elson Hall Rehabilitation, Phase I -                      7,198        

         Zanesville                             $    1,136,920     7,199        

CAP-186  Ellis Hall Partial Renovation          $      400,280     7,201        

CAP-187  Technology Center Planning - Ironton   $      509,760     7,203        

CAP-188  Technology Center Construction -                          7,204        

         Ironton                                $    2,745,120     7,205        

CAP-189  Conference Center Planning - Lancaster $      600,000     7,207        

Total Ohio University                           $   38,298,219     7,209        

      Section 30.17.  SSC  SHAWNEE STATE UNIVERSITY                7,211        

CAP-004  Basic Renovations                      $      801,990     7,214        

CAP-040  Chiller Replacement                    $      836,500     7,216        

CAP-041  Kricker Hall Renovation                $      765,000     7,218        

CAP-042  Sidewalk/Plaza Replacement             $      150,000     7,220        

Total Shawnee State University                  $    2,553,490     7,222        

                                                          162    


                                                                 
      Section 30.18.  UTO  UNIVERSITY OF TOLEDO                    7,226        

CAP-010  Basic Renovations                      $    3,660,456     7,229        

CAP-024  Gillham Hall Rehabilitation            $    3,200,000     7,231        

CAP-076  Education and Allied Professions                          7,232        

         Rehabilitation                         $    3,300,000     7,233        

CAP-083  Bowman-Oddy Rehabilitation, Phase II   $    1,300,000     7,235        

CAP-085  Engineering - Biomedical Lab                              7,236        

         Rehabilitation                         $      800,000     7,237        

CAP-086  Supplemental Academic Departments                         7,238        

         Renovations                            $    1,700,000     7,239        

CAP-087  Arrowhead Park Facility                $    2,500,000     7,241        

CAP-088  Stranahan Arboretum Addition           $    1,000,000     7,243        

CAP-089  Chilled Water Plant                    $    4,000,000     7,245        

CAP-090  Wolfe Hall Addition                    $    2,000,000     7,247        

Total University of Toledo                      $   23,460,456     7,249        

      Local Administration of Projects                             7,252        

      Notwithstanding anything to the contrary in sections 9.33,   7,254        

123.01, and 3345.50 and Chapter 153. of the Revised Code, the      7,255        

University of Toledo may negotiate, enter into, and locally        7,256        

administer a contract which combines the design and construction   7,257        

elements of the project into a single contract for the Arrowhead                

Park Facility, funded herein with an appropriation of $2,500,000,  7,258        

and the Scott Park Athletic Facility project to be built with      7,259        

local funds.                                                                    

      Section 30.19.  WSU  WRIGHT STATE UNIVERSITY                 7,261        

CAP-015  Basic Renovations                      $    2,656,315     7,264        

CAP-064  Basic Renovations - Lake               $       88,761     7,266        

CAP-074  U.S. Air and Trade Show                $    1,000,000     7,268        

CAP-075  Aviation Heritage National Historical                     7,269        

         Park Improvements                      $    5,050,000     7,270        

CAP-092  Allyn Hall Rehabilitation              $    9,200,000     7,272        

CAP-103  Millett Hall Rehabilitation            $    1,000,000     7,274        

CAP-104  Road and Parking Lot Improvements      $    2,000,000     7,276        

Total Wright State University                   $   20,995,076     7,278        

                                                          163    


                                                                 
      Section 30.20.  YSU  YOUNGSTOWN STATE UNIVERSITY             7,281        

CAP-014  Basic Renovations                      $    2,237,279     7,284        

CAP-027  Property Acquisition/Street Closures   $    2,400,000     7,286        

CAP-040  Bliss Hall Rehabilitation - Final                         7,287        

         Phase                                  $    2,600,000     7,288        

CAP-108  Electronic Campus                                         7,289        

         Infrastructure/Technology              $    3,700,000     7,290        

CAP-109  Welcome Center - Dana Hall Addition    $      500,000     7,292        

Total Youngstown State University               $   11,437,279     7,294        

      Section 30.21.  MCO  MEDICAL COLLEGE OF OHIO                 7,297        

CAP-010  Basic Renovations                      $    1,130,777     7,300        

CAP-048  Medical Informatics Data Highway       $    1,442,150     7,302        

CAP-049  Center for Classrooms of the Future    $    4,000,000     7,304        

Total Medical College of Ohio                   $    6,572,927     7,306        

      Section 30.22.  NEM  NORTHEASTERN OHIO UNIVERSITIES          7,310        

                       COLLEGE OF MEDICINE                         7,310        

CAP-018  Basic Renovations                      $      323,492     7,313        

CAP-037  Conference Center Rehabilitation and                      7,314        

         Expansion                              $    2,049,813     7,315        

CAP-038  Campus Computer Services Network -                        7,316        

         Phase II                               $    1,393,500     7,317        

Total Northeastern Ohio Universities College                       7,318        

   of Medicine                                  $    3,766,805     7,320        

      Section 30.23.  CTC  CINCINNATI STATE TECHNICAL              7,324        

                      AND COMMUNITY COLLEGE                        7,324        

CAP-008  Interior Renovations                   $      546,000     7,326        

CAP-009  Exterior Rehabilitations               $      160,000     7,328        

CAP-013  Basic Renovations                      $      664,864     7,330        

CAP-025  New Telephone Switch Systems           $      330,000     7,332        

Total Cincinnati State Technical and                               7,333        

   Community College                            $    1,700,864     7,335        

      Section 30.24.  CLT  CLARK STATE COMMUNITY COLLEGE           7,337        

CAP-006  Basic Renovations                      $      411,947     7,340        

Total Clark State Community College             $      411,947     7,342        

                                                          164    


                                                                 
      Section 30.25.  CTI  COLUMBUS STATE COMMUNITY COLLEGE        7,345        

CAP-006  Basic Renovations                      $      874,033     7,348        

CAP-040  Building "D" Planning                  $    1,500,000     7,350        

CAP-041  Columbus College of Art and Design     $      100,000     7,352        

Total Columbus State Community College          $    2,474,033     7,354        

      Section 30.26.  CCC  CUYAHOGA COMMUNITY COLLEGE              7,357        

CAP-026  Playhouse Square                       $      750,000     7,360        

CAP-031  Basic Renovations                      $    4,136,333     7,362        

CAP-033  Ohio College of Podiatric Medicine     $      100,000     7,364        

CAP-056  Main Building Addition - Eastern       $    1,206,064     7,366        

CAP-064  Technology Learning Center - Western   $    2,205,500     7,368        

CAP-066  Renovations to Create New Classrooms -                    7,369        

         Western                                $      360,000     7,370        

CAP-067  Renovation of Plant Operations/Vehicle                    7,371        

         Maintenance/Storage - Phase I          $    1,335,170     7,373        

CAP-070  Implement Interior/Exterior Signage                       7,374        

         Program                                $      540,000     7,375        

CAP-071  Renovations to East One Building       $      892,500     7,377        

Total Cuyahoga Community College                $   11,525,567     7,379        

      Of the foregoing appropriation item CAP-026, Playhouse       7,382        

Square, $500,000 shall be provided to Cuyahoga Community College   7,384        

for its prompt use in paying expenditures previously incurred by   7,385        

Playhouse Square Foundation, consistent with legal requirements    7,386        

then applicable to Foundation contracts, for the designated                     

project.  In addition, $250,000 from the appropriation item shall  7,387        

be utilized for improvements to the Allen Theatre.                 7,388        

      Section 30.27.  ESC  EDISON STATE COMMUNITY COLLEGE          7,390        

CAP-006  Basic Renovations                      $      217,490     7,393        

CAP-018  Master Plan Update                     $       50,000     7,395        

Total Edison State Community College            $      267,490     7,397        

      Section 30.28.  JTC  JEFFERSON COMMUNITY COLLEGE             7,400        

CAP-022  Basic Renovations                      $      178,852     7,403        

CAP-037  Electrical System Evaluation and                          7,404        

         Renovation                             $      382,820     7,405        

                                                          165    


                                                                 
CAP-038  Library Interior Renovation            $      259,020     7,407        

CAP-039  Lecture Hall Interior Renovation       $      175,325     7,409        

Total Jefferson Community College               $      996,017     7,411        

      Section 30.29.  LCC  LAKELAND COMMUNITY COLLEGE              7,414        

CAP-006  Basic Renovations                      $      681,493     7,417        

CAP-028  Athletic, Fitness, Teaching                               7,418        

         Center/Family Center Expansion         $    3,165,340     7,419        

Total Lakeland Community College                $    3,846,833     7,421        

      Section 30.30.  LOR  LORAIN COMMUNITY COLLEGE                7,424        

CAP-005  Basic Renovations                      $      822,782     7,427        

CAP-037  Center for Leadership in Education     $      100,000     7,429        

Total Lorain Community College                  $      922,782     7,431        

      Section 30.31.  NTC  NORTHWEST STATE COMMUNITY COLLEGE       7,434        

CAP-003  Basic Renovations                      $      143,363     7,437        

Total Northwest State Community College         $      143,363     7,439        

      Section 30.32.  OTC  OWENS COMMUNITY COLLEGE                 7,442        

CAP-019  Basic Renovations                      $      833,701     7,445        

CAP-032  Student Health and Activities Center   $    7,494,520     7,447        

Total Owens Community College                   $    8,328,221     7,449        

      Section 30.33.  RGC  RIO GRANDE COMMUNITY COLLEGE            7,452        

CAP-005  Basic Renovations                      $      251,640     7,455        

CAP-018  Pomeroy Building Renovation            $       50,000     7,457        

CAP-019  Wood Working Facility                  $      458,000     7,459        

CAP-020  School of Business                     $      178,000     7,461        

Total Rio Grande Community College              $      937,640     7,463        

      Section 30.34.  SCC  SINCLAIR COMMUNITY COLLEGE              7,466        

CAP-007  Basic Renovations                      $    1,637,021     7,469        

CAP-044  Demolish Building 18                   $      555,000     7,471        

Total Sinclair Community College                $    2,192,021     7,473        

      Section 30.35.  SOC  SOUTHERN STATE COMMUNITY COLLEGE        7,476        

CAP-010  Basic Renovations                      $      216,687     7,479        

Total Southern State Community College          $      216,687     7,481        

      Section 30.36.  TTC  TERRA STATE COMMUNITY COLLEGE           7,484        

CAP-009  Basic Renovations                      $      335,437     7,487        

                                                          166    


                                                                 
CAP-016  Capital Equipment                      $       15,949     7,489        

Total Terra State Community College             $      351,386     7,491        

      Section 30.37.  WTC  WASHINGTON STATE COMMUNITY COLLEGE      7,494        

CAP-006  Basic Renovations                      $      203,731     7,497        

Total Washington State Community College        $      203,731     7,499        

      Section 30.38.  BTC  BELMONT TECHNICAL COLLEGE               7,502        

CAP-008  Basic Renovations                      $      184,326     7,505        

Total Belmont Technical College                 $      184,326     7,507        

      Section 30.39.  COT  CENTRAL OHIO TECHNICAL COLLEGE          7,510        

CAP-003  Basic Renovations                      $      201,646     7,513        

Total Central Ohio Technical College            $      201,646     7,515        

      Section 30.40.  HTC  HOCKING TECHNICAL COLLEGE               7,518        

CAP-019  Basic Renovations                      $      409,713     7,521        

CAP-034  Student Center - Phase I               $    2,924,325     7,523        

Total Hocking Technical College                 $    3,334,038     7,525        

      Section 30.41.  LTC  LIMA TECHNICAL COLLEGE                  7,528        

CAP-004  Basic Renovations                      $      214,513     7,531        

CAP-013  Child Care Facility                    $      900,000     7,533        

Total Lima Technical College                    $    1,114,513     7,535        

      Section 30.42.  MTC  MARION TECHNICAL COLLEGE                7,538        

CAP-004  Basic Renovations                      $      113,316     7,541        

CAP-009  Technical Education Center Renovation  $       52,700     7,543        

Total Marion Technical College                  $      166,016     7,545        

      Section 30.43.  MAT  MUSKINGUM AREA TECHNICAL COLLEGE        7,548        

CAP-007  Basic Renovations                      $      203,491     7,551        

Total Muskingum Area Technical College          $      203,491     7,553        

      Section 30.44.  NCC  NORTH CENTRAL TECHNICAL COLLEGE         7,556        

CAP-003  Basic Renovations                      $      352,121     7,559        

CAP-018  Fallerius Center Rehabilitation        $      750,000     7,561        

Total North Central Technical College           $    1,102,121     7,563        

      Section 30.45.  STC  STARK TECHNICAL COLLEGE                 7,566        

CAP-004  Basic Renovations                      $      368,764     7,569        

CAP-024  Phase 2 Renovations                    $    1,253,252     7,571        

                                                          167    


                                                                 
CAP-025  Timken Regional Campus Technology                         7,572        

         Project                                $    2,500,000     7,573        

Total Stark Technical College                   $    4,122,016     7,575        

Total Board of Regents and                                         7,576        

   State Institutions of Higher Education       $  549,516,915     7,578        

Total Higher Education Improvement Fund         $  553,135,596     7,580        

      Section 31.  Debt Service Formula Allocation                 7,583        

      Based on the foregoing appropriations in Sections 30 and     7,585        

30.01 to 30.45 of this act, from Fund 034, Higher Education        7,587        

Improvement Fund, the following higher education institutions      7,588        

shall be responsible for the specified amounts as part of the                   

debt service component of the instructional subsidy beginning in   7,590        

fiscal year 2000:                                                               

     Institution                                        Amount     7,592        

University of Akron                                  $10,800,000   7,593        

University of Akron - Wayne                          $   675,000   7,594        

Bowling Green State University                       $14,013,310   7,595        

Bowling Green State University - Firelands           $ 2,056,440   7,596        

Central State University                             $ 2,449,400   7,597        

University of Cincinnati                             $39,386,650   7,598        

University of Cincinnati - Walters                   $ 3,445,212   7,599        

Cleveland State University                           $16,719,670   7,600        

Kent State University                                $17,644,310   7,601        

Kent State University - Ashtabula                    $   575,000   7,602        

Kent State University - East Liverpool               $   570,980   7,603        

Kent State University - Geauga                       $    60,000   7,604        

Kent State University - Salem                        $   288,310   7,605        

Kent State University - Stark                        $ 1,743,360   7,606        

Kent State University - Trumbull                     $   175,000   7,607        

Kent State University - Tuscarawas                   $    75,000   7,608        

Miami University                                     $18,400,000   7,609        

Miami University - Hamilton                          $   969,540   7,610        

Miami University - Middletown                        $ 1,568,330   7,611        

Ohio State University                                $80,760,310   7,612        

                                                          168    


                                                                 
Ohio State University - Lima                         $ 2,152,620   7,613        

Ohio State University - Mansfield                    $   850,000   7,614        

Ohio State University - Marion                       $   408,000   7,615        

Ohio State University - ATI                          $ 1,560,000   7,616        

Ohio University                                      $26,700,280   7,617        

Ohio University - Eastern                            $   398,040   7,618        

Ohio University - Chillicothe                        $   953,030   7,619        

Ohio University - Lancaster                          $ 1,116,760   7,620        

Ohio University - Zanesville                         $ 1,136,920   7,621        

Shawnee State University                             $ 1,751,500   7,622        

University of Toledo                                 $19,800,000   7,623        

Wright State University                              $11,300,000   7,624        

Youngstown State University                          $ 9,200,000   7,625        

Medical College of Ohio                              $ 5,442,150   7,626        

Northeastern Ohio Universities College of Medicine   $ 3,425,580   7,627        

Cincinnati State Technical and Community College     $ 1,036,000   7,628        

Columbus State Community College                     $ 1,500,000   7,629        

Cuyahoga Community College                           $ 6,800,000   7,630        

Edison State Community College                       $    50,000   7,631        

Jefferson Community College                          $   817,165   7,632        

Lakeland Community College                           $ 3,165,340   7,633        

Lorain Community College                             $   100,000   7,634        

Owens Community College                              $ 3,747,260   7,635        

Rio Grande Community College                         $   636,000   7,636        

Hocking Technical College                            $ 2,924,325   7,637        

Lima Technical College                               $   900,000   7,638        

Marion Technical College                             $    52,700   7,639        

North Central Technical College                      $   750,000   7,640        

Stark Technical College                              $ 1,253,252   7,641        

      Institutions not listed above shall not have a debt service  7,644        

obligation as a result of these appropriations.                    7,645        

      Within sixty days after the effective date of this section,  7,647        

any institution of higher education may notify the Board of        7,648        

Regents of its intention not to proceed with any project           7,649        

                                                          169    


                                                                 
appropriated in this act.  Upon receiving such notification, the   7,650        

Board of Regents may release the institution from its debt                      

service obligation for the specific project.                       7,651        

      Section 32.  For all of the foregoing appropriation items    7,653        

from the Higher Education Improvement Fund (Fund 034) that         7,654        

require local funds to be contributed by any state-supported or    7,655        

state-assisted institution of higher education, the Ohio Board of  7,656        

Regents shall not recommend that any funds be released until the   7,657        

recipient institution demonstrates to the Board of Regents and     7,658        

the Office of Budget and Management that the local funds                        

contribution requirement has been secured or satisfied.  The       7,659        

local funds shall be in addition to the foregoing appropriations.  7,660        

      Section 33.  The foregoing capital improvements for which    7,662        

appropriations are made from the Higher Education Improvement      7,663        

Fund (Fund 034) are determined to be capital improvements and      7,664        

capital facilities for state-supported or state-assisted           7,665        

institutions of higher education, and are designated as the                     

capital facilities to which proceeds of obligations in the Higher  7,666        

Education Improvement Fund, created by section 154.21 of the       7,667        

Revised Code, are to be applied.  All such appropriations are      7,668        

made to the Ohio Public Facilities Commission for application to   7,669        

the purposes for which appropriated through the exercise of its    7,670        

powers under Chapter 154. of the Revised Code, including where                  

appropriate, provisions thereunder for production of revenues and  7,671        

receipts for bond service charges on such obligations.             7,672        

      Section 34.  The Ohio Public Facilities Commission is        7,674        

hereby authorized to issue and sell, in accordance with the        7,676        

provisions of Section 2i of Article VIII, Ohio Constitution, and   7,677        

Chapter 154. of the Revised Code, particularly section 154.21 of   7,678        

the Revised Code, original obligations in an aggregate principal                

amount not to exceed $555,600,000 in addition to the original      7,680        

issuance of obligations heretofore authorized by prior acts of     7,681        

the General Assembly to pay costs of capital facilities for        7,682        

state-supported and state-assisted institutions of higher          7,683        

                                                          170    


                                                                 
education, the owners or holders of which shall have no right to   7,684        

have excises or taxes levied by the General Assembly for the                    

payment of principal thereof or interest thereon.                  7,685        

      Section 35.  None of the foregoing capital improvements      7,687        

appropriations for state-supported or state-assisted institutions  7,688        

of higher education shall be expended until the particular         7,689        

appropriation has been recommended for release by the Ohio Board   7,690        

of Regents and released by the Director of Budget and Management   7,691        

or the Controlling Board.  Either the institution concerned, or    7,692        

the Ohio Board of Regents with the concurrence of the institution  7,693        

concerned, may initiate the request to the Director of Budget and  7,694        

Management or the Controlling Board for the release of the         7,695        

particular appropriations.                                                      

      (A)  None of the foregoing capital improvement               7,697        

appropriations shall be released for planning or for renovation    7,699        

or construction or acquisition of capital facilities if the        7,700        

institution of higher education or the state does not own the      7,701        

real property on which the capital facilities are or will be                    

located.  This restriction does not apply in any of the following  7,702        

circumstances:                                                                  

      (1)  The institution has a long-term (at least fifteen       7,704        

years) lease of, or other interest (such as an easement) in, the   7,705        

real property;                                                                  

      (2)  The Ohio Board of Regents certifies to the Controlling  7,707        

Board that undue delay will occur if planning does not proceed     7,708        

while the property or property interest acquisition process        7,709        

continues.  In this case, funds may be released upon approval of   7,710        

the Controlling Board to pay for planning through the development  7,711        

of schematic drawings only.                                                     

      (3)  In the case of an appropriation for capital facilities  7,713        

for a state-supported or state-assisted institution of higher      7,714        

education that, because of their unique nature or location, will   7,715        

be owned or will be part of facilities owned by a separate         7,716        

nonprofit organization or public body and made available to the    7,717        

                                                          171    


                                                                 
institution of higher education for its use, the nonprofit                      

organization or public body either owns or has a long-term (at     7,718        

least fifteen years) lease of the real property or other capital   7,719        

facility to be improved, renovated, constructed, or acquired and   7,720        

has entered into a joint or cooperative use agreement, approved    7,721        

by the Ohio Board of Regents, with the institution of higher       7,722        

education for that institution's use of and right to use the       7,723        

capital facilities being financed and, if applicable, improved,                 

the value of which use or right to use being, as determined by     7,724        

the parties, reasonably related to the amount of the               7,725        

appropriation.                                                                  

      (B)  Any foregoing appropriations which require cooperation  7,727        

between a technical college and a branch campus of a university    7,728        

may be released by the Controlling Board upon recommendation by    7,729        

the Ohio Board of Regents that the facilities proposed by the      7,730        

institutions are:                                                               

      (1)  The result of a joint planning effort by the            7,732        

university and the technical college, satisfactory to the Ohio     7,733        

Board of Regents;                                                               

      (2)  Facilities that will meet the needs of the region in    7,735        

terms of technical and general education, taking into              7,736        

consideration the totality of facilities which will be available   7,737        

after the completion of these projects;                                         

      (3)  Planned to permit maximum joint use by the university   7,739        

and technical college of the totality of facilities which will be  7,740        

available after completion of these projects;                      7,741        

      (4)  To be located on or adjacent to the branch campus of    7,743        

the university.                                                                 

      (C)  The Ohio Board of Regents shall adopt rules regarding   7,745        

the release of moneys from all the foregoing appropriations for    7,746        

capital facilities for all state-supported or state-assisted       7,747        

institutions of higher education.  Such rules for the release of   7,749        

moneys for capital facilities that, because of their unique        7,750        

nature or location, will be owned or will be part of facilities                 

                                                          172    


                                                                 
owned by a separate nonprofit organization or public body and      7,751        

made available to the institution of higher education for its use  7,752        

shall include, as a minimum, provisions that:                      7,753        

      (1)  Provide for a joint or cooperative use agreement,       7,755        

specifying the extent and nature of that use, extending for no     7,756        

fewer than fifteen years, to be approved by the Ohio Board of      7,757        

Regents; the value of such use or right to use shall be, as        7,758        

determined by the parties, reasonably related to the amount of                  

the appropriation;                                                 7,759        

      (2)  Provide for pro rata reimbursement to the state should  7,761        

the arrangement for joint or cooperative use be terminated;        7,762        

      (3)  Provide that procedures to be followed during the       7,764        

capital improvement process will comply with appropriate           7,765        

applicable state laws and rules, including provisions of this      7,766        

act;                                                                            

      (4)  Provide for payment or reimbursement to the             7,768        

institution of its administrative costs incurred as a result of    7,769        

the facilities project, which will be limited to actual direct     7,770        

administrative costs incurred as a result of the facilities        7,771        

project, as approved by the Office of Budget and Management, but   7,772        

in any case not exceeding 1.5 per cent of the appropriated                      

amount.                                                            7,773        

      (D)  Upon the recommendation of the Ohio Board of Regents,   7,775        

the Controlling Board may approve the transfer of appropriations   7,776        

for projects requiring cooperation between institutions from one   7,777        

institution to another institution with the approval of both       7,778        

institutions.                                                                   

      (E)  Notwithstanding section 127.14 of the Revised Code,     7,780        

the Controlling Board, upon the recommendation of the Ohio Board   7,781        

of Regents, may transfer amounts appropriated to the Ohio Board    7,782        

of Regents to accounts of state-supported or state-assisted        7,783        

institutions created for that same purpose.                                     

      Section 36.  The requirements of Chapters 123. and 153. of   7,785        

the Revised Code, with respect to the powers and duties of the     7,787        

                                                          173    


                                                                 
Director of Administrative Services, and the requirements of       7,788        

section 127.16 of the Revised Code, with respect to the                         

Controlling Board, shall not apply to projects of community        7,789        

college districts and technical college districts.                 7,790        

      Section 37.  Those institutions locally administering        7,792        

capital improvement projects pursuant to section 3345.50 of the    7,793        

Revised Code may establish charges for recovering costs directly   7,794        

related to project administration as defined by the Director of    7,795        

Administrative Services.  The Department of Administrative                      

Services shall review and approve these administrative charges     7,796        

when such charges are in excess of 1.5 per cent of the total       7,797        

construction budget.                                                            

      Section 38.  For those institutions that locally administer  7,799        

capital improvement projects pursuant to sections 3345.50 and      7,800        

3345.51 of the Revised Code, reimbursement may be made from state  7,801        

capital appropriations to the institution for the in-house design  7,802        

services performed by the institution for locally administered     7,803        

capital projects.  Acceptable charges shall be limited to design   7,804        

document preparation work that is done by the institution.  These               

reimburseable design costs shall be shown as "A/E fees" within     7,805        

the project's budget that is submitted to the Controlling Board    7,806        

or the Director of Budget and Management as part of a request for  7,807        

release of funds.  The reimbursement for in-house design shall     7,808        

not exceed seven per cent of the estimated construction cost.      7,809        

      Section 39.  All items set forth in this section are hereby  7,811        

appropriated out of any moneys in the state treasury to the        7,812        

credit of the Parks and Recreation Improvement Fund (Fund 035)     7,813        

created by division (F) of section 154.22 of the Revised Code,     7,814        

derived from the proceeds of obligations heretofore and herein                  

authorized, to pay costs of capital facilities, as defined in      7,815        

section 154.01 of the Revised Code, for parks and recreation.      7,816        

                                                   Appropriations  7,818        

                                                                   7,820        

              DNR  DEPARTMENT OF NATURAL RESOURCES                              

                                                          174    


                                                                 
CAP-012  Land Acquisition                       $      500,000     7,823        

CAP-234  State Parks Campgrounds, Lodges, and                      7,824        

         Cabins                                 $    2,835,000     7,825        

CAP-331  Park Boating Facilities                $    1,090,000     7,827        

CAP-390  State Park Maintenance Facility                           7,828        

         Development                            $      500,000     7,829        

CAP-718  Grand Lake St. Mary's State Park       $      500,000     7,831        

CAP-748  Local Parks Projects                   $    2,000,000     7,833        

CAP-787  Scioto Riverfront Improvements         $   12,000,000     7,835        

CAP-789  Great Miami Riverfront Improvements    $    2,650,000     7,837        

CAP-821  State Park Dredging and Shoreline                         7,838        

         Protection                             $    1,350,000     7,839        

CAP-874  Statewide Trails Program               $    2,500,000     7,841        

CAP-928  Handicapped Accessibility              $      250,000     7,843        

CAP-931  Wastewater/Water Systems Upgrade       $    2,000,000     7,845        

Total Department of Natural Resources           $   28,175,000     7,847        

Total Parks and Recreation Improvement Fund     $   28,175,000     7,849        

      Statewide Trails                                             7,852        

      Of the foregoing appropriation item CAP-874, Statewide       7,854        

Trails Program, up to $2,500,000 shall be used for trail           7,855        

renovations at Hocking Hills State Park.                                        

      Local Parks Projects                                         7,857        

      The foregoing appropriation item CAP-748, Local Parks        7,859        

Projects, shall be used for Fallen Timbers Battlefield             7,860        

Improvements.                                                                   

      Federal Reimbursement                                        7,862        

      All reimbursements received from the federal government for  7,864        

any expenditures made pursuant to this section shall be deposited  7,865        

in the state treasury to the credit of the Parks and Recreation    7,866        

Improvement Fund (Fund 035).                                                    

      Section 40.  The foregoing capital improvements for which    7,868        

appropriations are made from the Parks and Recreation Improvement  7,869        

Fund (Fund 035) are determined to be capital improvements and      7,870        

capital facilities for parks and recreation and shall be           7,871        

                                                          175    


                                                                 
designated as the capital facilities to which proceeds of                       

obligations in the Parks and Recreation Improvement Fund, created  7,872        

by section 154.22 of the Revised Code, are to be applied.  All     7,873        

such appropriations provided in Section 39 of this act are made    7,874        

to the Ohio Public Facilities Commission for application to the    7,876        

purposes for which appropriated through the exercise of its                     

powers under Chapter 154. of the Revised Code including, when      7,877        

appropriate, provision thereunder for the production of revenues   7,878        

and receipts for bond service charges on such obligations and, in  7,879        

addition thereto, participation in such capital facilities by      7,880        

grants or contributions to 501(c)(3) corporations for such         7,881        

facilities.                                                                     

      Section 41.  The Ohio Public Facilities Commission is        7,883        

hereby authorized to issue and sell, in accordance with the        7,885        

provisions of Section 2i of Article VIII, Ohio Constitution, and   7,886        

Chapter 154. of the Revised Code, particularly section 154.22 of   7,887        

the Revised Code, original obligations in an aggregate principal                

amount not to exceed $31,200,000 in addition to the original       7,888        

issuance of obligations heretofore authorized by prior acts of     7,889        

the General Assembly to pay costs of capital facilities for parks  7,890        

and recreation, the owners or holders of which obligations shall   7,891        

have no right to have excises or taxes levied by the General       7,892        

Assembly for the payment of principal thereof or interest                       

thereon.                                                                        

      Section 42.  (A)  No capital improvement appropriations      7,894        

made in Section 39 of this act shall be released for planning or   7,895        

for improvement, renovation, or construction or acquisition of     7,897        

capital facilities if a governmental agency, as defined in                      

section 154.01 of the Revised Code, does not own the real          7,898        

property that constitutes the capital facilities or on which the   7,899        

capital facilities are or will be located.  This restriction does  7,900        

not apply in any of the following circumstances:                   7,901        

      (1)  The governmental agency has a long-term (at least       7,903        

fifteen years) lease of, or other interest (such as an easement)   7,904        

                                                          176    


                                                                 
in, the real property;                                                          

      (2)  In the case of an appropriation for capital facilities  7,906        

for parks and recreation that, because of their unique nature or   7,907        

location, will be owned or be part of facilities owned by a        7,908        

separate nonprofit organization and made available to the          7,909        

governmental agency for its use or operated by the nonprofit                    

organization under contract with the governmental agency, the      7,910        

nonprofit organization either owns or has a long-term (at least    7,911        

fifteen years) lease of the real property or other capital         7,912        

facility to be improved, renovated, constructed, or acquired and   7,913        

has entered into a joint or cooperative use agreement, approved    7,914        

by the Department of Natural Resources, with the governmental      7,915        

agency for that agency's use of and right to use the capital                    

facilities to be financed and, if applicable, improved, the value  7,916        

of such use or right to use being, as determined by the parties,   7,917        

reasonably related to the amount of the appropriation.             7,918        

      (B)  In the case of capital facilities referred to in        7,920        

division (A)(2) of this section, the joint or cooperative use      7,921        

agreement shall include, as a minimum, provisions that:            7,922        

      (1)  Specify the extent and nature of that joint or          7,924        

cooperative use, extending for no fewer than fifteen years, with   7,925        

the value of such use or right to use to be, as determined by the  7,926        

parties and approved by the approving department, reasonably       7,927        

related to the amount of the appropriation;                                     

      (2)  Provide for pro rata reimbursement to the state should  7,929        

the arrangement for joint or cooperative use by a governmental     7,930        

agency be terminated; and                                                       

      (3)  Provide that procedures to be followed during the       7,932        

capital improvement process will comply with appropriate           7,933        

applicable state laws and rules, including provisions of this      7,934        

act.                                                                            

      Section 43.  Coal Research and Development Bonds             7,936        

      The Commissioners of the Sinking Fund, upon the request of   7,938        

the Director of the Ohio Coal Development Office with the advice   7,939        

                                                          177    


                                                                 
of the Technical Advisory Committee created in section 1551.35 of  7,940        

the Revised Code and the approval of the Director of Development,  7,941        

are hereby authorized to issue and sell, in accordance with        7,942        

Section 15 of Article VIII, Ohio Constitution, and section         7,943        

1555.08 of the Revised Code, bonds or other obligations of the     7,944        

State of Ohio heretofore authorized by prior acts of the General   7,945        

Assembly.  The obligations shall be dated, issued, and sold from   7,946        

time to time in such amounts as may be necessary to provide        7,947        

sufficient moneys to the credit of the Coal Research and           7,948        

Development Fund created in section 1555.15 of the Revised Code    7,949        

to pay costs charged to such fund when due as estimated by the     7,950        

Director of the Ohio Coal Development Office.                      7,951        

      Section 44.  State Capital Improvements Fund                 7,953        

      The Treasurer of State is hereby authorized pursuant to      7,955        

section 164.09 of the Revised Code to issue and sell, in           7,956        

accordance with Section 2m of Article VIII, Ohio Constitution,     7,957        

and sections 164.01 to 164.12 of the Revised Code, original        7,958        

obligations of the State of Ohio, heretofore authorized by prior   7,959        

acts of the General Assembly.  These authorized obligations shall  7,960        

be issued and sold from time to time and in amounts necessary to   7,961        

assure sufficient moneys to the credit of the State Capital                     

Improvements Fund (Fund 038) to pay costs charged to that fund,    7,962        

as estimated by the Director of Budget and Management.             7,963        

      Section 45.  Each request for release of appropriations for  7,965        

any and all capital improvements and capital facilities for which  7,966        

appropriations are made in this act from the proceeds of           7,967        

obligations in the Sports Facilities Building Fund (Fund 024),     7,968        

the Administrative Building Fund (Fund 026), the Adult             7,969        

Correctional Building Fund (Fund 027), the Juvenile Correctional   7,970        

Building Fund (Fund 028), the Arts Facilities Building Fund (Fund  7,971        

030), the Natural Resources Projects Fund (Fund 031), the School   7,972        

Building Program Assistance Fund (Fund 032), the Mental Health     7,973        

Facilities Improvement Fund (Fund 033), the Higher Education                    

Improvement Fund (Fund 034), and the Parks and Recreation          7,974        

                                                          178    


                                                                 
Improvements Fund (Fund 035) shall have the certification of the   7,976        

Director of Budget and Management that sufficient General Revenue  7,977        

Fund moneys are appropriated for and will be available for rental  7,978        

payments to the Ohio Public Facilities Commission, the Treasurer   7,979        

of State, and the Ohio Building Authority in the then-current      7,981        

fiscal biennium relating to obligations or portions of             7,982        

obligations issued or to be issued in that fiscal biennium to                   

fund, in the then-current fiscal biennium, anticipated             7,983        

expenditures from these funds associated with the request.  This   7,984        

requirement is in addition to other requirements under this act    7,985        

and the Revised Code.                                              7,986        

      Section 46.  Certification of Availability of Moneys         7,988        

      No moneys that require release shall be expended from any    7,990        

appropriation contained in this act without certification of the   7,992        

Director of Budget and Management that there are sufficient        7,993        

moneys in the state treasury in the fund from which the                         

appropriation is made.  Such certification made by the Office of   7,994        

Budget and Management shall be based on estimates of revenue,      7,995        

receipts, and expenses.  Nothing herein shall be construed as a    7,996        

limitation on the authority of the Director of Budget and          7,997        

Management as granted in section 126.08 of the Revised Code.       7,998        

      Section 47.  The appropriations made in this act for         8,001        

buildings or structures, including remodeling and renovations,                  

are limited to:                                                    8,002        

      (A)  Acquisition of real property;                           8,004        

      (B)  Buildings and structures, which includes construction,  8,006        

demolition, complete heating, lighting, and lighting fixtures,     8,007        

and all necessary utilities, ventilating, plumbing, sprinkling,    8,008        

and sewer systems, when such systems are authorized or necessary;  8,009        

      (C)  Architectural, engineering, and professional services   8,011        

expenses directly related to the projects;                         8,012        

      (D)  Machinery that is a part of structures at the time of   8,014        

initial acquisition or construction;                               8,015        

      (E)  Equipment that meets all the following criteria:        8,017        

                                                          179    


                                                                 
      (1)  The equipment is essential in bringing the facility up  8,019        

to its intended use.                                               8,020        

      (2)  The unit cost of the equipment, and not the individual  8,022        

parts of a unit, is about $100 or more.                            8,023        

      (3)  The equipment has a useful life of five years or more.  8,025        

      (4)  The equipment is necessary for the functioning of a     8,027        

particular facility.                                               8,028        

      (5)  The equipment will be used primarily in the rooms or    8,030        

areas covered in the project.                                      8,031        

      Equipment, such as motor vehicles, adding machines,          8,033        

calculators, dictating machines, computers and computer            8,034        

peripherals, typewriters, word processors, or other such items,    8,035        

including items used for normal supplies and maintenance, shall    8,036        

not be purchased unless it is an integral part of, or directly                  

related to, the basic purpose or function of a project for which   8,037        

moneys are appropriated and meets all the criteria of division     8,038        

(E) of this section.                                                            

      Section 48.  Any request for release of capital              8,040        

appropriations by the Director of Budget and Management or the     8,041        

Controlling Board of capital appropriations for projects, the      8,042        

contracts for which are awarded by the Department of               8,043        

Administrative Services, as authorized by law, shall contain a     8,044        

contingency reserve, the amount of which is to be determined by    8,045        

the Department of Administrative Services, for payment of                       

unanticipated project expenses.  Any amount deducted from the      8,046        

encumbrance for a contractor's contract as an assessment for       8,047        

liquidated damages shall be added to the encumbrance for the       8,048        

contingency reserve.  Contingency reserve funds shall be used to   8,049        

pay costs resulting from unanticipated job conditions, to comply   8,050        

with rulings regarding building and other codes, to pay costs      8,051        

related to errors or omissions in contract documents, and to pay   8,052        

the cost of settlements and judgments related to the project.      8,053        

      Upon completion of a project, should any funds remain, such  8,055        

remaining funds may, upon approval of the Controlling Board, be    8,056        

                                                          180    


                                                                 
released for the use of the institution to which the               8,057        

appropriation was made for another capital facilities project or   8,058        

projects.                                                          8,059        

      Section 49.  Agency Administration of Capital Facilities     8,061        

Projects                                                                        

      Notwithstanding sections 123.01 and 123.15 of the Revised    8,064        

Code, the Director of Administrative Services may authorize the                 

Departments of Mental Health, Mental Retardation and               8,065        

Developmental Disabilities, Alcohol and Drug Addiction Services,   8,066        

Agriculture, Rehabilitation and Correction, Youth Services,        8,067        

Public Safety, Transportation, the Bureau of Employment Services,  8,069        

and the Rehabilitation Services Commission to administer any       8,070        

capital facilities projects when the estimated cost, including                  

design fees, construction, equipment, and contingency amounts, is  8,071        

less than $1,500,000.  Within sixty days after the effective date  8,072        

of the section of the act in which the General Assembly initially  8,074        

makes an appropriation for the project, the director of the        8,075        

respective state agency shall notify the Department of                          

Administrative Services in writing of its intent to administer a   8,076        

project.                                                           8,077        

      The director of the respective state agency choosing to      8,079        

administer a capital facilities project pursuant to this section   8,080        

shall comply with the procedures and guidelines established in     8,081        

Chapter 153. of the Revised Code.  Upon the approval of the        8,083        

release of funds by the Controlling Board or the Director of                    

Budget and Management, these agencies may administer capital       8,085        

projects under their jurisdiction without the supervision,         8,086        

control, or approval of the Department of Administrative Services  8,087        

as specified in those sections.                                                 

      Section 50.  Satisfaction of Judgments and Settlements       8,089        

Against the State                                                  8,090        

      An appropriation contained in this act may be used for the   8,092        

purpose of satisfying judgments or settlements in connection with  8,093        

civil actions against the state in federal court not barred by     8,094        

                                                          181    


                                                                 
sovereign immunity or the Eleventh Amendment to the Constitution   8,095        

of the United States, or for the purpose of satisfying judgments,  8,096        

settlements, or administrative awards ordered or approved by the   8,097        

Court of Claims in connection with civil actions against the       8,098        

state, pursuant to section 2743.15, 2743.19, or 2743.191 of the                 

Revised Code.  This authorization shall not apply to               8,099        

appropriations to be applied to or used for payment of guarantees  8,100        

by or on behalf of the state, for or relating to lease payments    8,101        

or debt service on bonds, notes, or similar obligations and those  8,102        

from the Sports Facilities Building Fund (Fund 024), the Highway   8,103        

Safety Building Fund (Fund 025), the Administrative Building Fund  8,104        

(Fund 026), the Adult Correctional Building Fund (Fund 027), the   8,105        

Juvenile Correctional Building Fund (Fund 028), the                8,106        

Transportation Building Fund (Fund 029), the Arts Facilities                    

Building Fund (Fund 030), the Natural Resources Projects Fund      8,107        

(Fund 031), the School Building Program Assistance Fund (Fund      8,108        

032), the Mental Health Facilities Improvement Fund (Fund 033),    8,109        

the Higher Education Improvement Fund (Fund 034), the Parks and    8,110        

Recreation Improvement Fund (Fund 035), the State Capital          8,111        

Improvements Fund (Fund 038), the Highway Obligation Fund (Fund                 

041), the Coal Research/Development Fund (Fund 046), and any       8,113        

other fund into which proceeds of obligations are deposited.                    

Nothing contained in this section is intended to subject the       8,114        

state to suit in any forum in which it is not otherwise subject    8,115        

to suit, nor is it intended to waive or compromise any defense or  8,116        

right available to the state in any suit against it.               8,117        

      Section 51.  Notwithstanding section 126.14 of the Revised   8,119        

Code, appropriations for appropriation items CAP-002, Local        8,120        

Jails, and CAP-003, Community-Based Correctional Facilities,       8,121        

appropriated from the Adult Correctional Building Fund (Fund 027)  8,122        

to the Department of Rehabilitation and Correction shall be        8,123        

released upon the written approval of the Director of Budget and   8,124        

Management and the appropriations from the Public School Building  8,126        

Fund (Fund 021) and the School Building Program Assistance Fund    8,128        

                                                          182    


                                                                 
(Fund 032) to the School Facilities Commission may be released by  8,129        

the Director of Budget and Management upon presentation of a       8,130        

request to release the funds by the executive director of the      8,131        

Commission.                                                                     

      Section 52.  Except as provided in section 4115.04 of the    8,133        

Revised Code, no moneys appropriated or reappropriated by the      8,135        

122nd General Assembly shall be used for the construction of                    

public improvements, as defined in section 4115.03 of the Revised  8,136        

Code, unless the mechanics, laborers, or workers engaged therein   8,137        

are paid the prevailing rate of wages as prescribed in section     8,138        

4115.04 of the Revised Code.  Nothing in this section shall        8,139        

affect the wages and salaries established for state employees      8,140        

under the provisions of Chapter 124. of the Revised Code, or       8,141        

collective bargaining agreements entered into by the state         8,142        

pursuant to Chapter 4117. of the Revised Code, while engaged on    8,143        

force account work, nor shall this section interfere with the use  8,144        

of inmate and patient labor by the state.                          8,145        

      Section 53.  Capital Facilities Leases                       8,147        

      Capital facilities for which appropriations are made from    8,150        

the Sports Facilities Building Fund (Fund 024), the                             

Administrative Building Fund (Fund 026), the Adult Correctional    8,152        

Building Fund (Fund 027), the Juvenile Correctional Building Fund  8,153        

(Fund 028), and the Arts Facilities Building Fund (Fund 030) may   8,154        

be leased by the Ohio Building Authority to the Department of      8,155        

Youth Services, the Arts and Sports Facilities Commission, the     8,156        

Department of Administrative Services, and the Department of       8,157        

Rehabilitation and Correction and other agreements may be made by  8,158        

the Ohio Building Authority and the departments with respect to    8,159        

the use or purchase of such capital facilities or, subject to the  8,160        

approval of the director of the department, or the commission,     8,161        

the Ohio Building Authority may lease such capital facilities to,  8,162        

and make other agreements with respect to the use or purchase      8,163        

thereof with, any governmental agency or nonprofit corporation                  

having authority under law to own, lease, or operate such capital  8,164        

                                                          183    


                                                                 
facilities.  The director of the department or the commission may  8,166        

sublease such capital facilities to, and make other agreements     8,167        

with respect to the use or purchase thereof with, any such         8,168        

governmental agency or nonprofit corporation, which may include    8,169        

provisions for transmittal of receipts of that agency or           8,170        

nonprofit corporation of any charges for the use of such           8,171        

facilities, all upon such terms and conditions as the parties may  8,172        

agree upon and any other provision of law affecting the leasing,   8,173        

acquisition, or disposition of capital facilities by such          8,174        

parties.                                                                        

      Section 54.  The Director of Budget and Management shall     8,176        

authorize both of the following:                                   8,177        

      (A)  The initial release of moneys for projects from the     8,179        

Sports Facilities Building Fund (Fund 024), the Highway Safety     8,180        

Building Fund (Fund 025), the Administrative Building Fund (Fund   8,181        

026), the Adult Correctional Building Fund (Fund 027), the         8,182        

Juvenile Correctional Building Fund (Fund 028), the                8,183        

Transportation Building Fund (Fund 029), the Arts Facilities                    

Building Fund (Fund 030), the Natural Resources Projects Fund      8,184        

(Fund 031), the School Building Program Assistance Fund (Fund      8,185        

032), the Mental Health Facilities Improvement Fund (Fund 033),    8,186        

the Higher Education Improvement Fund (Fund 034), and the Parks    8,187        

and Recreation Fund (Fund 035);                                                 

      (B)  The expenditure or encumbrance of moneys from any       8,190        

other fund into which proceeds of obligations are deposited, only  8,191        

after determining to the director's satisfaction that either of    8,192        

the following has occurred:                                        8,193        

      (1)  The application of such moneys to the particular        8,196        

project will not negatively affect any exemption or exclusion of   8,197        

the interest on obligations, issued to provide moneys to the       8,198        

particular fund, from federal income tax under federal law and     8,199        

regulations at the time in effect or pending with retroactive      8,200        

effect;                                                                         

      (2)  Moneys for the project will come from the proceeds of   8,203        

                                                          184    


                                                                 
obligations the interest on which is not so excluded or exempt     8,204        

and which have been authorized as "taxable obligations" by the     8,205        

issuing authority.  The director shall report any nonrelease of    8,206        

moneys pursuant to this section to the Governor, the presiding     8,207        

officer of each house of the General Assembly, and the agency for  8,208        

the use of which the project is intended.                          8,209        

      Section 55.  No appropriation for a health care facility     8,211        

authorized under this act may be released until the requirements   8,212        

of sections 3702.51 to 3702.68 of the Revised Code have been met.  8,213        

      Section 56.  Any increase in appropriation authority by the  8,215        

Director of Budget and Management pursuant to division (B) of      8,216        

section 153.17 of the Revised Code is hereby appropriated.         8,217        

      Section 57.  All proceeds received by the state as a result  8,219        

of litigation, judgments, settlements, or claims, filed by or on   8,220        

behalf of any state agency as defined by section 1.60 of the       8,221        

Revised Code or state-supported or state-assisted institution of   8,222        

higher education, for damages or costs resulting from the use,     8,223        

removal, or hazard abatement of asbestos materials shall be        8,224        

deposited in the Asbestos Abatement Distribution Fund.  All funds  8,225        

deposited into the Asbestos Abatement Distribution Fund (Fund      8,226        

674) are hereby appropriated to the Attorney General.  To the      8,227        

extent practicable, the proceeds placed in the Asbestos Abatement  8,228        

Distribution Fund shall be divided among the state agencies and    8,229        

state-supported or state-assisted institutions of higher           8,230        

education in accordance with the general provisions of the         8,231        

bankruptcy orders, settlement agreements, or judgments in the      8,232        

litigation regarding the percentage of recovery.   Distribution    8,233        

of the proceeds to each state agency or state-supported or         8,234        

state-assisted institution of higher education shall be made in    8,235        

accordance with the Asbestos Abatement Distribution Plan to be     8,236        

developed by the Attorney General, the Division of Public Works    8,237        

within the Department of Administrative Services, and the Office   8,238        

of Budget and Management.                                          8,239        

      In those circumstances where asbestos litigation proceeds    8,241        

                                                          185    


                                                                 
are for reimbursement of expenditures made with funds outside the  8,242        

state treasury or damages to buildings not constructed with state  8,243        

appropriations, direct payments shall be made to the affected      8,244        

institutions of higher education.  Any proceeds received for       8,245        

reimbursement of expenditures made with funds within the state     8,246        

treasury or damages to buildings occupied by state agencies shall  8,247        

be distributed to the affected agencies with an intrastate         8,248        

transfer voucher to the funds identified in the Asbestos           8,249        

Abatement Distribution Plan.                                       8,250        

      Such proceeds shall be used for additional asbestos          8,252        

abatement or encapsulation projects, or for other capital          8,253        

improvements except that proceeds distributed to the General       8,254        

Revenue Fund and other funds that are not bond improvement funds   8,255        

may be used for any purpose.  The Controlling Board may, for bond  8,256        

improvement funds, create appropriation items or increase          8,257        

appropriation authority in existing appropriation items equaling   8,258        

the amount of such proceeds.  Such amounts approved by the         8,259        

Controlling Board are hereby appropriated.  Such proceeds          8,260        

deposited in bond improvement funds shall not be expended until    8,261        

released by the Controlling Board, which shall require             8,262        

certification by the Director of Budget and Management that such   8,263        

proceeds are sufficient and available to fund the additional       8,264        

anticipated expenditures.                                          8,265        

      Section 58.  No investment income earned on the Sports       8,267        

Facilities Building Fund (Fund 024), the Highway Safety Building   8,268        

Fund (Fund 025), the Administrative Building Fund (Fund 026), the  8,269        

Adult Correctional Building Fund (Fund 027), the Juvenile          8,270        

Correctional Building Fund (Fund 028), the Transportation                       

Building Fund (Fund 029), the Arts Facilities Building Fund (Fund  8,272        

030), the Natural Resources Projects Fund (Fund 031), the School   8,274        

Building Program Assistance Fund (Fund 032), the Mental Health     8,275        

Facilities Improvement Fund (Fund 033), the Higher Education       8,276        

Improvement Fund (Fund 034), the Parks and Recreation Fund (Fund                

035), the State Capital Improvement Fund (Fund 038), the Highway   8,277        

                                                          186    


                                                                 
Obligation Fund (Fund 041), the Coal Research/Development Fund     8,278        

(Fund 046), and any other state fund into which proceeds of        8,279        

obligations are deposited shall be encumbered or spent from those  8,281        

funds until a certificate is provided by the issuer of the         8,282        

obligations which certifies to the Director of Budget and          8,283        

Management that there are sufficient moneys available from the     8,284        

investment income or from other sources to make any required       8,285        

payments to the federal government contemplated by the applicable  8,286        

bond proceedings.  The Director of Budget and Management may                    

authorize the investment income in excess of those requirements    8,288        

to be encumbered or spent from those funds.  This requirement is   8,289        

in addition to any other requirement under this act, the Revised   8,290        

Code, or the applicable bond or note proceedings.                  8,291        

      Section 59.  The capital improvements for which              8,293        

appropriations are made in this act from the Sports Facilities     8,294        

Building Fund (Fund 024), the Administrative Building Fund (Fund   8,296        

026), the Adult Correctional Building Fund (Fund 027), the         8,297        

Juvenile Correctional Building Fund (Fund 028), the Arts           8,299        

Facilities Building Fund (Fund 030), and the School Building       8,300        

Program Assistance Fund (Fund 032) are determined to be capital    8,301        

improvements and capital facilities for housing state agencies     8,302        

and branches of state government and are designated as capital     8,303        

facilities to which proceeds of obligations issued under Chapter   8,304        

152. of the Revised Code are to be applied.                        8,305        

      Section 60.  Upon the request of the agency to which a       8,307        

capital project appropriation item is appropriated, the Director   8,308        

of Budget and Management may transfer open encumbrance amounts     8,309        

between separate encumbrances for the project appropriation item   8,310        

to the extent that any reductions in encumbrances are agreed to    8,311        

by the contracting vendor and the agency.                          8,312        

      Section 61.  In determining "aggregate principal amount"     8,315        

for purposes of sections of this act authorizing the issuance of   8,316        

obligations, and the sections of prior acts referred to in those   8,318        

sections, the principal amount of a "capital appreciation bond"    8,319        

                                                          187    


                                                                 
as defined in division (C) of section 3334.01 of the Revised Code  8,320        

means its face amount, and of a "zero coupon bond" as defined in   8,321        

division (K) of section 3334.01 of the Revised Code means the      8,322        

discounted offering price at which the bond is initially sold to   8,323        

the public, disregarding any purchase price discount to the        8,324        

original purchaser if provided for pursuant to the authorizing     8,325        

law of the Revised Code.                                           8,326        

      Section 62.  Public School Building Fund                     8,328        

      When requested to do so by the Executive Director of the     8,330        

School Facilities Commission, the Controlling Board may increase   8,331        

appropriations in the Public School Building Fund (Fund 021)       8,332        

based on revenues received by the fund, including cash transfers   8,333        

and interest that may accrue to the fund.                                       

      Section 63.  Interest Earnings                               8,335        

      All investment earnings credited to the Public School        8,337        

Building Fund (Fund 021) and the School Building Program           8,338        

Assistance Fund (Fund 032) prior to the effective date of this     8,339        

section shall be retained by the funds.                                         

      Section 64.  Low and Moderate Income Housing Trust Fund      8,341        

      Within thirty days after the effective date of this          8,343        

section, the Director of Budget and Management shall transfer      8,344        

$250,000 in cash from Fund 027, Adult Correctional Building Fund,  8,345        

to Fund 646, Low and Moderate Income Housing Trust Fund, and the   8,346        

amount is hereby appropriated to appropriation item 195-638, Low                

and Moderate Income Housing Trust Fund.  Notwithstanding the       8,347        

eligibility standards that otherwise apply to recipients of        8,348        

assistance from the Low and Moderate Income Housing Trust Fund,    8,349        

this $250,000 appropriation shall be used to provide grants for    8,350        

the beautification, painting, and cleanup of houses and                         

properties bordering the Water Tower Park site in Cleveland.       8,351        

      Section 65.  GRF Transfers to the Public School Building     8,353        

Fund                                                                            

      Within thirty days after the effective date of this          8,355        

section, the Director of Budget and Management shall transfer      8,356        

                                                          188    


                                                                 
$139,000,000 from the General Revenue Fund to Fund 021, the        8,358        

Public School Building Fund.                                                    

      Section 66.  Great Lakes Science Center - Per Cent for Arts  8,360        

Reimbursement                                                      8,361        

      Notwithstanding sections 127.16 and 3379.10 of the Revised   8,363        

Code, within thirty days after the effective date of this          8,364        

section, encumbrance 991810, in the amount of $50,000, which was   8,365        

established in the name of the Ohio Arts Council in the state's    8,366        

central accounting system in fiscal year 1996 by Cleveland State   8,367        

University, shall be paid to the Great Lakes Science Center by                  

Cleveland State University.  The payment reimburses the Center     8,368        

for art purchased by the Center in lieu of its formal              8,369        

participation in the Per Cent for Arts Program.                    8,370        

      Section 67.  Capital Donations Fund                          8,372        

      Within forty-five days after the effective date of this      8,374        

section, the Director of Budget and Management, in consultation    8,375        

with the Executive Director of the Ohio Arts and Sports            8,376        

Facilities Commission, shall determine the unencumbered and        8,377        

unallotted balance of the amount in the Capital Donations Fund                  

(Fund 5A1) appropriation item 371-602.  The Director of Budget     8,378        

and Management shall transfer appropriations in that amount from   8,379        

appropriation item 371-602, Capital Donations Fund, to a new       8,380        

appropriation item CAP-602, Capital Donations Fund.  The Director  8,381        

of Budget and Management may cancel encumbrances and reestablish   8,382        

such encumbrances or parts of encumbrances, in the appropriate                  

appropriation item and for the same purpose and vendor, as needed  8,383        

in Fund 5A1.  As determined by the director, the appropriation     8,384        

authority necessary to establish such encumbrances in a different  8,385        

appropriation item is hereby authorized and appropriated.          8,386        

      Section 68.  Capital Donations Fund Certifications and       8,388        

Appropriations                                                                  

      The Executive Director of the Arts and Sports Facilities     8,390        

Commission shall certify to the Director of Budget and Management  8,391        

the amount of cash receipts and related investment income,         8,392        

                                                          189    


                                                                 
irrevocable letters of credit from a bank, or certification of     8,393        

the availability of funds which have been received from a county   8,394        

or a city auditor for deposit to the Capital Donations Fund.                    

These amounts are hereby appropriated to appropriation item        8,395        

CAP-602, Capital Donations, in Fund 5A1, Capital Donation Fund.    8,396        

Prior to certifying these amounts to the Director, the Executive   8,397        

Director shall make a written agreement with the participating     8,398        

entity on the necessary cash flows required for the anticipated    8,399        

construction or equipment acquisition project.                                  

      Section 69.  Reissuance of Voided Warrants                   8,401        

      In order to provide funds for the reissuance of voided       8,403        

warrants pursuant to section 117.47 of the Revised Code, there is  8,404        

hereby appropriated, out of moneys in the state treasury from the  8,405        

fund credited as provided in section 117.47 of the Revised Code,   8,406        

that amount sufficient to pay such warrants when approved by the   8,407        

Office of Budget and Management.                                                

      Section 70.  Central State Deficit Funds for FY 1999         8,409        

      In addition to the provisions of division (B) of section     8,411        

99.14 of Am. Sub. H.B. 215 of the 122nd General Assembly, with     8,412        

the approval of the Director of Budget and Management the          8,413        

encumbered appropriations remaining from appropriation item        8,414        

042-407, Central State Deficit, that are not needed for            8,415        

non-recurring expenses may be disbursed in fiscal year 1999 for    8,416        

recurring operating expenses.                                                   

      Section 71.  Cash Transfers From Obsolete Funds              8,418        

      Notwithstanding any other provision of law to the contrary,  8,420        

within thirty days after the effective date of this section, the   8,421        

Director of Budget and Management shall determine the cash         8,423        

balances in the following obsolete funds, which were abolished by  8,424        

prior legislation, and transfer such balances to the funds                      

indicated:                                                         8,425        

Obsolete Fund Number and Name      Transfer Cash Balance to This   8,428        

                                   Fund                                         

                                                          190    


                                                                 
Fund 495 State Acceptors Fund      Fund 4T6 Poultry and Meat       8,430        

                                   Products Fund                                

Fund 4D3 Cosmetology               Fund 4K9 Occupational           8,432        

Adjudication Fund                  Licensing and                                

                                   Regulatory Fund                 8,433        

Fund 4K0 Beverage Tax              General Revenue Fund            8,435        

Administrative Fund                                                             

      Section 72.  Area Agency on Aging Region 9, Inc.             8,438        

      (A)  Appropriation item 490-418, Area Agency on Aging        8,440        

Region 9, Inc., as established by the Controlling Board in fiscal  8,441        

year 1999, may be used to make grants to the Area Agency on Aging  8,442        

Region 9, Inc. for the purpose of resolving a projected deficit    8,443        

and assuring continued services of Department of Aging related     8,444        

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   8,446        

1, 1999, the Director of Aging shall certify to the Director of    8,447        

Budget and Management the amount of deficit expenditures incurred  8,448        

during the current biennium by the Area Agency on Aging Region 9,  8,449        

Inc.  If the amount of the grants are greater than the certified   8,450        

deficit, Area Agency on Aging Region 9, Inc. shall pay to the      8,451        

Director of Aging any amount granted to it under this provision    8,452        

that exceeds the certified deficit.  In the event of the recovery  8,453        

of any moneys related to the deficit after the deficit has been    8,454        

certified, the Area Agency on Aging Region 9, Inc. shall repay to  8,455        

the Director of Aging the amount recovered.  The Director of                    

Aging shall deposit any repayment under this section to the        8,456        

credit of the General Revenue Fund.                                8,457        

      (B)  This section is not subject to the referendum.          8,459        

Therefore, under Ohio Constitution, Article II, Section 1d and     8,460        

section 1.471 of the Revised Code, this section goes into          8,461        

immediate effect when this act becomes law.                                     

      Section 73.  Moratorium on Increases of Per Diem Payments    8,463        

to Medicaid Providers                                              8,464        

                                                          191    


                                                                 
      The Ohio Department of Human Services shall not grant        8,466        

extreme circumstance or extreme hardship rate increases pursuant   8,467        

to section 5111.29 of the Revised Code to otherwise qualifying     8,468        

facilities as a result of workers' compensation premium increases  8,469        

incurred during the period January 1, 1999, through December 31,   8,470        

2000, unless the department first offsets the amount of any                     

workers' compensation rebate received by the facility in calendar  8,471        

year 1998 against the amount of the workers' compensation premium  8,472        

prompting the request.                                                          

      Section 74.  Sections 3 to 73 of this act shall remain in    8,474        

full force and effect commencing on the effective date of this     8,476        

section and terminating on June 30, 2000, for the purpose of       8,477        

drawing money from the state treasury in payment of liabilities    8,478        

lawfully incurred hereunder, and on June 30, 2000, and not                      

before, the moneys hereby appropriated shall lapse into the funds  8,479        

from which they are severally appropriated.                        8,480        

      Section 75.  (A)  The Governor is hereby authorized to       8,482        

execute a deed in the name of the State conveying to the Apple     8,484        

Creek Volunteer Fire Department and Emergency Squad, Inc., Wayne   8,486        

County, Ohio, and its successors and assigns, all of the state's                

right, title, and interest in the following described real         8,487        

estate:                                                                         

Being situated in the State of Ohio, County of Wayne, Township of  8,489        

East Union, Range 12 West, Township 16 North, Southwest Quarter    8,490        

of Section 21, presently in the name of State of Ohio as recorded  8,491        

in the Wayne County Records of Deeds Volume 207, page 220, and     8,492        

more fully described as follows:                                                

Commencing for reference at a railroad spike set marking the       8,494        

northwest corner of the southwest quarter of Section 21 and in     8,495        

the center line of Apple Creek Road - C.R. 44;                     8,496        

      1.  Along the west line of said quarter Section              8,499        

          and along said center line S 00°56'41" W                 8,500        

          1681.65 feet to a railroad spike set and the                          

          true place of beginning;                                 8,501        

                                                          192    


                                                                 
Thence courses 2 and 3 subdividing land presently in the name of   8,504        

State of Ohio (V. 207, P. 220):                                    8,505        

      2.  S 89°22'50" E 515.35 feet to an iron pin set             8,508        

          and passing through an iron pin set at 30.00             8,509        

          feet;                                                                 

      3.  S 00°56'41" W 211.32 feet to an iron pin set             8,510        

          on the north line of land presently in the               8,511        

          name of Board of Trustees of East Union Twp.                          

          (O.R. 54, P. 442);                                       8,512        

      4.  Along said north line N 89°22'50" W 515.35               8,513        

          feet to a P.K. nail found on the west line of            8,514        

          the southwest quarter of Section 21 and in                            

          the center line of Apple Creek Road - C.R. 44            8,515        

          and passing through an iron pin found at                 8,516        

          485.35 feet;                                                          

      5.  Along said lines N 00°56'41" E 211.32 feet to            8,517        

          the true place of beginning.                             8,518        

This survey contains 2.500 acres (2.354 acres outside road         8,521        

right-of-way), is subject to all easements of record, its          8,522        

bearings are established from Survey "JJ"-200 and are to denote    8,523        

angular measurement only, and is a description of a field survey   8,524        

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      8,525        

I.D. caps.  Iron pins found are 5/8" re-bar unless otherwise       8,526        

noted.                                                                          

      (B)  Consideration for conveyance of the real estate         8,528        

described in division (A) of this section is a purchase price of   8,529        

$20,000.00.                                                                     

      (C)  Upon payment of the purchase price, the Auditor of      8,531        

State, with the assistance of the Attorney General, shall prepare  8,532        

a deed to the real estate described in division (A) of this        8,533        

section.  The deed shall state the consideration.  The deed shall  8,535        

be executed by the Governor in the name of the State,                           

countersigned by the Secretary of State, sealed with the Great     8,536        

                                                          193    


                                                                 
Seal of the State, presented in the Office of the Auditor of       8,537        

State for recording, and delivered to the Apple Creek Volunteer    8,538        

Fire Department and Emergency Squad, Inc.  The Apple Creek         8,539        

Volunteer Fire Department and Emergency Squad, Inc., shall         8,540        

present the deed for recording in the Office of the Wayne County   8,541        

Recorder.                                                                       

      (D)  The Apple Creek Volunteer Fire Department and           8,543        

Emergency Squad, Inc., shall pay the costs of the conveyance of    8,545        

the real estate described in division (A) of this section.         8,546        

      (E)  This section expires one year after its effective       8,548        

date.                                                                           

      Section 76.  (A)  The Governor is hereby authorized to       8,550        

execute deeds in the name of the state as follows:  (1)  the       8,552        

first conveying to the Cambridge City School District and its      8,553        

successors and assigns all of the state's right, title, and                     

interest in the real estate described in this division as Parcel   8,554        

One, and (2)  the second conveying to Cambridge Township and its   8,555        

successors and assigns all of the state's right, title, and        8,556        

interest in the real estate described in this division as Parcel   8,557        

Two.                                                                            

      Parcel One                                                   8,559        

      Situated in the Township of Cambridge, County of Guernsey,   8,561        

State of Ohio and being 62.554 acres in the northwest and          8,562        

southwest quarters of section 3 of Township 2 north Range 3 west   8,563        

of the United States Military District and being more              8,564        

particularly described as follows,                                              

      BEGINNING at a magnail/flasher set in County road 35 at the  8,566        

northeast corner of the southwest quarter of said section 3        8,568        

thence with said County road and with the lands of James H and     8,569        

Mary E Thorn as recorded in deed volume 365 page 930 and the       8,570        

lands of William J Craft as recorded in official records volume                 

49 page 906 the next two calls,                                    8,571        

      1)  S 01° 40' 04" W a distance of 536.21 feet to a point,    8,573        

said point being referenced by an iron pin set which bears N 88°   8,574        

                                                          194    


                                                                 
53' 11" W a distance of 20.00 feet.                                8,575        

      2)  thence with a curve to the right having the following    8,577        

properties, Delta = 32° 12' 34", Radius = 572.96 feet and a chord  8,578        

that bears S 17° 13' 06" W a distance of 317.87 feet to a point,   8,580        

said point being referenced by an iron pin set which bears N 56°   8,581        

40' 37" W a distance of 40.00 feet thence continuing with said     8,582        

county road and with the lands of James A. and Laurie J Endly as   8,583        

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  8,584        

by an iron pin set which bears N 59° 19' 42" W a distance of       8,585        

40.00 feet thence continuing with said county road and with the    8,586        

lands of Larry J. Sr. and Thelma Burt as recorded in Deed Volume   8,587        

372 page 884 and with the lands of Robert S. and Violet J.         8,588        

Goddard as recorded in official records volume 93 page 404 the                  

next two calls,                                                    8,589        

      1)  thence with a curve to the left having the following     8,591        

properties, Delta = 86° 40' 41", Radius = 197.00 feet and a chord  8,592        

that bears S 12° 40' 03" E a distance of 270.41 feet to a point,   8,593        

said point being referenced by an iron pin set which bears S 33°   8,594        

59' 37" W a distance of 20.00 feet                                              

      2)  S 51° 30' 23" E a distance of 182.13 feet to a point     8,596        

thence leaving said road and with the lands of Warren D. and       8,597        

Janesa M. High as recorded in Official Records Volume 31 page 218  8,598        

the next two calls.                                                             

      1)  S 01° 37' 08" W a distance of 902.56 feet to a 5/8 inch  8,600        

capped rebar found having passed through a 5/8 inch capped rebar   8,601        

found at 40.60 feet.                                                            

      2)  S 01° 37' 08" W a distance of 400.00 feet to a point on  8,603        

the north bank of Wills Creek thence with the north bank of said   8,604        

Wills Creek and with the lands of Luetta Mae and Joseph T. Goggin  8,605        

as recorded in Official Records Volume 85 page 199 the next three  8,606        

calls,                                                                          

      1)  N 35° 18' 52" W a distance of 678.76 feet to a point.    8,608        

      2)  N 18° 55' 52" W a distance of 307.51 feet to a point.    8,610        

                                                          195    


                                                                 
      3)  N 04° 21' 52" W a distance of 478.84 feet to a point     8,612        

thence continuing with the lands of said Goggin and with a line    8,614        

in said Wills Creek N 59° 55' 02" W a distance of 1382.71 feet to  8,615        

a point thence leaving said creek and with a line through the      8,616        

lands of The State of Ohio as recorded in deed volume 215 page     8,617        

522 the next seven calls,                                                       

      1)  N 27° 22' 08" E a distance of 100.00 feet to a 5/8 inch  8,619        

rebar found capped "USA781WR"                                      8,620        

      2)  N 38° 42' 39" E a distance of 447.15 feet to an iron     8,622        

pin set.                                                                        

      3)  N 01° 22' 17" E a distance of 280.00 feet to a magnail   8,624        

set in the center of a private paved road having passed through    8,625        

an iron pin set at 260.00 feet.                                    8,626        

      4)  N 88° 37' 43" W a distance of 55.00 feet to a magnail    8,628        

set in the center of a private paved road.                         8,629        

      5)  N 01° 30' 00" E a distance of 266.59 feet to a magnail   8,631        

set in the center of a private paved road.                         8,632        

      6)  S 88° 38' 06" E a distance of 620.16 feet to a magnail   8,634        

set in the center of a private paved road.                         8,635        

      7)  S 88° 38' 06" E a distance of 905.48 feet to a point in  8,637        

county road 35 having passed through iron pins set at 300.00 feet  8,638        

and 855.48 feet thence with a line in said county road and with    8,639        

the lands of Jack D. McWilliams as recorded in Deed Volume 277     8,640        

page 633 S 02° 07' 52" W a distance of 266.78 feet to the          8,641        

BEGINNING and containing 62.554 acres and being a part of the                   

property conveyed to the State of Ohio in Deed Volume 215 page     8,642        

522.  9.331 acres being in said northwest quarter and 53.223       8,643        

acres being in said southwest quarter.                             8,644        

      Subject to all leases or easements of record.  Iron pins     8,646        

set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884".   8,647        

Bearings are true and are based on a solar observation.  A survey  8,648        

of the above described property was made on October 19, 1998 by    8,649        

Steven L. Gardner, registered surveyor #6884.                                   

      Parcel Two                                                   8,651        

                                                          196    


                                                                 
      Situated in the Township of Cambridge, County of Guernsey,   8,653        

State of Ohio and being 15.842 acres in the southwest quarter of   8,654        

section 3 of Township 2 north Range 3 west of the United States    8,655        

Military District and being more particularly described as         8,656        

follows,                                                                        

      Commencing at a magnail/flasher set in County road 35 at     8,658        

the northeast corner of the southwest quarter of said section 3    8,659        

thence N 88° 37' 43" W a distance of 1467.70 feet to a magnail     8,660        

set in a private road the BEGINNING thence with a line through     8,661        

the lands of The State of Ohio as recorded in Deed Volume 215      8,662        

page 522 the next three calls,                                                  

      1)  S 01° 22' 17" W a distance of 280.00 feet to an iron     8,664        

pin set having passed through an iron pin set at 20.00 feet.       8,665        

      2)  S 38° 42' 39" W a distance of 447.15 feet to a 5/8 inch  8,667        

rebar found capped "USA781WR"                                      8,668        

      3)  S 27° 22' 08" W a distance of 100.00 feet to a point in  8,670        

Wills Creek thence with a line in said Wills Creek and with the    8,671        

lands of Luetta Mae and Joseph T. Goggin as recorded in Official   8,672        

Records Volume 85 page 199 the next two calls,                     8,673        

      1)  N 69° 11' 17" W a distance of 573.29 feet to a point     8,675        

said point being referenced by an iron pin set which bears N 16°   8,676        

13' 06" E a distance of 59.52 feet.                                8,677        

      2)  N 78° 10' 52" W a distance of 402.96 feet to a point     8,679        

thence leaving said creek and with the west line of said           8,680        

southwest quarter N 02° 21' 33" E a distance of 461.58 feet to a   8,681        

magnail set in the center of a private road having passed through  8,682        

iron pins set at 31.58 feet and 441.58 feet thence with the        8,683        

center of said private road the next two calls,                                 

      1)  S 88° 37' 43" E a distance of 1188.97 feet to a magnail  8,685        

set.                                                                            

      2)  S 88° 37' 43" E a distance of 55.00 feet to the          8,686        

BEGINNING and containing 15.842 acres and being a part of the      8,687        

property conveyed to the State of Ohio in Deed Volume 215 page     8,688        

522.                                                                            

                                                          197    


                                                                 
      Subject to all leases or easements of record.  Iron pins     8,690        

set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884".   8,691        

Bearings are true and are based on a solar observation.  A survey  8,692        

of the above described property was made on October 19, 1998 by    8,693        

Steven L. Gardner, registered surveyor #6884.                                   

      (B)  Consideration for conveyance of the real estate         8,695        

described in division (A) of this section shall be cash or         8,696        

services, or a combination of cash and services, as agreed to by   8,697        

the Cambridge City School District, Cambridge Township, and the    8,698        

Department of Mental Health in the Memorandum of Agreement                      

described in division (D) of this section, the value of which      8,699        

shall be $105,225.                                                 8,700        

      (C)  The Cambridge City School District and Cambridge        8,702        

Township shall pay the costs of the conveyance of the real estate  8,703        

described in division (A) of this section.  Cash proceeds from     8,704        

the sale shall be deposited in the Department of Mental Health     8,705        

Trust Fund in accordance with section 5119.18 of the Revised                    

Code.                                                              8,706        

      (D)  Within thirty days after the effective date of this     8,708        

section, the Cambridge City School District, Cambridge Township,   8,709        

and the Department of Mental Health shall enter into a Memorandum  8,710        

of Agreement outlining the financing plan for the type and         8,711        

payment of consideration to the state and the time frame for       8,712        

closing of the property.  If the parties fail to comply with this  8,713        

requirement within such thirty days, or within an extended time                 

frame agreed to by the state, by and through the Department of     8,714        

Mental Health, the state may immediately terminate its obligation  8,715        

to proceed with the conveyance of the real estate described in     8,716        

division (A) of this section.                                                   

      (E)  Within one year after the effective date of this        8,718        

section, and upon either payment of any cash portion of the        8,719        

purchase price or the memorialization of the agreement for the     8,720        

provision of services by the Cambridge City School District and    8,721        

Cambridge Township, or both payment and memorialization, the                    

                                                          198    


                                                                 
Auditor of State, with the assistance of the Attorney General,     8,722        

shall prepare the deeds to the real estate described in division   8,723        

(A) of this section.  One deed shall be for the conveyance to the  8,724        

Cambridge City School District of the real estate described in     8,725        

division (A) of this section as Parcel One, and the other deed     8,726        

shall be for the conveyance to Cambridge Township of the real                   

estate described in division (A) of this section as Parcel Two.    8,727        

The deeds shall state the consideration specified in division (B)  8,728        

of this section and the costs described in division (C) of this    8,729        

section.  The deeds shall be executed by the Governor in the name  8,730        

of the state, countersigned by the Secretary of State, sealed      8,731        

with the Great Seal of the State, and presented in the Office of   8,732        

the Auditor of State for recording.  The deed for Parcel One                    

shall be delivered to the Cambridge City School District, and the  8,733        

deed for Parcel Two shall be delivered to Cambridge Township.      8,734        

The Cambridge City School District and Cambridge Township shall    8,735        

present the deeds for recording in the Office of the Guernsey      8,736        

County Recorder.                                                                

      (F)  This section shall expire one year after its effective  8,738        

date.                                                                           

      Section 77.  (A)  The Governor is hereby authorized to       8,740        

execute a deed in the name of the state conveying to Muskingum     8,741        

Area Adolescent Treatment Services, Inc., and its successors and   8,742        

assigns all of the state's right, title, and interest, including   8,743        

mineral rights, in the following described real estate known as    8,744        

the Thompkins Center, located in Guernsey County, and further      8,745        

described as follows:                                              8,746        

      Tract One                                                    8,748        

      Situated in the City of Cambridge in the County of Guernsey  8,750        

and the State of Ohio:  Known as and being Lots numbered Seven     8,751        

(7) and Eight (8) in Block One (1) in the Urban Terrace Addition   8,752        

to the City of Cambridge, Ohio, as will appear in the recorded     8,753        

plat thereof, and subject to the restrictions, covenants and       8,754        

conditions of said addition.                                                    

                                                          199    


                                                                 
      Deed reference:  Volume 339, page 18                         8,756        

      Tract Two                                                    8,758        

      Situated in the City of Cambridge, County of Guernsey and    8,760        

State of Ohio:  Known as and being Lots Nine (9) and Ten (10) in   8,761        

Block One (1) in Urban Terrace Addition to said City of            8,762        

Cambridge, as said lots are marked and delineated on the recorded  8,763        

plat of said addition on file and of record in Plat Book 8, Pages  8,764        

27, 28 and 29, in the Office of the Recorder of said County and    8,765        

State.                                                                          

      Said lots and parcels thereof are conveyed upon the          8,767        

following conditions which run with the land, to wit:              8,768        

      First:  No intoxicating liquors shall be sold or kept for    8,770        

sale on said premises;                                             8,771        

      Second:  No building or porch shall be erected or            8,773        

maintained on the parking of said premises as designated and       8,774        

delineated on the recorded plat of said addition;                  8,775        

      Third:  No dwelling, the actual cost of which is less than   8,777        

$1,200.00, shall be erected on said premises.  No barn, stable or  8,778        

other out-buildings shall be erected within sixty-five (65) feet   8,779        

of the west line of Sixteenth Street.                                           

      Deed reference:  Volume 339, pages 14-17                     8,781        

      Such deed shall be subject to existing easements, leases,    8,783        

rights-of-way and legal highways.                                  8,784        

      The conveyance described in this division shall include any  8,786        

buildings erected on the real estate and the contents of those     8,787        

buildings as described in division (B) of this section.            8,788        

      (B)  Within fifteen days after the effective date of this    8,790        

section, the Director of Mental Health shall prepare a list of     8,791        

all state-owned furnishings located on the real estate described   8,792        

in division (A) of this section and forward a copy of that list    8,793        

to the State Office of State and Federal Surplus Property, 4200    8,794        

Surface Road, Columbus, Ohio.                                      8,795        

      (C)  Consideration for the conveyance of the real estate     8,797        

described in division (A) of this section and the furnishings      8,798        

                                                          200    


                                                                 
listed pursuant to division (B) of this section is the mutual      8,799        

benefit accruing to the state, the City of Cambridge, and the      8,800        

County of Guernsey from the use of the property by the Muskingum   8,801        

Area Adolescent Treatment Services, Inc., for the delivery of      8,802        

mental health services.                                            8,803        

      (D)  The costs of the conveyance of the real estate          8,805        

described in division (A) of this section shall be paid by         8,806        

Muskingum Area Adolescent Treatment Services, Inc.                 8,807        

      (E)  The conveyance of the real estate described in          8,809        

division (A) of this section is subject to the condition that      8,810        

Muskingum Area Adolescent Treatment Services, Inc., and its        8,811        

successors, assigns, and lessees shall use the real estate for     8,812        

the provision of mental health services.  If Muskingum Area        8,813        

Adolescent Treatment Services, Inc., ceases to use the real        8,814        

estate to provide mental health services, the state may reenter    8,815        

upon its former estate.  It shall not be a violation of this       8,816        

condition if Muskingum Area Adolescent Treatment Services, Inc.,   8,817        

leases part or all of the real estate to another agency or         8,818        

agencies for the provision of mental health services.              8,819        

      (F)  Within one year after the effective date of this        8,821        

section, the Auditor of State, with the assistance of the          8,822        

Attorney General, shall prepare a deed to the real estate          8,823        

described in division (A) of this section.  The deed shall state   8,824        

the consideration stated in division (C) of this section and the   8,825        

condition and right of reentry specified in division (E) of this   8,826        

section.  The deed shall be executed by the Governor in the name   8,827        

of the state, countersigned by the Secretary of State, sealed      8,828        

with the Great Seal of the State, presented in the Office of the   8,829        

Auditor of State for recording, and delivered to Muskingum Area    8,830        

Adolescent Treatment Services, Inc.  Muskingum Area Adolescent     8,831        

Treatment Services, Inc., shall present the deed for recording in  8,832        

the Office of the Guernsey County Recorder.                        8,833        

      (G)  This section expires one year after its effective       8,835        

date.                                                              8,836        

                                                          201    


                                                                 
      Section 78.  (A)  The Governor is hereby authorized to       8,838        

execute a deed in the name of the state conveying to the Paint     8,839        

Valley Alcohol, Drug Addiction and Mental Health Board and its     8,840        

successors and assigns all of the state's right, title, and        8,841        

interest in a parcel of real estate known as the Greenfield        8,842        

Residence, located in Highland County, and further described as    8,844        

follows:                                                                        

      Situated in the City of Greenfield, County of Highland,      8,846        

State of Ohio, being part of Lot No. 396 of said City and being    8,847        

further bounded and described as follows:                          8,848        

      Beginning at an iron pin marking the northwest corner of     8,850        

Lot No. 396; thence with the northerly line of said Lot N 80 deg.  8,851        

00 min. E a distance of 247.50 ft. to an iron pin marking the      8,852        

northeast corner of said Lot; thence with the easterly line of     8,853        

said Lot S 10 deg. 00 min. E a distance of 76.36 ft. to an iron    8,854        

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      8,855        

line of land now or formerly owned by Robert W. Head S 80 deg. 00  8,856        

min. W a distance of 247.50 ft. to an iron pin in the westerly     8,857        

line of said Lot No. 396, said iron pin bearing N 10 deg. 00 min.  8,858        

W a distance of 8.14 ft. from the southwest corner of said Lot;    8,859        

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,          8,860        

Containing 0.433 acres of land.                                    8,861        

      The above description is the same lands as owned by Claude   8,863        

H. Clawson and Catherine Clawson and recorded in Vol. 301 Page     8,864        

901, Highland County Record of Deeds.                              8,865        

      Land surveyed May, 1977 by Michael L. McCarty, Registered    8,867        

Surveyor No. 6315.                                                              

      The conveyance described in this division shall include any  8,869        

buildings erected on the real estate and the contents of those     8,870        

buildings.                                                         8,871        

      (B)  Consideration for conveyance of the real estate         8,873        

described in division (A) of this section is the mutual benefit    8,874        

                                                          202    


                                                                 
accruing to the state, to the City of Greenfield, and to the       8,875        

Paint Valley Alcohol, Drug Addiction and Mental Health Board and   8,876        

the counties served by that board, by having the Board be          8,877        

responsible for maintaining the facility and for operating the     8,878        

facility as a children's residential program.                      8,879        

      (C)  The Paint Valley Alcohol, Drug Addiction and Mental     8,881        

Health Board shall pay the costs of the conveyance of the real     8,882        

estate described in division (A) of this section.                  8,883        

      (D)  The conveyance described in division (A) of this        8,885        

section is subject to the condition that the Paint Valley          8,886        

Alcohol, Drug Addiction and Mental Health Board and its            8,887        

successors, assigns, and lessees shall use the real estate for     8,888        

the provision of mental health services.  If the property ceases   8,889        

to be used for the provision of mental health services, the state  8,890        

may reenter upon its former estate.  It shall not be a violation   8,891        

of the condition specified in this section if the Paint Valley     8,892        

Alcohol, Drug Addiction and Mental Health Board leases all or      8,893        

part of the real estate to another agency or agencies for the      8,894        

provision of mental health services.                               8,895        

      (E)  Within one year following the effective date of this    8,897        

section, the Auditor of State, with the assistance of the          8,898        

Attorney General, shall prepare a deed to the real estate          8,899        

described in division (A) of this section.  The deed shall state   8,900        

the consideration specified in division (B) of this section and    8,901        

the condition and right of reentry specified in division (D) of    8,902        

this section.  The deed shall be executed by the Governor in the   8,903        

name of the state, countersigned by the Secretary of State,        8,904        

sealed with the Great Seal of the State, presented in the Office   8,905        

of the Auditor of State for recording, and delivered to the Paint  8,906        

Valley Alcohol, Drug Addiction and Mental Health Board.  The       8,907        

Paint Valley Alcohol, Drug Addiction and Mental Health Board       8,908        

shall present the deed for recording in the Office of the          8,909        

Highland County Recorder.                                          8,910        

      (F)  This section expires one year after its effective       8,912        

                                                          203    


                                                                 
date.                                                                           

      Section 79.  (A)  The Governor is hereby authorized to       8,914        

execute a deed in the name of the state conveying to the Summit    8,915        

County Alcohol, Drug Addiction and Mental Health Services Board    8,916        

and its successors and assigns all of the state's right, title,    8,917        

and interest in real estate known as the Edgerton House, located   8,918        

in Summit County, and further described as follows:                8,919        

Situate in the State of Ohio, Summit County and City of Akron,     8,921        

also being those lands conveyed to the State of Ohio by Deed of    8,922        

Record in Deed Book 5864, Page 820, Recorder's Office, Summit      8,923        

County, Ohio, and being more particularly described as follows:    8,924        

Being all of Lots 21, 22, 23, and 26 and the east 33 feet of Lot   8,926        

37 in the Wright Re-allotment of Ely Lots 81 and 82 in Tract 5 of  8,927        

Portage Township, now in the City of Akron, said Re-allotment      8,928        

being recorded in Plat Book 9, Page 2, Recorder's Office, Summit   8,929        

County, Ohio and further known as 117 Edgerton Avenue, Akron,      8,930        

Ohio.                                                                           

      The conveyance described in this division shall include any  8,932        

buildings erected on the real estate and the contents of those     8,933        

buildings.                                                         8,934        

      (B)  Consideration for conveyance of the real estate         8,936        

described in division (A) of this section is the mutual benefit    8,937        

accruing to the state, to the City of Akron, and to the Summit     8,938        

County Alcohol, Drug Addiction and Mental Health Services Board,   8,939        

by having the Board be responsible for maintaining the property    8,940        

and operating the property as a residential mental health          8,941        

facility.                                                                       

      (C)  The Summit County Alcohol, Drug Addiction and Mental    8,943        

Health Services Board shall pay the costs of the conveyance of     8,944        

the real estate described in division (A) of this section.         8,945        

      (D)  The conveyance of the real estate described in          8,947        

division (A) of this section is subject to the condition that the  8,948        

Summit County Alcohol, Drug Addiction and Mental Health Services   8,949        

Board and its successors, assigns, and lessees shall use the real  8,950        

                                                          204    


                                                                 
estate and furnishings for the provision of mental health          8,951        

services.  If the real estate ceases to be used for the provision  8,953        

of mental health services, the state may reenter upon its former   8,954        

estate.  It shall not be a violation of the condition specified    8,955        

in this division if the Summit County Alcohol, Drug Addiction and  8,956        

Mental Health Services board leases all or part of the real        8,957        

estate to another agency or agencies for the provision of mental   8,958        

health services.                                                                

      (E)  Within one year following the effective date of this    8,960        

section, the Auditor of State, with the assistance of the          8,961        

Attorney General, shall prepare a deed to the real estate          8,962        

described in division (A) of this section.  The deed shall state   8,963        

the consideration specified in division (B) of this section and    8,964        

the condition and the right of reentry specified in division (D)   8,965        

of this section.  The deed shall be executed by the Governor in    8,966        

the name of the state, countersigned by the Secretary of State,    8,967        

sealed with the Great Seal of the State, presented in the Office   8,968        

of the Auditor of State for recording, and delivered to the        8,969        

Summit County Alcohol, Drug Addiction and Mental Health Services   8,970        

Board.  The Summit County Alcohol, Drug Addiction and Mental       8,971        

Health Services Board shall present the deed for recording in the  8,973        

Office of the Summit County Recorder.                                           

      (F)  This section expires one year after its effective       8,975        

date.                                                                           

      Section 80.  (A)  The Governor is hereby authorized to       8,977        

execute a deed in the name of the state conveying to the Trust     8,978        

for Public Land, which is working with its public collaboratives   8,980        

consisting of the Cleveland Metroparks, the National Park                       

Service, and Sagamore Hills Township, all of the state's right,    8,981        

title, and interest in the following described real estate:        8,982        

      Parcel One                                                   8,984        

      Situated in the State of Ohio, County of Cuyahoga, Village   8,986        

of Walton Hills, being part of original Bedford Township Lot 92    8,987        

further bounded and described as follows:  Beginning at a 3/4"     8,988        

                                                          205    


                                                                 
iron bar found at the southwest corner of said lot on the          8,989        

centerline of Sagamore Road (60' R/W).  Said iron bar being the    8,990        

True Place of Beginning for the parcel intended to be described                 

herein; thence, N 00°57'31" W, leaving said centerline along the   8,991        

west line of lot 92, 1033.02 feet to a 5/8" capped rebar set;      8,992        

thence, leaving the west line of said lot along the southerly      8,993        

line of land described in deed to the Board of Commissioner of     8,994        

the Cleveland Metropolitan Park District recorded in Volume 6080,  8,995        

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;    8,996        

thence, N 81°50'36" E, 283.45 feet to a 1/2" iron pin found;       8,997        

thence, N 37°48'12" E, 655.25 feet to a 1/2" iron pin found;       8,998        

thence, S 77°51'42" E, 556.56 feet to a 5/8" capped rebar on the   8,999        

west line of the former Lake Erie & Pennsylvania Railroad          9,000        

presently owned by the Cleveland Electric Illuminating Company;    9,001        

thence, S 11°09'15" W, along the westerly line of said Railroad    9,002        

lands, 600.80 feet to a 5/8" capped rebar set; thence, S           9,003        

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  9,004        

line, 900.15 feet to the centerline of Sagamore Road and the       9,005        

south line of said Township; thence, S 89°59'57" W, along the      9,006        

said centerline and Township line, 1128.63 feet to the True Place  9,007        

of Beginning and containing 38.053 acres of land but subject to    9,008        

all legal highways, easements and restrictions, if any, as                      

surveyed by Robert J. Warner, P.S., Number 6931 for Environmental  9,009        

Design Group, Inc. in August 1996.  The Basis of Bearings for the  9,010        

above described parcel is grid north of the Ohio State Plane       9,011        

Coordinate System, North Zone (NAD 83).                            9,013        

      Deed reference:  Volume 3771, page 392                       9,015        

      Parcel Two                                                   9,017        

      Situated in the State of Ohio, County of Cuyahoga, Village   9,019        

of Walton Hills, being part of Original Bedford Township Lot 92;   9,020        

beginning at an iron pin in a monument box found at the southeast  9,021        

corner of said lot on the centerline of Sagamore Road (60' R/W),   9,022        

                                                          206    


                                                                 
and the south line of said County and being the True Point of      9,023        

Beginning for the parcel intended to be described herein; thence,               

S 89°59'20" W, along said centerline and Township line, 1403.95    9,024        

feet to the easterly line of the former Lake Erie & Pennsylvania   9,025        

Railroad presently owned by Cleveland Electric Illuminating        9,026        

Company; thence, along the east line of said Railroad lands, the   9,027        

following courses and distances:  N 11°09'15" E, 880.41 feet to a  9,028        

5/8" capped rebar set; thence, S 78°50'45" E, 10.00 feet to a      9,029        

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   9,030        

Railroad lands, along the southerly line of land described in      9,031        

Deed to the United State of America recorded in Volume 14697,      9,032        

Page 99 of Cuyahoga County Records, following courses and          9,033        

distances:  S 85°38'29" E, 409.48 feet to a stone found; thence,   9,034        

N 47°33'35" E, 140.54 feet to a 1/2" iron pin found; thence, N     9,035        

01°16'29" W, 114.82 feet to a 1/2" iron pin found; thence, N       9,036        

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      9,037        

distance of 391.06 feet to the east line of Lot 92; thence, S      9,038        

01°10'27" E, along the east line of Lot 92, 2308.51 feet to the    9,039        

True Place of Beginning and containing 53.328 acres of land but    9,040        

subject to all legal highways, easements and restrictions, if      9,041        

any, as surveyed by Robert J. Warner, P.S., Number 6931 for        9,042        

Environmental Design Group, Inc. in August 1996.  The Basis of                  

Bearings for the above described parcel is grid north of the Ohio  9,043        

State Plane Coordinate System, North Zone (NAD 83).                9,045        

      Deed reference:  Volume 6647, page 192                       9,047        

      Parcel Six                                                   9,049        

      Situated in the State of Ohio, County of Summit, Township    9,051        

of Sagamore Hills, being part of original Northfield Township      9,052        

Lots 81, 82, 90, and 91, further bonded and described as follows:  9,053        

commencing for reference at an iron pin in a monument box found    9,054        

in the centerline intersection of Dunham Road (CH150 50' R/W)      9,055        

with the centerline of Sagamore Road (C.H. 1 60' R/W); thence, S                

                                                          207    


                                                                 
89°59'03" W, along the north line of said Township and the         9,056        

centerline of Sagamore Road, 969.08 feet to an iron pin in a       9,057        

monument box found; thence, S 89°59'20" W, along the centerline    9,058        

of Sagamore Road and the north line of said Township, 1454.91      9,059        

feet to an iron pin in a monument box found at the intersection    9,060        

of the centerline of the former Lake Erie & Pennsylvania                        

Railroad, presently owned by Cleveland Electric Illuminating       9,061        

Company; thence, S 89°59'57" W, continuing along the said          9,062        

centerline of said road and said Township line, 1179.59 feet to a  9,063        

3/4" iron bar found; thence, N 89°40'02" W, continuing along said  9,064        

centerline and said Township line, 1085.13 feet to a 5/8" capped   9,065        

rebar set at the True Place of Beginning for the parcel being      9,066        

described herein; thence, S 00°00'19" E, leaving said centerline   9,067        

and Township line, passing through a 5/8" capped rebar set at      9,068        

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    9,069        

rebar set; thence, N 00°50'33" E, 340.04 feet to a 5/8" capped     9,070        

rebar set; thence, N 87°39'04" E, 642.68 feet to a 5/8" capped     9,071        

rebar set in the westerly line of the former railroad lands as     9,072        

aforesaid; thence, southerly along said railroad lands the         9,073        

following courses and distances:  southwesterly, 1613.04 feet,     9,074        

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    9,075        

bears S 03°11'36" W, 1607.85 feet; N 85°13'57" E, 25.00 feet;      9,076        

southeasterly 178.55 feet along the arc of a curve deflecting to   9,077        

the left, having a radius of 5779.69 feet, a central angle of      9,078        

1°46'12" and a chord which bears S 05°39'09" E, 178.54 feet; S     9,079        

06°32'15" E, 633.18 feet; S 83°27'45" W, 10.00 feet; S 06°32'15"   9,080        

E, 417.22 feet to the centerline of Valley View Road (100' R/W)    9,081        

and passing over a 5/8" capped rebar set at 50.00 feet from        9,082        

centerline; thence along the centerline of Valley View Road the    9,083        

following courses and distances:  S 79°03'52" W, 739.48 feet;                   

southwesterly, 965.98 feet along the arc of a curve deflecting to  9,084        

the right, having a radius of 2864.79 feet, a central angle of     9,085        

                                                          208    


                                                                 
19°19'10" and a chord which bears S 88°43'27" W, 961.41 feet; N    9,086        

81°36'58" W, 149.58 feet to an iron pin in a monument box found    9,087        

in the intersection of the centerline of Chaffee Road (50' R/W)    9,088        

the west line of Lot 82; thence, N 00°47'05" W, leaving the        9,089        

centerline of Valley View Road along the west line of Lot 82                    

1617.12 feet to the center of a 8" diameter wooden fence post at   9,090        

the northwest corner of Lot 82; thence, S 89°16'06" W, leaving     9,091        

the west line of said lot, along the south line of Lot 91,         9,092        

passing through a 1 1/2 crimp top pipe found at 1992.90 feet, a    9,093        

total distance of 2048.53 feet to a railroad spike set in the      9,094        

centerline of Valley View Road; thence, along said centerline of   9,095        

following courses and distances:  N 22°59'30" W, 50.90 feet to a   9,096        

monument found at a point curvature; northwesterly, 489.43 feet    9,097        

along the arc of a curve deflecting to the left and having a       9,098        

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    9,099        

point of tangency; N 42°34'09" W, 321.76 feet to a monument found  9,100        

at a point of curvature; northwesterly, 404.07 feet along the arc  9,101        

of a curve deflecting to the right, having a radius of 3819.72, a  9,102        

central angle of 06°03'40" and a chord which bears N 39°32'19" W,  9,103        

403.88 feet to a monument found at a point of tangency; N          9,104        

36°30'29" W, 924.10 feet to a monument found at a point of         9,105        

curvature; northwesterly 294.89 feet along the arc of a curve                   

deflecting to the right, having a radius of 3819.72 feet, a        9,106        

central angle of 4°25'24" and a chord which bears N 34°17'47" W,   9,107        

294.82 feet to a railroad spike set at the southerly corner of     9,108        

land described in deed to the Cleveland Metropolitan Park          9,109        

District by Deed Volume 2251, Page 479 of Summit County Records    9,110        

of Deeds; thence, along the southerly and easterly lines of said   9,111        

park lands the following courses and distances:  N 57°58'01" E,    9,112        

70.80 feet to a 5/8" capped rebar found at a point of curvature;   9,113        

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        9,114        

54°24'02" and a chord which bears N 30°46'00" E, 68.57 feet to a   9,115        

                                                          209    


                                                                 
5/8" capped rebar set at a point of tangency; N 03°33'59" E,       9,116        

272.19 feet to a 5/8" capped rebar set; northeasterly, 100.96      9,117        

feet along the arc of a curve deflecting to the right, having a    9,118        

radius of 400.00 feet, a central angle of 14°27'41" and a chord    9,119        

which bears N 10°47'47" E, 100.69 feet to a 5/8" capped rebar set               

at a point of tangency; N 18°01'40" E, 111.22 feet to a 5/8"       9,120        

capped rebar set at a point of curvature; northeasterly, 189.34    9,121        

feet along the arc of a curve deflecting to the right, having a    9,122        

radius of 150.00 feet, a central angle of 72°19'01" and a chord    9,123        

which bears 54°11'11" E, 177.01 feet to the north long of said     9,124        

township and the centerline of Sagamore Road; thence, S 89°39'19"  9,125        

E, along the north line of said Township, 1214.91 feet to a        9,126        

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,      9,127        

along the north line of said Township, 555.03 feet to True Place   9,128        

of Beginning and containing 282.505 acres of land but subject to   9,129        

all legal highways, easements and restrictions, if any, as         9,130        

surveyed by Robert J. Warner, P.S., Number 6931 for Environmental  9,131        

Design Group, Inc. in August of 1996.  The Basis of Bearings for   9,132        

the above described parcel is grid north of the Ohio State Plane                

Coordinate System, North Zone.                                     9,134        

    Deed references:  Volume 86, page 307                          9,136        

                      Volume 1085, page 520                        9,137        

                      Volume 1116, page 297                        9,138        

                      Volume 1838, page 1                          9,139        

                      Volume 1935, page 530                        9,140        

                      Volume 3678, page 152                        9,141        

      (B)  Consideration for conveyance of the real estate         9,143        

described in division (A) of this section is the purchase price    9,144        

of $1,600,000.                                                                  

      (C)  The Trust for Public Land shall pay the costs of the    9,146        

conveyance of the real estate described in division (A) of this    9,147        

section.  Proceeds from the sale shall be deposited in the         9,148        

Department of Mental Health Trust Fund in accordance with section  9,149        

                                                          210    


                                                                 
5119.18 of the Revised Code.                                                    

      (D)  Within thirty days after the effective date of this     9,151        

section, the Trust for Public Land shall have both the financing   9,152        

plan and the time frame for closing of property approved by the    9,153        

Department of Mental Health.  If the Trust for Public Land fails   9,154        

to comply with this requirement within such thirty days, or        9,155        

within an extended time frame agreed to by the state, by and                    

through the Department of Mental Health, the state may             9,156        

immediately terminate its obligation to proceed with the           9,157        

conveyance of the real estate described in division (A) of this    9,159        

section.                                                                        

      (E)  Within one year after the effective date of this        9,161        

section, and upon payment of the purchase price by the Trust for   9,162        

Public Land, the Auditor of State, with the assistance of the      9,163        

Attorney General, shall prepare a deed to the real estate          9,164        

described in division (A) of this section.  The deed shall state   9,165        

consideration specified in division (B) of this section and the                 

costs associated with division (C) of this section.  The deed      9,166        

shall be executed by the Governor in the name of the state,        9,167        

countersigned by the Secretary of State, sealed with the Great     9,168        

Seal of the State, presented in the Office of the Auditor of       9,169        

State for recording, and delivered to the Trust for Public Land.                

The Trust for Public Land shall present the deed for recording in  9,170        

the Office of the Cuyahoga County Recorder and the Office of the   9,171        

Summit County Recorder.                                                         

      (F)  This section expires one year after its effective       9,173        

date.                                                                           

      Section 81.  Development of the Site of the Old State        9,175        

School for the Blind                                               9,176        

      Notwithstanding any other provision of law, the Department   9,178        

of Administrative Services is hereby authorized to enter into a    9,180        

lease for a period not to exceed ninety-nine years, with the City               

of Columbus for a consideration of one dollar and other valuable   9,181        

consideration, or with a developer, in accordance with this        9,182        

                                                          211    


                                                                 
section, for the following described real estate:                  9,184        

      Being all of those lands conveyed to the State of Ohio by    9,186        

Deeds of Record in the Franklin County Recorder's Office, also     9,187        

being a part of Half Section 24, Township 5, Range 22, Refugee     9,188        

Lands and bounded as follows:                                                   

      On the West by the East Right-of-Way line of Parsons         9,190        

Avenue, on the North by the South line of a Bryden Alley, a part   9,191        

of George M. Parsons Subdivision of record in Plat Book 3, page    9,192        

316, Recorder's Office, Franklin County, Ohio, on the East by the  9,193        

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    9,194        

Acres, more or less, subject, however to any existing easements    9,195        

and rights-of-way.                                                              

      "Developer," as used in this section, has the same meaning   9,197        

as in section 123.77 of the Revised Code.  The Department of       9,198        

Administrative Services may solicit redevelopment proposals from   9,199        

developers to develop the site in the event that the City of       9,200        

Columbus elects not to develop the property.  A selection shall    9,201        

be made on the basis of the proposal that serves the best                       

interest of the state as determined by the Department of           9,202        

Administrative Services.                                           9,203        

      Such a lease shall be for the purpose of the redevelopment   9,205        

of the land and buildings.  The City of Columbus or a developer    9,206        

desiring to lease the land shall prepare for submission to the     9,207        

Department a plan for redevelopment which retains, where           9,208        

feasible, the existing characteristics of the site.  Plans shall   9,209        

include provisions for roads, sewers, water lines, waste                        

disposal, water supply, and similar matters to meet the            9,210        

requirements of state and local laws.  The plans shall also        9,211        

include provision for protection of the property by insurance or   9,212        

otherwise, and plans for financing the redevelopment, and shall    9,213        

set forth details of the City of Columbus' or the developer's      9,214        

financial responsibility.                                          9,215        

      The Department may employ, as employees or consultants,      9,217        

                                                          212    


                                                                 
persons needed to assist in reviewing the development plans.       9,218        

Those persons may include attorneys, financial experts,            9,219        

engineers, and necessary experts.  The department shall review     9,221        

the development plans and may enter into a lease if it finds all                

of the following:                                                  9,222        

      (A)  The best interests of the state will be promoted by     9,224        

entering into a lease;                                             9,225        

      (B)  The development plans are satisfactory;                 9,227        

      (C)  The City of Columbus or the developer has established   9,229        

its financial responsibility and satisfactory plans for financing  9,230        

the development.                                                                

      The lease shall contain a provision that construction or     9,232        

renovation of the buildings, roads, structures, and necessary      9,233        

facilities shall proceed according to a schedule agreed to         9,235        

between the department and the City of Columbus or the developer;               

otherwise the lease shall be terminated.  The lease shall contain  9,236        

such conditions and stipulations as the Director considers         9,237        

necessary to preserve the best interest of the state.  The lease   9,238        

may contain a provision authorizing a lease purchase option for    9,239        

the fair market value of the real estate described above.  Moneys  9,240        

received by the state pursuant to this lease or sale shall be                   

paid in to the General Revenue Fund.  In the event of              9,241        

redevelopment by the City of Columbus, the lease shall provide     9,242        

that, at the end of the 99-year lease period, the land,            9,243        

buildings, structures, and related improvements shall become the   9,244        

property of the City of Columbus without cost.  At any time                     

during the term of the lease, the City of Columbus, at its         9,245        

option, may purchase the property from the state at fair market    9,246        

value less the value of improvements funded by the city and as     9,247        

determined by two independent appraisals.  In the event of         9,248        

redevelopment by a developer established pursuant to Chapter       9,249        

1724. of the Revised Code, the lease shall provide that at the     9,250        

end of the lease period the buildings, structures, and related     9,251        

improvements shall become the property of the state without cost.               

                                                          213    


                                                                 
      Section 82.  Support for the AVLIS Production Facility       9,253        

      The General Assembly hereby expresses its support of the     9,255        

efforts of the Department of Development to attract to Ohio an     9,256        

atomic vapor laser isotope separation (AVLIS) production facility  9,257        

to be located at the Portsmouth Gaseous Diffusion Plant in         9,258        

Piketon.  It is the intent of the General Assembly, in support of  9,259        

the creation and retention of jobs at the Piketon facility, the                 

conversion to civilian purposes of facilities previously           9,260        

dedicated to defense production purposes, and the general          9,261        

economic development of the Southern region of Ohio, to provide    9,262        

resources consistent with the department's proposal for            9,263        

infrastructure and job training support should the department be                

successful in attracting the facility to Ohio.                     9,264        

      Section 83.  (A)  The employees of the Department of Mental  9,266        

Health who are employed at the Central Laboratory of the Office    9,267        

of Support Services shall be transferred on the effective date of  9,268        

this section to the employment of the Department of                9,269        

Rehabilitation and Correction.  With regard to the transfer, the                

Department of Rehabilitation and Correction and the Department of  9,270        

Mental Health shall enter into agreement with respect to the       9,271        

delivery of laboratory services and the classification of the      9,272        

positions of employees who are transferred to the Department of    9,273        

Rehabilitation and Correction.                                                  

      If the Department of Rehabilitation and Correction           9,275        

classifies a position of an employee transferred from the          9,276        

Department of Mental Health in the same or a similar               9,277        

classification as that given to that position by the Department                 

of Mental Health, the employee holding that position shall be      9,278        

transferred to that classification in the Department of            9,279        

Rehabilitation and Correction.  If an employee transferred to the  9,280        

Department of Rehabilitation and Correction cannot be transferred  9,281        

to a position in such a same or similar classification, the                     

employee shall be transferred to a position in an appropriate      9,282        

classification in the Department, as certified by the Director of  9,283        

                                                          214    


                                                                 
Administrative Services.  All employees transferred shall suffer   9,284        

no harm and retain their respective civil service classification   9,285        

and status together with all rights they may have under Chapter    9,286        

124. or 4117. of the Revised Code, including rights, benefits,                  

and privileges provided by collective bargaining agreements        9,287        

negotiated pursuant to Chapter 4117. of the Revised Code.          9,288        

Notwithstanding section 124.13 of the Revised Code, those          9,289        

employees shall retain all vacation leave and other benefits they  9,290        

earned as employees of the Department of Mental Health.                         

      (B)  Equipment, inventory, and supplies belonging to the     9,292        

Central Laboratory of the Office of Support Services of the        9,293        

Department of Mental Health that are needed for use in the         9,294        

Department of Rehabilitation and Correction laboratory shall be    9,295        

transferred on the effective date of this section along with the                

laboratory services and employees described in division (A) of     9,296        

this section.                                                                   

      Section 84.  That Sections 20, 29, 40, and 112 of Am. Sub.   9,298        

H.B. 215 of the 122nd General Assembly be amended to read as       9,300        

follows:                                                                        

      "Sec. 20.  DAS  DEPARTMENT OF ADMINISTRATIVE SERVICES        9,302        

General Revenue Fund                                               9,304        

GRF 100-402 Unemployment                                           9,307        

            Compensation          $      142,825 $      137,747    9,309        

GRF 100-405 Agency Audit Expenses $      819,538 $      434,408    9,313        

GRF 100-406 County Personnel                                       9,315        

            Services              $    1,226,010 $    1,308,378    9,317        

GRF 100-408 Buy Ohio Promotions   $       23,765 $       24,359    9,321        

GRF 100-409 Departmental                                           9,323        

            Information Services  $    1,291,573 $    1,321,103    9,325        

GRF 100-412 Information Center    $    1,067,449 $    1,095,203    9,329        

GRF 100-414 Ohio Geographically                                    9,331        

            Referenced                                                          

            Information Program   $      616,902 $      631,383    9,333        

GRF 100-416 Strategic Technology  $    4,864,784 $    4,931,830    9,337        

                                                          215    


                                                                 
GRF 100-417 MARCS                 $    3,374,984 $    4,125,310    9,341        

GRF 100-419 SOMACS                $    4,807,130 $    4,927,123    9,345        

GRF 100-420 Suggestion Awards     $      168,634 $      170,975    9,349        

GRF 100-429 Agency Business                                        9,351        

            Support Services      $    1,388,806 $    1,385,439    9,353        

GRF 100-430 Year 2000 Assistance  $    8,013,493 $    5,261,984    9,357        

GRF 100-431 Set Aside Review                                       9,359        

            Board                 $       87,181 $       79,620    9,361        

GRF 100-433 State of Ohio                                          9,363        

            Computer Center       $    4,937,702 $    5,087,138    9,365        

GRF 100-435 State Government                                       9,367        

            Energy Program        $      429,256 $      437,832    9,369        

GRF 100-438 ODOT BUILDING                                          9,371        

            PAYMENTS              $            0 $    1,000,000    9,373        

GRF 100-447 OBA - Building Rent                                    9,375        

            Payments              $   71,764,000 $   80,914,000    9,377        

GRF 100-448 OBA - Building                                         9,379        

            Operating Payments    $   25,498,000 $   25,498,000    9,381        

GRF 100-449 DAS - Building                                         9,383        

            Operating Payments    $    4,035,679 $    4,054,301    9,385        

GRF 100-451 Minority Affairs      $      124,827 $      125,953    9,389        

GRF 100-734 Major Maintenance     $      100,000 $      100,000    9,393        

GRF 102-321 EOC Compliance        $    1,494,373 $    1,355,596    9,397        

GRF 130-321 Bureau of Real Estate $    2,254,317 $    2,315,294    9,401        

TOTAL GRF General Revenue Fund    $  138,531,228 $  145,722,976    9,404        

General Services Fund Group                                        9,407        

112 100-616 Director's Office     $    4,572,437 $    4,687,063    9,412        

115 100-632 Central Service                                        9,414        

            Agency                $      409,735 $      412,518    9,416        

117 100-644 General Services                                       9,418        

            Administration        $    5,551,419 $    5,937,495    9,420        

122 100-637 Fleet Management      $    1,394,647 $    1,432,988    9,424        

125 100-622 Personnel Services    $   16,222,008 $   16,723,131    9,428        

                                                          216    


                                                                 
127 100-627 Vehicle Liability                                      9,430        

            Insurance             $    3,924,959 $    4,034,239    9,432        

128 100-620 Collective Bargaining $    3,652,897 $    3,675,550    9,436        

130 100-606 State Insurance Pool  $       99,983 $      102,658    9,440        

131 100-639 State Architect's                                      9,442        

            Office                $    5,989,051 $    6,058,112    9,444        

132 100-631 Facilities Management $    7,761,319 $    7,932,202    9,448        

188 100-649 State EOC             $    2,219,080 $    2,051,620    9,452        

201 100-653 General Services                                       9,454        

            Resale Merchandise    $    1,891,357 $    1,944,315    9,456        

210 100-612 State Printing        $    5,688,995 $    5,831,735    9,460        

4H2 100-604 Governor's Residence                                   9,462        

            Gift                  $       20,560 $       21,136    9,464        

427 100-602 Investment Recovery   $    3,110,486 $    3,197,752    9,468        

4P3 100-603 Departmental MIS                                       9,470        

            Services              $    5,633,414 $    6,118,350    9,472        

5C2 100-605 MARCS Administration  $            0 $    2,988,056    9,476        

5C3 100-608 Skilled Trades        $    2,112,280 $    2,164,039    9,480        

5D7 100-621 Workforce Development $    4,000,000 $    8,000,000    9,484        

TOTAL GSF General Services Fund                                    9,485        

   Group                          $   74,254,627 $   83,312,959    9,488        

Intragovernmental Service Fund Group                               9,491        

123 100-613 Telecommunications    $   35,623,686 $   36,609,209    9,496        

133 100-607 Computer Services     $   44,107,222 $   45,958,060    9,500        

4N6 100-617 Equipment Purchases   $    5,988,546 $   18,588,924    9,504        

TOTAL ISF Intragovernmental                                        9,505        

   Service Fund Group             $   85,719,454 $  101,156,193    9,508        

Agency Fund Group                                                  9,511        

113 100-628 Unemployment                                           9,514        

            Compensation          $    4,525,227 $    4,651,933    9,516        

124 100-629 Payroll Withholding   $1,650,000,000 $1,700,000,000    9,520        

TOTAL AGY Agency Fund Group       $1,654,525,227 $1,704,651,933    9,523        

Holding Account Redistribution Fund Group                          9,526        

                                                          217    


                                                                 
R08 100-646 General Services                                       9,529        

            Refunds               $       16,000 $       17,000    9,531        

TOTAL 090 Holding Account                                          9,532        

   Redistribution Fund Group      $       16,000 $       17,000    9,535        

TOTAL ALL BUDGET FUND GROUPS      $1,953,046,536 $2,034,861,061    9,538        

      ODOT BUILDING PAYMENTS                                       9,542        

      THE FOREGOING APPROPRIATION ITEM 100-438, ODOT BUILDING      9,545        

PAYMENTS, SHALL BE USED AS THE FIRST INSTALLMENT TOWARD                         

COMPENSATING THE DEPARTMENT OF TRANSPORTATION FOR THE PROPERTY     9,546        

LOCATED AT 25 SOUTH FRONT STREET, COLUMBUS, OHIO.  IN FISCAL YEAR  9,548        

1999, THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL TRANSFER       9,549        

$1,000,000 IN CASH FROM THE GENERAL REVENUE FUND TO THE OHIO       9,551        

DEPARTMENT OF TRANSPORTATION USING AN INTRASTATE TRANSFER          9,552        

VOUCHER.  THE DIRECTOR OF TRANSPORTATION SHALL DEPOSIT THE CASH    9,553        

INTO THE HIGHWAY OPERATING FUND (FUND 002).                        9,554        

      Sec. 29.  AFC  OHIO ARTS AND SPORTS FACILITIES COMMISSION    9,556        

General Revenue Fund                                               9,558        

GRF 371-321 Operating Expenses    $      727,906 $      837,906    9,563        

GRF 371-401 Lease Rental Payments $   15,903,000 $   24,775,000    9,567        

TOTAL GRF General Revenue Fund    $   16,630,906 $   25,612,906    9,570        

General Services Fund Group                                        9,573        

4T8 371-601 Administration Fund   $       20,560 $       21,136    9,578        

5A1 371-602 Capital Donations     $    1,000,000 $    1,000,000    9,582        

                                                            -0-    9,583        

TOTAL GSF General Services Fund                                    9,584        

   Group                          $    1,020,560 $    1,021,136    9,587        

TOTAL ALL BUDGET FUND GROUPS      $   17,651,466 $   26,634,042    9,590        

                                                     25,634,042    9,591        

      Capital Donations Fund                                       9,594        

      The Executive Director of the Arts and Sports Facilities     9,596        

Commission shall certify to the Director of Budget and Management  9,597        

the amount of cash receipts and related investment income,         9,598        

irrevocable letters of credit from a bank or private nonprofit     9,599        

entity, or certification of the availability of funds which have   9,600        

                                                          218    


                                                                 
been received from a county or city auditor for deposit to the                  

Capital Donations Fund.  These amounts are hereby appropriated to  9,601        

line APPROPRIATION item 371-602, Capital Donations.  Prior to      9,603        

certifying these amounts to the director, the executive director   9,604        

shall make a written agreement with the participating entity on    9,605        

the necessary cash flows required for the anticipated                           

construction or equipment acquisition project.                     9,606        

      Ohio Building Authority Lease Payments                       9,608        

      Appropriations to the Arts and Sports Facilities Commission  9,610        

from the General Revenue Fund include $40,678,000 for the          9,611        

biennium for appropriation item 371-401, Lease Rental Payments.    9,612        

This appropriation shall be used for payments to the Ohio          9,613        

Building Authority for the period July 1, 1997 to June 30, 1999,   9,614        

pursuant to the primary leases and agreements for those buildings  9,615        

made under Chapter 152. of the Revised Code which are the source   9,616        

of funds pledged for bond service charges on related obligations   9,617        

issued pursuant to Chapter 152. of the Revised Code.               9,618        

      Sec. 40.  CEB  CONTROLLING BOARD                             9,620        

General Revenue Fund                                               9,622        

GRF 911-401 Emergency                                              9,625        

            Purposes/Contingencies$    6,000,000 $    6,000,000    9,627        

GRF 911-402 Employee Compensation                                  9,629        

            Adjustment            $   31,700,000 $   62,300,000    9,631        

GRF 911-403 School District                                        9,633        

            Financial Planning    $      250,000 $      250,000    9,635        

GRF 911-404 Mandate Assistance    $    2,800,000 $    2,800,000    9,639        

GRF 911-423 Army National Guard   $      800,000 $            0    9,643        

GRF 911-430 Emergency 9-1-1                                        9,645        

            Training              $      250,000 $      250,000    9,647        

GRF 911-433 AFIT                  $      500,000 $    3,500,000    9,651        

GRF 911-436 Rural Fire                                             9,653        

            Departments           $      250,000 $      250,000    9,655        

GRF 911-440 Airport Improvements  $    2,000,000 $    2,000,000    9,659        

TOTAL GRF General Revenue Fund    $   44,550,000 $   77,350,000    9,662        

                                                          219    


                                                                 
State Special Revenue Fund Group                                   9,664        

5E2 911-601 Disaster Services     $   37,164,000 $            0    9,669        

                                                     31,868,347    9,670        

TOTAL SSR State Special                                            9,671        

Revenue Fund Group                $   37,164,000 $            0    9,674        

                                                     31,868,347    9,675        

TOTAL ALL BUDGET FUND GROUPS      $   81,714,000 $   77,350,000    9,678        

                                                    109,218,347    9,679        

      Federal Share                                                9,682        

      In transferring appropriations to or from appropriation      9,684        

line items which have federal shares identified in this act AM.    9,686        

SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, the Controlling       9,687        

Board shall add or subtract corresponding amounts of federal       9,688        

matching funds at the percentages indicated by the state and       9,689        

federal division of the appropriations in this act H.B. 215.       9,691        

Such changes are hereby appropriated.                              9,692        

      Disaster Assistance                                          9,694        

      Pursuant to requests submitted by the Department of Public   9,696        

Safety, the Controlling Board may approve transfers from the       9,697        

foregoing appropriation item 911-401, Emergency                    9,698        

Purposes/Contingencies, to a Department of Public Safety General   9,699        

Revenue Fund line APPROPRIATION item to provide funding for        9,700        

assistance to political subdivisions made necessary by natural     9,701        

disasters or emergencies.  Such transfers may be requested and     9,702        

approved prior to the occurrence of any specific natural           9,703        

disasters or emergencies in order to facilitate the provision of   9,704        

timely assistance.  The Emergency Management Agency of the                      

Department of Public Safety shall use such funding for disaster    9,705        

aid requests which meet Controlling Board criteria for             9,706        

assistance.  The department shall submit a report to the           9,707        

Controlling Board quarterly describing all such disaster aid.                   

      Southern Ohio Correctional Facility Cost                     9,709        

      The Office of Criminal Justice Services and the Public       9,711        

Defender Commission may each request, upon approval of the         9,712        

                                                          220    


                                                                 
Director of Budget and Management, additional funds from the       9,713        

foregoing appropriation item 911-401, Emergency                    9,714        

Purposes/Contingencies, for costs related to the disturbance that  9,715        

occurred on April 11, 1993, at the Southern Ohio Correctional      9,716        

Facility in Lucasville, Ohio.                                      9,717        

      Disaster Services                                            9,719        

      The foregoing appropriation item 911-601, Disaster           9,721        

Services, which is hereby created in the state treasury, shall be  9,722        

used by the Controlling Board, pursuant to requests submitted by   9,723        

state agencies, to transfer cash and appropriation authority to    9,724        

any fund of the state for the payment of state agency program      9,725        

expenses related to the FOLLOWING:                                 9,726        

      (1)  THE southern Ohio flooding, referred to as              9,729        

FEMA-DR-1164-OH, and, if;                                                       

      (2)  THE FLOOD/STORM DISASTER REFERRED TO AS                 9,733        

FEMA-DR-1227-OH; AND                                                            

      (3)  IF the Director of Budget and Management determines     9,737        

that sufficient funds exist beyond the expected program costs of   9,738        

the southern Ohio flooding THESE TWO DISASTERS, other disasters    9,739        

declared by the Governor.                                          9,740        

      THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER         9,743        

$26,200,000 FROM THE GENERAL REVENUE FUND TO FUND 5E2, DISASTER    9,744        

SERVICES FUND, OF THE CONTROLLING BOARD.                           9,745        

      Employee Compensation                                        9,747        

      Notwithstanding division (D) of section 127.14 and division  9,749        

(B) of section 131.35 of the Revised Code, except for the General  9,750        

Revenue Fund, the Controlling Board may, upon the request of       9,751        

either the Director of Budget and Management, or a state agency    9,752        

with the approval of the Director of Budget and Management,        9,753        

increase appropriations for any fund, as necessary for the         9,754        

various state agencies, to assist in paying the costs of           9,755        

increases in employee compensation that occur on or after July 1,  9,756        

1997, that are provided pursuant to collective bargaining          9,757        

agreements under Chapter 4117. of the Revised Code and the costs   9,758        

                                                          221    


                                                                 
of increased compensation provided for employees that are exempt   9,759        

from collective bargaining.                                        9,760        

      The Controlling Board may transfer appropriations from the   9,762        

foregoing appropriation item 911-402, Employee Compensation        9,763        

Adjustment, to the various agencies based on requests submitted    9,764        

by the Director of Budget and Management to assist in paying for   9,765        

the General Revenue Fund's share of employee compensation          9,766        

increases resulting from collective bargaining agreements under                 

Chapter 4117. of the Revised Code and the costs of increased       9,767        

compensation that are provided to employees that are exempt from   9,768        

collective bargaining.                                                          

      School District Financial Planning                           9,770        

      The foregoing appropriation item 911-403, School District    9,772        

Financial Planning, shall be used to pay costs of implementing     9,773        

school district watch and fiscal emergency provisions of sections  9,775        

3316.01 to 3316.08 of the Revised Code, including the expenses of  9,776        

the School District Financial Planning and Supervision             9,777        

Commission. Upon the request of any agency involved in             9,778        

implementing the school district watch or fiscal emergency                      

provisions, the Controlling Board may transfer all or part of the  9,780        

appropriation to the agency.                                                    

      Mandate Assistance                                           9,782        

      (A)  The foregoing appropriation item 911-404, Mandate       9,784        

Assistance, shall be used to provide financial assistance to       9,785        

local units of government, school districts, and fire departments  9,787        

for the cost of the following four unfunded state mandates:        9,788        

      (1)  The cost to county boards of elections for advertising  9,790        

state ballot issues;                                               9,791        

      (2)  The cost to county prosecutors for prosecuting certain  9,793        

felonies that occur on the grounds of state institutions operated  9,795        

by the Department of Rehabilitation and Correction and the         9,796        

Department of Youth Services;                                                   

      (3)  The cost, primarily to small villages and townships,    9,798        

of providing firefighter training and equipment or gear; and       9,799        

                                                          222    


                                                                 
      (4)  The cost to school districts of in-service training     9,801        

for child abuse detection.                                         9,802        

      (B)  The State and Local Government Commission may prepare   9,804        

and submit to the Controlling Board one or more requests to        9,805        

transfer appropriations from appropriation item 911-404, Mandate   9,806        

Assistance, to the state agencies charged with administering the   9,807        

state financial assistance to be provided under this section.      9,808        

The state agencies charged with this administrative                9,810        

responsibility are listed below, as well as the estimated annual   9,811        

amounts that the commission may propose be used for each program   9,813        

of state financial assistance.                                     9,814        

                           Administering       Estimated Annual    9,819        

        Program                Agency               Amount         9,822        

Advertising Costs       Ohio Ballot Board          $800,000        9,826        

Prosecution Costs       Office of Criminal                         9,828        

                        Justice Services           $200,000        9,830        

Firefighter Training    Department of                              9,832        

   Costs                Commerce                  $1,000,000       9,833        

Child Abuse Detection   Department of                              9,835        

   Training Costs       Education                  $800,000        9,836        

      (C)  Subject to the total amount appropriated in each        9,839        

fiscal year for appropriation item 911-404, Mandate Assistance,    9,840        

the commission may propose to the Controlling Board that amounts   9,842        

smaller or larger than these estimated annual amounts be           9,843        

transferred to each program.                                       9,844        

      (D)  In addition to making the initial transfers requested   9,846        

by the commission, the Controlling Board may, if requested by the  9,848        

commission, transfer appropriations received by a state agency     9,850        

under this section back to appropriation item 911-404, Mandate     9,851        

Assistance, or to one or more of the other programs of state       9,852        

financial assistance identified under this section.                9,853        

      (E)  It is expected that not all costs incurred by local     9,855        

units of government, school districts, and fire departments under  9,856        

each of the four programs of state financial assistance            9,857        

                                                          223    


                                                                 
identified under this section will be fully reimbursed by the      9,858        

state.  Reimbursement levels may vary by program and will be       9,859        

based on: the relationship between the appropriation transfers     9,860        

requested by the commission and provided by the Controlling Board  9,861        

for each of the programs; the rules and procedures established     9,863        

for each program by the commission and the administering state     9,864        

agency; and the actual costs incurred by local units of            9,866        

government, school districts, and fire departments.                9,867        

      (F)  Each of these programs of state financial assistance    9,869        

shall be carried out as follows:                                   9,870        

      (1)  Advertising Costs                                       9,872        

      Appropriations may be transferred to the Ohio Ballot Board   9,874        

for use as full or partial reimbursement to county boards of       9,875        

elections for the cost of public notices associated with           9,876        

statewide ballot initiatives.                                      9,877        

      (2)  Prosecution Costs                                       9,879        

      (a)  Appropriations may be transferred to the Office of      9,881        

Criminal Justice Services to cover local prosecution costs for     9,882        

aggravated murder, murder, felonies of the first degree, and       9,883        

felonies of the second degree that occur on the grounds of         9,884        

institutions operated by the Department of Rehabilitation and      9,885        

Correction and the Department of Youth Services on or after July   9,886        

1, 1995.                                                                        

      (b)  Upon a delinquency filing in juvenile court or the      9,888        

return of an indictment for aggravated murder, murder, or any      9,889        

felony of the first or second degree that was committed at a       9,890        

Department of Youth Services or a Department of Rehabilitation     9,891        

and Correction institution, the affected county may, in            9,892        

accordance with rules that the Office of Criminal Justice          9,893        

Services shall adopt, apply to the Office of Criminal Justice      9,894        

Services for a grant to cover all documented costs that are        9,895        

incurred by the county prosecutor's office.                        9,896        

      (c)  Twice each year, the Office of Criminal Justice         9,898        

Services shall designate counties to receive grants from those     9,900        

                                                          224    


                                                                 
counties that have submitted one or more applications in           9,901        

compliance with the rules that have been adopted by the Office of  9,902        

Criminal Justice Services for the receipt of such grants.  In      9,903        

each year's first round of grant awards, if sufficient             9,904        

appropriations have been appropriated, up to a total of $100,000   9,905        

may be awarded.  In each year's second round of grant awards, the  9,907        

remaining appropriations available for this purpose may be         9,908        

awarded.                                                                        

      (d)  If for a given round of grants there are insufficient   9,910        

appropriations to make grant awards to all of the eligible         9,911        

counties, the first priority shall be given to counties with       9,912        

cases involving aggravated murder and murder, second priority      9,913        

shall be given to cases involving a felony of the first degree,    9,915        

and third priority shall be given to cases involving a felony of   9,916        

the second degree.  Within these priorities, the grant awards      9,917        

shall be based on the order in which the applications were         9,918        

received, except that applications for cases involving a felony    9,919        

of the first or second degree shall not be considered in more      9,920        

than two consecutive rounds of grant awards.                                    

      (3)  Firefighter Training Costs                              9,922        

      Appropriations may be transferred to the Department of       9,924        

Commerce for use as full or partial reimbursement to local units   9,925        

of government and fire departments for the cost of firefighter     9,926        

training and equipment or gear.  In accordance with rules that     9,927        

the department shall adopt, a local unit of government or fire     9,928        

department may apply to the department for a grant to cover all    9,929        

documented costs that are incurred to provide firefighter          9,930        

training and equipment or gear.  The department shall make grants  9,931        

within the limits of the funding provided, with priority given to  9,933        

fire departments that serve small villages and townships.                       

      (4)  Child Abuse Detection Training Costs                    9,935        

      Appropriations may be transferred to the Department of       9,937        

Education for disbursement to local school districts as full or    9,938        

partial reimbursement for the cost of providing in-service         9,939        

                                                          225    


                                                                 
training for child abuse detection.  In accordance with rules      9,940        

that the department shall adopt, a local school district may       9,941        

apply to the department for a grant to cover all documented costs  9,942        

that are incurred to provide in-service training for child abuse   9,943        

detection.  The department shall make grants within the limits of  9,944        

the funding provided.                                              9,945        

      Army National Guard                                          9,947        

      If the Director of Administrative Services sells a parcel    9,949        

of land to a village or municipal corporation pursuant to          9,950        

division (B)(1) of Section 2 of Am. Sub. H.B. 376 of the 121st     9,951        

General Assembly, or to a county pursuant to division (B)(2) of    9,952        

Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly, the  9,954        

village, municipal corporation, or county, after making the offer  9,955        

to purchase the parcel, may request that the Office of Budget and  9,956        

Management approach the Controlling Board for release of up to 50  9,957        

per cent of the sale price from the foregoing appropriation item   9,958        

911-423, Army National Guard, to the political subdivision.  The   9,959        

amount approved by the Controlling Board shall be transferred to   9,960        

the Office of Budget and Management's appropriation item 042-404,  9,961        

Armory Reimbursement, whereupon the Director of Budget and         9,962        

Management shall act as the fiscal agent for the payment.  Any     9,963        

amounts so transferred are hereby appropriated.  Any amount not    9,964        

released in fiscal year 1998 shall be transferred to fiscal year   9,965        

1999 and is hereby appropriated.                                   9,966        

      Notwithstanding division (D) of Section 2 of Am. Sub. H.B.   9,968        

376 of the 121st General Assembly, if a village, municipal         9,970        

corporation, or county that receives a payment pursuant to this    9,971        

section sells the parcel within two years after purchasing it,     9,972        

the political subdivision shall pay to the state both of the       9,973        

following:                                                                      

      (A) An amount equal to the payment made pursuant to this     9,975        

section.  Such payment shall be deposited to the credit of the     9,976        

General Revenue Fund.                                              9,977        

      (B) An amount equal to one-half of any net profits from the  9,979        

                                                          226    


                                                                 
sale.  Such payment shall be deposited to the credit of the        9,980        

Armory Improvements Fund created pursuant to section 5911.10 of    9,981        

the Revised Code.                                                  9,982        

      Net profit shall be calculated by subtracting from the       9,984        

selling price of the parcel the original purchase price paid by    9,985        

the political subdivision and any expenditures by the political    9,986        

subdivision for the public improvements on the parcel.             9,987        

      Upon disposing of all parcels pursuant to Section 2 of Am.   9,989        

Sub. H.B. 376 of the 121st General Assembly, the Adjutant General  9,991        

may request release of any amount remaining in appropriation item  9,992        

911-423, Army National Guard, to be used exclusively for the       9,993        

purpose of armory maintenance and repair.                                       

      Emergency 9-1-1 Training                                     9,995        

      Of the foregoing appropriation item 911-430, Emergency       9,997        

9-1-1 Training, any unencumbered and unallotted fiscal year 1998   9,998        

amounts shall be transferred by the Director of Budget and         9,999        

Management to appropriation item 911-430, Emergency 9-1-1          10,000       

Training, in fiscal year 1999.  Those amounts so transferred from  10,001       

fiscal year 1998 to fiscal year 1999 are hereby appropriated.      10,002       

      AFIT                                                         10,004       

      Of the foregoing appropriation item 911-433, AFIT, no funds  10,006       

shall be released in fiscal year 1998 or fiscal year 1999 until    10,007       

the Board of Regents present to the Controlling Board a spending   10,008       

plan for AFIT, subsequent to the consortium of universities        10,009       

unanimously agreeing on such plan.                                 10,010       

      Rural Fire Departments                                       10,012       

      Upon the passage of legislation by the 122nd General         10,014       

Assembly, the Department of Commerce may apply for release of      10,015       

funds from the foregoing appropriation item 911-436, Rural Fire    10,016       

Departments.                                                       10,017       

      Sec. 112.  SLC  OHIO STUDENT AID COMMISSION                  10,019       

State Special Revenue Fund Group                                   10,021       

462 373-603 Operating Expenses    $    2,586,603 $            0    10,026       

                                                         15,000    10,027       

                                                          227    


                                                                 
TOTAL SSR State Special Revenue                                    10,028       

   Fund Group                     $    2,586,603 $            0    10,031       

                                                         15,000    10,032       

TOTAL ALL BUDGET FUND GROUPS      $    2,586,603 $            0    10,035       

                                                         15,000    10,036       

      Commission Termination Authority                             10,039       

      The foregoing appropriation item 373-603, Operating          10,041       

Expenses, shall be used by the Director of Budget and Management   10,043       

to satisfy any outstanding financial obligations of the Ohio       10,044       

Student Aid Commission.  The appropriation item may also be used   10,045       

to incur any new obligations associated with the termination of    10,046       

the operations of the Student Aid Commission. The AFTER ALL        10,047       

OBLIGATIONS HAVE BEEN MET, THE Director shall transfer DISBURSE    10,048       

any unobligated balance in the Operating Expenses Fund (Fund       10,050       

462), remaining on NO LATER THAN June 30, 1998 1999, to such       10,051       

entity as shall be designated by written directive of the federal  10,053       

agency responsible for administering the Federal Family Education  10,054       

Loan Program.  Amounts necessary to complete MAKE this transfer    10,055       

DISBURSEMENT are hereby appropriated. The Director of Budget and   10,056       

Management shall take such actions as are necessary to complete    10,057       

the termination of the operations of the Ohio Student Aid          10,058       

Commission and may take steps to request of the General Assembly   10,059       

the repeal of the Commission's statutes and the rescissions of     10,061       

the Commission's rules."                                                        

      Section 85.  That existing sections 20, 29, 40, and 112 of   10,063       

Am. Sub. H.B. 215 of the 122nd General Assembly are hereby         10,065       

repealed.                                                                       

      Section 86.  Section 40 of Am. Sub. H.B. 215 of the 122nd    10,067       

General Assembly as amended by this act is not subject to the      10,068       

referendum.  Therefore, under Ohio Constitution, Article II,       10,069       

Section 1d and section 1.471 of the Revised Code, the section as   10,070       

amended by this act goes into immediate effect when this act                    

becomes law.                                                       10,071       

      Section 87.  That Section 50.06 of Am. Sub. H.B. 215 of the  10,073       

                                                          228    


                                                                 
122nd General Assembly, as amended by Am. Sub. H.B. 182, Am. Sub.  10,074       

H.B. 650, and Am. Sub. H.B. 770 of the 122nd General Assembly, be  10,076       

amended to read as follows:                                                     

      "Sec. 50.06.   Base Cost Funding                             10,078       

      Of the foregoing appropriation item 200-501, Base Cost       10,080       

Funding, up to $6,000,000 in each year of the biennium shall be    10,082       

expended by the State Board of Education for the extended service  10,083       

allowance which shall be the teachers' salaries pursuant to the    10,084       

schedule contained in section 3317.13 of the Revised Code, plus    10,085       

fifteen per cent for retirement and sick leave; up to $425,000     10,087       

shall be expended in each year of the biennium for court payments  10,088       

pursuant to section 2151.357 of the Revised Code; up to $150,000   10,089       

in each year of the biennium shall be expended pursuant to         10,090       

section 3313.64 of the Revised Code; the Superintendent of Public  10,091       

Instruction shall expend in fiscal year 1998 the amount necessary  10,092       

for the purpose of making payments for the vocational education    10,093       

pupil recomputation pursuant to division (M) of section 3317.024   10,094       

of the Revised Code and the provisions under the section headed    10,095       

"Vocational Education Pupil Recomputation" in Am. Sub. H.B. 215    10,098       

of the 122nd General Assembly and the special education pupil      10,099       

recomputation pursuant to division (I) of section 3317.023 of the  10,100       

Revised Code; up to $100,000 shall be expended in each year of     10,101       

the biennium for supplemental payments pursuant to the section     10,102       

headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd    10,104       

General Assembly; an amount shall be available each year of the    10,106       

biennium for the cost of the reappraisal guarantee pursuant to     10,107       

section 3317.04 of the Revised Code; up to $9,000,000 in each      10,108       

year of the biennium shall be reserved for payments pursuant to    10,109       

sections 3317.026, 3317.027, and 3317.028 of the Revised Code      10,110       

except that the Controlling Board may increase the $9,000,000      10,111       

amount if presented with such a request from the Department of     10,112       

Education.  Of the foregoing appropriation line item 200-501,      10,113       

Base Cost Funding, up to $13,861,282 shall be used in fiscal year  10,114       

1999 to provide additional state aid to school districts for       10,115       

                                                          229    


                                                                 
students in category three special education ADM pursuant to       10,116       

division (C)(4) of section 3317.022 of the Revised Code; up to     10,117       

$2,000,000 in each year of the biennium shall be reserved for      10,118       

Youth Services tuition payments pursuant to section 3317.024 of    10,119       

the Revised Code; up to $1,300,000 in fiscal year 1998 and         10,120       

$1,300,000 in fiscal year 1999 for small district aid; for         10,121       

districts with an ADM of less than 100, in addition to other       10,122       

funds, an amount shall be paid equal to the amount above the       10,123       

actual fiscal year 1996 and 1997 amounts for basic aid, including  10,124       

any guarantee aid the district would have received in fiscal       10,125       

years 1996 and 1997 had the amendments to divisions (D) and (E)    10,126       

of section 3317.0212 of the Revised Code, as amended in Am. Sub.   10,127       

H.B. 215 of the 122nd General Assembly, been in effect; up to      10,129       

$500,000 in each fiscal year shall be used to make payments to     10,130       

school districts that lose enrollment due to the implementation    10,131       

of the community schools program pursuant to Am. Sub. H.B. 215 of  10,132       

the 122nd General Assembly; $500,000 shall be transferred each     10,133       

year by the Director of Budget and Management to appropriation     10,135       

item 200-422, School Management Assistance, to help the            10,136       

Department of Education administer, monitor, and implement the                  

fiscal emergency and fiscal watch provisions under Chapter 3316.   10,137       

of the Revised Code; up to $45,330,000 in fiscal year 1998 and up  10,138       

to $47,795,600 in fiscal year 1999 shall be reserved to fund the   10,140       

state reimbursement of educational service centers pursuant to     10,141       

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     10,143       

Instruction to make incentive payments in any amounts the          10,145       

superintendent deems necessary to joint educational service                     

centers established pursuant to section 3311.053 of the Revised    10,146       

Code.  These supplemental payments may be made in fiscal year      10,147       

1998 to defray the direct or indirect expenses of dissolving       10,148       

participating educational service centers.  Each joint             10,149       

educational service center seeking a supplemental payment in                    

fiscal year 1998 shall submit to the Superintendent of Public      10,150       

                                                          230    


                                                                 
Instruction any documents and information that the Superintendent  10,151       

may require no later than December 31, 1997.  UP TO $2,200,000 IN  10,153       

FISCAL YEAR 1999 MAY BE USED BY THE DEPARTMENT OF EDUCATION TO     10,154       

PROVIDE GRANTS TO COMMUNITY SCHOOLS FOR THE SPECIAL EDUCATION      10,155       

COSTS EXCEEDING THE SPECIAL EDUCATION FUNDING AMOUNTS RECEIVED BY               

COMMUNITY SCHOOLS PURSUANT TO SECTION 3314.08 OF THE REVISED CODE  10,156       

AND SECTION 50.52.10 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL     10,158       

ASSEMBLY.  THE DEPARTMENT SHALL REVIEW AND EVALUATE REQUESTS FOR   10,159       

GRANTS BASED ON THE HANDICAPPED CONDITION OF THE STUDENTS SERVED   10,160       

BY COMMUNITY SCHOOLS AND THE REASONABLENESS OF THE REQUESTS IN     10,161       

LIGHT OF OTHER SOURCES OF REVENUE AVAILABLE TO COMMUNITY SCHOOLS.               

BASED ON THE RESULTS OF ITS EVALUATIONS, THE DEPARTMENT MAY FULLY  10,162       

OR PARTIALLY APPROVE THE FUNDING REQUESTS.                         10,163       

      Notwithstanding any contrary provision of section 3313.843   10,165       

or 3317.11 of the Revised Code as amended by Amended Substitute    10,166       

House Bill No. 650 of the 122nd General Assembly, students         10,168       

receiving special education programs or related services in        10,169       

fiscal year 1998 through a state-funded special education          10,170       

classroom unit or a state-funded special education related         10,171       

services unit operated by an educational service center shall      10,172       

receive that program or those services from that educational                    

service center in fiscal year 1999 through a contract entered      10,173       

into between the educational service center and the students'      10,174       

school district of enrollment unless the service center and        10,175       

district mutually agree that it is in the best interests of        10,176       

students to provide the program or services in a different                      

manner.  The contract for fiscal year 1999 shall provide for       10,177       

payment to the service center by the students' school district of  10,178       

enrollment for the program or services provided by the service     10,179       

center.  If the service center and school district fail to agree   10,180       

on a payment amount for the students, they shall notify the        10,181       

department of education and the department shall determine the                  

amount to be paid.  If the service center and the district         10,182       

disagree that it is in the best interests of students to have the  10,183       

                                                          231    


                                                                 
students receive the program or services in fiscal year 1999 from  10,184       

the service center, the district or service center shall notify    10,185       

the department of education and, prior to March 31, 1998, the      10,186       

department shall determine what manner of program or services in                

fiscal year 1999 is in the best interests of the students.         10,187       

      Of the foregoing appropriation item 200-501, Base Cost       10,189       

Funding, up to $1,000,000 in each fiscal year shall be used by     10,191       

the Department of Education for a pilot program to pay for         10,192       

educational services for youth who have been assigned by a                      

juvenile court or other authorized agency to any of the            10,193       

facilities described in division (A) of the section titled         10,194       

"Private Treatment Facility Pilot Project."                        10,195       

      The remaining portion of this appropriation item shall be    10,197       

expended for base cost funding for the public schools of city,     10,199       

local, and exempted village school districts pursuant to           10,200       

divisions (A) and (C) of section 3317.022 of the Revised Code.     10,201       

Any amounts which were encumbered in fiscal year 1997 by the       10,202       

Department of Education from appropriation item 200-501, School    10,203       

Foundation Basic Allowance, for any of the uses described in       10,205       

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         10,206       

section, remain unexpended, may be used by the Department of       10,207       

Education to make payments for the purposes of sections 3317.027   10,208       

and 3317.028 of the Revised Code in excess of the amounts          10,209       

specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st                    

General Assembly, for fiscal year 1997 obligations pursuant to     10,210       

sections 3317.027 and 3317.028 of the Revised Code."               10,211       

      Section 88.  That existing Section 50.06 of Am. Sub. H.B.    10,213       

215 of the 122nd General Assembly, as amended by Am. Sub. H.B.     10,214       

182, Am. Sub. H.B. 650, and Am. Sub. H.B. 770 of the 122nd         10,215       

General Assembly, is hereby repealed.                                           

      Section 89.  That Section 50.08 of Am. Sub. H.B. 215 of the  10,217       

122nd General Assembly, as amended by Am. Sub. H.B. 650 of the     10,218       

122nd General Assembly, be amended to read as follows:             10,219       

                                                          232    


                                                                 
      "Sec. 50.08.  Pupil Transportation                           10,222       

      Of the foregoing appropriation item 200-502, Pupil           10,224       

Transportation, up to $680,000 may be used by the Department of    10,225       

Education each year for training prospective and experienced       10,226       

school bus drivers in accordance with training programs            10,227       

prescribed by the department; up to $63,500 of the item shall be   10,228       

used each fiscal year for school bus rider safety programs         10,229       

pursuant to sections 3327.16 and 5126.061 of the Revised Code; UP  10,231       

TO $90,000 IN FISCAL YEAR 1999 SHALL BE USED BY THE LUCAS COUNTY   10,232       

EDUCATIONAL SERVICE CENTER TO FUND A PUPIL TRANSPORTATION PILOT    10,233       

PROJECT PURSUANT TO SECTION 19 OF AM. SUB. H.B. 650 OF THE 122nd   10,235       

GENERAL ASSEMBLY; and up to $25,725,000 in fiscal year 1998 and    10,237       

$27,010,000 in fiscal year 1999 shall be used for handicapped      10,238       

transportation; and the remainder shall be used for the state      10,239       

reimbursement of public school districts' costs in transporting    10,240       

pupils to and from the school to which they attend in accordance   10,241       

with the district's policy, State Board of Education standards,    10,242       

and the Revised Code.                                                           

      Bus Purchase Allowance                                       10,244       

      The foregoing appropriation item 200-503, Bus Purchase       10,246       

Allowance, shall be distributed to school districts and            10,247       

educational service centers pursuant to rules adopted under        10,249       

section 3317.07 of the Revised Code.  Up to 25 per cent of the     10,250       

amount appropriated may be used to reimburse school districts and  10,251       

educational service centers for the purchase of buses to                        

transport handicapped and nonpublic school students.               10,253       

      School Lunch                                                 10,255       

      The foregoing appropriation item 200-505, School Lunch       10,257       

Match, shall be used to provide matching funds to obtain federal   10,258       

funds for the school lunch program."                               10,259       

      Section 90.  That existing Section 50.08 of Am. Sub. H.B.    10,261       

215 of the 122nd General Assembly, as amended by Am. Sub. H.B.     10,262       

650 of the 122nd General Assembly, is hereby repealed.             10,263       

      Section 91.  Up to $2,200,000 in fiscal year 1999 may be     10,265       

                                                          233    


                                                                 
used by the Department of Education to provide grants to           10,266       

community schools for the special education costs exceeding the    10,267       

special education funding amounts received by community schools    10,268       

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  10,270       

department shall review and evaluate the requests based on the     10,271       

handicapped condition of the students served by community schools  10,272       

and the reasonableness of the requests in light of other sources   10,273       

of revenue available to community schools.  Based on the results   10,274       

of the evaluations, the department may fully or partially approve  10,275       

the funding requests.                                                           

      Section 92.  That Section 190 of Am. Sub. H.B. 215 of the    10,277       

122nd General Assembly, as amended by Am. Sub. H.B. 770 of the     10,278       

122nd General Assembly, be amended to read as follows:             10,279       

      "Sec. 190.  Ohio Departments Building                        10,281       

      (A)  As used in this section:                                10,283       

      (1)  "Repair and renovate" and "repair and renovation"       10,285       

include, but are not limited to, planning, programming, design,    10,286       

constructions, furnishing, and equipping of the Ohio Departments   10,287       

Building;.                                                                      

      (2)  "Appropriation" means appropriation items CAP-815 and   10,290       

CAP-849 in Section 28 of Am. H.B. 748 of the 121st General         10,291       

Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in     10,295       

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    10,298       

the Supreme Court for the repair and renovation of the Ohio        10,299       

Departments Building.                                                           

      (B)  The appropriation shall be used by or at the direction  10,301       

of the Supreme Court of Ohio for the repair and renovation of the  10,302       

Ohio Departments Building as follows:                              10,303       

      (1)  A portion shall be used by the Department of            10,305       

Administrative Services for the repair and renovation of the       10,306       

exterior, roof, and grounds of the Ohio Departments Building;.     10,307       

      (2)  The remaining portion shall be used after January 1,    10,309       

                                                          234    


                                                                 
1998 by the Ohio Building Authority for other expenses associated  10,310       

with the repair and renovation of the Ohio Departments Building,   10,311       

including, but not limited to, the interior and grounds of the     10,312       

Building.                                                                       

      (C)  The TO USE THAT PORTION OF THE APPROPRIATION MADE TO    10,314       

THE DEPARTMENT OF ADMINISTRATIVE SERVICES, THE Ohio Building       10,316       

Authority, with the prior approval of the Supreme Court, shall     10,318       

submit a plan and cost estimate of repair and renovation set                    

forth in division (B)(2) of this section to the Department of      10,319       

Administrative Services.  Based upon the plan, the Director of     10,320       

Administrative Services shall request the Director of Budget and   10,321       

Management to release from the appropriation the estimated         10,322       

amount.  The Director of Budget and Management may release the     10,323       

appropriation and, upon that release, the Director of              10,324       

Administrative Services shall transfer the amount released to the  10,325       

Ohio Building Authority, which shall use the moneys, and any       10,326       

investment earnings on the moneys and other available receipts as  10,328       

defined in section 152.09 of the Revised Code, to pay the costs    10,329       

of the repair and renovation.                                                   

      TO USE THAT PORTION OF THE APPROPRIATION MADE TO THE         10,332       

JUDICIARY/SUPREME COURT, THE ADMINISTRATIVE DIRECTOR OF THE        10,334       

SUPREME COURT SHALL REQUEST THE DIRECTOR OF BUDGET AND MANAGEMENT  10,336       

TO RELEASE FROM THE APPROPRIATION THE AMOUNT NEEDED.  THE          10,337       

DIRECTOR OF BUDGET AND MANAGEMENT MAY RELEASE THE APPROPRIATION    10,338       

AND, UPON THAT RELEASE, THE ADMINISTRATIVE DIRECTOR OF THE         10,340       

SUPREME COURT SHALL TRANSFER THE AMOUNT RELEASED TO THE OHIO       10,342       

BUILDING AUTHORITY, WHICH SHALL USE THE MONEYS, AND ANY            10,344       

INVESTMENT EARNINGS ON THE MONEYS AND OTHER AVAILABLE RECEIPTS AS               

DEFINED IN SECTION 152.09 OF THE REVISED CODE, TO PAY THE COSTS    10,345       

OF THE REPAIR AND RENOVATION.                                                   

      (D)  Upon completion of the repair and renovation:           10,347       

      (1)  Any moneys received by the Ohio Building Authority for  10,350       

the repair and renovation that have not been used shall be         10,351       

refunded to the Department of Administrative Services              10,352       

                                                          235    


                                                                 
JUDICIARY/SUPREME COURT for deposit into Fund 026;.                10,353       

      (2)  The Supreme Court shall own, operate, and manage the    10,355       

Ohio Departments Building.                                         10,356       

      (E)  The Supreme Court may enter into contracts or other     10,358       

agreements with the Department of Administrative Services, the     10,359       

Ohio Building Authority, another state entity, or a private        10,360       

contractor to operate and manage the Ohio Departments Building.    10,361       

      (F)  To assist the Ohio Building Authority, the Department   10,363       

of Administrative Services and the Supreme Court may assign,       10,364       

amend, or enter into any necessary or appropriate leases,          10,365       

contracts, or agreements relating to the Ohio Departments          10,366       

Building to or with the Ohio Building Authority upon terms         10,367       

satisfactory to all parties.                                                    

      (G)  Repairs and renovations that are made using the         10,369       

appropriation are exempt from section 3379.10 of the Revised       10,370       

Code, the per cent for arts program."                                           

      Section 93.  That existing section 190 of Am. Sub. H.B. 215  10,372       

of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of  10,373       

the 122nd General Assembly, is hereby repealed.                    10,374       

      Section 94.  That Section 18 of Am. Sub. H.B. 650 of the     10,376       

122nd General Assembly, as amended by Am. Sub. H.B. 770 of the     10,377       

122nd General Assembly, be amended to read as follows:             10,378       

      "Sec. 18.  (A)  As used in this section:                     10,380       

      (1)  "FY 1998 state aid" means the total amount of state     10,382       

money received by a school district in FOR fiscal year 1998 as     10,384       

reported on the Department of Education's form "SF-12," adjusted   10,385       

as follows:                                                        10,386       

      (a)  Minus any amounts for approved preschool handicapped    10,389       

units;                                                                          

      (b)  Minus any additional amount attributable to the         10,392       

reappraisal guarantee of division (C) of section 3317.04 of the    10,393       

Revised Code;                                                                   

      (c)  Plus the amount deducted for payments to an             10,395       

educational service center;                                        10,396       

                                                          236    


                                                                 
      (d)  Plus an estimated portion of the state money            10,398       

distributed in fiscal year 1998 to other school districts or       10,399       

educational service centers for approved units, other than         10,400       

preschool handicapped or gifted education units, attributable to   10,401       

the costs of providing services in those units to students         10,402       

entitled to attend school in the district;                         10,403       

      (e)  Minus an estimated portion of the state money           10,405       

distributed to the school district in fiscal year 1998 for         10,406       

approved units, other than preschool handicapped units or gifted   10,407       

education units, attributable to the costs of providing services   10,408       

in those units to students entitled to attend school in another    10,409       

school district;                                                   10,410       

      (f)  Plus any additional amount paid pursuant to the         10,413       

vocational education recomputation required by former Section      10,414       

50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly;      10,416       

      (g)  Plus any additional amount paid pursuant to the         10,419       

special education recomputation required by former division (I)    10,420       

of section 3317.023 of the Revised Code;                           10,421       

      (h)  Plus any amount paid for equity aid under section       10,424       

3317.0213 of the Revised Code;                                     10,425       

      (i)  PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO      10,427       

SECTION 3317.027 OF THE REVISED CODE;                              10,428       

      (j)  PLUS ANY AMOUNT RECEIVED FOR THAT YEAR PURSUANT TO A    10,430       

RECOMPUTATION MADE UNDER DIVISION (B) OF SECTION 3317.022 OF THE   10,431       

REVISED CODE.                                                                   

      (2)  "FY 1999 state aid," "FY 2000 state aid," "FY 2001      10,434       

state aid," and "FY 2002 state aid" mean the total amount of       10,435       

state money a school district is eligible to receive for the       10,436       

applicable fiscal year under divisions (A), (B), (C)(1), and (D)   10,437       

of section 3317.022 and sections 3317.025 to 3317.028, 3317.027,   10,440       

3317.029, 3317.0212, and 3317.0213 of the Revised Code, plus any   10,442       

amount for which the district is eligible pursuant to division     10,443       

(C) of section 3317.023, divisions (G) and (P) of section          10,444       

1317.024 3317.024, and division (B) of section 3317.162 of the     10,446       

                                                          237    


                                                                 
Revised Code, and prior to any deductions or credits required by   10,448       

division (B), (D), (E), (F), (G), (H), (I), (J), or (K) of         10,450       

section 3317.023 or division (J) of section 3317.029 of the        10,452       

Revised Code.                                                                   

      (3)  "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001    10,455       

actual aid," and "FY 2002 actual aid" means the amount of the      10,456       

state aid described in division (A)(2) of this section that was    10,457       

actually paid to a school district in the applicable fiscal year   10,458       

after the application of divisions (B) to (E) of this section.     10,459       

      (4)  "FY 1998 ADM," "formula ADM," and "three-year average   10,462       

formula ADM" have the meanings prescribed in section 3317.02 of    10,463       

the Revised Code.                                                  10,464       

      (5)  "All-day kindergarten" has the meaning prescribed in    10,466       

section 3317.029 of the Revised Code.                              10,467       

      (B)  In fiscal year 1999, notwithstanding any provision of   10,470       

law to the contrary, no school district shall receive FY 1999                   

state aid that is more than the greater of the following:          10,471       

      (1)  110 per cent of FY 1998 state aid;                      10,473       

      (2)  [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater  10,476       

of fiscal year 1999 formula ADM or three-year average formula      10,477       

ADM.                                                                            

      If a district's projected FY 1999 state aid is more than     10,479       

the greater of division (B)(1) or (2) of this section, such        10,481       

district shall receive only the greater of division (B)(1) or (2)  10,483       

of this section in fiscal year 1999.                               10,484       

      (C)  In fiscal year 2000, notwithstanding any provision of   10,487       

law to the contrary, no school district shall receive FY 2000                   

state aid that is more than the greater of the following:          10,488       

      (1)  110 per cent of FY 1999 actual aid;                     10,490       

      (2)  [1.06 X (FY 1999 actual aid/fiscal year 1999 formula    10,493       

ADM)< X the greater of fiscal year 2000 formula ADM or three-year  10,494       

average formula ADM.                                                            

      If a district's projected FY 2000 state aid is more than     10,496       

the greater of division (C)(1) or (2) of this section, such        10,497       

                                                          238    


                                                                 
district shall receive only the greater of division (C)(1) or (2)  10,499       

of this section in fiscal year 2000.                               10,500       

      (D)  In fiscal year 2001, notwithstanding any provision of   10,503       

law to the contrary, no school district shall receive FY 2001                   

state aid that is more than the greater of the following:          10,504       

      (1)  110 per cent of FY 2000 actual aid;                     10,507       

      (2)  [1.06 X (FY 2000 actual aid/fiscal year 2000 formula    10,510       

ADM)< X the greater of fiscal year 2001 formula ADM or three-year  10,511       

average formula ADM.                                                            

      If a district's projected FY 2001 state aid is more than     10,513       

the greater of division (D)(1) or (2) of this section, such        10,515       

district shall receive only the greater of division (D)(1) or (2)  10,518       

of this section in fiscal year 2001.                                            

      (E)  In fiscal year 2002, notwithstanding any provision of   10,521       

law to the contrary, no school district shall receive FY 2002                   

state aid that is more than the greater of the following:          10,522       

      (1)  110 per cent of FY 2001 actual aid;                     10,525       

      (2)  [1.06 X (FY 2001 actual aid/fiscal year 2001 formula    10,528       

ADM)< X the greater of fiscal year 2002 formula ADM or three-year  10,529       

average formula ADM.                                                            

      If a district's projected FY 2002 state aid is more than     10,531       

the greater of division (E)(1) or (2) of this section, such        10,533       

district shall receive only the greater of division (E)(1) or (2)  10,535       

of this section in fiscal year 2002.                               10,536       

      (F)  This division and division (G) of this section apply    10,538       

only to districts subject to division (F) of section 3317.029 of   10,539       

the Revised Code.  As used in this division and division (G) of    10,541       

this section:                                                                   

      (1)  "Capped district" means a district that pursuant to     10,543       

division (B), (C), (D), or (E) of this section will not receive    10,545       

the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state     10,546       

aid.                                                                            

      (2)  "DPIA funds" means:                                     10,548       

      (a)  In FY 1998, the amount calculated for the district      10,550       

                                                          239    


                                                                 
pursuant to division (B) of section 3317.023 of the Revised Code   10,551       

as it existed in that fiscal year;                                 10,552       

      (b)  In any fiscal year after FY 1998, the total amount      10,554       

calculated for the district for that fiscal year pursuant to       10,555       

section 3317.029 of the Revised Code.                              10,556       

      (3)  "Exempt DPIA portion" means:                            10,558       

      (a)  In the case of any district other than a capped         10,560       

district, an amount equal to zero;                                 10,561       

      (b)  In the case of a capped district, the amount resulting  10,563       

from the application of the following formula:                     10,565       

(The district's DPIA funds for the year of the calculation minus   10,567       

  the district's DPIA funds for FY 1998) minus (the district's     10,569       

 actual aid for the year of the calculation minus the district's   10,570       

                      FY 98 1998 state aid)                                     

      However, if this formula produces a negative number, the     10,572       

district's exempt DPIA portion is zero.                            10,573       

      (4)  "Required all-day kindergarten" for a district means    10,575       

the provision of all-day kindergarten to the number of students    10,576       

in the district's kindergarten percentage specified pursuant to    10,577       

division (H)(1) of section 3317.029 of the Revised Code.           10,578       

      (G)  Notwithstanding any provision of law to the contrary:   10,580       

      (1)  In the case of any district, the district's DPIA funds  10,582       

are hereby deemed to first consist of any disadvantaged pupil      10,583       

impact aid calculated for the district for all-day kindergarten    10,584       

under division (D) of section 3317.029 of the Revised Code, and    10,585       

to next consist of any disadvantaged pupil impact aid calculated   10,586       

for the district under divisions (C) and (E) of section 3317.029   10,587       

of the Revised Code.  Each district shall expend whatever funds    10,588       

necessary to ensure provision of its required all-day                           

kindergarten.                                                      10,589       

      (2)  In FY 1999, a district shall expend for the purposes    10,591       

of section 3317.029 of the Revised Code an amount equal to at      10,592       

least twenty-five per cent of the resultant derived from           10,593       

subtracting the district's exempt DPIA portion from the amount     10,594       

                                                          240    


                                                                 
calculated for the district under divisions (C) and (E) of         10,595       

section 3317.029 of the Revised Code.                                           

      (3)  In FY 2000, a district shall expend for the purposes    10,597       

of section 3317.029 of the Revised Code an amount equal to at      10,598       

least fifty per cent of the resultant derived from subtracting     10,599       

the district's exempt DPIA portion from the amount calculated for  10,600       

the district under divisions (C) and (E) of section 3317.029 of    10,601       

the Revised Code.                                                               

      (4)  In FY 2001, a district shall expend for the purposes    10,603       

of section 3317.029 of the Revised Code an amount equal to at      10,604       

least seventy-five per cent of the resultant derived from          10,605       

subtracting the district's exempt DPIA portion from the amount     10,606       

calculated for the district under divisions (C) and (E) of         10,607       

section 3317.029 of the Revised Code.                                           

      (5)  In FY 2002 and thereafter, a district shall expend one  10,609       

hundred per cent of its DPIA funds for the purposes of section     10,610       

3317.029 of the Revised Code.                                      10,611       

      (6)  Districts shall comply with the requirements of         10,613       

division (G) of section 3317.029 of the Revised Code."             10,614       

      Section 95.  That existing Section 18 of Am. Sub. H.B. 650   10,616       

of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of  10,617       

the 122nd General Assembly, is hereby repealed.                    10,618       

      Section 96.  That Section 19 of Am. Sub. H.B. 650 of the     10,620       

122nd General Assembly be amended to read as follows:              10,621       

      "Sec. 19.  There is hereby established a pupil               10,623       

transportation pilot project to demonstrate innovative,            10,624       

efficient, and cost-reducing cooperative methods of transporting   10,625       

pupils on a countywide basis.  The Superintendent of Public        10,627       

Instruction shall receive proposals from educational service       10,628       

centers and shall approve two locations for the pupil              10,629       

transportation pilot project.  One location shall be an            10,630       

educational service center with a majority of its territory        10,631       

included in the same county as a big eight school district; the    10,632       

other location shall be an educational service center serving      10,634       

                                                          241    


                                                                 
three or more school districts in a small, rural county.  The                   

Superintendent of Public Instruction shall select an educational   10,635       

service center to participate only if a majority of the            10,636       

superintendents of the school districts receiving services from    10,637       

the educational service center agree to participate in the         10,638       

project and only if the participating school districts are         10,639       

contiguous.                                                        10,640       

      Under the supervision of the educational service center,     10,642       

the superintendents of the participating school districts shall    10,643       

cooperatively develop a plan for the transportation of pupils by   10,644       

the most efficient method designed to effect savings in the        10,645       

aggregate transportation costs of all the participating school     10,647       

districts.  The plan may propose the cooperative operation of the  10,649       

equipment and use of the personnel of any participating school                  

district and other agreed to alternative methods of transporting   10,650       

pupils designed to achieve efficiency.  Provided however, that     10,651       

every pupil entitled under Chapter 3327. OR SECTION 3313.97,       10,652       

3313.981, OR 3314.09 of the Revised Code OR SECTION 50.52.11 OF    10,653       

AM. SUB. H. B. 215 OF THE 122nd GENERAL ASSEMBLY to receive        10,655       

transportation shall continue to be transported, AND PROVIDED      10,656       

THAT PARENTS, GUARDIANS, OR OTHER PERSONS ELIGIBLE FOR PAYMENT OR  10,657       

REIMBURSEMENT UNDER SECTION 3327.01 OF THE REVISED CODE REMAIN     10,658       

ELIGIBLE FOR THAT PAYMENT OR REIMBURSEMENT.                        10,659       

      The Legislative Office of Education Oversight shall monitor  10,661       

the implementation of the pilot project to determine whether the   10,662       

programs suggest innovative, effective cooperative ways to deal    10,663       

with the transportation of pupils that may be applicable beyond    10,664       

the pilot project locations.                                       10,665       

      As used in this section, "big eight school district" has     10,667       

the same meaning as in section 3314.02 of the Revised Code."       10,668       

      Section 97.  That existing Section 19 of Am. Sub. H.B. 650   10,670       

of the 122nd General Assembly is hereby repealed.                  10,671       

      Section 98.  That Sections 7, 10, 11, 21.12, 25, and 30.21   10,673       

of Am. Sub. S.B. 230 of the 122nd General Assembly be amended to   10,675       

                                                          242    


                                                                 
read as follows:                                                                

      "Sec. 7.  DAS  DEPARTMENT OF ADMINISTRATIVE SERVICES         10,678       

                                                 Reappropriations  10,678       

CAP-773  Governor's Residence Restoration       $        4,705     10,681       

CAP-785  Rural Areas Historical Projects        $       50,000     10,683       

CAP-786  Rural Areas Community Improvements     $    1,768,690     10,685       

                                                     2,268,690     10,686       

CAP-804  Day Care Centers                       $      842,261     10,688       

CAP-817  Urban Areas Community Improvements     $    2,020,000     10,690       

Total Department of Administrative Services     $    4,685,656     10,692       

                                                     5,185,656     10,693       

      Rural Areas Historical Projects                              10,696       

      From the foregoing appropriation item CAP-785, Rural Areas   10,698       

Historical Projects, a $50,000 grant shall be made for the         10,699       

Osnaburg Historical Society-Werner Inn renovations.                10,700       

      Rural Areas Community Improvements                           10,702       

      From the foregoing appropriation item CAP-786, Rural Areas   10,704       

Community Improvements, grants shall be made for the following     10,705       

projects:  $25,000 for the Belpre swimming pool project; $10,000   10,706       

for Shadyside Municipal Building roof repairs; $250,000 for        10,707       

Belmont County industrial park development; $100,000 for           10,708       

Coshocton Courthouse renovations; $20,000 for the Smith Field                   

Memorial Foundation; $50,000 for Morgan County economic            10,709       

development; $100,000 for the Zanesville Bicentennial              10,710       

Celebration; $113,690 to the Ashtabula County Commissioners for    10,711       

the Northeast 4-H Camp to make water and sewage improvements;      10,712       

$500,000 for 4-H Camp Palmer in Fulton County; $100,000 for                     

Morgan County infrastructure; and $500,000 for the Medina County   10,713       

Arts Center; AND $500,000 FOR RITZ THEATRE RENOVATIONS.            10,714       

      THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION    10,716       

ITEM CAP-786, RURAL AREAS COMMUNITY IMPROVEMENTS, SHALL BE         10,718       

$500,000 PLUS THE UNENCUMBERED AND UNALLOTTED BALANCE AS OF JUNE   10,719       

30, 1998, IN APPROPRIATION ITEM CAP-786, RURUAL AREAS COMMUNITY    10,721       

IMPROVEMENTS.                                                                   

                                                          243    


                                                                 
      Urban Areas Community Improvements                           10,723       

      From the foregoing appropriation item CAP-817, Urban Areas   10,725       

Community Improvements, grants shall be made for the following     10,726       

projects:  $750,000 for Lincoln Heights Health Center; $100,000    10,727       

for Maumee Youth Center; $200,000 for the birthplace of William    10,728       

Howard Taft in Cincinnati; $150,000 for the Freedom House in       10,729       

Cleveland; $95,000 for the Copley Township recreation project in                

Summit County; $100,000 for Aviation Trail - Dayton; $125,000 for  10,730       

Cleveland Playhouse Square; $25,000 for Columbus Civic Arena       10,731       

development planning; $50,000 for the Columbus Symphony band       10,732       

shell; $125,000 for East Cleveland City Hall renovations;          10,733       

$100,000 for Hanna Fountain renovations - Cleveland; $100,000 for  10,734       

Webco industrial area development - Cleveland; and $100,000 for                 

Martin Luther King Civic Center - East Cleveland.                  10,735       

      Sec 10.  DNR  DEPARTMENT OF NATURAL RESOURCES                10,737       

CAP-012  Land Acquisition                       $    1,000,000     10,740       

CAP-162  Roosevelt-Shawnee State Park           $       18,930     10,742       

CAP-701  Buckeye Lake Dam Rehabilitation        $        2,497     10,744       

CAP-702  Upgrade Underground Fuel Tanks         $      335,031     10,746       

CAP-703  Cap Abandoned Water Wells              $      357,481     10,748       

CAP-704  Replace Transformers                   $       77,738     10,750       

CAP-705  Rehabilitate Canals, Hydraulic Works,                     10,751       

         and Support Facilities                 $       21,379     10,753       

CAP-738  Middletown Dam                         $       87,272     10,755       

CAP-742  Fountain Square Building/Telephone                        10,756       

         System                                 $       53,748     10,758       

CAP-823  Cost Sharing-Pollution Abatement       $       43,485     10,760       

CAP-847  Assistance to Local Governments for                       10,761       

         Conservation Works of Improvement      $      591,503     10,763       

CAP-848  Hazardous Dam Repair                   $       91,521     10,765       

CAP-875  Ohio River Access                      $      100,000     10,767       

CAP-876  Statewide Trails Programs              $       45,000     10,769       

                                                       100,000     10,770       

CAP-929  Hazardous Waste/Asbestos Abatement     $    1,292,626     10,772       

                                                          244    


                                                                 
CAP-931  Wastewater/Water Systems Upgrades      $       49,858     10,774       

CAP-932  Wetlands/Waterfront Development and                       10,776       

         Acquisition                            $      849,775     10,777       

CAP-942  Local Parks Projects                   $       55,225     10,779       

CAP-969  Frost-Parker Wetlands Reserve          $      122,925     10,781       

CAP-999  Geographic Information Management                         10,782       

         System                                 $        3,293     10,784       

Total Department of Natural Resources           $    5,199,287     10,786       

                                                     5,254,287     10,787       

      Land Acquisition                                             10,790       

      The amount reappropriated from the foregoing appropriation   10,792       

item CAP-012, Land Acquisition, shall be $1,000,000.               10,793       

      Statewide Trails Programs                                    10,795       

      The amount appropriated for the foregoing appropriation      10,797       

item CAP-876, Statewide Trails Programs, shall be $45,000          10,798       

100,000, which shall be used for the Cincinnati West Side Bike     10,800       

Trail BY THE DEPARTMENT OF NATURAL RESOURCES IN CONSULTATION WITH  10,802       

THE DEPARTMENT OF TRANSPORTATION FOR A RECREATIONAL TRAIL          10,803       

FEASIBILITY STUDY.                                                 10,804       

      Local Parks Projects                                         10,806       

      Of the foregoing appropriation item CAP-942, Local Parks     10,808       

Projects, grants shall be made for the following projects:         10,809       

$25,000 for River Access Park Development - Belpre; $100,000 for   10,810       

Marietta Recreation Improvements; $15,000 for Urbancrest Martin    10,811       

Luther King Park improvements, and $10,000 for Woodsfield Monroe   10,812       

Park improvements.                                                              

      Hazardous Waste/Asbestos Abatement                           10,814       

      The amount reappropriated for the foregoing appropriation    10,816       

item CAP-929, Hazardous Waste/Asbestos Abatement, shall be         10,817       

$1,000,000 less than the unencumbered and unallotted balance of    10,818       

June 30, 1998, in appropriation item CAP-929, Hazardous            10,819       

Waste/Asbestos Abatement.                                                       

      Sec. 11.  DOT  DEPARTMENT OF TRANSPORTATION                  10,821       

CAP-007  Muskingum County Intermodal Facility   $      700,000     10,824       

                                                          245    


                                                                 
Total Department of Transportation              $      700,000     10,826       

Total General Revenue Fund                      $   10,851,009     10,828       

                                                    11,351,009     10,829       

      Sec. 21.12.  DNR  DEPARTMENT OF NATURAL RESOURCES            10,832       

CAP-741  High Band Radio System                 $      285,000     10,835       

         DNR COMMUNICATIONS SYSTEM                   3,335,000     10,837       

CAP-742  Fountain Square Building and Telephone                    10,838       

         System Improvements                    $    3,958,517     10,839       

CAP-744  Multi-Agency Radio Communication                          10,840       

         System (MARCS) Equipment               $    3,050,000     10,842       

CAP-867  Reclamation Facility Renovation and                       10,843       

         Development                            $      225,000     10,844       

CAP-928  Handicapped Accessibility              $       39,654     10,846       

CAP-997  Zanesville/Marietta Nursery                               10,847       

         Improvements                           $      249,503     10,848       

Total Department of Natural Resources           $    7,807,674     10,850       

      DNR COMMUNICATIONS SYSTEM                                    10,853       

      THE FOREGOING APPROPRIATION ITEM CAP-741, DNR                10,856       

COMMUNICATIONS SYSTEM, SHALL BE THE SUM OF THE UNENCUMBERED AND    10,857       

UNALLOTTED BALANCES AS OF JUNE 30, 1998, IN APPROPRIATION ITEMS                 

CAP-741, HIGH BAND RADIO SYSTEM, AND CAP-744, MULTI-AGENCY RADIO   10,859       

COMMUNICATION SYSTEM (MARCS) EQUIPMENT.                            10,860       

      Sec. 25.  All items set forth in this section are hereby     10,862       

appropriated out of any moneys in the state treasury to the        10,863       

credit of the Arts Facilities Building Fund (Fund 030).  Revenues  10,865       

to the Arts Facilities Building Fund shall consist of proceeds of  10,866       

obligations authorized to pay costs of the following capital       10,867       

improvements:                                                                   

                                                 Reappropriations  10,868       

                                                                   10,869       

                 AFC  ARTS FACILITIES COMMISSION                                

CAP-001  National Aviation Hall of Fame         $        5,000     10,872       

CAP-002  Great Southern Opera House             $        5,000     10,874       

                                                          246    


                                                                 
CAP-003  Center of Science and Industry -                          10,875       

         Toledo                                 $      119,726     10,876       

CAP-004  Valentine Theatre                      $   12,817,694     10,878       

CAP-005  Center of Science and Industry -                          10,879       

         Columbus                               $   21,523,494     10,880       

CAP-010  Sandusky State Theater Improvements    $      147,139     10,882       

CAP-013  Stambaugh Hall Improvements            $      587,400     10,884       

CAP-014  Dayton Natural History/Children's                         10,885       

         Museum                                 $    1,250,000     10,886       

CAP-015  Carillon Historic Park/Wright Hall     $      200,000     10,888       

CAP-017  Zion Center of the National                               10,889       

         Afro-American Museum                   $      750,000     10,890       

CAP-022  National Afro-American Museum -                           10,891       

         Carnegie Library Renovations           $      223,768     10,892       

CAP-023  National Afro-American Museum -                           10,893       

         Demolition of Shorter Hall             $      240,000     10,894       

CAP-029  Cincinnati Riverfront Development      $      333,332     10,896       

CAP-033  Woodward Opera House Renovation        $      300,000     10,898       

CAP-036  Ritz Theatre Renovations               $      500,000     10,900       

CAP-037  Canton Palace - Theatre Renovations    $       38,700     10,902       

CAP-734  Hayes Presidential Center              $      285,000     10,904       

CAP-742  Ft. Meigs Museum                       $      800,000     10,906       

CAP-745  Historic Sites and Museums             $      106,500     10,908       

CAP-772  Ft. Hill Building, Site, and Exhibit                      10,909       

         Improvements                           $      175,100     10,910       

CAP-776  Flint Ridge Building, Site, and                           10,911       

         Exhibit Improvements                   $      275,100     10,912       

CAP-785  Ohio Village Building Renovations and                     10,913       

         Improvements                           $      500,200     10,914       

CAP-786  Piqua/Ft. Pickawillany Acquisition and                    10,915       

         Improvements                           $      802,948     10,916       

Total Arts Facilities Commission                $   41,986,101     10,918       

                                                    41,486,101     10,919       

Total Arts Facilities Building Fund             $   41,986,101     10,921       

                                                          247    


                                                                 
                                                    41,486,101     10,922       

      Sec. 30.21.  CLS  CLEVELAND STATE UNIVERSITY                 10,925       

CAP-007  Stilwell Hall                          $       73,567     10,928       

CAP-017  Land Acquisition                       $      252,085     10,930       

CAP-023  Basic Renovations                      $    3,115,544     10,932       

CAP-044  Chester Building Rehabilitation        $    1,656,902     10,934       

CAP-067  17th-18th Street Block                 $    3,409,115     10,936       

CAP-068  Main Classroom - Rhodes Tower Link     $       15,058     10,938       

CAP-073  Cleveland Playhouse                    $      500,000     10,940       

                                                     1,000,000     10,941       

CAP-081  Computer Center Cooling Tower          $       25,873     10,943       

CAP-084  Neighborhood Centers Renovation        $          500     10,945       

CAP-088  Asbestos                               $    3,312,676     10,947       

CAP-092  Handicapped Requirements               $      279,230     10,949       

CAP-094  AMC Roofing/Law Building Steps         $        2,757     10,951       

CAP-098  Rhodes Tower Electrical Substation     $      455,302     10,953       

CAP-099  Main Classroom Plaza Conversion        $    2,333,000     10,955       

CAP-100  Special Studies Space Conversion       $      673,000     10,957       

CAP-101  Classroom Building Renovations         $       50,000     10,959       

CAP-103  WCPN Radio Renovations                 $        3,750     10,961       

CAP-104  ADA Modifications                      $      805,963     10,963       

CAP-105  Basic Science Chiller                  $        2,359     10,965       

CAP-106  Sidewalk Seating Replacement           $        7,187     10,967       

CAP-108  Chester Duct Bank                      $        6,347     10,969       

CAP-109  Classroom Upgrade                      $    1,937,320     10,971       

CAP-110  Technology Infrastructure              $      187,106     10,973       

CAP-111  Intermuseum Laboratory                 $      500,000     10,975       

CAP-112  Land Acquisitions                      $    2,000,000     10,977       

CAP-113  Biomedical Research                    $    1,000,000     10,979       

CAP-114  Geographic Information Systems         $      292,418     10,981       

CAP-115  Plant Services Building                $       43,988     10,983       

Total Cleveland State University                $   22,941,047     10,985       

      CLEVELAND PLAYHOUSE                                          10,988       

      THE AMOUNT REAPPROPRIATED FOR THE FOREGOING APPROPRIATION    10,990       

                                                          248    


                                                                 
ITEM CAP-073, CLEVELAND PLAYHOUSE, SHALL BE $1,000,000."           10,991       

      Section 99.  That existing Sections 7, 10, 11, 21.12, 25,    10,993       

and 30.21 of Am. Sub. S.B. 230 of the 122nd General Assembly are   10,995       

hereby repealed.                                                                

      Section 100.  That Section 140 of Am. Sub. H.B. 215 of the   10,997       

122nd General Assembly is hereby repealed.                         10,998       

      Section 101.  If any item of law that constitutes the whole  11,000       

or part of a codified or uncodified section of law contained in    11,001       

this act, or if any application of any item of law that            11,002       

constitutes the whole or part of a codified or uncodified section  11,003       

of law contained in this act, is held invalid, the invalidity      11,004       

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    11,005       

application.  To this end, the items of law of which the codified  11,006       

and uncodified sections contained in this act are composed, and    11,007       

their applications, are independent and severable.                 11,008       

      Section 102.  Except as otherwise specifically provided in   11,010       

this act, the codified and uncodified sections of law and items    11,011       

therein contained in this act are subject to the referendum.       11,012       

Therefore, under Ohio Constitution, Article II, Section 1c and     11,013       

section 1.471 of the Revised Code, the codified and uncodified     11,014       

sections of law and items therein contained in this act, except                 

as otherwise specifically provided in this act, take effect on     11,015       

the ninety-first day after this act is filed with the Secretary    11,016       

of State.  If, however, a referendum petition is filed against     11,017       

any such section or item therein, the section or item, unless      11,018       

rejected at the referendum, takes effect at the earliest time      11,019       

permitted by law.                                                               

      Section 103.  Section 127.16 of the Revised Code is          11,021       

presented in this act as a composite of the section as amended by  11,022       

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      11,023       

Assembly, with the new language of neither of the acts shown in    11,025       

capital letters.  This is in recognition of the principle stated   11,026       

in division (B) of section 1.52 of the Revised Code that such      11,027       

                                                          249    


                                                                 
amendments are to be harmonized where not substantively            11,028       

irreconcilable and constitutes a legislative finding that such is  11,029       

the resulting version in effect prior to the effective date of     11,030       

this act.                                                                       

      Section 104.  Section 3345.50 of the Revised Code is         11,032       

presented in this act as a composite of the section as amended by  11,034       

both Am. H.B. 748 and Am. Sub. S.B. 264 of the 121st General       11,035       

Assembly, with the new language of neither of the acts shown in    11,037       

capital letters.  This is in recognition of the principle stated   11,038       

in division (B) of section 1.52 of the Revised Code that such      11,039       

amendments are to be harmonized where not substantively            11,040       

irreconcilable and constitutes a legislative finding that such is  11,041       

the resulting version in effect prior to the effective date of     11,042       

this act.