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
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pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 77
of section 5117.02, or section 5703.14 of the Revised Code. 78
"Rule" includes any amendment or rescission of a rule. 79
(2) "Agency" means any governmental entity of the state 81
and includes, but is not limited to, any board, department, 82
division, commission, bureau, society, council, institution, 83
state college or university, community college district, 84
technical college district, or state community college. "Agency" 85
does not include the general assembly, THE CONTROLLING BOARD, the 87
adjutant general's department, or any court. 88
(3) "Internal management rule" means any rule, regulation, 90
bylaw, or standard governing the day-to-day staff procedures and 91
operations within an agency. 92
(4) "Substantive revision" has the same meaning as in 94
division (J) of section 119.01 of the Revised Code. 95
(B)(1) Any rule, other than a rule of an emergency nature, 97
adopted by any agency pursuant to this section shall be effective 98
on the tenth day after the day on which the rule in final form 99
and in compliance with division (B)(3) of this section is filed 100
as follows: 101
(a) Two certified copies of the rule shall be filed with 103
both the secretary of state and the director of the legislative 104
service commission; 105
(b) Two certified copies of the rule shall be filed with 107
the joint committee on agency rule review. Division (B)(1)(b) of 108
this section does not apply to any rule to which division (D) of 109
this section does not apply. 110
An agency that adopts or amends a rule that is subject to 112
division (D) of this section shall assign a review date to the 114
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 115
assigned to a rule exceeds the five-year maximum, the review date 116
for the rule is five years after its effective date. A rule with 117
a review date is subject to review under section 119.032 of the 118
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Revised Code. This paragraph does not apply to a rule of a state 120
college or university, community college district, technical
college district, or state community college. 121
If all copies are not filed on the same day, the rule shall 123
be effective on the tenth day after the day on which the latest 124
filing is made. If an agency in adopting a rule designates an 125
effective date that is later than the effective date provided for 126
by division (B)(1) of this section, the rule if filed as required 127
by such division shall become effective on the later date 128
designated by the agency. 129
Any rule that is required to be filed under division (B)(1) 131
of this section is also subject to division (D) of this section 132
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 134
or (8) of this section.
(2) A rule of an emergency nature necessary for the 136
immediate preservation of the public peace, health, or safety 137
shall state the reasons for the necessity. Copies of the 138
emergency rule, in final form and in compliance with division 139
(B)(3) of this section, shall be filed as follows: two certified 140
copies of the emergency rule shall be filed with both the 141
secretary of state and the director of the legislative service 142
commission, and one certified copy of the emergency rule shall be 143
filed with the joint committee on agency rule review. The 144
emergency rule is effective immediately upon the latest filing, 145
except that if the agency in adopting the emergency rule 146
designates an effective date, or date and time of day, that is 147
later than the effective date and time provided for by division 148
(B)(2) of this section, the emergency rule if filed as required 149
by such division shall become effective at the later date, or 150
later date and time of day, designated by the agency. 151
An emergency rule becomes invalid at the end of the 153
ninetieth day it is in effect. Prior to that date, the agency 154
may file the emergency rule as a nonemergency rule in compliance 155
with division (B)(1) of this section. The agency may not refile 156
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the emergency rule in compliance with division (B)(2) of this 157
section so that, upon the emergency rule becoming invalid under 158
such division, the emergency rule will continue in effect without 159
interruption for another ninety-day period. 160
(3) An agency shall file a rule under division (B)(1) or 162
(2) of this section in compliance with the following standards 163
and procedures: 164
(a) The rule shall be numbered in accordance with the 166
numbering system devised by the director for the Ohio 167
administrative code. 168
(b) The rule shall be prepared and submitted in compliance 170
with the rules of the legislative service commission. 171
(c) The rule shall clearly state the date on which it is 173
to be effective and the date on which it will expire, if known. 174
(d) Each rule that amends or rescinds another rule shall 176
clearly refer to the rule that is amended or rescinded. Each 177
amendment shall fully restate the rule as amended. 178
If the director of the legislative service commission or 180
the director's designee gives an agency written notice pursuant 182
to section 103.05 of the Revised Code that a rule filed by the 183
agency is not in compliance with the rules of the legislative 184
service commission, the agency shall within thirty days after 185
receipt of the notice conform the rule to the rules of the 186
commission as directed in the notice. 187
(C) All rules filed pursuant to divisions (B)(1)(a) and 189
(2) of this section shall be recorded by the secretary of state 190
and the director under the title of the agency adopting the rule 191
and shall be numbered according to the numbering system devised 192
by the director. The secretary of state and the director shall 193
preserve the rules in an accessible manner. Each such rule shall 194
be a public record open to public inspection and may be lent to 195
any law publishing company that wishes to reproduce it. 196
(D) At least sixty days before a board, commission, 198
department, division, or bureau of the government of the state 199
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
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agency pursuant to federal law or rule, to become effective 246
within sixty days of adoption, in order to continue the operation 247
of a federally reimbursed program in this state, so long as the 248
proposed rule contains both of the following: 249
(a) A statement that it is proposed for the purpose of 251
complying with a federal law or rule; 252
(b) A citation to the federal law or rule that requires 254
verbatim compliance. 255
(6) An initial rule proposed by the director of health to 257
impose safety standards, quality-of-care standards, and 258
quality-of-care data reporting requirements with respect to a 259
health service specified in section 3702.11 of the Revised Code, 260
or an initial rule proposed by the director to impose quality 262
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 263
Code requires that the rule be adopted under this section; 264
(7) A rule of the state lottery commission pertaining to 266
instant game rules. 267
(E) Whenever a state board, commission, department, 269
division, or bureau files a proposed rule or a proposed rule in 270
revised form under division (D) of this section, it shall also 271
file one copy of the full text of the same proposed rule or 272
proposed rule in revised form with the secretary of state and two 273
copies thereof with the director of the legislative service 274
commission. Except as provided in division (F) of this section, 275
a state board, commission, department, division, or bureau shall 276
attach a copy of the rule summary and fiscal analysis prepared 277
under section 121.24 or 127.18 of the Revised Code, or both, to 278
each copy of a proposed rule or proposed rule in revised form 279
that is filed with the secretary of state or the director of the 280
legislative service commission. 281
(F) Except as otherwise provided in this division, the 283
auditor of state or the auditor of state's designee is not 284
required to attach a rule summary and fiscal analysis to any copy 286
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
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ANY SUCH REQUEST, THE ADMINISTRATIVE AGENT SHALL ADVERTISE ITS 381
INTENT TO REQUEST PROPOSALS IN A NEWSPAPER OF GENERAL CIRCULATION 382
IN THE STATE ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. THE NOTICE 383
SHALL STATE THAT THE ADMINISTRATIVE AGENT INTENDS TO REQUEST 384
PROPOSALS; SPECIFY THE PURPOSE OF THE REQUEST; INDICATE THE DATE, 385
WHICH SHALL BE AT LEAST TEN DAYS AFTER THE SECOND PUBLICATION, ON 386
WHICH THE REQUEST FOR PROPOSALS WILL BE MAILED TO FINANCIAL 387
INSTITUTIONS, ISSUERS, OR PROCESSORS; AND REQUIRE THAT ANY 388
FINANCIAL INSTITUTION, ISSUER, OR PROCESSOR, WHICHEVER IS 389
APPROPRIATE, INTERESTED IN RECEIVING THE REQUEST FOR PROPOSALS 390
SUBMIT WRITTEN NOTICE OF THIS INTEREST TO THE ADMINISTRATIVE 391
AGENT NOT LATER THAN NOON OF THE DAY ON WHICH THE REQUEST FOR 392
PROPOSALS WILL BE MAILED.
UPON RECEIVING THE PROPOSALS, THE ADMINISTRATIVE AGENT 394
SHALL REVIEW THEM AND MAKE A RECOMMENDATION TO THE BOARD OF 395
DEPOSIT REGARDING WHICH PROPOSALS TO ACCEPT. THE BOARD OF 396
DEPOSIT SHALL CONSIDER THE AGENT'S RECOMMENDATION AND REVIEW ALL 397
PROPOSALS SUBMITTED, AND THEN MAY CHOOSE TO CONTRACT WITH ANY OR 398
ALL OF THE ENTITIES SUBMITTING PROPOSALS, AS APPROPRIATE. THE 399
BOARD OF DEPOSIT SHALL PROVIDE ANY FINANCIAL INSTITUTION, ISSUER, 401
OR PROCESSOR THAT SUBMITTED A PROPOSAL, BUT WITH WHICH THE BOARD 402
DOES NOT ENTER INTO A CONTRACT, NOTICE THAT ITS PROPOSAL IS 403
REJECTED.
(D) THE BOARD OF DEPOSIT SHALL SEND A COPY OF THE 406
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION TO EACH 407
STATE ELECTED OFFICIAL AND STATE ENTITY AUTHORIZED TO ACCEPT 408
PAYMENTS FOR STATE EXPENSES BY FINANCIAL TRANSACTION DEVICE. 409
AFTER RECEIVING THE RESOLUTION AND BEFORE ACCEPTING SUCH PAYMENTS 411
BY FINANCIAL TRANSACTION DEVICE, SUCH A STATE ELECTED OFFICIAL OR 412
STATE ENTITY SHALL PROVIDE WRITTEN NOTIFICATION TO THE 413
ADMINISTRATIVE AGENT OF THE OFFICIAL'S OR ENTITY'S INTENT TO
IMPLEMENT THE RESOLUTION WITHIN THE OFFICIAL'S OR ENTITY'S 414
OFFICE. EACH STATE OFFICE OR ENTITY SUBJECT TO THE BOARD'S 415
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION SHALL USE 417
11
ONLY THE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION 419
DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION DEVICES WITH 420
WHICH THE BOARD OF DEPOSIT CONTRACTS, AND EACH SUCH OFFICE OR 421
ENTITY IS SUBJECT TO THE TERMS OF THOSE CONTRACTS. 422
IF A STATE ENTITY UNDER THE AUTHORITY OF A STATE ELECTED 424
OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR MORE STATE 426
EXPENSES AND THE STATE ELECTED OFFICIAL DETERMINES NOT TO ACCEPT 428
PAYMENTS BY FINANCIAL TRANSACTION DEVICE FOR ONE OR MORE OF THOSE 429
EXPENSES, THE OFFICE IS NOT REQUIRED TO ACCEPT PAYMENTS BY 430
FINANCIAL TRANSACTION DEVICE FOR THOSE EXPENSES, NOTWITHSTANDING 431
THE ADOPTION OF A RESOLUTION BY THE BOARD OF DEPOSIT UNDER 432
DIVISION (B) OF THIS SECTION.
ANY STATE ENTITY THAT PRIOR TO THE EFFECTIVE DATE OF THIS 435
SECTION ACCEPTED FINANCIAL TRANSACTION DEVICES MAY CONTINUE TO 436
ACCEPT SUCH DEVICES UNTIL JUNE 30, 2000, WITHOUT BEING SUBJECT TO 437
ANY RESOLUTION ADOPTED BY THE BOARD OF DEPOSIT UNDER DIVISION (B) 439
OF THIS SECTION, OR ANY OTHER OVERSIGHT BY THE BOARD OF THE
ENTITY'S FINANCIAL TRANSACTION DEVICE PROGRAM. ANY SUCH ENTITY 440
MAY USE SURCHARGES OR CONVENIENCE FEES IN ANY MANNER THE STATE 441
ELECTED OFFICIAL OR OTHER OFFICIAL IN CHARGE OF THE ENTITY 442
DETERMINES TO BE APPROPRIATE, AND, IF THE ADMINISTRATIVE AGENT 443
CONSENTS, MAY APPOINT THE ADMINISTRATIVE AGENT TO BE THE ENTITY'S 445
ADMINISTRATIVE AGENT FOR PURPOSES OF ACCEPTING FINANCIAL 446
TRANSACTION DEVICES. IN ORDER TO BE EXEMPT FROM THE RESOLUTION 447
OF THE BOARD OF DEPOSIT UNDER DIVISION (B) OF THIS SECTION, A 448
STATE ENTITY SHALL NOTIFY THE BOARD IN WRITING WITHIN THIRTY DAYS 449
AFTER THE EFFECTIVE DATE OF THIS SECTION THAT IT ACCEPTED 450
FINANCIAL TRANSACTION DEVICES PRIOR TO THE EFFECTIVE DATE OF THIS 451
SECTION. EACH SUCH NOTIFICATION SHALL EXPLAIN HOW PROCESSING 452
COSTS ASSOCIATED WITH FINANCIAL TRANSACTION DEVICES ARE BEING 453
PAID AND SHALL INDICATE WHETHER SURCHARGE OR CONVENIENCE FEES ARE 454
BEING PASSED ON TO CONSUMERS. 455
(E) THE BOARD OF DEPOSIT MAY ESTABLISH A SURCHARGE OR 457
CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON MAKING PAYMENT 458
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.