As Reported by the Senate Finance and 2
Financial Institutions Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 640 6
1999-2000 7
REPRESENTATIVES CORBIN-COUGHLIN-BARRETT-PETERSON-METZGER- 9
VESPER-R. MILLER-BOYD-PERRY-STAPLETON-HOOPS-HEALY-GOODMAN- 10
DePIERO-EVANS-JOLIVETTE-SENATORS CARNES-WHITE-KEARNS 11
_________________________________________________________________ 13
A B I L L
To amend sections 101.68, 121.04, 121.08, 123.15, 15
123.21, 124.15, 124.152, 124.18, 124.27, 124.34, 17
124.381, 124.384, 124.385, 124.386, 126.11,
126.14, 129.72, 129.73, 133.20, 135.14, 145.01, 18
149.32, 149.43, 153.01, 154.01, 154.02, 154.05, 19
154.06, 154.07, 154.08, 154.09, 154.10, 154.11, 20
154.12, 154.14, 154.15, 154.16, 154.17, 154.18, 21
154.19, 154.20, 154.21, 154.22, 164.01, 164.08,
164.09, 164.10, 169.01, 169.02, 505.261, 505.264, 23
1347.08, 1551.12, 1551.30, 1551.31, 1551.33, 24
1551.34, 1555.02, 1555.03, 1555.05, 1555.08, 25
1555.15, 1557.01, 1557.02, 1557.03, 3313.98, 26
3313.981, 3317.03, 3318.21, 3318.25, 3318.26, 27
3325.07, 3333.13, 3383.01, 3383.03, 3383.07, 28
3701.024, 3701.132, 3701.23, 3770.06, 4104.45, 30
4105.12, 4105.15, 4751.04, 4751.05, 4751.06, 31
4905.01, 4906.03, 4928.20, 5528.32, 5528.36,
5528.51, 5528.53, 5528.54, 5727.01, 5727.03, 34
5727.111, 5727.15, 5727.24 to 5727.31, 5727.311,
5727.32, 5727.33, 5727.38, 5727.42, 5727.60, 35
5733.33, 5735.05, 5735.23, 5739.02, 5743.02, 36
5743.023, 5743.32, 5743.322, and 5747.31; to 37
enact sections 124.182, 126.16, 145.015, 151.01, 38
151.02, 151.03, 151.04, 151.05, 151.06, 151.07, 39
151.08, and 4751.041; to repeal sections 123.20, 40
2
129.41, 129.42, 129.45, 129.46, 129.50, 129.52, 41
129.53, 129.54, 129.55, 129.56, 129.57, 129.60,
129.62, 129.63, 129.64, 129.65, 154.03, 154.04, 42
154.23, 164.11, 1551.36, 1555.09, 1555.10,
1555.11, 1555.12, 1555.13, 1555.14, 1557.04, 45
1557.05, 3318.41, 5528.55, 5528.56, and 5528.57
of the Revised Code and to amend Section 3.01 of 46
Am. Sub. H.B. 850 of the 122nd General Assembly, 47
as amended by Am. Sub. H.B. 283 of the 123rd
General Assembly; to amend Sections 4, 11, and 12 48
of Am. Sub. S.B. 3 of the 123rd General Assembly; 49
to amend Sections 4.05 and 5.01 of Am. Sub. H.B.
163 of the 123rd General Assembly; to amend 50
Sections 4.04, 4.06, 4.08, 4.11, 4.12, 4.16,
4.18, 7, 7.06, 7.10, 8, and 10 of Am. Sub. H.B. 51
282 of the 123rd General Assembly; to amend 53
Sections 4, 4.07, and 7.01 of Am. Sub. H.B. 282
of the 123rd General Assembly, as amended by Sub. 54
S.B. 245 of the 123rd General Assembly; to amend
Sections 8, 9, 9.07, 9.14, 37.05, 37.06, 37.11, 55
51, 53, 55, 58.04, 58.09, 65, 68, 69.01, 72.01, 57
75, 92, 97, 98.01, 174, and 175 of Am. Sub. H.B.
283 of the 123rd General Assembly; to amend 59
Section 30 of Am. Sub. H.B. 283 of the 123rd
General Assembly, as amended by Am. Sub. H.B. 470 61
of the 123rd General Assembly; to amend Sections
28, 37, 37.14, 55.07, 72, 90, 98, and 101 of Am. 62
Sub. H.B. 283 of the 123rd General Assembly, as 63
amended by Sub. S.B. 245 of the 123rd General
Assembly; to amend Section 21 of Am. Sub. H.B. 64
283, as amended by both Am. Sub. S.B. 153 and 65
Sub. S.B. 245, all of the 123rd General Assembly;
to amend Section 20.01 of Sub. S.B. 245 of the 66
123rd General Assembly; to repeal Section 178 of 67
3
Am. Sub. H.B. 283 of the 123rd General Assembly;
to repeal Section 3 of Am. Sub. S.B. 3 of the 68
123rd General Assembly; to repeal Section 54 of 69
Sub. S.B. 245 of the 123rd General Assembly; and
to repeal Sections 1, 2, 3, and 4 of Am. S.B. 206 70
of the 123rd General Assembly to make capital 71
appropriations for the biennium ending June 30,
2002; to make supplemental appropriations for the 72
biennium ending June 30, 2001; to correct and 73
modify authorizations and conditions established
for the operation of state programs; to maintain 74
the provisions of this act on January 1, 2001, by 75
amending sections 1551.33 and 4905.01 of the
Revised Code on that date; and to resolve 76
effective date issues created by simultaneous 77
changes to the public utility excise tax law by 78
Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 79
123rd General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 81
Section 1. That sections 101.68, 121.04, 121.08, 123.15, 83
123.21, 124.15, 124.152, 124.18, 124.27, 124.34, 124.381, 85
124.384, 124.385, 124.386, 126.11, 126.14, 129.72, 129.73, 86
133.20, 135.14, 145.01, 149.32, 149.43, 153.01, 154.01, 154.02, 87
154.05, 154.06, 154.07, 154.08, 154.09, 154.10, 154.11, 154.12, 88
154.14, 154.15, 154.16, 154.17, 154.18, 154.19, 154.20, 154.21, 89
154.22, 164.01, 164.08, 164.09, 164.10, 169.01, 169.02, 505.261, 90
505.264, 1347.08, 1551.12, 1551.30, 1551.31, 1551.33, 1551.34, 92
1555.02, 1555.03, 1555.05, 1555.08, 1555.15, 1557.01, 1557.02, 94
1557.03, 3313.98, 3313.981, 3317.03, 3318.21, 3318.25, 3318.26, 95
3325.07, 3333.13, 3383.01, 3383.03, 3383.07, 3701.024, 3701.132, 97
3701.23, 3770.06, 4104.45, 4105.12, 4105.15, 4751.04, 4751.05, 98
4751.06, 4905.01, 4906.03, 4928.20, 5528.32, 5528.36, 5528.51, 99
4
5528.53, 5528.54, 5727.01, 5727.03, 5727.111, 5727.15, 5727.24, 102
5727.25, 5727.26, 5727.27, 5727.28, 5727.29, 5727.30, 5727.31, 103
5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.60, 5733.33, 104
5735.05, 5735.23, 5739.02, 5743.02, 5743.023, 5743.32, 5743.322, 105
and 5747.31 be amended and sections 124.182, 126.16, 145.015, 107
151.01, 151.02, 151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 109
and 4751.041 of the Revised Code be enacted to read as follows: 110
Sec. 101.68. (A) Within thirty days of the convening of 119
the first regular session of the general assembly, each agency 120
required to submit reports or similar documents to the general 121
assembly pursuant to section 103.43, 154.05, 3301.07, 5139.33, 122
5501.07, 5537.17, or 5593.21 of the Revised Code shall send 123
written notice to each member of the general assembly in order to 124
determine whether the member desires to personally receive the 125
reports or similar documents as they are made available by the 126
agency. If the member desires to personally receive the reports 127
or similar documents as they become available, the member shall 128
send a written request to the agency within thirty days of 129
receiving the notice. 130
(B) Whenever any statute or rule requires that a report, 132
recommendation, or other similar document be submitted to the 133
general assembly under a law not cited in division (A) of this 134
section, to the members of the general assembly, to one house of 135
the general assembly, or to the members of one house of the 136
general assembly, the requirement shall be fulfilled by the 137
submission of a copy of the report, recommendation, or document 138
to the director of the legislative service commission, the 139
president of the senate, the minority leader of the senate, the 140
speaker of the house of representatives, and the minority leader 141
of the house of representatives if both houses of the general 142
assembly or their members are specified, or to the director of 143
the legislative service commission, the president of the senate, 144
and the minority leader of the senate if only the senate or its 145
members are specified, or to the director of the legislative 146
5
service commission, the speaker of the house of representatives, 147
and the minority leader of the house of representatives if only 148
the house of representatives or its members are specified. This 149
division does not apply to items required to be distributed to 150
members of the general assembly pursuant to section 103.14, 151
149.04, 149.07, or 149.17 of the Revised Code. 152
(C) Each month the legislative service commission shall 154
provide to each member of the senate and to each member of the 155
house of representatives a list of all reports, recommendations, 156
and documents submitted to the officers of the general assembly 157
under division (B) of this section. The list shall include a 158
short and accurate description of the content, length, and form 159
of each report, recommendation, or document submitted, as well as 160
a statement setting forth the number printed and the cost of 161
preparation. Each member may request from the legislative 162
service commission a copy of any report, recommendation, or 163
document on the list, and the legislative service commission 164
shall comply with any such request. 165
Sec. 121.04. Offices are created within the several 175
departments as follows: 176
In the department of commerce: 178
Commissioner of securities; 180
Superintendent of real estate and professional 181
licensing;
Superintendent of financial institutions; 182
Fire marshal; 183
SUPERINTENDENT OF LABOR AND WORKER SAFETY; 184
Beginning on July 1, 1997, 185
Superintendent of liquor control; 186
Superintendent of industrial compliance. 187
In the department of administrative services: 189
State architect and engineer; 191
Equal employment opportunity coordinator. 192
In the department of agriculture: 194
6
Chiefs of divisions as follows: 196
Administration; 198
Animal industry; 199
Dairy; 200
Food safety; 201
Plant industry; 202
Markets; 203
Meat inspection; 204
Consumer analytical laboratory; 205
Amusement ride safety; 206
Enforcement; 207
Weights and measures. 208
In the department of natural resources: 210
Chiefs of divisions as follows: 212
Water; 214
Mines and Reclamation; 215
Forestry; 216
Natural areas and preserves; 217
Wildlife; 218
Geological survey; 219
Parks and recreation; 220
Watercraft; 221
Oil and gas; 222
Recycling and litter prevention; 223
Civilian conservation; 224
Soil and water conservation; 225
Real estate and land management; 226
Engineering. 227
Until July 1, 1997, in the department of liquor control: 229
Chiefs of divisions as follows: 231
Accounting and finance; 233
Store management; 234
Personnel; 235
Beer. 236
7
In the department of insurance: 238
Deputy superintendent of insurance; 240
Assistant superintendent of insurance, technical; 241
Assistant superintendent of insurance, 242
administrative; 243
Assistant superintendent of insurance, research. 244
Sec. 121.08. (A) There is hereby created in the 255
department of commerce the position of deputy director of 256
administration. This officer shall be appointed by the director 257
of commerce, serve under the director's direction, supervision, 259
and control, perform such duties as the director prescribes, and 260
hold office during the director's pleasure. The director of 261
commerce may designate an assistant director of commerce to serve 262
as the deputy director of administration. The deputy director of 263
administration shall perform such duties as are prescribed by the 265
director of commerce in supervising the activities of the 266
division of administration of the department of commerce. 267
(B) Except as provided in section 121.07 of the Revised 269
Code, the department of commerce shall have all powers and 270
perform all duties vested in the deputy director of 271
administration, the state fire marshal, the superintendent of 273
financial institutions, the superintendent of real estate and 274
professional licensing, the superintendent of liquor control, the 275
superintendent of the division of industrial compliance, THE 276
SUPERINTENDENT OF LABOR AND WORKER SAFETY, and the commissioner 277
of securities, and shall have all powers and perform all duties 278
vested by law in all officers, deputies, and employees of such 279
offices. Except as provided in section 121.07 of the Revised 280
Code, wherever powers are conferred or duties imposed upon any of 281
such officers, such powers and duties shall be construed as 282
vested in the department of commerce. 283
(C)(1) There is hereby created in the department of 285
commerce a division of financial institutions, which shall have 286
all powers and perform all duties vested by law in the 288
8
superintendent of financial institutions. Wherever powers are 290
conferred or duties imposed upon the superintendent of financial 291
institutions, such powers and duties shall be construed as vested 292
in the division of financial institutions. The division of 293
financial institutions shall be administered by a superintendent 295
of financial institutions.
(2) All provisions of law governing the superintendent of 297
financial institutions shall apply to and govern the 299
superintendent of financial institutions provided for in this 301
section; all authority vested by law in the superintendent of 302
financial institutions with respect to the management of the 303
division of financial institutions shall be construed as vested 304
in the superintendent of financial institutions created by this 305
section with respect to the division of financial institutions 307
provided for in this section; and all rights, privileges, and 309
emoluments conferred by law upon the superintendent of financial 310
institutions shall be construed as conferred upon the 311
superintendent of financial institutions as head of the division 312
of financial institutions. The director of commerce shall not 314
transfer from the division of financial institutions any of the 315
functions specified in division (C)(2) of this section. 317
(D) Beginning on July 1, 1997, there is hereby created in 319
the department of commerce a division of liquor control, which 320
shall have all powers and perform all duties vested by law in the 321
superintendent of liquor control. Wherever powers are conferred 322
or duties are imposed upon the superintendent of liquor control, 324
those powers and duties shall be construed as vested in the
division of liquor control. The division of liquor control shall 325
be administered by a superintendent of liquor control. 326
(E) The director of commerce shall not be interested, 328
directly or indirectly, in any firm or corporation which is a 330
dealer in securities as defined in sections 1707.01 and 1707.14 331
of the Revised Code, or in any firm or corporation licensed under 332
sections 1321.01 to 1321.19 of the Revised Code. 333
9
(F) The director of commerce shall not have any official 335
connection with a savings and loan association, a savings bank, a 338
bank, a bank holding company, a savings and loan association 339
holding company, a consumer finance company, or a credit union 340
that is under the supervision of the division of financial
institutions, or a subsidiary of any of the preceding entities, 342
or be interested in the business thereof.
(G) There is hereby created in the state treasury the 344
division of administration fund. The fund shall receive 346
assessments on the operating funds of the department of commerce 347
in accordance with procedures prescribed by the director of 348
commerce and approved by the director of budget and management. 349
All operating expenses of the division of administration shall be 350
paid from the division of administration fund. 351
(H) There is hereby created in the department of commerce 353
a division of real estate and professional licensing, which shall 354
be under the control and supervision of the director of commerce. 355
The division of real estate and professional licensing shall be 356
administered by a superintendent of real estate and professional 357
licensing. The superintendent of real estate and professional 358
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters 4707., 359
4735., 4749., 4763., and 4767. of the Revised Code. 360
(I) THERE IS HEREBY CREATED IN THE DEPARTMENT OF COMMERCE 362
A DIVISION OF LABOR AND WORKER SAFETY, WHICH SHALL HAVE ALL 364
POWERS AND PERFORM ALL DUTIES VESTED BY LAW IN THE SUPERINTENDENT 365
OF LABOR AND WORKER SAFETY. WHEREVER POWERS ARE CONFERRED OR 366
DUTIES IMPOSED UPON THE SUPERINTENDENT OF LABOR AND WORKER 367
SAFETY, SUCH POWERS AND DUTIES SHALL BE CONSTRUED AS VESTED IN 368
THE DIVISION OF LABOR AND WORKER SAFETY. THE DIVISION OF LABOR 369
AND WORKER SAFETY IS UNDER THE CONTROL AND SUPERVISION OF THE 370
DIRECTOR OF COMMERCE, AND ADMINISTERED BY A SUPERINTENDENT OF 371
LABOR AND WORKER SAFETY. THE SUPERINTENDENT OF LABOR AND WORKER 372
SAFETY SHALL EXERCISE THE POWERS AND PERFORM THE DUTIES DELEGATED 373
10
TO THE SUPERINTENDENT BY THE DIRECTOR UNDER CHAPTERS 4709., 374
4711., 4715., AND 4767. OF THE REVISED CODE. 375
Sec. 123.15. (A) AS USED IN THIS SECTION AND SECTION 384
123.21 OF THE REVISED CODE, "PUBLIC EXIGENCY" MEANS AN INJURY OR 386
OBSTRUCTION THAT OCCURS IN ANY PUBLIC WORKS AND THAT MATERIALLY 387
IMPAIRS ITS IMMEDIATE USE OR PLACES IN JEOPARDY PROPERTY ADJACENT 388
TO IT; AN IMMEDIATE DANGER OF SUCH AN INJURY OR OBSTRUCTION; OR 389
AN INJURY OR OBSTRUCTION, OR AN IMMEDIATE DANGER OF AN INJURY OR 390
OBSTRUCTION, THAT OCCURS DURING THE PROCESS OF CONSTRUCTION OF 391
ANY PUBLIC WORKS AND THAT MATERIALLY IMPAIRS ITS IMMEDIATE USE OR 392
PLACES IN JEOPARDY PROPERTY ADJACENT TO IT.
(B) The director of administrative services may enter into 395
contracts with proper persons for the performance of labor, the 396
furnishing of materials, or the construction of any structures 397
and buildings necessary to the maintenance, control, and 398
management of the public works of the state, or any part thereof 399
OF THOSE PUBLIC WORKS. EXCEPT AS PROVIDED IN DIVISION (C) OF 400
THIS SECTION FOR PUBLIC EXIGENCIES, THE DIRECTOR SHALL ADVERTISE, 403
AWARD, AND ADMINISTER THOSE CONTRACTS IN ACCORDANCE WITH THE 404
REQUIREMENTS SET FORTH IN CHAPTER 153. OF THE REVISED CODE. 405
The director shall require bonds of not less than one half 407
of the contract price from said contractors, payable to the state 408
and conditioned on the faithful performance of said contract. 409
Except in cases of extreme public exigency or emergency, 411
and when the cost of any proposed improvement or repair exceeds 412
five hundred dollars, the director shall give notice in a 414
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, 415
and the director may also advertise in such trade journals as 416
will afford full information to the public of the terms of the 418
contract and the nature of the work to be performed and the 419
character of materials required, together with the time of the 420
letting and place and manner of receiving bids. 421
Such contracts shall be awarded to the lowest responsive 423
11
and responsible bidder in accordance with section 9.312 of the 424
Revised Code, shall be in writing, and shall contain specific 425
prices for each kind of work to be performed and for materials to 426
be furnished by the parties. 427
(C) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY ISSUE A 429
DECLARATION OF A PUBLIC EXIGENCY ON THE DIRECTOR'S OWN INITIATIVE 430
OR UPON THE REQUEST OF THE DIRECTOR OF ANY STATE AGENCY. THE 431
DIRECTOR'S DECLARATION SHALL IDENTIFY THE SPECIFIC INJURY, 432
OBSTRUCTION, OR DANGER THAT IS THE SUBJECT OF THE DECLARATION AND 433
SHALL SET FORTH A DOLLAR LIMITATION FOR THE REPAIR, REMOVAL, OR 434
PREVENTION OF THAT EXIGENCY UNDER THE DECLARATION. 435
BEFORE ANY PROJECT TO REPAIR, REMOVE, OR PREVENT A PUBLIC 437
EXIGENCY UNDER THE DIRECTOR'S DECLARATION MAY BEGIN, THE DIRECTOR 439
SHALL SEND NOTICE OF THE PROJECT, IN WRITING, TO THE DIRECTOR OF 440
BUDGET AND MANAGEMENT. THAT NOTICE SHALL DETAIL THE PROJECT TO 441
BE UNDERTAKEN TO ADDRESS THE PUBLIC EXIGENCY AND SHALL INCLUDE A 442
COPY OF THE DIRECTOR'S DECLARATION THAT ESTABLISHES THE MONETARY 443
LIMITATIONS ON THAT PROJECT.
Sec. 123.21. When a public exigency, as defined in 452
DIVISION (A) OF section 123.20 123.15 of the Revised Code, 454
exists, the director of administrative services may take
possession of lands and use them, or materials and other property 455
necessary for the maintenance, protection, or repair of the 456
public works, in accordance with sections 163.01 to 163.22 of the 458
Revised Code.
Sec. 124.15. (A) Board and commission members appointed 467
prior to July 1, 1991, shall be paid a salary or wage in 468
accordance with the following schedules of rates: 469
Schedule B 471
Pay Ranges and Step Values 472
Range Step 1 Step 2 Step 3 Step 4 475
23 Hourly 5.72 5.91 6.10 6.31 477
Annually 11897.60 12292.80 12688.00 13124.80 479
Step 5 Step 6 480
12
Hourly 6.52 6.75 482
Annually 13561.60 14040.00 484
Step 1 Step 2 Step 3 Step 4 487
24 Hourly 6.00 6.20 6.41 6.63 489
Annually 12480.00 12896.00 13332.80 13790.40 491
Step 5 Step 6 492
Hourly 6.67 7.10 494
6.87 496
Annually 14289.60 14768.00 498
Step 1 Step 2 Step 3 Step 4 501
25 Hourly 6.31 6.52 6.75 6.99 503
Annually 13124.80 13561.60 14040.00 14539.20 505
Step 5 Step 6 506
Hourly 7.23 7.41 508
Annually 15038.40 15412.80 510
Step 1 Step 2 Step 3 Step 4 513
26 Hourly 6.63 6.87 7.10 7.32 515
Annually 13790.40 14289.60 14768.00 15225.60 517
Step 5 Step 6 518
Hourly 7.53 7.77 520
Annually 15662.40 16161.60 522
Step 1 Step 2 Step 3 Step 4 525
27 Hourly 6.99 7.23 7.41 7.64 527
Annually 14534.20 15038.40 15412.80 15891.20 529
Step 5 Step 6 Step 7 531
Hourly 7.88 8.15 8.46 533
Annually 16390.40 16952.00 17596.80 535
Step 1 Step 2 Step 3 Step 4 537
28 Hourly 7.41 7.64 7.88 8.15 539
Annually 15412.80 15891.20 16390.40 16952.00 541
Step 5 Step 6 Step 7 543
Hourly 8.46 8.79 9.15 545
Annually 17596.80 18283.20 19032.00 547
Step 1 Step 2 Step 3 Step 4 549
13
29 Hourly 7.88 8.15 8.46 8.79 551
Annually 16390.40 16952.00 17596.80 18283.20 553
Step 5 Step 6 Step 7 555
Hourly 9.15 9.58 10.01 557
Annually 19032.00 19926.40 20820.80 559
Step 1 Step 2 Step 3 Step 4 561
30 Hourly 8.46 8.79 9.15 9.58 563
Annually 17596.80 18283.20 19032.00 19926.40 565
Step 5 Step 6 Step 7 567
Hourly 10.01 10.46 10.99 569
Annually 20820.80 21756.80 22859.20 571
Step 1 Step 2 Step 3 Step 4 573
31 Hourly 9.15 9.58 10.01 10.46 575
Annually 19032.00 19962.40 20820.80 21756.80 577
Step 5 Step 6 Step 7 579
Hourly 10.99 11.52 12.09 581
Annually 22859.20 22961.60 25147.20 583
23961.60 584
Step 1 Step 2 Step 3 Step 4 587
32 Hourly 10.01 10.46 10.99 11.52 589
Annually 20820.80 21756.80 22859.20 23961.60 591
Step 5 Step 6 Step 7 Step 8 593
Hourly 12.09 12.68 13.29 13.94 595
Annually 25147.20 26374.40 27643.20 28995.20 597
Step 1 Step 2 Step 3 Step 4 599
33 Hourly 10.99 11.52 12.09 12.68 601
Annually 22859.20 23961.60 25147.20 26374.40 603
Step 5 Step 6 Step 7 Step 8 605
Hourly 13.29 13.94 14.63 15.35 607
Annually 27643.20 28995.20 30430.40 31928.00 609
Step 1 Step 2 Step 3 Step 4 611
34 Hourly 12.09 12.68 13.29 13.94 613
Annually 25147.20 26374.40 27643.20 28995.20 615
Step 5 Step 6 Step 7 Step 8 617
14
Hourly 14.63 15.35 16.11 16.91 619
Annually 30430.40 31928.00 33508.80 35172.80 621
Step 1 Step 2 Step 3 Step 4 623
35 Hourly 13.29 13.94 14.63 15.35 625
Annually 27643.20 28995.20 30430.40 31928.00 627
Step 5 Step 6 Step 7 Step 8 629
Hourly 16.11 16.91 17.73 18.62 631
Annually 33508.80 35172.80 36878.40 38729.60 633
Step 1 Step 2 Step 3 Step 4 635
36 Hourly 14.63 15.35 16.11 16.91 637
Annually 30430.40 31928.00 33508.80 35172.80 639
Step 5 Step 6 Step 7 Step 8 641
Hourly 17.73 18.62 19.54 20.51 643
Annually 36878.40 38729.60 40643.20 42660.80 645
Schedule C 647
Pay Range and Values 648
Range Minimum Maximum 650
41 Hourly 10.44 15.72 651
Annually 21715.20 32697.60 652
42 Hourly 11.51 17.35 653
Annually 23940.80 36088.00 654
43 Hourly 12.68 19.12 655
Annually 26374.40 39769.60 656
44 Hourly 13.99 20.87 657
Annually 29099.20 43409.60 658
45 Hourly 15.44 22.80 659
Annually 32115.20 47424.00 660
46 Hourly 17.10 24.90 661
17.01 662
Annually 35380.80 51792.00 663
47 Hourly 18.75 27.18 664
Annually 39000.00 56534.40 665
48 Hourly 20.67 29.69 666
Annually 42993.60 61755.20 667
15
49 Hourly 22.80 32.06 668
Annually 47424.00 66684.80 669
(B) The pay schedule of all employees shall be on a 672
biweekly basis, with amounts computed on an hourly basis. 673
(C) Part-time employees shall be compensated on an hourly 675
basis for time worked, at the rates shown in division (A) of this 676
section or in section 124.152 of the Revised Code. 677
(D) The salary and wage rates in division (A) of this 679
section or in section 124.152 of the Revised Code represent base 680
rates of compensation and may be augmented by the provisions of 681
section 124.181 of the Revised Code. In those cases where 682
lodging, meals, laundry, or other personal services are furnished 683
an employee, the actual costs or fair market value thereof OF THE 684
PERSONAL SERVICES shall be paid by the employee in such amounts 686
and manner as determined by the director of administrative 687
services and approved by the director of budget and management, 688
and such THOSE PERSONAL services shall not be considered as a 690
part of the employee's compensation. An appointing authority, 691
with the approval of the director of administrative services and 692
the director of budget and management, may establish payments to 693
employees for uniforms, tools, equipment, and other requirements 694
of the department and payments for the maintenance thereof OF 695
THEM.
The director of administrative services may review 697
collective bargaining agreements entered into under Chapter 4117. 698
of the Revised Code that cover state employees and determine 699
whether certain benefits or payments provided to state employees 700
covered by those agreements should also be provided to employees 701
who are exempt from collective bargaining coverage and are paid 703
in accordance with section 124.152 of the Revised Code or are 704
listed in division (B)(2) or (4) of section 124.14 of the Revised 705
Code. On completing the review, the director of administrative 706
services, with the approval of the director of budget and 707
management, may provide to some or all of these employees any 708
16
payment or benefit, except for salary, contained in such a 710
collective bargaining agreement even if it is similar to a 711
payment or benefit already provided by law to some or all of 712
these employees. Any payment or benefit so provided shall not 713
exceed the highest level for that payment or benefit specified in 714
such a collective bargaining agreement. The director of 715
administrative services shall not provide, and the director of 716
budget and management shall not approve, any payment or benefit 717
to such an employee under this division unless the payment or 718
benefit is provided pursuant to a collective bargaining agreement 719
to a state employee who is in a position with similar duties as, 720
is supervised by, or is employed by the same appointing authority 721
as, the employee to whom the benefit or payment is to be 722
provided.
As used in this division, "payment or benefit already 724
provided by law" includes, but is not limited to, bereavement, 727
personal, vacation, administrative, and sick leave, disability 729
benefits, holiday pay, and pay supplements provided under the 730
Revised Code, but does not include wages or salary. 731
(E) New employees paid under schedule B of division (A) of 734
this section or under schedule E-1 of section 124.152 of the 735
Revised Code shall be employed at the minimum rate established 736
for the range unless otherwise provided. Employees with 737
qualifications that are beyond the minimum normally required for 738
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted 739
to, a position at an advanced step of the range. Further, in 740
time of a serious labor market condition when it is relatively 741
impossible to recruit employees at the minimum rate for a 742
particular classification, the entrance rate may be set at an 743
advanced step in the range by the director of administrative 744
services. This rate may be limited to geographical regions of 745
the state. Appointments made to an advanced step under the 746
provision regarding exceptional qualifications shall not affect 747
17
the step assignment of employees already serving. However, 748
anytime the hiring rate of an entire classification is advanced 749
to a higher step, all incumbents of that classification being 750
paid at a step lower than that being used for hiring, shall be 751
advanced beginning at the start of the first pay period 752
thereafter to the new hiring rate, and any time accrued at the 753
lower step will be used to calculate advancement to a succeeding 754
step. If the hiring rate of a classification is increased for 755
only a geographical region of the state, then only incumbents who 756
work in that geographical region shall be advanced to a higher 757
step. When an employee in the unclassified service changes from 758
one state position to another, or is appointed to a position in 759
the classified service, or if an employee in the classified 760
service is appointed to a position in the unclassified service, 761
the employee's salary or wage in the new position shall be 762
determined in the same manner as if the employee were an employee 763
in the classified service. When an employee in the unclassified 764
service who is not eligible for step increases is appointed to a 765
classification in the classified service under which step 766
increases are provided, future step increases shall be based on
the date on which the employee last received a pay increase. 767
Future step increases shall be effective on the pay period that 768
is twenty-six pay periods following the employee's last increase. 769
If the employee has not received an increase during the previous 771
year, the date of the appointment to the classified service shall 772
be used to determine the employee's annual step advancement 773
ELIGIBILITY date. In reassigning any employee to a
classification resulting in a pay range increase or to a new pay 775
range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay 776
range increase, the director shall assign such employee to the 777
step in the new pay range that will provide an increase of 778
approximately four per cent if the new pay range can accommodate 779
the increase. When an employee is being assigned to a 780
18
classification or new pay range as the result of a class plan 782
change, if the employee has completed a probationary period, the 783
employee shall be placed in a step no lower than step two of the 784
new pay range. If the employee has not completed a probationary 785
period, the employee may be placed in step one of the new pay 786
range. Such new salary or wage shall become effective on such 787
date as the director determines.
(F) If employment conditions and the urgency of the work 789
require such action, the director of administrative services may, 790
upon the application of a department head, authorize payment at 791
any rate established within the range for the class of work, for 792
work of a casual or intermittent nature or on a project basis. 793
Payment at such rates shall not be made to the same individual 794
for more than three calendar months in any one calendar year. 795
Any such action shall be subject to the approval of the director 796
of budget and management as to the availability of funds. This 797
section and sections 124.14 and 124.152 of the Revised Code do 798
not repeal any authority of any department or public official to 799
contract with or fix the compensation of professional persons who 800
may be employed temporarily for work of a casual nature or for 801
work on a project basis. 802
(G) Each state employee paid under schedule B of this 805
section or under schedule E-1 of section 124.152 of the Revised 806
Code shall be advanced ELIGIBLE FOR ADVANCEMENT to succeeding 807
steps in the range for the employee's class according to the 808
schedule established in this division. Beginning on the first 809
day of the pay period within which the employee completes the 810
prescribed probationary period in the employee's classification 811
with the state, each employee shall receive an automatic salary 812
adjustment equivalent to the next higher step within the pay 813
range for the employee's class or grade. The base rate of each 814
EACH employee paid under schedule B of this section or 816
under schedule E-1 of section 124.152 of the Revised Code shall 817
BE ELIGIBLE TO advance at annual intervals thereafter TO THE NEXT 819
19
HIGHER STEP UNTIL THE EMPLOYEE REACHES STEP SIX, if the employee 820
has maintained satisfactory performance, to the next higher step 821
until the maximum step is reached. When IN ACCORDANCE WITH 822
CRITERIA ESTABLISHED BY THE EMPLOYEE'S APPOINTING AUTHORITY. 823
THOSE STEP INCREASES SHALL NOT OCCUR MORE FREQUENTLY THAN ONCE IN 824
ANY TWELVE-MONTH PERIOD. AN EMPLOYEE ONLY MAY ADVANCE TO STEP 825
SEVEN UPON PERFORMING AT AN EXEMPLARY LEVEL AS DETERMINED IN THE 826
EMPLOYEE'S PERFORMANCE EVALUATION. AN EMPLOYEE'S ADVANCEMENT TO 827
STEP SEVEN IS AT THE DISCRETION OF THE EMPLOYEE'S APPOINTING
AUTHORITY. AN EMPLOYEE MAY NOT APPEAL THE DENIAL OF ADVANCEMENT 828
TO STEP SEVEN TO THE STATE PERSONNEL BOARD OF REVIEW. 829
WHEN an employee is promoted or reassigned to a higher pay 833
range, the employee's step indicator shall return to "0" or be 835
adjusted to account for a probationary period, as appropriate. 836
Step advancement shall not be affected by demotion. A promoted 837
employee shall advance to the next higher step of the pay range 838
on the first day of the pay period in which the required 839
probationary period is completed. Step advancement shall become 840
effective at the beginning of the pay period within which the 841
employee attains the necessary length of service. Time spent on 842
authorized leave of absence shall be counted for this purpose. 843
If determined to be in the best interest of the state 845
service, the director of administrative services may, either 846
statewide or in selected agencies, adjust the dates on which 847
annual step increases are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code. 848
(H) Employees in appointive managerial or professional 850
positions paid under salary schedule C of this section or under 851
salary schedule E-2 of section 124.152 of the Revised Code may be 852
appointed at any rate within the appropriate pay range. This 853
rate of pay may be adjusted higher or lower within the respective 854
pay range at any time the appointing authority so desires as long 855
as the adjustment is based on the employee's ability to 856
successfully administer those duties assigned to the employee. 857
20
Salary adjustments shall not be made more frequently than once in 858
any six-month period under this provision to incumbents holding 859
the same position and classification. 860
(I) When an employee is assigned to duty outside this 862
state, the employee may be compensated, upon request of the 863
department head and with the approval of the director of 864
administrative services, at a rate not to exceed fifty per cent 865
in excess of the employee's current base rate for the period of 866
time spent on such THAT duty.
(J) Unless compensation for members of a board or 868
commission is otherwise specifically provided by law, the 869
director of administrative services shall establish the rate and 870
method of payment for members of boards and commissions pursuant 871
to the pay schedules listed in section 124.152 of the Revised 872
Code. 873
(K) Regular full-time employees in positions assigned to 875
classes within the instruction and education administration 876
series under the rules of the director of administrative 877
services, except certificated employees on the instructional 878
staff of the state school for the blind or the state school for 879
the deaf, whose positions are scheduled to work on the basis of 880
an academic year rather than a full calendar year, shall be paid 881
according to the pay range assigned by such rules but only during 882
those pay periods included in the academic year of the school 883
where the employee is located. 884
(1) Part-time or substitute teachers or those whose period 886
of employment is other than the full academic year shall be 887
compensated for the actual time worked at the rate established by 888
this section. 889
(2) Employees governed by this division are exempt from 891
sections 124.13 and 124.19 of the Revised Code. 892
(3) Length of service for the purpose of determining 894
eligibility for step increases as provided by division (G) of 895
this section and for the purpose of determining eligibility for 896
21
longevity pay supplements as provided by division (F) of section 897
124.181 of the Revised Code shall be computed on the basis of one 898
full year of service for the completion of each academic year. 899
(L) The superintendent of the state school for the deaf 901
and the superintendent of the state school for the blind shall, 902
subject to the approval of the superintendent of public 903
instruction, carry out both of the following: 904
(1) Annually, between the first day of April and the last 906
day of June, establish for the ensuing fiscal year a schedule of 907
hourly rates for the compensation of each certificated employee 908
on the instructional staff of that superintendent's respective 909
school constructed as follows: 910
(a) Determine for each level of training, experience, and 912
other professional qualification for which an hourly rate is set 913
forth in the current schedule, the per cent that rate is of the 914
rate set forth in such schedule for a teacher with a bachelor's 915
degree and no experience. If there is more than one such rate 916
for such a teacher, the lowest rate shall be used to make the 917
computation. 918
(b) Determine which six city, local, and exempted village 920
school districts with territory in Franklin county have in effect 921
on, or have adopted by, the first day of April for the school 922
year that begins on the ensuing first day of July, teacher salary 923
schedules with the highest minimum salaries for a teacher with a 924
bachelor's degree and no experience; 925
(c) Divide the sum of such six highest minimum salaries by 927
ten thousand five hundred sixty; 928
(d) Multiply each per cent determined in division 930
(L)(1)(a) of this section by the quotient obtained in division 931
(L)(1)(c) of this section; 932
(e) One hundred five per cent of each product thus 934
obtained shall be the hourly rate for the corresponding level of 935
training, experience, or other professional qualification in the 936
schedule for the ensuing fiscal year. 937
22
(2) Annually, assign each certificated employee on the 939
instructional staff of the superintendent's respective school to 941
an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional 942
qualifications.
If an employee is employed on the basis of an academic 944
year, the employee's annual salary shall be calculated by 945
multiplying the employee's assigned hourly rate times one 946
thousand seven hundred sixty. If an employee is not employed on 947
the basis of an academic year, the employee's annual salary shall 948
be calculated in accordance with the following formula: 949
(a) Multiply the number of days the employee is required 951
to work pursuant to the employee's contract by eight; 952
(b) Multiply the product of division (L)(2)(a) of this 954
section by the employee's assigned hourly rate. 955
Each employee shall be paid an annual salary in biweekly 957
installments. The amount of each installment shall be calculated 958
by dividing the employee's annual salary by the number of 959
biweekly installments to be paid during the year. 960
Sections 124.13 and 124.19 of the Revised Code do not apply 962
to an employee who is paid under this division. 963
As used in this division, "academic year" means the number 965
of days in each school year that the schools are required to be 966
open for instruction with pupils in attendance. Upon completing 967
an academic year, an employee paid under this division shall be 968
deemed to have completed one year of service. An employee paid 969
under this division is eligible to receive a pay supplement under 970
division (L)(1), (2), or (3) of section 124.181 of the Revised 971
Code for which the employee qualifies, but is not eligible to 972
receive a pay supplement under division (L)(4) or (5) of such 973
THAT section. An employee paid under this division is eligible 975
to receive a pay supplement under division (L)(6) of section 976
124.181 of the Revised Code for which the employee qualifies, 977
except that the supplement is not limited to a maximum of five 978
23
per cent of the employee's regular base salary in a calendar 979
year.
(M) Division (A) of this section does not apply to "exempt 981
employees," as defined in section 124.152 of the Revised Code, 982
who are paid under that section. 984
Notwithstanding any other provisions of this chapter, when 986
an employee transfers between bargaining units or transfers out 987
of or into a bargaining unit, the director shall establish the 988
employee's compensation and adjust the maximum leave accrual 989
schedule as the director deems equitable. 990
Sec. 124.152. (A) Beginning on the first day of the pay 999
period that includes July 1, 1997 2000, each exempt employee 1,000
shall be paid a salary or wage in accordance with the following 1,001
schedule of rates: 1,002
Schedule E-1 1,004
Pay Ranges and Step Values 1,006
Step Step Step Step Step Step STEP 1,010
Range 1 2 3 4 5 6 7 1,013
1 Hourly 8.62 9.00 9.38 9.76 1,017
Annually 17930 18720 19510 20301 1,019
2 Hourly 9.04 9.43 9.84 10.27 1,021
Annually 18803 19614 20467 21362 1,023
3 Hourly 9.48 9.89 10.33 10.80 1,025
Annually 19718 20571 21486 22464 1,027
4 Hourly 9.94 10.40 10.88 11.38 1,029
Annually 20675 21632 22630 23670 1,031
5 Hourly 10.45 10.91 11.38 11.87 1,033
Annually 21736 22693 23670 24690 1,035
6 Hourly 11.00 11.46 11.96 12.45 1,037
Annually 22880 23837 24877 25896 1,039
7 Hourly 11.68 12.13 12.61 13.05 13.55 1,042
Annually 24294 25230 26229 27144 28184 1,045
8 Hourly 12.36 12.89 13.46 14.05 14.65 1,048
Annually 25709 26811 27997 29224 30472 1,051
24
9 Hourly 13.17 13.85 14.54 15.26 16.04 1,054
Annually 27394 28808 30243 31741 33363 1,057
10 Hourly 14.22 14.99 15.81 16.70 17.60 1,060
Annually 29578 31179 32885 34736 36608 1,063
11 Hourly 15.48 16.38 17.33 18.30 19.34 1,066
Annually 32198 34070 36046 38064 40227 1,069
12 Hourly 17.08 18.03 19.00 20.05 21.17 22.33 1,073
Annually 35526 37502 39520 41704 44034 46446 1,077
13 Hourly 18.82 19.85 20.93 22.07 23.30 24.57 1,081
Annually 39146 41288 43534 45906 48464 51106 1,085
14 Hourly 20.70 21.85 23.05 24.31 25.68 27.10 1,089
Annually 43056 45448 47944 50565 53414 56368 1,093
15 Hourly 22.74 24.01 25.37 26.77 28.24 29.81 1,097
Annually 47299 49941 52770 55682 58739 62005 1,101
16 Hourly 25.07 26.46 27.92 29.48 31.11 32.86 1,105
Annually 52146 55037 58074 61318 64709 68349 1,109
17 Hourly 27.62 29.15 30.78 32.49 34.29 36.20 1,113
Annually 57450 60632 64022 67579 71323 75296 1,117
18 Hourly 30.44 32.13 33.92 35.80 37.78 39.89 1,121
Annually 63315 66830 70554 74464 78582 82971 1,125
1 HOURLY 8.15 8.51 8.88 9.27 1,129
ANNUALLY 16952 17701 18470 19282 1,131
2 HOURLY 9.88 10.30 10.75 11.23 1,133
ANNUALLY 20550 21424 22360 23358 1,135
3 HOURLY 10.35 10.82 11.29 11.79 1,137
ANNUALLY 21528 22506 23483 24523 1,139
4 HOURLY 10.87 11.36 11.90 12.43 1,141
ANNUALLY 22610 23629 24752 25854 1,143
5 HOURLY 11.41 11.93 12.43 12.98 1,145
ANNUALLY 23733 24814 25854 26998 1,147
6 HOURLY 12.02 12.51 13.07 13.60 1,149
ANNUALLY 25002 26021 27186 28288 1,151
7 HOURLY 12.76 13.25 13.78 14.26 14.81 1,154
ANNUALLY 26541 27560 28662 29661 30805 1,157
25
8 HOURLY 13.50 14.09 14.71 15.35 16.01 1,160
ANNUALLY 28080 29307 30597 31928 33301 1,163
9 HOURLY 14.40 15.14 15.89 16.68 17.53 1,166
ANNUALLY 29952 31491 33051 34694 36462 1,169
10 HOURLY 15.54 16.38 17.27 18.25 19.23 1,172
ANNUALLY 32323 34070 35922 37960 39998 1,175
11 HOURLY 16.91 17.90 18.94 20.00 21.14 1,178
ANNUALLY 35173 37232 39395 41600 43971 1,181
12 HOURLY 18.66 19.70 20.76 21.91 23.13 24.40 25.74 1,186
ANNUALLY 38813 40976 43181 45573 48110 50752 53539 1,190
13 HOURLY 20.56 21.69 22.88 24.11 25.46 26.85 28.33 1,194
ANNUALLY 42765 45115 47590 50149 52957 55848 58926 1,198
14 HOURLY 22.62 23.89 25.18 26.56 28.06 29.61 31.24 1,202
ANNUALLY 47050 49691 52374 55245 58365 61589 64979 1,206
15 HOURLY 24.84 26.23 27.72 29.25 30.86 32.57 34.36 1,210
ANNUALLY 51667 54558 57658 60840 64189 67746 71469 1,214
16 HOURLY 27.39 28.91 30.51 32.21 33.99 35.92 37.90 1,218
ANNUALLY 56971 60133 63461 66997 70699 74714 78832 1,222
17 HOURLY 30.18 31.85 33.63 35.49 37.47 39.56 41.74 1,226
ANNUALLY 62774 66248 69950 73819 77938 82285 86819 1,230
18 HOURLY 33.26 35.10 37.07 39.12 41.28 43.59 45.99 1,234
ANNUALLY 69181 73008 77106 81370 85862 90667 95659 1,238
Schedule E-2 1,241
Range Minimum Maximum 1,243
41 Hourly 16.23 25.15 1,247
Annually 33758 52312 1,249
42 Hourly 17.89 27.79 1,251
Annually 37211 57803 1,253
43 Hourly 19.70 30.61 1,255
Annually 40976 63669 1,257
44 Hourly 21.73 33.42 1,259
Annually 45198 69514 1,261
45 Hourly 24.01 36.50 1,263
Annually 49941 75920 1,265
26
46 Hourly 26.43 39.88 1,267
Annually 54974 82950 1,269
47 Hourly 29.14 43.52 1,271
Annually 60611 90522 1,273
48 Hourly 32.14 47.50 1,275
Annually 66851 98800 1,277
49 Hourly 35.44 51.29 1,279
Annually 73715 106683 1,281
41 HOURLY 16.23 30.15 1,285
ANNUALLY 33758 62712 1,287
42 HOURLY 17.89 33.31 1,289
ANNUALLY 37211 69285 1,291
43 HOURLY 19.70 36.69 1,293
ANNUALLY 40976 76315 1,295
44 HOURLY 21.73 40.07 1,297
ANNUALLY 45198 83346 1,299
45 HOURLY 24.01 43.75 1,301
ANNUALLY 49941 91000 1,303
46 HOURLY 26.43 47.81 1,305
ANNUALLY 54974 99445 1,307
47 HOURLY 29.14 52.17 1,309
ANNUALLY 60611 108514 1,311
48 HOURLY 32.14 56.94 1,313
ANNUALLY 66851 118435 1,315
49 HOURLY 35.44 61.48 1,317
ANNUALLY 73715 127878 1,319
(B) Beginning on the first day of the pay period that 1,322
includes July 1, 1998 2001, each exempt employee, other than an 1,324
exempt employee of the treasurer of state, shall be paid a salary 1,325
or wage in accordance with the following schedule of rates:
Schedule E-1 1,327
Pay Ranges and Step Values 1,328
Step Step Step Step Step Step STEP 1,332
Range 1 2 3 4 5 6 7 1,335
27
1 Hourly 8.88 9.27 9.66 10.05 1,339
Annually 18470 19282 20093 20904 1,341
2 Hourly 9.31 9.71 10.14 10.58 1,343
Annually 19365 20197 21091 22006 1,345
3 Hourly 9.76 10.19 10.64 11.12 1,347
Annually 20301 21195 22131 23130 1,349
4 Hourly 10.24 10.71 11.21 11.72 1,351
Annually 21299 22277 23317 24378 1,353
5 Hourly 10.76 11.24 11.72 12.23 1,355
Annually 22381 23379 24378 25438 1,357
6 Hourly 11.33 11.80 12.32 12.82 1,359
Annually 23566 24544 25626 26666 1,361
7 Hourly 12.03 12.49 12.99 13.44 13.96 1,364
Annually 25022 25979 27019 27955 29037 1,367
8 Hourly 12.73 13.28 13.86 14.47 15.09 1,370
Annually 26478 27622 28829 30098 31387 1,373
9 Hourly 13.57 14.27 14.98 15.72 16.52 1,376
Annually 28226 29682 31158 32698 34362 1,379
10 Hourly 14.65 15.44 16.28 17.20 18.13 1,382
Annually 30472 32115 33862 35776 37710 1,385
11 Hourly 15.94 16.87 17.85 18.85 19.92 1,388
Annually 33155 35090 37128 39208 41434 1,391
12 Hourly 17.59 18.57 19.57 20.65 21.81 23.00 1,395
Annually 36587 38626 40706 42952 45365 47840 1,399
13 Hourly 19.38 20.45 21.56 22.73 24.00 25.31 1,403
Annually 40310 42536 44845 47278 49920 52645 1,407
14 Hourly 21.32 22.51 23.74 25.04 26.45 27.91 1,411
Annually 44346 46821 49379 52083 55016 58053 1,415
15 Hourly 23.42 24.73 26.13 27.57 29.09 30.70 1,419
Annually 48714 51438 54350 57346 60507 63856 1,423
16 Hourly 25.82 27.25 28.76 30.36 32.04 33.85 1,427
Annually 53706 56680 59821 63149 66643 70408 1,431
17 Hourly 28.45 30.02 31.70 33.46 35.32 37.29 1,435
Annually 59176 62442 65936 69597 73466 77563 1,439
28
18 Hourly 31.35 33.09 34.94 36.87 38.91 41.09 1,443
Annually 65208 68827 72675 76690 80933 85467 1,447
1 HOURLY 8.44 8.81 9.19 9.59 1,451
ANNUALLY 17555 18325 19115 19947 1,453
2 HOURLY 10.23 10.66 11.13 11.62 1,455
ANNUALLY 21278 22173 23150 24170 1,457
3 HOURLY 10.71 11.20 11.69 12.20 1,459
ANNUALLY 22277 23296 24315 25376 1,462
4 HOURLY 11.25 11.76 12.32 12.87 1,464
ANNUALLY 23400 24461 25626 26770 1,467
5 HOURLY 11.81 12.35 12.87 13.43 1,470
ANNUALLY 24565 25688 26770 27934 1,473
6 HOURLY 12.44 12.95 13.53 14.08 1,476
ANNUALLY 25875 26936 28142 29286 1,479
7 HOURLY 13.21 13.71 14.26 14.76 15.33 1,483
ANNUALLY 27477 28517 29661 30701 31886 1,486
8 HOURLY 13.97 14.58 15.22 15.89 16.57 1,489
ANNUALLY 29058 30326 31658 33051 34466 1,492
9 HOURLY 14.90 15.67 16.45 17.26 18.14 1,495
ANNUALLY 30992 32594 34216 35901 37731 1,498
10 HOURLY 16.08 16.95 17.87 18.89 19.90 1,501
ANNUALLY 33446 35256 37170 39291 41392 1,504
11 HOURLY 17.50 18.53 19.60 20.70 21.88 1,507
ANNUALLY 36400 38542 40768 43056 45510 1,510
12 HOURLY 19.31 20.39 21.49 22.68 23.94 25.25 26.64 1,514
ANNUALLY 40165 42411 44699 47174 49795 52520 55411 1,517
13 HOURLY 21.28 22.45 23.68 24.95 26.35 27.79 29.32 1,520
ANNUALLY 44262 46696 49254 51896 54808 57803 60986 1,523
14 HOURLY 23.41 24.73 26.06 27.49 29.04 30.65 32.33 1,526
ANNUALLY 48693 51438 54205 57179 60403 63752 67246 1,529
15 HOURLY 25.71 27.15 28.69 30.27 31.94 33.71 35.56 1,532
ANNUALLY 53477 56472 59675 62962 66435 70117 73965 1,535
16 HOURLY 28.35 29.92 31.58 33.34 35.18 37.18 39.23 1,538
ANNUALLY 58968 62234 65686 69347 73174 77334 81598 1,541
29
17 HOURLY 31.24 32.96 34.81 36.73 38.78 40.94 43.20 1,544
ANNUALLY 64979 68557 72405 76398 80662 85155 89856 1,547
18 HOURLY 34.42 36.33 38.37 40.49 42.72 45.12 47.60 1,550
ANNUALLY 71594 75566 79810 84219 88858 93850 99008 1,553
Schedule E-2 1,556
Range Minimum Maximum 1,558
41 Hourly 16.23 25.90 1,562
Annually 33758 53872 1,564
42 Hourly 17.89 28.62 1,566
Annually 37211 59537 1,568
43 Hourly 19.70 31.53 1,570
Annually 40976 65579 1,572
44 Hourly 21.73 34.42 1,574
Annually 45198 71599 1,576
45 Hourly 24.01 37.60 1,578
Annually 49941 78198 1,580
46 Hourly 26.43 41.08 1,582
Annually 54974 85439 1,584
47 Hourly 29.14 44.83 1,586
Annually 60611 93237 1,588
48 Hourly 32.14 48.93 1,590
Annually 66851 101764 1,592
49 Hourly 35.44 52.83 1,594
Annually 73715 109884 1,596
41 HOURLY 16.23 31.21 1,600
ANNUALLY 33758 64917 1,602
42 HOURLY 17.89 34.48 1,604
ANNUALLY 37211 71718 1,606
43 HOURLY 19.70 37.97 1,608
ANNUALLY 40976 78978 1,610
44 HOURLY 21.73 41.47 1,612
ANNUALLY 45198 86258 1,614
45 HOURLY 24.01 45.28 1,616
ANNUALLY 49941 94182 1,618
30
46 HOURLY 26.43 49.48 1,620
ANNUALLY 54974 102918 1,622
47 HOURLY 29.14 54.00 1,624
ANNUALLY 60611 112320 1,626
48 HOURLY 32.14 58.93 1,628
ANNUALLY 66851 122574 1,630
49 HOURLY 35.44 63.63 1,632
ANNUALLY 73715 132350 1,634
(C) Beginning on the first day of the pay period that 1,637
includes July 1, 1999 2002, each exempt employee, other than an 1,639
exempt employee of the treasurer of state, shall be paid a salary 1,640
or wage in accordance with the following schedule of rates: 1,641
Schedule E-1 1,643
Pay Ranges and Step Values 1,644
Step Step Step Step Step Step STEP 1,648
Range 1 2 3 4 5 6 7 1,651
1 Hourly 9.15 9.55 9.95 10.35 1,655
Annually 19032 19864 20696 21528 1,657
2 Hourly 9.59 10.00 10.44 10.90 1,659
Annually 19947 20800 21715 22672 1,661
3 Hourly 10.05 10.50 10.96 11.45 1,663
Annually 20904 21840 22797 23816 1,665
4 Hourly 10.55 11.03 11.55 12.07 1,667
Annually 21944 22942 24024 25106 1,669
5 Hourly 11.08 11.58 12.07 12.60 1,671
Annually 23046 24086 25106 26208 1,673
6 Hourly 11.67 12.15 12.69 13.20 1,675
Annually 24274 25272 26395 27456 1,677
7 Hourly 12.39 12.86 13.38 13.84 14.38 1,680
Annually 25771 26749 27830 28787 29910 1,683
8 Hourly 13.11 13.68 14.28 14.90 15.54 1,686
Annually 27269 28454 29702 30992 32323 1,689
9 Hourly 13.98 14.70 15.43 16.19 17.02 1,692
Annually 29078 30576 32094 33675 35402 1,695
31
10 Hourly 15.09 15.90 16.77 17.72 18.67 1,698
Annually 31387 33072 34882 36858 38834 1,701
11 Hourly 16.42 17.38 18.39 19.42 20.52 1,704
Annually 34154 36150 38251 40394 42682 1,707
12 Hourly 18.12 19.13 20.16 21.27 22.46 23.69 1,711
Annually 37690 39790 41933 44242 46717 49275 1,715
13 Hourly 19.96 21.06 22.21 23.41 24.72 26.07 1,719
Annually 41517 43805 46197 48693 51418 54226 1,723
14 Hourly 21.96 23.19 24.45 25.79 27.24 28.75 1,727
Annually 45677 48235 50856 53643 56659 59800 1,731
15 Hourly 24.12 25.47 26.91 28.40 29.96 31.62 1,735
Annually 50170 52978 55973 59072 62317 65770 1,739
16 Hourly 26.59 28.07 29.62 31.27 33.00 34.87 1,743
Annually 55307 58386 61610 65042 68640 72530 1,747
17 Hourly 29.30 30.92 32.65 34.46 36.38 38.41 1,751
Annually 60944 64314 67912 71677 75670 79893 1,755
18 Hourly 32.29 34.08 35.99 37.98 40.08 42.32 1,759
Annually 67163 70886 74859 78998 83366 88026 1,763
1 HOURLY 8.78 9.16 9.56 9.97 1,767
ANNUALLY 18262 19053 19885 20738 1,769
2 HOURLY 10.64 11.09 11.58 12.08 1,771
ANNUALLY 22131 23067 24086 25126 1,773
3 HOURLY 11.14 11.65 12.16 12.69 1,775
ANNUALLY 23171 24232 25293 26395 1,777
4 HOURLY 11.70 12.23 12.81 13.38 1,779
ANNUALLY 24336 25438 26645 27830 1,781
5 HOURLY 12.28 12.84 13.38 13.97 1,783
ANNUALLY 25542 26707 27830 29058 1,785
6 HOURLY 12.94 13.47 14.07 14.64 1,787
ANNUALLY 26915 28018 29266 30451 1,789
7 HOURLY 13.74 14.26 14.83 15.35 15.94 1,792
ANNUALLY 28579 29661 30846 31928 33155 1,795
8 HOURLY 14.53 15.16 15.83 16.53 17.23 1,798
ANNUALLY 30222 31533 32926 34382 35838 1,801
32
9 HOURLY 15.50 16.30 17.11 17.95 18.87 1,804
ANNUALLY 32240 33904 35589 37336 39250 1,807
10 HOURLY 16.72 17.63 18.58 19.65 20.70 1,810
ANNUALLY 34778 36670 38646 40872 43056 1,813
11 HOURLY 18.20 19.27 20.38 21.53 22.76 1,816
ANNUALLY 37856 40082 42390 44782 47341 1,819
12 HOURLY 20.08 21.21 22.35 23.59 24.90 26.26 27.71 1,823
ANNUALLY 41766 44117 46488 49067 51792 54621 57637 1,827
13 HOURLY 22.13 23.35 24.63 25.95 27.40 28.90 30.49 1,831
ANNUALLY 46030 48568 51230 53976 56992 60112 63419 1,835
14 HOURLY 24.35 25.72 27.10 28.59 30.20 31.88 33.62 1,839
ANNUALLY 50648 53498 56368 59467 62816 66310 69930 1,843
15 HOURLY 26.74 28.24 29.84 31.48 33.22 35.06 36.98 1,847
ANNUALLY 55619 58739 62067 65478 69098 72925 76918 1,851
16 HOURLY 29.48 31.12 32.84 34.67 36.59 38.67 40.80 1,855
ANNUALLY 61318 64730 68307 72114 76107 80434 84864 1,859
17 HOURLY 32.49 34.28 36.20 38.20 40.33 42.58 44.93 1,863
ANNUALLY 67579 71302 75296 79456 83886 88566 93454 1,867
18 HOURLY 35.80 37.78 39.90 42.11 44.43 46.92 49.50 1,871
ANNUALLY 74464 78582 82992 87589 92414 97594 102960 1,875
Schedule E-2 1,878
Range Minimum Maximum 1,880
41 Hourly 16.23 26.68 1,884
Annually 33758 55494 1,886
42 Hourly 17.89 29.48 1,888
Annually 37211 61318 1,890
43 Hourly 19.70 32.47 1,892
Annually 40976 67538 1,894
44 Hourly 21.73 35.46 1,896
Annually 45198 73757 1,898
45 Hourly 24.01 38.72 1,900
Annually 49941 80538 1,902
46 Hourly 26.43 42.31 1,904
Annually 54974 88005 1,906
33
47 Hourly 29.14 46.17 1,908
Annually 60611 96034 1,910
48 Hourly 32.14 50.39 1,912
Annually 66851 104811 1,914
49 Hourly 35.44 54.41 1,916
Annually 73715 113173 1,918
41 HOURLY 16.23 32.46 1,922
ANNUALLY 33758 67517 1,924
42 HOURLY 17.89 35.86 1,926
ANNUALLY 37211 74589 1,928
43 HOURLY 19.70 39.49 1,930
ANNUALLY 40976 82139 1,932
44 HOURLY 21.73 43.13 1,934
ANNUALLY 45198 89710 1,936
45 HOURLY 24.01 47.09 1,938
ANNUALLY 49941 97947 1,940
46 HOURLY 26.43 51.46 1,942
ANNUALLY 54974 107037 1,944
47 HOURLY 29.14 56.16 1,946
ANNUALLY 60611 116813 1,948
48 HOURLY 32.14 61.29 1,950
ANNUALLY 66851 127483 1,952
49 HOURLY 35.44 66.18 1,954
ANNUALLY 73715 137654 1,956
(D) Beginning on the first day of the pay period that 1,959
includes July 1, 1998, each exempt employee of the office of the 1,960
treasurer of state shall be paid a salary or wage in accordance 1,961
with the following schedule of rates: 1,962
Schedule E-1 1,964
Pay Ranges and Step Values 1,966
Step Step Step Step Step Step 1,971
Range 1 2 3 4 5 6 1,974
1 Hourly 8.84 9.23 9.61 10.00 1,976
Annually 18387 19198 19989 20800 1,978
34
2 Hourly 9.27 9.67 10.09 10.53 1,980
Annually 19282 20114 20987 21902 1,982
3 Hourly 9.72 10.14 10.59 11.07 1,984
Annually 20218 21091 22027 23026 1,986
4 Hourly 10.19 10.66 11.15 11.66 1,988
Annually 21195 22173 23192 24253 1,990
5 Hourly 10.71 11.18 11.66 12.17 1,992
Annually 22277 23254 24253 25314 1,994
6 Hourly 11.28 11.75 12.26 12.76 1,996
Annually 23462 24440 25501 26541 1,998
7 Hourly 11.97 12.43 12.93 13.38 13.89 2,001
Annually 24898 25854 26894 27830 28891 2,004
8 Hourly 12.67 13.21 13.80 14.40 15.02 2,007
Annually 26354 27477 28704 29952 31242 2,010
9 Hourly 13.50 14.20 14.90 15.64 16.44 2,013
Annually 28080 29536 30992 32531 34195 2,016
10 Hourly 14.58 15.36 16.21 17.12 18.04 2,019
Annually 30326 31949 33717 35610 37523 2,022
11 Hourly 15.87 16.79 17.76 18.76 19.82 2,025
Annually 33010 34923 36941 39021 41226 2,028
12 Hourly 17.51 18.48 19.48 20.55 21.70 22.89 2,032
Annually 36421 38438 40518 42744 45136 47611 2,036
13 Hourly 19.29 20.35 21.45 22.62 23.88 25.18 2,040
Annually 40123 42328 44616 47050 49670 52374 2,044
14 Hourly 21.22 22.40 23.63 24.92 26.32 27.78 2,048
Annually 44138 46592 49150 51834 54746 57782 2,052
15 Hourly 23.31 24.61 26.00 27.44 28.95 30.56 2,056
Annually 48485 51189 54080 57075 60216 63565 2,060
16 Hourly 25.70 27.12 28.62 30.22 31.89 33.68 2,064
Annually 53456 56410 59530 62858 66331 70054 2,068
17 Hourly 28.31 29.88 31.55 33.30 35.15 37.11 2,072
Annually 58885 62150 65624 69264 73112 77189 2,076
18 Hourly 31.20 32.93 34.77 36.70 38.72 40.89 2,080
Annually 64896 68494 72322 76336 80538 85051 2,084
35
Schedule E-2 2,087
Range Minimum Maximum 2,089
41 Hourly 16.23 25.90 2,091
Annually 33758 53872 2,093
42 Hourly 17.89 28.62 2,095
Annually 37211 59537 2,097
43 Hourly 19.70 31.53 2,099
Annually 40976 65579 2,101
44 Hourly 21.73 34.42 2,103
Annually 45198 71599 2,105
45 Hourly 24.01 37.60 2,107
Annually 49941 78198 2,109
46 Hourly 26.43 41.08 2,111
Annually 54974 85439 2,113
47 Hourly 29.14 44.83 2,115
Annually 60611 93237 2,117
48 Hourly 32.14 48.93 2,119
Annually 66851 101764 2,121
49 Hourly 35.44 52.83 2,123
Annually 73715 109884 2,125
(E) Beginning on the first day of the pay period that 2,128
includes July 1, 1999, each exempt employee of the office of the 2,129
treasurer of state shall be paid a salary or wage in accordance 2,130
with the following schedule of rates: 2,131
Schedule E-1 2,133
Pay Ranges and Step Values 2,135
Step Step Step Step Step Step 2,140
Range 1 2 3 4 5 6 2,143
1 Hourly 9.11 9.51 9.90 10.30 2,145
Annually 18949 19781 20592 21424 2,147
2 Hourly 9.55 9.96 10.39 10.85 2,149
Annually 19864 20717 21611 22568 2,151
3 Hourly 10.01 10.44 10.91 11.40 2,153
Annually 20821 21715 22693 23712 2,155
36
4 Hourly 10.50 10.98 11.48 12.01 2,157
Annually 21840 22838 23878 24981 2,159
5 Hourly 11.03 11.52 12.01 12.54 2,161
Annually 22942 23962 24981 26083 2,163
6 Hourly 11.62 12.10 12.63 13.14 2,165
Annually 24170 25168 26270 27331 2,167
7 Hourly 12.33 12.80 13.32 13.78 14.31 2,170
Annually 25646 26624 27706 28662 29765 2,173
8 Hourly 13.05 13.61 14.21 14.83 15.47 2,176
Annually 27144 28309 29557 30846 32178 2,179
9 Hourly 13.91 14.63 15.35 16.11 16.93 2,182
Annually 28933 30430 31928 33509 35214 2,185
10 Hourly 15.02 15.82 16.70 17.63 18.58 2,188
Annually 31242 32906 34736 36670 38646 2,191
11 Hourly 16.35 17.29 18.29 19.32 20.41 2,194
Annually 34008 35963 38043 40186 42453 2,197
12 Hourly 18.04 19.03 20.06 21.17 22.35 23.58 2,201
Annually 37523 39582 41725 44034 46488 49046 2,205
13 Hourly 19.87 20.96 22.09 23.30 24.60 25.94 2,209
Annually 41330 43597 45947 48464 51168 53955 2,213
14 Hourly 21.86 23.07 24.34 25.67 27.11 28.61 2,217
Annually 45469 47986 50627 53394 56389 59509 2,221
15 Hourly 24.01 25.35 26.78 28.26 29.82 31.48 2,225
Annually 49941 52728 55702 58781 62026 65478 2,229
16 Hourly 26.47 27.93 29.48 31.13 32.85 34.69 2,233
Annually 55058 58094 61318 64750 68328 72155 2,237
17 Hourly 29.16 30.78 32.50 34.30 36.20 38.22 2,241
Annually 60653 64022 67600 71344 75296 79498 2,245
18 Hourly 32.14 33.92 35.81 37.80 39.88 42.12 2,249
Annually 66851 70554 74485 78624 82950 87610 2,253
Schedule E-2 2,256
Range Minimum Maximum 2,258
41 Hourly 16.23 26.68 2,260
Annually 33758 55494 2,262
37
42 Hourly 17.89 29.48 2,264
Annually 37211 61318 2,266
43 Hourly 19.70 32.47 2,268
Annually 40976 67538 2,270
44 Hourly 21.73 35.46 2,272
Annually 45198 73757 2,274
45 Hourly 24.01 38.72 2,276
Annually 49941 80538 2,278
46 Hourly 26.43 42.31 2,280
Annually 54974 88005 2,282
47 Hourly 29.14 46.17 2,284
Annually 60611 96034 2,286
48 Hourly 32.14 50.39 2,288
Annually 66851 104811 2,290
49 Hourly 35.44 54.41 2,292
Annually 73715 113173 2,294
(F)(D) As used in this section, "exempt employee" means a 2,297
permanent full-time or permanent part-time employee paid directly 2,298
by warrant of the auditor of state whose position is included in 2,299
the job classification plan established under division (A) of 2,300
section 124.14 of the Revised Code but who is not considered a 2,301
public employee for the purposes of Chapter 4117. of the Revised 2,302
Code. As used in this section, "exempt employee" also includes a 2,303
permanent full-time or permanent part-time employee of the 2,304
secretary of state, auditor of state, treasurer of state, or 2,305
attorney general who has not been placed in an appropriate 2,306
bargaining unit by the state employment relations board. 2,307
Sec. 124.18. (A) Forty hours shall be the standard work 2,317
week for all employees whose salary or wage is paid in whole or 2,318
in part by the state or by any state-supported college or 2,319
university. When any employee whose salary or wage is paid in 2,320
whole or in part by the state or by any state-supported college 2,321
or university is required by an authorized administrative 2,322
authority to be in an active pay status more than forty hours in 2,323
38
any calendar week, the employee shall be compensated for such 2,324
time over forty hours, except as otherwise provided in this 2,326
section, at one and one-half times the employee's regular rate of 2,327
pay. The use of sick leave shall not be considered to be active 2,328
pay status for the purposes of earning overtime or compensatory 2,329
time by employees whose wages are paid directly by warrant of the 2,330
auditor of state. A flexible-hours employee is not entitled to 2,331
compensation for overtime work unless the employee's authorized 2,332
administrative authority required the employee to be in active 2,334
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 2,336
in the same calendar week.
Such compensation for overtime work shall be paid no later 2,339
than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in 2,341
lieu of overtime pay for any overtime worked, such compensatory 2,342
time shall be granted by the employee's administrative superior, 2,344
on a time and one-half basis, at a time mutually convenient to 2,345
the employee and the administrative superior. An employee may 2,346
accrue compensatory time to a maximum of two hundred forty hours, 2,347
except that public safety employees and other employees who meet 2,348
the criteria established in the "Federal Fair Labor Standards Act 2,349
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 2,350
accrue a maximum of four hundred eighty hours of compensatory 2,351
time. An employee shall be paid at the employee's regular rate 2,353
of pay for any hours of compensatory time accrued in excess of 2,354
these maximum amounts if the employee has not used the 2,355
compensatory time within one hundred eighty days after it is 2,356
granted, if the employee transfers to another agency of the 2,357
state, or if a change in the employee's status exempts the 2,358
employee from the payment of overtime compensation. Upon the 2,360
termination of employment, any employee with accrued but unused 2,361
compensatory time shall be paid for that time at a rate that is 2,362
the greater of the employee's final regular rate of pay or the 2,363
39
employee's average regular rate of pay during the employee's last 2,364
three years of employment with the state. 2,365
No overtime, as described in this section, can be paid 2,367
unless it has been authorized by the authorized administrative 2,368
authority. Employees may be exempted from the payment of 2,369
compensation as required by this section only under the criteria 2,370
for exemption from the payment of overtime compensation 2,371
established in the "Federal Fair Labor Standards Act of 1938," 52 2,372
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 2,373
of the director of administrative services, the appointing 2,374
authority may establish a policy to grant compensatory time or to 2,375
pay compensation to state employees who are exempt from overtime 2,376
compensation. With the approval of the board of county 2,377
commissioners, a county human services department may establish a 2,378
policy to grant compensatory time or to pay compensation to 2,379
employees of the department who are exempt from overtime 2,380
compensation.
(B) An employee, whose salary or wage is paid in whole or 2,382
in part by the state, shall be paid for the holidays declared in 2,383
section 124.19 of the Revised Code and shall not be required to 2,384
work on such THOSE holidays, unless, in the opinion of the 2,386
employee's responsible administrative authority, failure to work 2,387
on such THOSE holidays would impair the public service. AN 2,389
EMPLOYEE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE WHO IS 2,390
SCHEDULED TO WORK ON A HOLIDAY AND WHO DOES NOT REPORT TO WORK 2,391
DUE TO AN ILLNESS OF THE EMPLOYEE OR OF A MEMBER OF THE 2,392
EMPLOYEE'S IMMEDIATE FAMILY SHALL NOT RECEIVE HOLIDAY PAY AS
PROVIDED BY THIS DIVISION. An employee ALSO shall not be paid 2,393
for a holiday unless the employee was in active pay status on the 2,394
scheduled work day immediately preceding the holiday. In the 2,396
event that
IF any of the holidays declared in section 124.19 of the 2,399
Revised Code should fall FALLS on Saturday, the Friday 2,400
immediately preceding shall be observed as the holiday. In the 2,402
40
event that IF any of the holidays declared in section 124.19 of 2,403
the Revised Code should fall FALLS on Sunday, the Monday 2,404
immediately succeeding shall be observed as the holiday. If 2,405
EMPLOYEES WHOSE WORK SCHEDULES ARE BASED ON THE REQUIREMENTS OF A 2,406
SEVEN-DAYS-A-WEEK WORK OPERATION SHALL OBSERVE HOLIDAYS ON THE 2,407
ACTUAL DAYS SPECIFIED IN SECTION 124.19 OF THE REVISED CODE.
IF an employee's work schedule is other than Monday through 2,411
Friday, the employee shall be entitled to holiday pay for 2,413
holidays observed on the employee's day off regardless of the day 2,414
of the week on which they are observed. A full-time permanent 2,415
employee is entitled to eight hours of pay for each holiday 2,416
regardless of the employee's work shift and work schedule. A 2,417
flexible-hours employee is entitled to holiday pay for the number 2,419
of hours for which the employee normally would have been 2,420
scheduled to work. Part-time permanent employees shall be paid 2,421
holiday pay for that portion of any holiday for which they would 2,422
normally have been scheduled to work. When an employee who is 2,423
eligible for overtime pay under this section is required by the 2,424
employee's responsible administrative authority to work on the 2,426
day observed as a holiday, the employee shall be entitled to pay 2,428
for such time worked at one and one-half times the employee's 2,429
regular rate of pay in addition to the employee's regular pay, or 2,430
to be granted compensatory time off at time and one-half 2,431
thereafter, at the employee's option. Payment at such rate shall 2,432
be excluded in the calculation of hours in active pay status. 2,433
(C) Each appointing authority may designate the number of 2,435
employees in an agency who are flexible-hours employees. The 2,436
appointing authority may establish for each flexible-hours 2,437
employee a specified minimum number of hours to be worked each 2,438
day that is consistent with the "Federal Fair Labor Standards Act 2,439
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 2,440
(D) This section shall be uniformly administered for 2,442
employees as defined in section 124.01 of the Revised Code and by 2,443
the personnel departments of state-supported colleges and 2,444
41
universities for employees of state-supported colleges and 2,445
universities. If employees are not paid directly by warrant of 2,446
the auditor of state, the political subdivision shall determine 2,448
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 2,449
compensatory time. 2,450
(E) Policies relating to the payment of overtime pay or 2,452
the granting of compensatory time off shall be adopted by the 2,453
chief administrative officer of the house of representatives for 2,454
employees of the house of representatives, by the clerk of the 2,455
senate for employees of the senate, and by the director of the 2,456
legislative service commission for all other legislative 2,457
employees.
(F) As used in this section, "regular rate of pay" means 2,459
the base rate of pay an employee receives plus any pay 2,460
supplements received pursuant to section 124.181 of the Revised 2,461
Code.
Sec. 124.182. (A) THERE IS HEREBY CREATED IN THE STATE 2,463
TREASURY THE PROFESSIONAL DEVELOPMENT FUND. THE DIRECTOR OF 2,465
ADMINISTRATIVE SERVICES SHALL USE MONEYS CREDITED TO THE FUND TO 2,466
PAY FOR PROGRAMS THAT PROVIDE PROFESSIONAL DEVELOPMENT 2,467
OPPORTUNITIES FOR EMPLOYEES WHO ARE EXEMPT FROM COLLECTIVE
BARGAINING COVERAGE AND PAID BY WARRANT OF THE AUDITOR OF STATE. 2,468
THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL IDENTIFY BY RULE 2,469
ADOPTED UNDER CHAPTER 119. OF THE REVISED CODE PROGRAMS FOR WHICH 2,470
PAYMENTS FROM THE FUND SHALL BE MADE. THE FUND ALSO SHALL BE 2,471
USED TO PAY ANY DIRECT AND INDIRECT COSTS THAT ARE ATTRIBUTABLE 2,472
TO CONSULTANTS OR A THIRD-PARTY ADMINISTRATOR AND THAT ARE
NECESSARY TO ADMINISTER THIS SECTION. ALL INVESTMENT EARNINGS OF 2,473
THE FUND SHALL BE CREDITED TO IT. 2,474
(B) THE DIRECTOR OF ADMINISTRATIVE SERVICES, IN 2,476
CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, SHALL 2,477
DETERMINE A RATE AT WHICH THE PAYROLLS OF ALL PARTICIPATING STATE 2,478
AGENCIES WITH EMPLOYEES PAID BY WARRANT OF THE AUDITOR OF STATE 2,479
42
SHALL BE CHARGED EACH PAY PERIOD THAT IS SUFFICIENT TO COVER THE 2,480
COSTS OF ADMINISTERING THE PROGRAMS PAID FOR WITH THE MONEYS
CREDITED TO THE PROFESSIONAL DEVELOPMENT FUND. THE RATE SHALL BE 2,481
BASED ON THE TOTAL NUMBER OF THOSE EMPLOYEES AND MAY BE ADJUSTED 2,482
AS THE DIRECTOR OF ADMINISTRATIVE SERVICES, IN CONSULTATION WITH 2,483
THE DIRECTOR OF BUDGET AND MANAGEMENT, CONSIDERS NECESSARY. ALL 2,484
MONEYS COLLECTED FROM THE CHARGE SHALL BE CREDITED TO THE 2,485
PROFESSIONAL DEVELOPMENT FUND.
(C) IF THE DIRECTOR OF ADMINISTRATIVE SERVICES DETERMINES 2,487
THAT ADDITIONAL APPROPRIATION AMOUNTS ARE NECESSARY, THE DIRECTOR 2,488
MAY REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT INCREASE 2,489
THE APPROPRIATION AMOUNTS. THE ADDITIONAL APPROPRIATION AMOUNTS 2,490
ARE HEREBY APPROPRIATED.
Sec. 124.27. (A) The head of a department, office, or 2,499
institution, in which a position in the classified service is to 2,500
be filled, shall notify the director of administrative services 2,501
of the fact, and the director shall, except as otherwise provided 2,502
in this section and sections 124.30 and 124.31 of the Revised 2,503
Code, certify to the appointing authority the names and addresses 2,504
of the ten candidates standing highest on the eligible list for 2,506
the class or grade to which the position belongs; provided that 2,507
the director may certify less than ten names if ten names are not 2,508
available. When less than ten names are certified to an 2,509
appointing authority, appointment from that list shall not be 2,510
mandatory. When a position in the classified service in the 2,511
department of mental health or the department of mental 2,512
retardation and developmental disabilities is to be filled, the 2,513
director of administrative services shall make such certification 2,514
to the appointing authority within seven working days of the date 2,515
the eligible list is requested. 2,516
(B) The appointing authority shall notify the director of 2,518
such position to be filled, and the appointing authority shall 2,519
fill such position by appointment of one of the ten persons 2,520
certified by the director. If more than one position is to be 2,521
43
filled, the director of administrative services may certify a 2,522
group of names from the eligible list and the appointing 2,523
authority shall appoint in the following manner: Beginning at 2,524
the top of the list, each time a selection is made it must be 2,525
from one of the first ten candidates remaining on the list who is 2,526
willing to accept consideration for the position. If an eligible 2,527
list becomes exhausted, and until a new list can be created, or 2,528
when no eligible list for such position exists, names may be 2,529
certified from eligible lists most appropriate for the group or 2,530
class in which the position to be filled is classified. A person 2,531
certified from an eligible list more than three times to the same 2,532
appointing authority for the same or similar positions, may be 2,533
omitted from future certification to such appointing authority, 2,534
provided that certification for a temporary appointment shall not 2,535
be counted as one of such certifications. Every soldier, sailor, 2,536
marine, coast guardsman GUARDER, member of the auxiliary corps as 2,538
established by congress, member of the army nurse corps, or navy 2,539
nurse corps, or red cross nurse who has served in the army, navy, 2,540
or hospital service of the United States, and such other military 2,541
service as is designated by congress in the war with Spain, 2,542
including the Philippine insurrection and the Chinese relief 2,543
expedition, or from April 21, 1898, to July 4, 1902, World War I, 2,544
World War II, or during the period beginning May 1, 1949, and 2,545
lasting so long as the armed forces of the United States are 2,546
engaged in armed conflict or occupation duty, or the selective 2,547
service or similar conscriptive acts are in effect in the United 2,548
States, whichever is the later date, who has been honorably 2,549
discharged or separated under honorable conditions therefrom, and 2,550
WHO is a resident of Ohio THIS STATE, and whose name is on the 2,552
eligible list for a position, shall be entitled to preference in 2,554
original appointments to any such competitive position in the 2,555
civil service of the state and the civil divisions thereof, over 2,556
all persons eligible for such appointments and standing on the 2,557
list therefor, with a rating equal to that of each such person. 2,558
44
Appointments to all positions in the classified service, that are 2,559
not filled by promotion, transfer, or reduction, as provided in 2,560
sections 124.01 to 124.64 of the Revised Code, and the rules of 2,561
the director prescribed under such THOSE sections, shall be made 2,562
only from those persons whose names are certified to the 2,564
appointing authority, and no employment, except as provided in 2,565
such THOSE sections, shall be otherwise given in the classified 2,566
service of this state or any political subdivision thereof OF THE 2,567
STATE.
(C) All original and promotional appointments, including 2,569
provisional appointments made pursuant to section 124.30 of the 2,570
Revised Code, shall be for a probationary period, not less than 2,571
sixty days nor more than one year, to be fixed by the rules of 2,572
the director, except as provided in section 124.231 of the 2,573
Revised Code, or except original appointments to a police 2,574
department as a police officer, or to a fire department as a 2,577
firefighter which shall be for a probationary period of one year, 2,578
and no appointment or promotion is final until the appointee has 2,580
satisfactorily served the probationary period. Service as a
provisional employee in the same or similar class shall be 2,581
included in the probationary period. If the service of the 2,582
probationary employee is unsatisfactory, the employee may be 2,583
removed or reduced at any time during the probationary period. 2,584
If the appointing authority's decision is to remove the 2,587
appointee, the appointing authority's communication to the 2,588
director shall indicate the reason for such THAT decision. Any A 2,589
PROBATIONARY EMPLOYEE DULY REMOVED OR REDUCED IN POSITION FOR 2,590
UNSATISFACTORY SERVICE DOES NOT HAVE THE RIGHT TO APPEAL THE 2,591
REMOVAL OR REDUCTION UNDER SECTION 124.34 OF THE REVISED CODE. 2,592
ANY person appointed to a position in the classified 2,595
service under sections 124.01 to 124.64 of the Revised Code, 2,596
except temporary and exceptional appointments, shall be or become 2,597
forthwith a resident of the state. 2,598
Sec. 124.34. (A) The tenure of every officer or employee 2,607
45
in the classified service of the state and the counties, civil 2,608
service townships, cities, city health districts, general health 2,609
districts, and city school districts of the state, holding a 2,610
position under this chapter, shall be during good behavior and 2,612
efficient service. No such officer or employee shall be reduced 2,613
in pay or position, fined in excess of five days' pay, suspended, 2,615
or removed, except as provided in section 124.32 of the Revised 2,616
Code, and for incompetency, inefficiency, dishonesty, 2,617
drunkenness, immoral conduct, insubordination, discourteous 2,618
treatment of the public, neglect of duty, violation of this 2,619
chapter or the rules of the director of administrative services 2,620
or the commission, any other failure of good behavior, any other 2,621
acts of misfeasance, malfeasance, or nonfeasance in office, or 2,622
conviction of a felony. An appointing authority may require an 2,624
employee who is suspended to report to work to serve the 2,625
suspension. An employee serving a suspension in this manner 2,626
shall continue to be compensated at the employee's regular rate 2,627
of pay for hours worked. Such disciplinary action shall be 2,628
recorded in the employee's personnel file in the same manner as 2,629
other disciplinary actions and has the same effect as a 2,630
suspension without pay for the purpose of recording disciplinary 2,631
actions.
A finding by the appropriate ethics commission, based upon 2,634
a preponderance of the evidence, that the facts alleged in a
complaint under section 102.06 of the Revised Code constitute a 2,636
violation of Chapter 102., section 2921.42, or section 2921.43 of 2,637
the Revised Code may constitute grounds for dismissal. Failure 2,638
to file a statement or falsely filing a statement required by 2,639
section 102.02 of the Revised Code may also constitute grounds 2,640
for dismissal. The tenure of an employee in the career 2,641
professional service of the department of transportation is 2,642
subject to section 5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in 2,644
pay or position, suspending, or removing an officer or employee, 2,645
46
even if the officer or employee has already been reduced in pay 2,646
or position, suspended, or removed for the same conduct that is 2,647
the basis of the felony. An officer or employee may not appeal 2,648
to the state personnel board of review or the commission any 2,649
disciplinary action taken by an appointing authority as a result 2,650
of the officer's or employee's conviction of a felony. If an 2,651
officer or employee removed under this section is reinstated as a 2,652
result of an appeal of the removal, any conviction of a felony
that occurs during the pendency of the appeal is a basis for 2,653
further disciplinary action under this section upon the officer's 2,654
or employee's reinstatement. 2,655
A person convicted of a felony immediately forfeits the 2,657
person's status as a classified employee in any public employment 2,659
on and after the date of conviction for the felony. If an 2,660
officer or employee is removed under this section as a result of 2,661
being convicted of a felony or is subsequently convicted of a
felony that involves the same conduct that was the basis for the 2,662
removal, the officer or employee is barred from receiving any 2,664
compensation after the removal notwithstanding any modification 2,665
or disaffirmance of the removal, unless the conviction for the 2,666
felony is subsequently reversed or annulled. 2,667
Any person removed for conviction of a felony is entitled 2,669
to a cash payment for any accrued but unused sick, personal, and 2,670
vacation leave as authorized by law. If subsequently reemployed 2,671
in the public sector, such person shall qualify for and accrue 2,672
these forms of leave in the manner specified by law for a newly 2,673
appointed employee and shall not be credited with prior public
service for the purpose of receiving these forms of leave. 2,674
As used in this division, "felony" means any of the 2,676
following:
(1) A felony that is an offense of violence as defined in 2,678
section 2901.01 of the Revised Code; 2,679
(2) A felony that is a felony drug abuse offense as 2,681
defined in section 2925.01 of the Revised Code; 2,682
47
(3) A felony under the laws of this or any other state or 2,684
the United States that is a crime of moral turpitude; 2,685
(4) A felony involving dishonesty, fraud, or theft; 2,687
(5) A felony that is a violation of section 2921.05, 2,689
2921.32, or 2921.42 of the Revised Code. 2,690
(B) In any case of a reduction, suspension of more than 2,692
three working days, or fine in excess of three days' pay, or a 2,693
removal, EXCEPT FOR THE REDUCTION OR REMOVAL OF A PROBATIONARY 2,694
EMPLOYEE, the appointing authority shall serve the employee with 2,697
a copy of the order of reduction, fine, suspension, or removal, 2,698
which order shall state the reasons therefor FOR THE ACTION. 2,699
Such THE order shall be filed with the director of administrative 2,700
services and state personnel board of review, or the commission, 2,701
as may be appropriate. 2,702
Within ten days following the date on which such THE order 2,704
is served or, in the case of an employee in the career 2,705
professional service of the department of transportation, within 2,706
ten days following the filing of a removal order, the employee, 2,707
except as otherwise provided in this section, may file an appeal 2,709
OF THE ORDER in writing with the state personnel board of review 2,711
or the commission. For purposes of this section, the date on 2,712
which an order is served is the date of hand delivery of the 2,713
order or the date of delivery of the order by certified United 2,714
States mail, whichever occurs first. If such an appeal is filed, 2,716
the board or commission shall forthwith notify the appointing
authority and shall hear, or appoint a trial board to hear, such 2,717
THE appeal within thirty days from and after its filing with the 2,719
board or commission, and it may affirm, disaffirm, or modify the 2,720
judgment of the appointing authority.
In cases of removal or reduction in pay for disciplinary 2,722
reasons, either the appointing authority or the officer or 2,723
employee may appeal from the decision of the state personnel 2,724
board of review or the commission to the court of common pleas of 2,725
the county in which the employee resides in accordance with the 2,726
48
procedure provided by section 119.12 of the Revised Code. 2,727
(C) In the case of the suspension for any period of time, 2,729
or a fine, demotion, or removal of a chief of police or a chief 2,730
of a fire department or any member of the police or fire 2,731
department of a city or civil service township, the appointing 2,732
authority shall furnish such chief or member of a department with 2,733
a copy of the order of suspension, FINE, demotion, or removal, 2,734
which order shall state the reasons therefor FOR THE ACTION. 2,736
Such THE order shall be filed with the municipal or civil service 2,738
township civil service commission. Within ten days following the 2,739
filing of such THE order, such chief or member of a department 2,741
may file an appeal, in writing, with the municipal or civil 2,742
service township civil service commission. If such an appeal is 2,743
filed, the commission shall forthwith notify the appointing 2,744
authority and shall hear, or appoint a trial board to hear, such 2,745
THE appeal within thirty days from and after its filing with the 2,746
commission, and it may affirm, disaffirm, or modify the judgment 2,747
of the appointing authority. An appeal on questions of law and 2,748
fact may be had from the decision of the municipal or civil 2,749
service township civil service commission to the court of common 2,750
pleas in the county in which such city or civil service township 2,751
is situated. Such appeal shall be taken within thirty days from 2,752
the finding of the commission. 2,753
(D) A violation of division (A)(7) of section 2907.03 of 2,755
the Revised Code is grounds for termination of employment of a 2,756
nonteaching employee under this section. 2,757
Sec. 124.381. Each employee of the department of 2,766
rehabilitation and correction, the department of mental health, 2,767
the department of mental retardation and developmental 2,768
disabilities, the Ohio veteran's home, OR THE OHIO schools for 2,769
the deaf and blind, and each employee of the department of youth 2,772
services as established in division (A) of section 124.14 of the 2,773
Revised Code who suffers bodily injury inflicted by an inmate, 2,774
patient, client, youth, or student in the facilities of these 2,775
49
agencies during such THE time as the employee is lawfully 2,777
carrying out the assigned duties of the employee EMPLOYEE'S 2,778
position, shall be paid the employee's regular TOTAL rate of pay 2,780
during the period the employee is disabled as a result of such 2,781
THAT injury, but in no case to exceed one hundred twenty work 2,783
days, in lieu of workers' compensation. Pay made according to 2,784
this section shall not be charged to the employee's accumulation 2,785
of sick leave credit.
The director of administrative services shall adopt rules 2,787
for the administration of the occupational injury leave program. 2,788
The rules shall include, but not be limited to, provisions for 2,789
determining a disability, for filing a claim for leave under this 2,790
section, and for allowing or denying claims for such THE leave. 2,791
During such THE time as an employee is receiving injury 2,793
compensation as provided in this section, the employee shall be 2,795
exempt from the accumulation of sick leave credit and vacation 2,796
leave credit under sections 124.13 and 124.38 SECTION 124.134 of 2,797
the Revised Code BUT SHALL CONTINUE TO RECEIVE SICK LEAVE CREDIT 2,798
AND PERSONAL LEAVE CREDIT UNDER SECTIONS 124.382 AND 124.386 OF 2,799
THE REVISED CODE.
In any case when an employee's disability, as covered by 2,801
this section, extends beyond one hundred twenty work days, the 2,802
employee shall immediately become subject to section 124.38 2,803
SECTIONS 124.382 AND 124.385 of the Revised Code regarding sick 2,805
leave AND DISABILITY LEAVE BENEFITS.
An appointing authority may apply to the director of 2,807
administrative services to grant injury leave in accordance with 2,808
this section to law enforcement personnel employed by the agency. 2,809
Sec. 124.384. (A) Except as otherwise provided in this 2,818
section, employees whose salaries or wages are paid by warrant of 2,819
the auditor of state and who have accumulated sick leave under 2,820
section 124.38 or 124.382 of the Revised Code shall be paid for a 2,821
percentage of their accumulated balances, upon separation for any 2,822
reason, including retirement or death BUT EXCLUDING RETIREMENT, 2,823
50
at their last base rate of pay at the rate of one hour of pay for 2,825
every two hours of accumulated balances. An AN EMPLOYEE WHO 2,826
RETIRES IN ACCORDANCE WITH ANY RETIREMENT PLAN OFFERED BY THE 2,827
STATE SHALL BE PAID UPON RETIREMENT FOR EACH HOUR OF THE 2,828
EMPLOYEE'S ACCUMULATED SICK LEAVE BALANCE AT A RATE OF FIFTY-FIVE
PER CENT OF THE EMPLOYEE'S LAST BASE RATE OF PAY. 2,829
AN employee serving in a temporary work level or an interim 2,831
appointment who elects to convert unused sick leave to cash shall 2,832
do so at the base rate of pay of the employee's normal 2,833
classification. If an employee dies, the employee's unused sick 2,834
leave shall be paid in accordance with section 2113.04 of the 2,835
Revised Code or to the employee's estate. 2,836
In order to be eligible for the payment authorized by this 2,838
section, an employee shall have at least one year of state 2,839
service and shall request all or a portion of such payment no 2,841
later than three years after separation from state service. No 2,842
person is eligible to receive all or a portion of the payment 2,843
authorized by this section at any time later than three years 2,844
after the person's separation from state service.
(B) Except as otherwise provided in this paragraph 2,846
DIVISION, a person initially employed on or after July 5, 1987, 2,848
by a state agency in which the employees' salaries or wages are 2,849
paid directly by warrant of the auditor of state shall receive 2,850
payment under this section only for sick leave accumulated while 2,851
employed by state agencies in which the employees' salaries or 2,852
wages are paid directly by warrant of the auditor of state. A 2,853
person initially employed on or after July 5, 1987, by the state 2,854
department of education as an unclassified employee shall receive 2,855
payment under this section only for sick leave accumulated while 2,856
employed by state agencies in which the employees' salaries or 2,857
wages are paid directly by warrant of the auditor of state and 2,858
for sick leave placed to the employee's credit under division 2,859
(E)(2) of section 124.382 of the Revised Code. 2,860
(C) For employees paid in accordance with section 124.152 2,862
51
of the Revised Code and those employees listed in divisions 2,863
(B)(2) and (4) of section 124.14 of the Revised Code, the 2,864
director of administrative services, with the approval of the 2,865
director of the office of budget and management, may establish a 2,866
plan for early payment of accrued sick leave and vacation leave. 2,867
Sec. 124.385. (A) An employee is eligible for disability 2,876
leave benefits under this section if the employee has completed 2,878
one year of continuous state service immediately prior to the
date of the disability and if either ANY of the following 2,880
applies:
(1) The employee is a full-time permanent employee and is 2,882
eligible for sick leave credit pursuant to division (B) of 2,883
section 124.382 of the Revised Code, or is a full-time permanent 2,884
employee and is listed in division (B)(2) or (4) of section 2,885
124.14 of the Revised Code.
(2) THE EMPLOYEE IS A PART-TIME PERMANENT EMPLOYEE WHO HAS 2,887
WORKED AT LEAST FIFTEEN HUNDRED HOURS WITHIN THE TWELVE-MONTH 2,888
PERIOD IMMEDIATELY PRECEDING THE DATE OF DISABILITY AND IS 2,889
ELIGIBLE FOR SICK LEAVE CREDIT UNDER DIVISION (B) OF SECTION 2,890
124.382 OF THE REVISED CODE.
(3) The employee is a full-time permanent OR PART-TIME 2,892
PERMANENT employee, is on disability leave or leave of absence 2,894
for medical reasons, and would be eligible for sick leave credit 2,895
pursuant to division (B) of section 124.382 of the Revised Code 2,896
except that the employee is in no pay status DUE TO THE 2,898
EMPLOYEE'S MEDICAL CONDITION.
(B) The director of administrative services, by rule 2,900
adopted in accordance with Chapter 119. of the Revised Code, 2,901
shall establish a disability leave program. The rule shall 2,902
include, but shall not be limited to, THE FOLLOWING: 2,903
(1) Procedures to be followed for determining disability; 2,905
(2) Provisions for the allowance of disability leave due 2,907
to illness or injury; 2,908
(3) Provisions for the continuation of service credit for 2,910
52
employees granted disability leave, including service credit 2,911
towards retirement, as provided by the applicable statute; 2,912
(4) The establishment of a minimum level of benefit and of 2,914
a waiting period before benefits begin; 2,915
(5) Provisions setting a maximum length of benefit and 2,918
requiring that employees eligible to apply for disability 2,919
retirement shall do so prior to completing the first six months 2,920
of their period of disability. The director's rules shall 2,921
indicate those employees required to apply for disability 2,922
retirement. If an employee is approved to receive disability 2,923
retirement, the employee shall receive the retirement benefit and 2,924
a supplement payment that equals a percentage of the employee's 2,925
base rate of pay and that, when added to the retirement benefit, 2,926
equals no more than the percentage of pay received by employees 2,928
after the first six months of disability. Such supplemental 2,929
payment shall not be considered earnable salary, compensation, or 2,930
salary, and is not subject to contributions, under Chapter 145., 2,931
742., 3307., 3309., or 5505. of the Revised Code. 2,932
(6) Provisions that allow employees to utilize available 2,934
sick leave, personal leave, or vacation leave balances to 2,935
supplement the benefits payable under this section. Such 2,936
balances used to supplement the benefits, plus any amount 2,937
contributed by the state as provided in division (D) of this 2,938
section, shall be paid at the employee's base rate of pay in an 2,939
amount sufficient to give employees up to one hundred per cent of 2,940
pay for time on disability. 2,941
(7) Procedures for appealing denial of payment of a claim, 2,943
including THE FOLLOWING: 2,944
(a) A maximum of thirty days to file an appeal by the 2,946
employee; 2,947
(b) A maximum of fifteen days for the parties to select a 2,949
third-party opinion pursuant to division (F) of this section, 2,950
unless an extension is agreed to by the parties; 2,951
(c) A maximum of thirty days for the third party to render 2,953
53
an opinion. 2,954
(8) Provisions for approving leave of absence for medical 2,956
reasons where an employee is in no pay status because the 2,957
employee has used all the employee's sick leave, personal leave, 2,959
vacation leave, and compensatory time; 2,960
(9) Provisions for precluding the payment of benefits if 2,962
the injury for which the benefits are sought is covered by a 2,963
workers' compensation plan; 2,964
(10) Provisions for precluding the payment of benefits in 2,966
order to ensure that benefits are provided in a consistent 2,967
manner. 2,968
(C) Except as provided in division (B)(6) of this section, 2,970
time off for an employee granted disability leave is not 2,971
chargeable to any other leave granted by other sections of the 2,972
Revised Code. 2,973
(D) While an employee is on an approved disability leave, 2,975
the employer's and employee's share of health, life, and other 2,977
insurance benefits shall be paid by the state, and the retirement 2,978
contribution shall be paid as follows: 2,979
(1) The employer's share shall be paid by the state;. 2,981
(2) For the first three months, the employee's share shall 2,983
be paid by the employee;. 2,984
(3) After the first three months, the employee's share 2,986
shall be paid by the state. 2,987
(E) The approval for disability leave shall be made by the 2,989
director, upon recommendation by the appointing authority. 2,990
(F) If a request for disability leave is denied based on a 2,992
medical determination, the director shall obtain a medical 2,993
opinion from a third party. The decision of the third party is 2,994
binding. 2,995
(G) The rule adopted by the director under division (B) of 2,997
this section shall not deny disability leave benefits for an 2,998
illness or injury to an employee who is a veteran of the United 2,999
States armed forces because the employee contracted the illness 3,000
54
or received the injury in the course of or as a result of 3,001
military service and the illness or injury is or may be covered 3,002
by a compensation plan administered by the United States 3,003
department of veterans affairs. 3,004
Sec. 124.386. (A) Each full-time permanent employee paid 3,013
in accordance with section 124.152 of the Revised Code and those 3,014
FULL-TIME PERMANENT employees listed in divisions (B)(2) and (4) 3,015
of section 124.14 of the Revised Code shall be credited with 3,017
thirty-two hours of personal leave each year. EACH PART-TIME 3,018
PERMANENT EMPLOYEE PAID IN ACCORDANCE WITH SECTION 124.152 OF THE 3,019
REVISED CODE, AND THOSE PART-TIME PERMANENT EMPLOYEES LISTED IN 3,020
DIVISIONS (B)(2) AND (4) OF SECTION 124.14 OF THE REVISED CODE,
SHALL RECEIVE A PRO-RATED PERSONAL LEAVE CREDIT AS DETERMINED BY 3,021
RULE OF THE DIRECTOR OF ADMINISTRATIVE SERVICES. Such credit 3,022
shall be made to each eligible employee in the first pay the 3,025
employee receives in December. Employees, upon giving reasonable 3,026
notice to the responsible administrative officer of the 3,027
appointing authority, may use personal leave for absence due to 3,028
mandatory court appearances, legal or business matters, family 3,029
emergencies, unusual family obligations, medical appointments, 3,030
weddings, religious holidays NOT LISTED IN SECTION 124.19 OF THE 3,031
REVISED CODE, or any other matter of a personal nature. PERSONAL 3,032
LEAVE MAY NOT BE USED ON A HOLIDAY WHEN AN EMPLOYEE IS SCHEDULED 3,034
TO WORK.
(B) When personal leave is used, it shall be deducted from 3,036
the unused balance of the employee's personal leave on the basis 3,037
of absence in such increments of an hour as the director of 3,038
administrative services determines. Compensation for such leave 3,039
shall be equal to the employee's base rate of pay. 3,040
(C) A newly appointed full-time permanent employee or a 3,042
nonfull-time employee who receives a full-time permanent 3,043
appointment shall be credited with personal leave of thirty-two 3,044
hours, less one and two-tenths hours for each pay period that has 3,045
elapsed following the base pay period until the first day of the 3,046
55
pay period during which the appointment was effective. 3,047
(D) The director of administrative services shall allow 3,049
employees to elect one of the following options with respect to 3,050
the unused balance of personal leave: 3,051
(1) Carry forward the balance. The maximum credit that 3,053
shall be available to an employee at any one time is forty hours. 3,054
(2) Convert the balance to accumulated sick leave, to be 3,056
used in the manner provided by section 124.382 of the Revised 3,057
Code; 3,058
(3) Receive a cash benefit. The cash benefit shall equal 3,060
one hour of the employee's base rate of pay for every hour of 3,061
unused credit that is converted. An employee serving in a 3,062
temporary work level or an interim appointment who elects to 3,063
convert unused personal leave to cash shall do so at the base 3,065
rate of pay of the employee's normal classification. Such cash 3,066
benefit shall not be subject to contributions to any of the 3,067
retirement systems, either by the employee or the employer. 3,068
(E) A full-time permanent employee who separates from 3,070
state service or becomes ineligible to be credited with leave 3,071
under this section shall receive a reduction of personal leave 3,072
credit of one and two-tenths hours for each pay period that 3,073
remains beginning with the first pay period following the date of 3,074
separation or the effective date of the employee's ineligibility 3,075
until the pay period preceding the next base pay period. After 3,077
calculation of the reduction of an employee's personal leave
credit, the employee is entitled to compensation for any 3,078
remaining personal leave credit at the employee's current base 3,079
rate of pay. If the reduction results in a number of hours less 3,081
than zero, the cash equivalent value of such number of hours 3,082
shall be deducted from any compensation that remains payable to 3,083
the employee, or from the cash conversion value of any vacation 3,084
or sick leave that remains credited to the employee. An employee 3,085
serving in a temporary work level or an interim appointment who 3,086
is eligible to receive compensation under this section shall be 3,087
56
compensated at the base rate of pay of the employee's normal 3,088
classification.
(F) An employee who transfers from one public agency to 3,090
another public agency in which the employee is eligible for the 3,091
credit provided under this section shall be credited with the 3,092
unused balance of personal leave. 3,093
(G) The director of administrative services shall 3,095
establish procedures to uniformly administer this section. No 3,096
personal leave may be granted to a state employee upon or after 3,097
retirement or termination of employment. 3,098
Sec. 126.11. (A)(1) The director of budget and management 3,107
SHALL, in UPON consultation with the treasurer of state, shall 3,109
provide assistance in coordinating COORDINATE AND APPROVE the 3,110
scheduling of initial sales of publicly offered securities of the 3,112
state issued pursuant to Chapter 122., 129., 152., 154., 164., 3,114
166., 1555., 1557., 3318., 3366., 3737., 4981., 5528., 5537., 3,115
6121., or 6123. of the Revised Code, and the scheduling of 3,116
initial sales of publicly offered fractionalized interests in OR 3,117
SECURITIZED ISSUES OF public obligations of the state. The state 3,119
issuers of or obligors on those obligations shall submit to the 3,120
director projections of the approximate sale dates and amounts 3,121
and types of those obligations proposed to be sold, and the 3,122
director shall FROM TIME TO TIME develop and distribute to those 3,123
STATE issuers and state obligors a projected coordinated AN 3,124
APPROVED sale schedule based on those projections. After each 3,126
sale of such obligations issued or entered into, the issuer or 3,127
state obligor shall provide to the director the maturity
schedule, interest rates, names of the original purchasers or 3,129
underwriter, name of the trustee, and any other information 3,130
pertinent to the issuance of such obligations that the director 3,131
prescribes FOR EACH OF THE OBLIGATIONS COVERED BY THIS DIVISION. 3,132
This division does not apply APPLIES ONLY to any securities or 3,133
public THOSE obligations on which the state or a state agency is 3,135
not the direct obligor or OBLIGOR ON ANY BACKUP SECURITY OR 3,136
57
RELATED CREDIT ENHANCEMENT FACILITY OR source of money for
payment SUBJECT TO STATE APPROPRIATIONS THAT IS INTENDED FOR 3,137
PAYMENT OF THOSE OBLIGATIONS. 3,138
(2) THE ISSUERS OF OBLIGATIONS PURSUANT TO SECTION 151.03, 3,140
151.04, 151.05, OR 151.07 OR CHAPTER 152. OF THE REVISED CODE 3,144
SHALL SUBMIT TO THE DIRECTOR:
(a) FOR REVIEW AND APPROVAL: THE PROJECTED SALE DATE, 3,146
AMOUNT, AND TYPE OF OBLIGATIONS PROPOSED TO BE SOLD; THEIR 3,148
PURPOSE, SECURITY, AND SOURCE OF PAYMENT; AND THE PROPOSED 3,149
STRUCTURE AND MATURITY SCHEDULE; 3,150
(b) FOR REVIEW AND COMMENT: THE AUTHORIZING ORDER OR 3,152
RESOLUTION; PRELIMINARY AND FINAL OFFERING DOCUMENTS; METHOD OF 3,154
SALE; PRELIMINARY AND FINAL PRICING INFORMATION; AND ANY WRITTEN 3,155
REPORTS OR RECOMMENDATIONS OF FINANCIAL ADVISORS OR CONSULTANTS 3,156
RELATING TO THOSE OBLIGATIONS; 3,157
(c) PROMPTLY AFTER EACH SALE OF THOSE OBLIGATIONS: FINAL 3,159
TERMS, INCLUDING SALE PRICE, MATURITY SCHEDULE AND YIELDS, AND 3,160
SOURCES AND USES; NAMES OF THE ORIGINAL PURCHASERS OR 3,161
UNDERWRITERS; A COPY OF THE FINAL OFFERING DOCUMENT AND OF THE 3,162
TRANSCRIPT OF PROCEEDINGS; AND ANY OTHER PERTINENT INFORMATION 3,163
REQUESTED BY THE DIRECTOR. 3,164
(3) THE ISSUER OF OBLIGATIONS PURSUANT TO SECTION 151.06 3,166
OR 151.08 OR CHAPTER 154. OR 3318. OF THE REVISED CODE SHALL 3,169
SUBMIT TO THE DIRECTOR:
(a) FOR REVIEW AND MUTUAL AGREEMENT: THE PROJECTED SALE 3,172
DATE, AMOUNT, AND TYPE OF OBLIGATIONS PROPOSED TO BE SOLD; THEIR 3,174
PURPOSE, SECURITY, AND SOURCE OF PAYMENT; AND THE PROPOSED 3,175
STRUCTURE AND MATURITY SCHEDULE; 3,176
(b) FOR REVIEW AND COMMENT: THE AUTHORIZING ORDER OR 3,178
RESOLUTION; PRELIMINARY AND FINAL OFFERING DOCUMENTS; METHOD OF 3,180
SALE; PRELIMINARY AND FINAL PRICING INFORMATION; AND ANY WRITTEN 3,181
REPORTS OR RECOMMENDATIONS OF FINANCIAL ADVISORS OR CONSULTANTS 3,182
RELATING TO THOSE OBLIGATIONS; 3,183
(c) PROMPTLY AFTER EACH SALE OF THOSE OBLIGATIONS: FINAL 3,185
58
TERMS, INCLUDING SALE PRICE, MATURITY SCHEDULE AND YIELDS, AND 3,186
SOURCES AND USES; NAMES OF THE ORIGINAL PURCHASERS OR 3,187
UNDERWRITERS; A COPY OF THE FINAL OFFERING DOCUMENT AND OF THE 3,188
TRANSCRIPT OF PROCEEDINGS; AND ANY OTHER PERTINENT INFORMATION 3,189
REQUESTED BY THE DIRECTOR. 3,190
(4) THE ISSUERS OF OBLIGATIONS PURSUANT TO CHAPTER 166., 3,192
4981., 5540., OR 6121., OR SECTION 5531.10, OF THE REVISED CODE 3,193
SHALL SUBMIT TO THE DIRECTOR: 3,195
(a) FOR REVIEW AND COMMENT: THE PROJECTED SALE DATE, 3,197
AMOUNT, AND TYPE OF OBLIGATIONS PROPOSED TO BE SOLD; THE PURPOSE, 3,198
SECURITY, AND SOURCE OF PAYMENT; AND PRELIMINARY AND FINAL 3,199
OFFERING DOCUMENTS;
(b) PROMPTLY AFTER EACH SALE OF THOSE OBLIGATIONS: FINAL 3,201
TERMS, INCLUDING A MATURITY SCHEDULE; NAMES OF THE ORIGINAL 3,202
PURCHASERS OR UNDERWRITERS; A COPY OF THE COMPLETE CONTINUING 3,203
DISCLOSURE AGREEMENT PURSUANT TO S.E.C. RULE 15c2-12 OR 3,205
EQUIVALENT RULE AS FROM TIME TO TIME IN EFFECT; AND ANY OTHER 3,206
PERTINENT INFORMATION REQUESTED BY THE DIRECTOR.
(B)(5) Not later than ninety THIRTY days after the end of 3,209
its A fiscal year, every EACH issuer of or state obligor on 3,210
obligations referred SUBJECT to in division DIVISIONS (A) AND (B) 3,213
of this section, every issuer of securities issued SHALL SUBMIT 3,215
TO THE DIRECTOR AND TO THE TREASURER OF STATE A SALE PLAN FOR THE 3,216
THEN CURRENT FISCAL YEAR FOR EACH TYPE OF OBLIGATION, PROJECTING 3,217
THE AMOUNT AND TERM OF EACH ISSUANCE, THE METHOD OF SALE, AND THE 3,218
MONTH OF SALE.
(B) ISSUERS OF OBLIGATIONS pursuant to Chapter 122., 166., 3,220
175., 3345., 3347., 3366., 3377., or 3706., 3737., 5537., 6121., 3,222
OR 6123. of the Revised Code, and every issuer ISSUERS of 3,224
securities issued pursuant to Chapter 165. of the Revised Code 3,225
other than a county or municipal corporation, shall submit a 3,226
report to the director of the total amount of obligations issued 3,227
or entered into during such fiscal year and the amount of 3,228
obligations, by type, outstanding at the end of such fiscal year. 3,229
59
(C) Statements or tables COPIES OF THE PRELIMINARY AND 3,232
FINAL OFFERING DOCUMENTS UPON THEIR AVAILABILITY IF NOT 3,233
PREVIOUSLY SUBMITTED PURSUANT TO DIVISION (A) OF THIS SECTION. 3,234
(C) NOT LATER THAN THE FIRST DAY OF JANUARY OF EACH YEAR, 3,237
EVERY STATE AGENCY OBLIGATED TO MAKE PAYMENTS ON OUTSTANDING 3,238
PUBLIC OBLIGATIONS WITH RESPECT TO WHICH FRACTIONALIZED INTERESTS 3,239
HAVE BEEN PUBLICLY ISSUED, SUCH AS CERTIFICATES OF PARTICIPATION, 3,240
SHALL SUBMIT A REPORT TO THE DIRECTOR OF THE AMOUNTS PAYABLE FROM 3,241
STATE APPROPRIATIONS UNDER THOSE PUBLIC OBLIGATIONS DURING THE 3,242
THEN CURRENT AND NEXT TWO FISCAL YEARS, IDENTIFYING THE 3,243
APPROPRIATION OR INTENDED APPROPRIATION FROM WHICH PAYMENT IS 3,244
EXPECTED TO BE MADE. 3,245
(D)(1) INFORMATION relating generally to the historic, 3,248
current, or future demographics or economy or financial condition 3,249
or funds OR GENERAL OPERATIONS of the state, and DESCRIPTIONS OF 3,250
ANY STATE CONTRACTUAL OBLIGATIONS RELATING TO PUBLIC OBLIGATIONS, 3,251
to be contained in any official statement, offering circular, 3,252
prospectus, or similar document, CONTINUING DISCLOSURE DOCUMENT, 3,253
OR WRITTEN PRESENTATION prepared, approved, updated, or 3,254
authorized PROVIDED, or committed to be provided, by an issuer or 3,256
state obligor in connection with the original issuance and sale 3,257
of, OR RATING, REMARKETING, OR CREDIT ENHANCEMENT FACILITIES 3,258
RELATING TO, PUBLIC obligations referred to in division (A) of 3,260
this section shall be approved as to format and accuracy by the 3,261
director or the director's designee before being PRESENTED, 3,263
published, OR DISSEMINATED in preliminary, draft, or final form, 3,264
or publicly filed IN PAPER, ELECTRONIC, OR OTHER FORMAT. 3,265
(D)(2) EXCEPT FOR INFORMATION DESCRIBED IN DIVISION (D)(1) 3,269
OF THIS SECTION THAT IS TO BE CONTAINED IN AN OFFERING DOCUMENT, 3,270
CONTINUING DISCLOSURE DOCUMENT, OR WRITTEN PRESENTATION, DIVISION 3,272
(D)(1) OF THIS SECTION DOES NOT INHIBIT DIRECT COMMUNICATION 3,273
BETWEEN AN ISSUER AND A RATING AGENCY, REMARKETING AGENT, OR 3,274
CREDIT ENHANCEMENT PROVIDER CONCERNING AN ISSUANCE OF PUBLIC
OBLIGATIONS REFERRED TO IN DIVISION (A) OF THIS SECTION OR 3,275
60
MATTERS ASSOCIATED WITH THAT ISSUANCE. 3,276
(3) THE MATERIALS APPROVED AND PROVIDED PURSUANT TO 3,279
DIVISION (D) OF THIS SECTION ARE THE INFORMATION RELATING TO THE 3,282
PARTICULAR SUBJECTS PROVIDED BY THE STATE OR STATE AGENCIES THAT 3,283
ARE REQUIRED OR CONTEMPLATED BY ANY APPLICABLE STATE OR FEDERAL 3,285
SECURITIES LAWS AND ANY COMMITMENTS BY THE STATE OR STATE 3,286
AGENCIES MADE UNDER THOSE LAWS. RELIANCE FOR THE PURPOSE SHOULD 3,287
NOT BE PLACED ON ANY OTHER INFORMATION PUBLICLY PROVIDED, IN ANY 3,288
FORMAT INCLUDING ELECTRONIC, BY ANY STATE AGENCY FOR OTHER
PURPOSES, INCLUDING GENERAL INFORMATION PROVIDED TO THE PUBLIC OR 3,289
TO PORTIONS OF THE PUBLIC. A STATEMENT TO THAT EFFECT SHALL BE 3,290
INCLUDED IN THOSE MATERIALS SO APPROVED OR PROVIDED. 3,291
(E) Issuers of or state obligors on obligations referred 3,294
to in division (A) of this section may take steps, by formal 3,295
agreement, covenants in the proceedings, or otherwise, as may be 3,296
necessary or appropriate to comply or permit compliance with
applicable lawful disclosure requirements relating to those 3,297
obligations, and may, SUBJECT TO DIVISION (D) OF THIS SECTION, 3,298
provide, make available, or file copies of any required 3,299
disclosure materials as necessary or appropriate. Any SUCH 3,301
formal agreement or covenant RELATING TO SUBJECTS REFERRED TO IN 3,302
DIVISION (D) OF THIS SECTION, and any description of that 3,303
agreement or covenant to be contained in any official statement, 3,304
offering circular, prospectus, or similar document, shall be 3,306
approved by the director of budget and management or the 3,308
director's designee before being entered into or published OR 3,310
PUBLICLY DISSEMINATED in preliminary, draft, or final form, or 3,311
publicly filed IN PAPER, ELECTRONIC, OR OTHER FORMAT. THE 3,312
DIRECTOR SHALL BE RESPONSIBLE FOR MAKING ALL FILINGS IN 3,313
COMPLIANCE WITH THOSE REQUIREMENTS RELATING TO DIRECT OBLIGATIONS 3,314
OF THE STATE, INCLUDING FRACTIONALIZED INTERESTS IN THOSE 3,315
OBLIGATIONS.
(E)(F) No state agency OR OFFICIAL shall, without the 3,317
approval of the director of budget and management or the 3,319
61
director's designee, do either of the following: 3,320
(1) Enter into OR COMMIT TO ENTER INTO a public obligation 3,322
in UNDER which fractionalized interests IN THE PAYMENTS are to be 3,324
publicly offered, and payments under which PAYMENTS are
ANTICIPATED to be made from money FROM ANY SOURCE appropriated or 3,326
to be appropriated by the general assembly OR IN WHICH THE
PROVISION STATED IN SECTION 9.94 OF THE REVISED CODE IS NOT 3,327
INCLUDED;
(2) Except as otherwise expressly authorized for the 3,329
purpose by law, agree or commit to provide, from money FROM ANY 3,330
SOURCE to be appropriated in the future by the general assembly, 3,332
financial assistance to or participation in THE COSTS OF capital 3,333
facilities, or the payment of debt charges, DIRECTLY OR BY WAY OF 3,334
A CREDIT ENHANCEMENT FACILITY, A RESERVE, RENTAL PAYMENTS, OR 3,335
OTHERWISE, on obligations issued to pay costs of capital 3,337
facilities.
(F)(G) As used in this section, "CREDIT ENHANCEMENT 3,339
FACILITIES," "debt charges," "fractionalized interests in public 3,341
obligations," "obligor," "public issuer," and "securities" have 3,342
the same meanings as in section 133.01 of the Revised Code;
"public obligation" has the same meaning as in division (GG)(2) 3,343
of section 133.01 of the Revised Code; and "obligations" means 3,344
those securities or public obligations or fractionalized 3,345
interests in them; "ISSUERS" MEANS ISSUERS OF SECURITIES OR STATE 3,346
OBLIGORS ON PUBLIC OBLIGATIONS; "OFFERING DOCUMENT" MEANS AN 3,347
OFFICIAL STATEMENT, OFFERING CIRCULAR, PRIVATE PLACEMENT 3,348
MEMORANDUM, OR PROSPECTUS, OR SIMILAR DOCUMENT; AND "DIRECTOR" 3,349
MEANS THE DIRECTOR OF BUDGET AND MANAGEMENT OR THE EMPLOYEE OF 3,350
THE OFFICE OF BUDGET AND MANAGEMENT DESIGNATED BY THE DIRECTOR 3,351
FOR THE PURPOSE.
Sec. 126.14. The release of any money appropriated for the 3,361
purchase of real estate shall be approved by the controlling 3,362
board. The release of money appropriated for all other capital 3,363
projects is also subject to the approval of the controlling 3,364
62
board, except that the director of budget and management may 3,365
approve the release of money appropriated for specific projects 3,366
in accordance with the requirements of this section AND EXCEPT 3,367
THAT THE DIRECTOR OF BUDGET AND MANAGEMENT MAY APPROVE THE 3,368
RELEASE OF UNENCUMBERED CAPITAL BALANCES, FOR A PROJECT TO
REPAIR, REMOVE, OR PREVENT A PUBLIC EXIGENCY DECLARED TO EXIST BY 3,370
THE DIRECTOR OF ADMINISTRATIVE SERVICES UNDER SECTION 123.15 OF 3,371
THE REVISED CODE, IN THE AMOUNT DESIGNATED IN THAT DECLARATION. 3,372
Within sixty days after the effective date of any act 3,374
appropriating money for capital projects, the director shall 3,375
determine which appropriations are for general projects and which 3,377
are for specific projects. Specific projects may include
specific higher education projects that are to be funded from 3,378
general purpose appropriations from the higher education 3,379
improvement fund created in section 154.21 of the Revised Code. 3,381
Upon determining which projects are general and which are 3,382
specific, the director shall submit to the controlling board a 3,383
list that includes a brief description of and the estimated 3,384
expenditures for each specific project. The release of money for 3,386
any specific higher education projects that are to be funded from 3,387
general purpose appropriations from the higher education
improvement fund but that are not included on the list, and the 3,389
release of money for any specific higher education projects 3,390
included on the list that will exceed the estimated expenditures 3,391
by more than ten per cent, are subject to the approval of the 3,392
controlling board. The director may create new appropriation 3,393
line items and make transfers of appropriations to them for 3,394
specific higher education projects included on the list that are 3,395
to be funded from general purpose appropriations for basic 3,396
renovations that are made from the higher education improvement 3,397
fund.
Sec. 126.16. (A) THIS SECTION IS IN IMPLEMENTATION OF 3,399
DIVISION (D) OF SECTION 17 OF ARTICLE VIII, OHIO CONSTITUTION, 3,402
FOR PURPOSES OF ISSUING DIRECT OBLIGATIONS OF THE STATE SUBJECT 3,403
63
TO THAT SECTION.
(B) FOR PURPOSES OF THE COMPUTATION OF DEBT SERVICE UNDER 3,405
SECTION 17 OF ARTICLE VIII, OHIO CONSTITUTION, THERE SHALL BE 3,408
INCLUDED DEBT SERVICE PAYABLE ON BONDS THAT ARE DIRECT
OBLIGATIONS OF THE STATE ISSUED UNDER ARTICLE VIII, OHIO 3,410
CONSTITUTION, AND ON THOSE BONDS ANTICIPATED BY BOND ANTICIPATION 3,411
NOTES, TO THE EXTENT THAT DEBT SERVICE ON THOSE BONDS IS 3,412
ANTICIPATED TO BE PAID FROM THE STATE GENERAL REVENUE FUND OR NET 3,413
STATE LOTTERY PROCEEDS. EXAMPLES OF BONDS THE DEBT SERVICE ON 3,414
WHICH IS NOT ANTICIPATED TO BE PAID FROM EITHER OF THOSE SOURCES
ARE BONDS OF THE STATE ISSUED FOR HIGHWAY PURPOSES PURSUANT TO 3,416
SECTION 2i OR 2m OF ARTICLE VIII, OHIO CONSTITUTION, WHICH, 3,418
ALTHOUGH GENERAL OBLIGATIONS OF THE STATE, HAVE BEEN AND ARE 3,419
ANTICIPATED TO BE PAID FROM HIGHWAY USER RECEIPTS AND NOT FROM
THE GENERAL REVENUE FUND OR NET STATE LOTTERY PROCEEDS. 3,420
(C) IF THERE IS NO SEPARATE CONSTITUTIONAL OR STATUTORY 3,422
PROVISION APPLICABLE FOR THE PURPOSE, DEBT SERVICE ON BONDS 3,423
ANTICIPATED BY BOND ANTICIPATION NOTES SHALL BE ESTIMATED AS 3,424
PROVIDED IN DIVISION (C) OF THIS SECTION. THAT AMOUNT, TO BE 3,425
CERTIFIED EITHER BY THE ISSUING AUTHORITY OF THE PARTICULAR NOTES 3,426
OR BY THE GOVERNOR OR THE GOVERNOR'S DESIGNEE PURSUANT TO
DIVISION (E) OF THIS SECTION, SHALL BE THE ESTIMATED AMOUNT THAT 3,427
WOULD HAVE BEEN PAYABLE ON BONDS MATURING SERIALLY IN EACH FISCAL 3,428
YEAR AFTER THE FISCAL YEAR OF THE ISSUANCE OF THE NOTES OVER THE 3,430
MAXIMUM PERIOD OF MATURITY FOR THE BONDS AUTHORIZED IN THE
PARTICULAR GOVERNING CONSTITUTIONAL OR STATUTORY PROVISION, AS IF 3,431
THOSE BONDS HAD BEEN ISSUED WITHOUT THE PRIOR ISSUANCE OF THE 3,432
NOTES, AND COMPUTED ON A SUBSTANTIALLY LEVEL DEBT SERVICE BASIS 3,433
APPLYING AN INTEREST RATE OR RATES CERTIFIED TO BE MARKET RATES 3,434
AT THE TIME OF ISSUANCE OF THE NOTES.
(D) IN THE CASE OF BONDS ISSUED TO REFUND OR RETIRE BONDS, 3,436
THE DEBT SERVICE ON THE NEW BONDS SHALL BE COUNTED AND THE DEBT 3,437
SERVICE ON THE BONDS BEING REFUNDED OR RETIRED SHALL NOT BE 3,438
COUNTED.
64
(E) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE FOR THE 3,440
PURPOSE, SHALL DETERMINE AND CERTIFY THE FISCAL YEAR AMOUNTS 3,441
REQUIRED TO BE APPLIED OR SET ASIDE FOR PAYMENT OF DEBT SERVICE, 3,442
INCLUDING DEBT SERVICE ON ANY VARIABLE RATE BONDS, THE SECURITIES 3,443
TO WHICH THAT DEBT SERVICE RELATES, THE TOTAL OFFICE OF BUDGET 3,444
AND MANAGEMENT ESTIMATED REVENUES OF THE STATE FOR THE GENERAL 3,445
REVENUE FUND AND FROM NET STATE LOTTERY PROCEEDS DURING THE
PARTICULAR FISCAL YEAR, AND ANY OTHER FINANCIAL DATA NECESSARY OR 3,446
APPROPRIATE FOR THE PURPOSE OF THE COMPUTATIONS UNDER DIVISION 3,447
(A) OF SECTION 17 OF ARTICLE VIII, OHIO CONSTITUTION, AND THIS 3,449
SECTION. THOSE DETERMINATIONS AND CERTIFICATIONS SHALL BE FILED 3,450
WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, THE TREASURER OF 3,451
STATE, AND THE ISSUING AUTHORITY FOR THE PARTICULAR OBLIGATIONS, 3,452
AT OR PRIOR TO THE TIME THOSE SECURITIES ARE ISSUED. THE 3,453
GOVERNOR'S DESIGNEE FOR THE PURPOSE MAY BE THE DIRECTOR OR 3,454
ASSISTANT DIRECTOR OF BUDGET AND MANAGEMENT, OR ANY EMPLOYEE OR
OFFICIAL OF THE GOVERNOR'S OFFICE. 3,455
(F) FOR PURPOSES OF THIS SECTION, "SECURITIES," "INTEREST 3,457
OR INTEREST EQUIVALENT," AND "OUTSTANDING" HAVE THE SAME MEANINGS 3,458
AS IN SECTION 133.01 OF THE REVISED CODE, AND "DEBT SERVICE" 3,459
MEANS PRINCIPAL, INCLUDING ANY MANDATORY SINKING FUND DEPOSITS 3,460
AND MANDATORY REDEMPTION PAYMENTS, AND INTEREST OR INTEREST 3,461
EQUIVALENT PAYABLE ON SECURITIES, AS THOSE PAYMENTS ARE STATED TO
COME DUE AND TO BE PAYABLE. 3,462
Sec. 129.72. There is hereby created in the state treasury 3,471
the public improvements bond retirement fund. The faith and 3,472
credit of the state and the excises and taxes thereof, excluding 3,473
ad valorem taxes on real or personal property, income taxes, and 3,474
fees, excises or license taxes relating to the registration, 3,475
operation, or use of vehicles on the public highways, or fuels 3,476
used for propelling such vehicles, are hereby pledged to the 3,477
payment of the principal of and interest on the obligations 3,478
issued pursuant to Section 2i, of Article VIII, Ohio 3,479
Constitution, and former section 129.70 of the Revised Code, and 3,480
65
so long as such obligations are outstanding, there shall be 3,481
levied and collected, in amounts sufficient to pay the principal 3,482
of and interest on such obligations, excises and taxes, excluding 3,483
those above excepted. The principal of and interest on such 3,484
obligations are payable from such excises and taxes, except those 3,485
above excepted, during such time as such obligations are 3,486
outstanding, and so long as moneys in the public improvements 3,487
bond retirement fund are insufficient to pay all interest, 3,488
principal, and charges of such obligations becoming due in each 3,489
year, a sufficient amount of such excises and taxes, after making 3,490
provision in accordance with sections 129.54, 129.55, and 129.63 3,491
of the Revised Code for the amounts required by Sections 2f and 3,492
2h of Article VIII, Ohio Constitution, for obligations heretofore 3,493
or hereafter issued pursuant to those sections, is hereby 3,494
appropriated in each year for the purpose of paying the interest, 3,495
principal, and charges for the issuance and retirement of such 3,496
obligations becoming due in that year without necessity for 3,497
further act of appropriation for such purpose, and the levy and 3,498
collection of such excises and taxes and their application to the 3,499
payment of the interest, principal, and charges for the issuance 3,500
and retirement of such obligations, as provided by this section, 3,501
shall continue and is hereby covenanted with the holders of such 3,502
obligations to be continued so long as such obligations are 3,503
outstanding and the moneys to the credit of the public 3,504
improvements bond retirement fund are insufficient to pay all 3,505
interest, principal, and charges of all such obligations. 3,506
The moneys credited to the public improvements bond 3,508
retirement fund shall be expended for the purpose of paying 3,509
principal, interest, and charges for the issuance and retirement 3,510
of obligations issued pursuant to Section 2i of Article VIII, 3,511
Ohio Constitution, and former section 129.70 of the Revised Code. 3,512
All moneys credited to such fund are hereby pledged and 3,513
appropriated, without necessity for further act of appropriation, 3,514
to meet payments of principal, interest, and charges for the 3,515
66
issuance and retirement of obligations issued pursuant to Section 3,516
2i of Article VIII, Ohio Constitution, and former section 129.70 3,517
of the Revised Code under the order of the commissioners of the 3,518
sinking fund. 3,519
The commissioners of the sinking fund may invest moneys to 3,521
the credit of the public improvements bond retirement fund in the 3,522
classifications of obligations eligible for investment or deposit 3,523
provided for in section 135.14 of the Revised Code. 3,524
Sec. 129.73. (A) The commissioners of the sinking fund, 3,533
prior to the twentieth day of December of each year, shall 3,534
certify to the treasurer of state: 3,535
(1) The amount of moneys required during the next 3,537
succeeding calendar year to meet in full, as they become due, 3,538
payments of principal, interest, and charges for the issuance and 3,539
retirement of obligations issued pursuant to Section 2i of 3,540
Article VIII, Ohio Constitution, and former section 129.70 of the 3,541
Revised Code, and the date of such payments; 3,542
(2) The amount of money to the credit of the public 3,544
improvements bond retirement fund created under section 129.72 of 3,545
the Revised Code on the date the certification is made. 3,546
(B) The commissioners of the sinking fund, not earlier 3,549
than the thirtieth day nor later than the twentieth day, prior to 3,550
the date any payments of principal, interest, or charges for the 3,551
issuance or retirement of obligations issued under Section 2i of 3,552
Article VIII, Ohio Constitution, or former section 129.70 of the 3,553
Revised Code become due, shall certify to the treasurer of state: 3,554
(1) The THE total amount of such payments of principal, 3,556
interest, or charges, the amount of moneys then to the credit of 3,557
the public improvements bond retirement fund created under 3,558
section 129.72 of the Revised Code that may be expended for such 3,560
payments, and any amounts of additional money necessary to meet 3,561
such payments in full when due; 3,562
(2) The amount of any payments of principal, interest, or 3,564
charges for the issuance or retirement of bonds or notes issued 3,565
67
under Section 2f of Article VIII, Ohio Constitution, which will 3,566
become due on or before the tenth day following the date of 3,567
payment referred to in division (B)(1) of this section, the 3,568
amount then to the credit of the improvements bond retirement 3,569
fund created by Section 2f of Article VIII, Ohio Constitution, 3,570
and any amounts of additional money necessary to meet such 3,571
payments from such fund when due; 3,572
(3) The amount of any payments of principal, interest, or 3,574
charges for the issuance or retirement of bonds or notes issued 3,575
under Section 2h of Article VIII, Ohio Constitution, which will 3,576
become due on or before the tenth day following the date of 3,577
payment referred to in division (B)(1) of this section, the 3,578
amounts then to the credit of the development bond retirement 3,579
fund created by Section 2h of Article VIII, Ohio Constitution, 3,580
any amounts of additional money necessary to meet such payments 3,581
from such fund when due. 3,582
(C) Upon receipt of the certifications CERTIFICATION 3,584
required under division (B) of this section, the treasurer of 3,586
state shall:
(1) Transfer to the improvements bond retirement fund 3,588
created by Section 2f of Article VIII, Ohio Constitution, from 3,589
the revenues authorized by section 129.55 of the Revised Code to 3,590
be paid into such fund and in the order described in such 3,591
section, the amounts of additional money, if any, certified as 3,592
necessary under division (B)(2) of this section to make the 3,593
payments from such fund as certified under such division; 3,594
(2) Transfer to the development bond retirement fund 3,596
created by Section 2h of Article VIII, Ohio Constitution, from 3,597
the revenues authorized by section 129.63 of the Revised Code to 3,598
be paid into such fund and in the order described in such 3,599
section, the amounts of additional money, if any, certified as 3,600
necessary under division (B)(3) of this section to make the 3,601
payments from such fund as certified under such division; 3,602
(3) Transfer, after making whatever transfers are required 3,604
68
by divisions (C)(1) and (2) of this section, TRANSFER the 3,605
additional amounts of money, if any, certified as necessary under 3,607
division (B)(1) of this section to make the payments of 3,608
principal, interest, or charges as certified under such division 3,609
to the public improvements bond retirement fund created by 3,610
section 129.72 of the Revised Code, from the undistributed 3,611
revenues derived from all excises and taxes of the state, except 3,612
ad valorem taxes on real and personal property, income taxes, and 3,613
fees, excises or license taxes relating to registration, 3,614
operation, or use of vehicles on the public highways, or to fuels 3,615
used for propelling such vehicles, which excises and taxes, other 3,616
than those excepted, are and shall be deemed to be levied, in 3,617
addition to the purposes otherwise provided for by law, to 3,618
provide in accordance with the provisions of this section for the 3,619
payment of interest, principal, and charges on tax supported 3,620
obligations, including bonds and notes, issued pursuant to 3,621
Section 2i of Article VIII, Ohio Constitution, and former section 3,622
129.70 of the Revised Code, provided that the treasurer of state 3,623
shall draw first upon the undistributed revenues derived from the 3,624
tax levied by section 5739.02 of the Revised Code remaining after 3,625
any transfer to the improvements bond retirement fund created by 3,626
Section 2f of Article VIII, Ohio Constitution, and the 3,627
development bond retirement fund created by Section 2h of Article 3,628
VIII, Ohio Constitution, of such amounts of those revenues as may 3,629
be required by sections 129.55 and 129.63 of the Revised Code to 3,630
be so transferred, and then from the undistributed revenues 3,631
derived from the taxes levied by sections 3769.08, 4301.42, 3,632
4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 3,633
5731.18, 5731.19, 5733.06, 5741.02, 5743.02, and 5743.32 of the 3,635
Revised Code in proportion to the amount of undistributed 3,636
revenues from each such tax remaining after the transfer to the 3,637
improvements bond retirement fund created by Section 2f of 3,638
Article VIII, Ohio Constitution, and the development bond 3,639
retirement fund created by Section 2h of Article VIII, Ohio 3,640
69
Constitution, of such amount of those revenues as may be required 3,641
by sections 129.55 and 129.63 of the Revised Code to be so 3,642
transferred.
(D) If on presentation for payment when due of either 3,644
principal or interest on obligations issued pursuant to Section 3,645
2i of Article VIII, Ohio Constitution, and former section 129.70 3,646
of the Revised Code, there are insufficient moneys for the 3,647
payment of such principal and interest, the treasurer of state 3,648
shall also transfer to the public improvements bond retirement 3,649
fund from the undistributed revenues referred to in division 3,651
(C)(3) of this section and in the order specified therein such
additional amounts as may be required for such payments. 3,652
Sec. 133.20. (A) This section applies to bonds that are 3,661
general obligation Chapter 133. securities. If the bonds are 3,662
payable as to principal by provision for annual installments, the 3,663
period of limitations on their last maturity, referred to as 3,664
their maximum maturity, shall be measured from a date twelve 3,665
months prior to the first date on which provision for payment of 3,666
principal is made. If the bonds are payable as to principal by 3,667
provision for semiannual installments, the period of limitations 3,668
on their last maturity shall be measured from a date six months 3,669
prior to the first date on which provision for payment of 3,670
principal is made. 3,671
(B) Bonds issued for the following permanent improvements 3,673
or for permanent improvements for the following purposes shall 3,674
have maximum maturities not exceeding the number of years stated: 3,675
(1) Fifty years: 3,677
(a) The clearance and preparation of real property for 3,679
redevelopment as an urban redevelopment project; 3,680
(b) Acquiring, constructing, widening, relocating, 3,682
enlarging, extending, and improving a publicly owned railroad or 3,683
line of railway or a light or heavy rail rapid transit system, 3,684
including related bridges, overpasses, underpasses, and tunnels, 3,685
but not including rolling stock or equipment. 3,686
70
(2) Forty years: 3,688
(a) General waterworks or water system permanent 3,690
improvements, including buildings, water mains, or other 3,691
structures and facilities in connection therewith; 3,692
(b) Sewers or sewage treatment or disposal works or 3,694
facilities, including fireproof buildings or other structures in 3,695
connection therewith; 3,696
(c) Storm water drainage, surface water, and flood 3,698
prevention facilities. 3,699
(3) THIRTY-FIVE YEARS: SPORTS FACILITIES. 3,701
(4) Thirty years: 3,703
(a) Municipal recreation, excluding recreational 3,705
equipment; 3,706
(b) Urban redevelopment projects; 3,708
(c) Acquisition of real property; 3,710
(d) Street or alley lighting purposes or relocating 3,712
overhead wires, cables, and appurtenant equipment underground. 3,713
(4)(5) Twenty years: constructing, reconstructing, 3,715
widening, opening, improving, grading, draining, paving, 3,716
extending, or changing the line of roads, highways, expressways, 3,717
freeways, streets, sidewalks, alleys, or curbs and gutters, and 3,718
related bridges, viaducts, overpasses, underpasses, grade 3,719
crossing eliminations, service and access highways, and tunnels. 3,720
(5)(6) Fifteen years: 3,722
(a) Resurfacing roads, highways, streets, or alleys; 3,724
(b) Alarm, telegraph, or other communications systems for 3,726
police or fire departments or other emergency services; 3,727
(c) Passenger buses used for mass transportation; 3,729
(d) Energy conservation measures as authorized by section 3,731
133.06 of the Revised Code. 3,732
(6)(7) Ten years: 3,734
(a) Water meters; 3,736
(b) Fire department apparatus and equipment; 3,738
(c) Road rollers and other road construction and servicing 3,740
71
vehicles; 3,741
(d) Furniture, equipment, and furnishings; 3,743
(e) Landscape planting and other site improvements; 3,745
(f) Playground, athletic, and recreational equipment and 3,747
apparatus; 3,748
(g) Energy conservation measures as authorized by section 3,750
307.041, 505.264, or 717.02 of the Revised Code. 3,751
(7)(8) Five years: New motor vehicles other than those 3,753
described in any other division of this section and those for 3,754
which provision is made in other provisions of the Revised Code. 3,755
(C) Bonds issued for any permanent improvements not within 3,757
the categories set forth in division (B) of this section shall 3,758
have maximum maturities of from five to thirty years as the 3,759
fiscal officer estimates is the estimated life or period of 3,760
usefulness of those permanent improvements. Bonds issued under 3,761
section 133.51 of the Revised Code for purposes other than 3,762
permanent improvements shall have such THE maturities, not to 3,763
exceed forty years, as THAT the taxing authority shall specify. 3,765
(D) Securities issued under section 505.265 or 717.07 of 3,768
the Revised Code shall mature not later than December 31, 2035. 3,769
(E) A securities issue for one purpose may include 3,771
permanent improvements within two or more categories under 3,772
divisions (B) and (C) of this section. The maximum maturity of 3,773
such a bond issue shall not exceed the average number of years of 3,774
life or period of usefulness of the permanent improvements as 3,775
measured by the weighted average of the amounts expended or 3,776
proposed to be expended for the categories of permanent 3,777
improvements. 3,778
Sec. 135.14. (A) As used in this section, "treasurer: 3,787
(1) TREASURER" does not include the treasurer of state, 3,790
and "governing board" does not include the state board of 3,791
deposit.
(2) "OTHER OBLIGATIONS" INCLUDES NOTES WHETHER OR NOT 3,793
ISSUED IN ANTICIPATION OF THE ISSUANCE OF BONDS. 3,794
72
(B) The treasurer or governing board may invest or deposit 3,796
any part or all of the interim moneys. The following 3,798
classifications of obligations shall be eligible for such 3,799
investment or deposit:
(1) United States treasury bills, notes, bonds, or any 3,801
other obligation or security issued by the United States treasury 3,802
or any other obligation guaranteed as to principal and interest 3,803
by the United States.
Nothing in the classification of eligible obligations set 3,805
forth in division (B)(1) of this section or in the 3,806
classifications of eligible obligations set forth in divisions 3,807
(B)(2) to (7) of this section shall be construed to authorize any 3,808
investment in stripped principal or interest obligations of such 3,809
eligible obligations.
(2) Bonds, notes, debentures, or any other obligations or 3,811
securities issued by any federal government agency or 3,812
instrumentality, including but not limited to, the federal 3,813
national mortgage association, federal home loan bank, federal 3,814
farm credit bank, federal home loan mortgage corporation, 3,815
government national mortgage association, and student loan
marketing association. All federal agency securities shall be 3,816
direct issuances of federal government agencies or 3,817
instrumentalities.
(3) Interim deposits in the eligible institutions applying 3,819
for interim moneys as provided in section 135.08 of the Revised 3,820
Code. The award of interim deposits shall be made in accordance 3,821
with section 135.09 of the Revised Code and the treasurer or the 3,822
governing board shall determine the periods for which such 3,823
interim deposits are to be made and shall award such interim 3,824
deposits for such periods, provided that any eligible institution 3,825
receiving an interim deposit award may, upon notification that 3,826
the award has been made, decline to accept the interim deposit in 3,827
which event the award shall be made as though the institution had 3,829
not applied for such interim deposit.
73
(4) Bonds and other obligations of this state; 3,831
(5) No-load money market mutual funds consisting 3,833
exclusively of obligations described in division (B)(1) or (2) of 3,835
this section and repurchase agreements secured by such
obligations, provided that investments in securities described in 3,837
this division are made only through eligible institutions
mentioned in section 135.03 of the Revised Code; 3,838
(6) The Ohio subdivision's fund as provided in section 3,840
135.45 of the Revised Code; 3,841
(7) Up to twenty-five per cent of interim moneys available 3,843
for investment in either of the following: 3,844
(a) Commercial paper notes issued by an entity that is 3,846
defined in division (D) of section 1705.01 of the Revised Code 3,847
and that has assets exceeding five hundred million dollars, to 3,849
which notes all of the following apply: 3,850
(i) The notes are rated at the time of purchase in the 3,852
highest classification established by at least two nationally 3,853
recognized standard rating services. 3,854
(ii) The aggregate value of the notes does not exceed ten 3,856
per cent of the aggregate value of the outstanding commercial 3,858
paper of the issuing corporation. 3,859
(iii) The notes mature not later than one hundred eighty 3,861
days after purchase. 3,862
(b) Bankers acceptances of banks that are insured by the 3,864
federal deposit insurance corporation and to which both of the 3,865
following apply: 3,866
(i) The obligations are eligible for purchase by the 3,868
federal reserve system. 3,869
(ii) The obligations mature not later than one hundred 3,871
eighty days after purchase. 3,873
No investment shall be made pursuant to division (B)(7) of 3,875
this section unless the treasurer or governing board has 3,876
completed additional training for making the investments 3,877
authorized by division (B)(7) of this section. The type and 3,878
74
amount of additional training shall be approved by the auditor of 3,879
state and may be conducted by or provided under the supervision 3,881
of the auditor of state.
(C) Nothing in the classifications of eligible obligations 3,883
set forth in divisions (B)(1) to (7) of this section shall be 3,884
construed to authorize any investment in a derivative, and no 3,885
treasurer or governing board shall invest in a derivative. For 3,886
purposes of this division, "derivative" means a financial 3,887
instrument or contract or obligation whose value or return is 3,888
based upon or linked to another asset or index, or both, separate 3,889
from the financial instrument, contract, or obligation itself.
Any security, obligation, trust account, or other instrument that 3,890
is created from an issue of the United States treasury or is 3,891
created from an obligation of a federal agency or instrumentality 3,892
or is created from both is considered a derivative instrument. 3,893
An eligible investment described in this section with a variable 3,894
interest rate payment, based upon a single interest payment or 3,895
single index comprised of other eligible investments provided for 3,896
in division (B)(1) or (2) of this section, is not a derivative, 3,897
provided that such variable rate investment has a maximum
maturity of two years. 3,898
(D) Except as provided in division (E) of this section, 3,900
any investment made pursuant to this section must mature within 3,902
five years from the date of settlement, unless the investment is
matched to a specific obligation or debt of the subdivision. 3,904
(E) The treasurer or governing board may also enter into a 3,906
written repurchase agreement with any eligible institution 3,907
mentioned in section 135.03 of the Revised Code or any eligible 3,908
dealer pursuant to division (M) of this section, under the terms 3,909
of which agreement the treasurer or governing board purchases, 3,910
and such institution or dealer agrees unconditionally to 3,911
repurchase any of the securities listed in divisions (B)(1) to 3,912
(5), except letters of credit described in division (B)(2), of 3,913
section 135.18 of the Revised Code. The market value of 3,914
75
securities subject to an overnight written repurchase agreement 3,915
must exceed the principal value of the overnight repurchase 3,917
agreement by at least two per cent. A written repurchase
agreement shall not exceed thirty days and the market value of 3,918
securities subject to a written repurchase agreement must exceed 3,919
the principal value of the written repurchase agreement by at 3,920
least two per cent and be marked to market daily. All securities 3,921
purchased pursuant to this division shall be delivered into the 3,922
custody of the treasurer or governing board or an agent 3,923
designated by the treasurer or governing board. A written 3,924
repurchase agreement with an eligible securities dealer shall be 3,925
transacted on a delivery versus payment basis. The agreement 3,926
shall contain the requirement that for each transaction pursuant 3,927
to the agreement the participating institution or dealer shall 3,928
provide all of the following information:
(1) The par value of the securities; 3,930
(2) The type, rate, and maturity date of the securities; 3,932
(3) A numerical identifier generally accepted in the 3,934
securities industry that designates the securities. 3,935
No treasurer or governing board shall enter into a written 3,937
repurchase agreement under the terms of which the treasurer or 3,938
governing board agrees to sell securities owned by the 3,939
subdivision to a purchaser and agrees with that purchaser to 3,940
unconditionally repurchase those securities.
(F) No treasurer or governing board shall make an 3,942
investment under this section, unless the treasurer or governing 3,943
board, at the time of making the investment, reasonably expects 3,944
that the investment can be held until its maturity. 3,945
(G) No treasurer or governing board shall pay interim 3,947
moneys into a fund established by another subdivision, treasurer, 3,948
governing board, or investing authority, if that fund was 3,949
established for the purpose of investing the public moneys of 3,950
other subdivisions. This division does not apply to the payment 3,951
of public moneys into either of the following:
76
(1) The Ohio subdivision's fund pursuant to division 3,954
(B)(6) of this section;
(2) A fund created solely for the purpose of acquiring, 3,956
constructing, owning, leasing, or operating municipal utilities 3,957
pursuant to the authority provided under section 715.02 of the 3,958
Revised Code or Section 4 of Article XVIII, Ohio Constitution. 3,959
For purposes of division (G) of this section, "subdivision" 3,961
includes a county. 3,962
(H) The use of leverage, in which the treasurer or 3,964
governing board uses its current investment assets as collateral 3,965
for the purpose of purchasing other assets, is prohibited. The 3,966
issuance of taxable notes for the purpose of arbitrage is 3,967
prohibited. Contracting to sell securities that have not yet 3,968
been acquired by the treasurer or governing board, for the
purpose of purchasing such securities on the speculation that 3,969
bond prices will decline, is prohibited. 3,970
(I) Whenever, during a period of designation, the 3,972
treasurer classifies public moneys as interim moneys, the 3,973
treasurer shall notify the governing board of such action. The 3,974
notification shall be given within thirty days after such 3,975
classification and in the event the governing board does not 3,976
concur in such classification or in the investments or deposits 3,977
made under this section, the governing board may order the 3,978
treasurer to sell or liquidate any of such investments or 3,979
deposits, and any such order shall specifically describe the 3,980
investments or deposits and fix the date upon which they are to 3,981
be sold or liquidated. Investments or deposits so ordered to be 3,982
sold or liquidated shall be sold or liquidated for cash by the 3,983
treasurer on the date fixed in such order at the then current 3,984
market price. Neither the treasurer nor the members of the board 3,985
shall be held accountable for any loss occasioned by sales or 3,986
liquidations of investments or deposits at prices lower than 3,987
their cost. Any loss or expense incurred in making such sales or 3,988
liquidations is payable as other expenses of the treasurer's 3,989
77
office.
(J) If any investments or deposits purchased under the 3,991
authority of this section are issuable to a designated payee or 3,992
to the order of a designated payee, the name of the treasurer and 3,993
the title of the treasurer's office shall be so designated. If 3,994
any such securities are registrable either as to principal or 3,995
interest, or both, then such securities shall be registered in 3,996
the name of the treasurer as such. 3,997
(K) The treasurer is responsible for the safekeeping of 3,999
all documents evidencing a deposit or investment acquired by the 4,000
treasurer under this section. Any securities may be deposited 4,001
for safekeeping with a qualified trustee as provided in section 4,002
135.18 of the Revised Code, except the delivery of securities 4,003
acquired under any repurchase agreement under this section shall 4,004
be made to a qualified trustee, provided, however, that the 4,005
qualified trustee shall be required to report to the treasurer, 4,006
governing board, auditor of state, or an authorized outside 4,007
auditor at any time upon request as to the identity, market 4,008
value, and location of the document evidencing each security, and 4,009
that if the participating institution is a designated depository 4,010
of the subdivision for the current period of designation, the 4,011
securities that are the subject of the repurchase agreement may 4,012
be delivered to the treasurer or held in trust by the 4,013
participating institution on behalf of the subdivision. Interest 4,014
earned on any investments or deposits authorized by this section 4,015
shall be collected by the treasurer and credited by the treasurer 4,017
to the proper fund of the subdivision.
Upon the expiration of the term of office of a treasurer or 4,019
in the event of a vacancy in the office of treasurer by reason of 4,020
death, resignation, removal from office, or otherwise, the 4,021
treasurer or the treasurer's legal representative shall transfer 4,022
and deliver to the treasurer's successor all documents evidencing 4,023
a deposit or investment held by the treasurer. For the 4,024
investments and deposits so transferred and delivered, such 4,025
78
treasurer shall be credited with and the treasurer's successor 4,026
shall be charged with the amount of money held in such
investments and deposits. 4,027
(L) Whenever investments or deposits acquired under this 4,029
section mature and become due and payable, the treasurer shall 4,030
present them for payment according to their tenor, and shall 4,031
collect the moneys payable thereon. The moneys so collected 4,032
shall be treated as public moneys subject to sections 135.01 to 4,033
135.21 of the Revised Code. 4,034
(M)(1) All investments, except for investments in 4,036
securities described in divisions (B)(5) and (6) of this section 4,037
and for investments by a municipal corporation in the issues of 4,038
such municipal corporation, shall be made only through a member 4,039
of the national association of securities dealers, through a 4,040
bank, savings bank, or savings and loan association regulated by 4,041
the superintendent of financial institutions, or through an 4,042
institution regulated by the comptroller of the currency, federal 4,043
deposit insurance corporation, or board of governors of the 4,044
federal reserve system.
(2) Payment for investments shall be made only upon the 4,046
delivery of securities representing such investments to the 4,047
treasurer, governing board, or qualified trustee. If the 4,048
securities transferred are not represented by a certificate, 4,049
payment shall be made only upon receipt of confirmation of 4,050
transfer from the custodian by the treasurer, governing board, or 4,051
qualified trustee. 4,052
(N) In making investments authorized by this section, a 4,054
treasurer or governing board may retain the services of an 4,056
investment advisor, provided the advisor is licensed by the 4,058
division of securities under section 1707.141 of the Revised Code 4,059
or is registered with the securities and exchange commission, and 4,061
possesses experience in public funds investment management, 4,062
specifically in the area of state and local government investment 4,063
portfolios, or the advisor is an eligible institution mentioned 4,064
79
in section 135.03 of the Revised Code. 4,065
(O)(1) Except as otherwise provided in divisions (O)(2) 4,067
and (3) of this section, no treasurer or governing board shall 4,068
make an investment or deposit under this section, unless there is 4,070
on file with the auditor of state a written investment policy 4,071
approved by the treasurer or governing board. The policy shall 4,072
require that all entities conducting investment business with the 4,073
treasurer or governing board shall sign the investment policy of 4,074
that subdivision. All brokers, dealers, and financial 4,075
institutions, described in division (M)(1) of this section, 4,076
initiating transactions with the treasurer or governing board by 4,077
giving advice or making investment recommendations shall sign the 4,078
treasurer's or governing board's investment policy thereby
acknowledging their agreement to abide by the policy's contents. 4,079
All brokers, dealers, and financial institutions, described in 4,080
division (M)(1) of this section, executing transactions initiated 4,081
by the treasurer or governing board, having read the policy's 4,082
contents, shall sign the investment policy thereby acknowledging 4,083
their comprehension and receipt.
(2) If a written investment policy described in division 4,085
(O)(1) of this section is not filed on behalf of the subdivision 4,086
with the auditor of state, the treasurer or governing board of 4,087
that subdivision shall invest the subdivision's interim moneys 4,088
only in interim deposits pursuant to division (B)(3) of this 4,089
section, no-load money market mutual funds pursuant to division 4,090
(B)(5) of this section, or the Ohio subdivision's fund pursuant 4,091
to division (B)(6) of this section.
(3) Divisions (O)(1) and (2) of this section do not apply 4,093
to a treasurer or governing board of a subdivision whose average 4,094
annual portfolio of investments held pursuant to this section is 4,095
one hundred thousand dollars or less, provided that the treasurer 4,096
or governing board certifies, on a form prescribed by the auditor 4,097
of state, that the treasurer or governing board will comply and 4,098
is in compliance with the provisions of sections 135.01 to 135.21 4,100
80
of the Revised Code.
(P) A treasurer or governing board may enter into a 4,103
written investment or deposit agreement that includes a provision 4,104
under which the parties agree to submit to nonbinding arbitration 4,105
to settle any controversy that may arise out of the agreement, 4,106
including any controversy pertaining to losses of public moneys 4,107
resulting from investment or deposit. The arbitration provision 4,108
shall be set forth entirely in the agreement, and the agreement 4,109
shall include a conspicuous notice to the parties that any party 4,111
to the arbitration may apply to the court of common pleas of the 4,112
county in which the arbitration was held for an order to vacate,
modify, or correct the award. Any such party may also apply to 4,113
the court for an order to change venue to a court of common pleas 4,114
located more than one hundred miles from the county in which the 4,115
treasurer or governing board is located. 4,116
For purposes of this division, "investment or deposit 4,118
agreement" means any agreement between a treasurer or governing 4,119
board and a person, under which agreement the person agrees to 4,120
invest, deposit, or otherwise manage a subdivision's interim 4,121
moneys on behalf of the treasurer or governing board, or agrees 4,122
to provide investment advice to the treasurer or governing board.
(Q) An investment made by the treasurer or governing board 4,124
pursuant to this section prior to September 27, 1996, that was a 4,127
legal investment under the law as it existed before September 27, 4,128
1996, may be held until maturity, or if the investment does not 4,129
have a maturity date, it may be held until five years from 4,130
September 27, 1996, regardless of whether the investment would 4,132
qualify as a legal investment under the terms of this section as 4,133
amended.
Sec. 145.01. As used in this chapter: 4,142
(A) "Public employee" means: 4,144
(1) Any person holding an office, not elective, under the 4,146
state or any county, township, municipal corporation, park 4,147
district, conservancy district, sanitary district, health 4,148
81
district, metropolitan housing authority, state retirement board, 4,149
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 4,150
university, or board, bureau, commission, council, committee, 4,151
authority, or administrative body as the same are, or have been, 4,152
created by action of the general assembly or by the legislative 4,153
authority of any of the units of local government named in 4,154
division (A)(1) of this section, or employed and paid in whole or 4,155
in part by the state or any of the authorities named in division 4,156
(A)(1) of this section in any capacity not covered by section 4,158
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 4,160
retirement system and who continues to perform the same or 4,162
similar duties under the direction of a contractor who has 4,163
contracted to take over what before the date of the contract was 4,164
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 4,165
purposes of administering this chapter. 4,166
(3) Any person who is an employee of a public employer, 4,168
notwithstanding that the person's compensation for that 4,169
employment is derived from funds of a person or entity other than 4,170
the employer. Credit for such service shall be included as total 4,171
service credit, provided that the employee makes the payments 4,172
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 4,173
(4) A PERSON WHO ELECTS IN ACCORDANCE WITH SECTION 145.015 4,175
OF THE REVISED CODE TO REMAIN A CONTRIBUTING MEMBER OF THE PUBLIC 4,176
EMPLOYEES RETIREMENT SYSTEM.
In all cases of doubt, the public employees retirement 4,178
board shall determine whether any person is a public employee, 4,179
and its decision is final.
(B) "Member" means any public employee, other than a 4,181
public employee excluded or exempted from membership in the 4,182
retirement system by section 145.03, 145.031, 145.032, 145.033, 4,183
82
145.034, 145.035, or 145.38 of the Revised Code. "Member" 4,184
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 4,185
includes a disability benefit recipient. 4,186
(C) "Head of the department" means the elective or 4,188
appointive head of the several executive, judicial, and 4,189
administrative departments, institutions, boards, and commissions 4,190
of the state and local government as the same are created and 4,191
defined by the laws of this state or, in case of a charter
government, by that charter. 4,192
(D) "Employer" or "public employer" means the state or any 4,194
county, township, municipal corporation, park district, 4,195
conservancy district, sanitary district, health district, 4,196
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 4,197
cemetery, joint hospital, institutional commissary, state medical 4,198
college, state university, or board, bureau, commission, council, 4,199
committee, authority, or administrative body as the same are, or 4,200
have been, created by action of the general assembly or by the 4,201
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 4,202
of the Revised Code. In addition, "employer" means the employer 4,203
of any public employee.
(E) "Prior service" means all service as a public employee 4,205
rendered before January 1, 1935, and all service as an employee 4,206
of any employer who comes within the state teachers retirement 4,207
system or of the school employees retirement system or of any 4,208
other retirement system established under the laws of this state 4,209
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 4,210
other system after that other system was established, credit for 4,211
the service may be allowed by the public employees retirement 4,212
system only when the employee has made payment, to be computed on 4,213
the salary earned from the date of appointment to the date 4,214
83
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 4,215
employer has made payment of the corresponding full liability as 4,216
provided by section 145.44 of the Revised Code. "Prior service" 4,217
also means all service credited for active duty with the armed 4,218
forces of the United States as provided in section 145.30 of the 4,219
Revised Code.
If an employee who has been granted prior service credit by 4,221
the public employees retirement system for service rendered prior 4,222
to January 1, 1935, as an employee of a board of education 4,223
establishes, before retirement, one year or more of contributing 4,224
service in the state teachers retirement system or school 4,225
employees retirement system, then the prior service ceases to be
the liability of this system. 4,226
If the board determines that a position of any member in 4,228
any calendar year prior to January 1, 1935, was a part-time 4,229
position, the board shall determine what fractional part of a 4,230
year's credit shall be allowed by the following formula: 4,231
(1) When the member has been either elected or appointed 4,233
to an office the term of which was two or more years and for 4,234
which an annual salary is established, the fractional part of the 4,235
year's credit shall be computed as follows: 4,236
First, when the member's annual salary is one thousand 4,238
dollars or less, the service credit for each such calendar year 4,239
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 4,241
above one thousand dollars, the member's service credit for each 4,242
such calendar year shall be increased by two and one-half per 4,243
cent.
(2) When the member is paid on a per diem basis, the 4,245
service credit for any single year of the service shall be 4,246
determined by using the number of days of service for which the 4,247
compensation was received in any such year as a numerator and 4,248
using two hundred fifty days as a denominator.
84
(3) When the member is paid on an hourly basis, the 4,250
service credit for any single year of the service shall be 4,251
determined by using the number of hours of service for which the 4,252
compensation was received in any such year as a numerator and 4,253
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 4,255
the employees' savings fund created by section 145.23 of the 4,256
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 4,258
person or persons who, as the result of the death of a member, 4,259
contributor, or retirant, qualify for or are receiving some right 4,260
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 4,262
section 145.37 of the Revised Code, means all service credited to 4,263
a member of the retirement system since last becoming a member, 4,264
including restored service credit as provided by section 145.31 4,265
of the Revised Code; credit purchased under sections 145.293 and 4,266
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 4,267
provided in this chapter; all service credit established pursuant 4,268
to section 145.297 of the Revised Code; and any other service 4,269
credited under this chapter. In addition, "total service credit" 4,270
includes any period, not in excess of three years, during which a 4,271
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 4,272
of satisfying the service credit requirement and of determining 4,273
eligibility for benefits under sections 145.32, 145.33, 145.331, 4,274
145.35, 145.36, and 145.361 of the Revised Code, "five or more 4,275
years of total service credit" means sixty or more calendar 4,276
months of contributing service in this system.
(2) "One and one-half years of contributing service 4,278
credit," as used in division (B) of section 145.45 of the Revised 4,279
Code, also means eighteen or more calendar months of employment 4,280
by a municipal corporation that formerly operated its own 4,281
85
retirement plan for its employees or a part of its employees, 4,282
provided that all employees of that municipal retirement plan who 4,283
have eighteen or more months of such employment, upon 4,284
establishing membership in the public employees retirement 4,285
system, shall make a payment of the contributions they would have 4,286
paid had they been members of this system for the eighteen months 4,287
of employment preceding the date membership was established. 4,288
When that payment has been made by all such employee members, a 4,290
corresponding payment shall be paid into the employers' 4,291
accumulation fund by that municipal corporation as the employer 4,292
of the employees. 4,293
(3) Where a member also is a member of the state teachers 4,295
retirement system or the school employees retirement system, or 4,296
both, except in cases of retirement on a combined basis pursuant 4,297
to section 145.37 of the Revised Code, service credit for any 4,298
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 4,300
total contributions in all state retirement systems. 4,301
(4) Not more than one year of credit may be given for any 4,303
period of twelve months. 4,304
(5) "Ohio service credit" means credit for service that 4,306
was rendered to the state or any of its political subdivisions or 4,307
any employer.
(I) "Regular or current interest" means interest at any 4,309
rates for the respective funds and accounts as the public 4,310
employees retirement board may determine from time to time, 4,311
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 4,313
shall discontinue the annual crediting of current interest to the 4,314
individual accounts of contributors. The noncrediting of current 4,315
interest shall not affect the rate of interest at retirement 4,316
guaranteed under division (I) of this section. 4,317
(2) The rate of interest credited on a contributor's 4,319
contributions at retirement shall be four per cent per annum, 4,320
86
compounded annually, to and including December 31, 1955; three 4,321
per cent per annum, compounded annually, from January 1, 1956, to 4,322
and including December 31, 1963; three and one-quarter per cent 4,323
per annum, compounded annually, from January 1, 1964, to and 4,324
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 4,325
In determining the reserve value for the purpose of 4,327
computing the amount of the contributor's annuity, the rate of 4,328
interest used in the annuity values shall be four per cent per 4,329
annum, compounded annually, for contributors retiring before 4,330
October 1, 1956, and after December 31, 1969; three per cent per 4,331
annum, compounded annually, for contributors retiring between 4,333
October 1, 1956, and December 31, 1963; and three and one-quarter 4,334
per cent per annum, compounded annually, for contributors 4,335
retiring from January 1, 1964, to December 31, 1969. Interest on 4,336
contributions from contributors within any one calendar year 4,337
shall begin on the first day of the calendar year next following 4,338
and shall be computed at the end of each calendar year, except in 4,339
the case of a contributor who retires before the end of the year. 4,340
(J) "Accumulated contributions" means the sum of all 4,342
amounts credited to a contributor's individual account in the 4,343
employees' savings fund together with any current interest 4,344
thereon, but does not include the interest adjustment at 4,345
retirement. 4,346
(K)(1) "Final average salary" means the quotient obtained 4,348
by dividing by three the sum of the three full calendar years of 4,349
contributing service in which the member's earnable salary was 4,350
highest, except that if the member has a partial year of 4,351
contributing service in the year the member's employment 4,352
terminates and the member's earnable salary for the partial year 4,353
is higher than for any comparable period in the three years, the 4,354
member's earnable salary for the partial year shall be 4,355
substituted for the member's earnable salary for the comparable 4,356
period during the three years in which the member's earnable 4,357
87
salary was lowest.
(2) If a member has less than three years of contributing 4,359
service, the member's final average salary shall be the member's 4,360
total earnable salary divided by the total number of years, 4,361
including any fraction of a year, of the member's contributing 4,362
service.
(3) For the purpose of calculating benefits payable to a 4,364
member qualifying for service credit under division (Z) of this 4,365
section, "final average salary" means the total earnable salary 4,366
on which contributions were made divided by the total number of 4,367
years during which contributions were made, including any 4,368
fraction of a year. If contributions were made for less than 4,369
twelve months, "final average salary" means the member's total 4,370
earnable salary. 4,371
(L) "Annuity" means payments for life derived from 4,373
contributions made by a contributor and paid from the annuity and 4,374
pension reserve fund as provided in this chapter. All annuities 4,375
shall be paid in twelve equal monthly installments. 4,376
(M) "Annuity reserve" means the present value, computed 4,378
upon the basis of the mortality and other tables adopted by the 4,379
board, of all payments to be made on account of any annuity, or 4,380
benefit in lieu of any annuity, granted to a retirant as provided 4,381
in this chapter.
(N)(1) "Disability retirement" means retirement as 4,383
provided in section 145.36 of the Revised Code. 4,384
(2) "Disability allowance" means an allowance paid on 4,386
account of disability under section 145.361 of the Revised Code. 4,387
(3) "Disability benefit" means a benefit paid as 4,389
disability retirement under section 145.36 of the Revised Code, 4,390
as a disability allowance under section 145.361 of the Revised 4,391
Code, or as a disability benefit under section 145.37 of the 4,392
Revised Code.
(4) "Disability benefit recipient" means a member who is 4,394
receiving a disability benefit. 4,395
88
(O) "Age and service retirement" means retirement as 4,397
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 4,398
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 4,400
contributions made by the employer that at the time of retirement 4,401
are credited into the annuity and pension reserve fund from the 4,402
employers' accumulation fund and paid from the annuity and 4,403
pension reserve fund as provided in this chapter. All pensions 4,404
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 4,406
portion of the benefit derived from contributions made by the 4,407
member.
(R)(1) Except as otherwise provided in division (R) of 4,410
this section, "earnable salary" means all salary, wages, and 4,411
other earnings paid to a contributor by reason of employment in a 4,412
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 4,413
the amount required to be contributed to the employees' savings 4,414
fund under section 145.47 of the Revised Code and without regard 4,415
to whether any of the salary, wages, or other earnings are 4,416
treated as deferred income for federal income tax purposes. 4,417
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 4,419
wages, or other earnings for sick leave, personal leave, or 4,420
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 4,422
sick leave, personal leave, and vacation leave accrued, but not 4,423
used if the payment is made during the year in which the leave is 4,425
accrued, except that payments made pursuant to section 124.383 or 4,426
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 4,428
consisting of housing, laundry, and meals, as certified to the 4,429
retirement board by the employer or the head of the department 4,430
that employs the contributor;
89
(d) Fees and commissions paid under section 507.09 of the 4,432
Revised Code;
(e) Payments that are made under a disability leave 4,434
program sponsored by the employer and for which the employer is 4,435
required by section 145.296 of the Revised Code to make periodic 4,436
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 4,438
of this section.
(2) "Earnable salary" does not include any of the 4,440
following:
(a) Fees and commissions, other than those paid under 4,442
section 507.09 of the Revised Code, paid as sole compensation for 4,443
personal services and fees and commissions for special services 4,444
over and above services for which the contributor receives a 4,445
salary;
(b) Amounts paid by the employer to provide life 4,447
insurance, sickness, accident, endowment, health, medical, 4,448
hospital, dental, or surgical coverage, or other insurance for 4,449
the contributor or the contributor's family, or amounts paid by 4,450
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 4,452
parking, or services furnished by the employer, or use of the 4,453
employer's property or equipment, or amounts paid by the employer 4,454
to the contributor in lieu of providing the incidental benefits; 4,455
(d) Reimbursement for job-related expenses authorized by 4,457
the employer, including moving and travel expenses and expenses 4,458
related to professional development; 4,459
(e) Payments for accrued but unused sick leave, personal 4,461
leave, or vacation that are made at any time other than in the 4,463
year in which the sick leave, personal leave, or vacation was 4,464
accrued;
(f) Payments made to or on behalf of a contributor that 4,466
are in excess of the annual compensation that may be taken into 4,467
90
account by the retirement system under division (a)(17) of 4,468
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 4,469
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 4,471
5923.05 of the Revised Code or Section 4 of Substitute Senate 4,472
Bill No. 3 of the 119th general assembly; 4,473
(h) Anything of value received by the contributor that is 4,475
based on or attributable to retirement or an agreement to retire, 4,476
except that payments made on or before January 1, 1989, that are 4,477
based on or attributable to an agreement to retire shall be 4,478
included in earnable salary if both of the following apply: 4,479
(i) The payments are made in accordance with contract 4,481
provisions that were in effect prior to January 1, 1986; 4,482
(ii) The employer pays the retirement system an amount 4,484
specified by the retirement board equal to the additional 4,485
liability resulting from the payments. 4,486
(3) The retirement board shall determine by rule whether 4,488
any compensation not enumerated in division (R) of this section 4,489
is earnable salary, and its decision shall be final. 4,491
(S) "Pension reserve" means the present value, computed 4,493
upon the basis of the mortality and other tables adopted by the 4,494
board, of all payments to be made on account of any retirement 4,495
allowance or benefit in lieu of any retirement allowance, granted 4,496
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 4,498
to a member of the system since January 1, 1935, for which 4,499
contributions are made as required by sections 145.47, 145.48, 4,500
and 145.483 of the Revised Code. In any year subsequent to 1934, 4,501
credit for any service shall be allowed by the following formula: 4,502
(a) For each month for which the member's earnable salary 4,504
is two hundred fifty dollars or more, allow one month's credit. 4,505
(b) For each month for which the member's earnable salary 4,507
is less than two hundred fifty dollars, allow a fraction of a 4,508
month's credit. The numerator of this fraction shall be the 4,509
91
earnable salary during the month, and the denominator shall be 4,510
two hundred fifty dollars, except that if the member's annual 4,511
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 4,512
calendar year of employment during which the member worked each 4,513
month. Division (T)(1)(b) of this section shall not reduce any 4,515
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 4,517
elected official who prior to January 1, 1980, was granted a full 4,518
year of credit for each year of service as an elected official 4,519
shall be considered to have earned a full year of credit for each 4,520
year of service regardless of whether the service was full-time 4,521
or part-time. The public employees retirement board has no
authority to reduce the credit. 4,522
(U) "State retirement board" means the public employees 4,524
retirement board, the school employees retirement board, or the 4,525
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 4,527
receiving a monthly allowance as provided in sections 145.32, 4,528
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 4,529
(W) "Employer contribution" means the amount paid by an 4,531
employer as determined by the employer rate including the normal 4,532
and deficiency contribution rates. 4,533
(X) "Public service terminates" means the last day for 4,535
which a public employee is compensated for services performed for 4,536
an employer or the date of the employee's death, whichever occurs 4,537
first.
(Y) When a member has been elected or appointed to an 4,539
office, the term of which is two or more years, for which an 4,540
annual salary is established, and in the event that the salary of 4,541
the office is increased and the member is denied the additional 4,542
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 4,543
to have the amount of the member's contributions calculated upon 4,544
92
the basis of the increased salary for the office. At the 4,545
member's request, the board shall compute the total additional 4,546
amount the member would have contributed, or the amount by which 4,547
each of the member's contributions would have increased, had the 4,548
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 4,549
member's contribution would have increased withheld from the 4,550
member's salary, the member shall notify the employer, and the 4,551
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 4,552
amount withheld may elect at any time to make a payment to the 4,553
retirement system equal to the additional amount the member's 4,554
contribution would have increased, plus interest on that 4,555
contribution, compounded annually at a rate established by the 4,556
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 4,557
payment. A member may make a payment for part of the period for 4,558
which the increased contribution was not withheld, in which case 4,559
the interest shall be computed from the date the last 4,560
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 4,561
contributions as provided in this division, the increased annual 4,562
salary as provided by law for the office for the period for which 4,563
the member paid increased contributions thereon shall be used in 4,564
determining the member's earnable salary for the purpose of 4,565
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 4,567
purpose of satisfying the service credit requirements and of 4,568
determining eligibility for benefits under section 145.33 of the 4,569
Revised Code, means employment covered under this chapter or 4,570
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 4,571
combination of the coverage. 4,573
(AA) "Deputy sheriff" means any person who is commissioned 4,575
93
and employed as a full-time peace officer by the sheriff of any 4,576
county, and has been so employed since on or before December 31, 4,577
1965, and whose primary duties are to preserve the peace, to 4,578
protect life and property, and to enforce the laws of this state; 4,579
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 4,580
and who has received a certificate attesting to the person's 4,581
satisfactory completion of the peace officer training school as 4,582
required by section 109.77 of the Revised Code and whose primary 4,583
duties are to preserve the peace, protect life and property, and 4,584
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 4,585
the Revised Code as a criminal bailiff or court constable who has 4,586
received a certificate attesting to the person's satisfactory 4,587
completion of the peace officer training school as required by 4,588
section 109.77 of the Revised Code and whose primary duties are 4,589
to preserve the peace, protect life and property, and enforce the 4,590
laws of this state.
(BB) "Township constable or police officer in a township 4,592
police department or district" means any person who is 4,593
commissioned and employed as a full-time peace officer pursuant 4,594
to Chapter 505. or 509. of the Revised Code, who has received a 4,595
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 4,596
of the Revised Code, and whose primary duties are to preserve the 4,597
peace, protect life and property, and enforce the laws of this 4,598
state.
(CC) "Drug agent" means any person who is either of the 4,600
following:
(1) Employed full-time as a narcotics agent by a county 4,602
narcotics agency created pursuant to section 307.15 of the 4,603
Revised Code and has received a certificate attesting to the 4,604
satisfactory completion of the peace officer training school as 4,605
required by section 109.77 of the Revised Code;
94
(2) Employed full-time as an undercover drug agent as 4,607
defined in section 109.79 of the Revised Code and is in 4,608
compliance with section 109.77 of the Revised Code. 4,609
(DD) "Department of public safety enforcement agent" means 4,611
a full-time employee of the department of public safety who is 4,613
designated under section 5502.14 of the Revised Code as an 4,615
enforcement agent and who is in compliance with section 109.77 of 4,617
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 4,619
means a full-time employee of the department of natural resources 4,620
who is designated a natural resources law enforcement staff 4,621
officer under section 1501.013 of the Revised Code and is in 4,624
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 4,626
department of natural resources who is designated a park officer 4,628
under section 1541.10 of the Revised Code and is in compliance 4,629
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 4,631
department of natural resources who is designated a forest 4,633
officer under section 1503.29 of the Revised Code and is in 4,634
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 4,637
department of natural resources who is designated a preserve 4,638
officer under section 1517.10 of the Revised Code and is in 4,640
compliance with section 109.77 of the Revised Code. 4,642
(II) "Wildlife officer" means a full-time employee of the 4,644
department of natural resources who is designated a wildlife 4,646
officer under section 1531.13 of the Revised Code and is in 4,647
compliance with section 109.77 of the Revised Code. 4,648
(JJ) "State watercraft officer" means a full-time employee 4,651
of the department of natural resources who is designated a state 4,652
watercraft officer under section 1547.521 of the Revised Code and 4,653
is in compliance with section 109.77 of the Revised Code. 4,654
(KK) "Park district police officer" means a full-time 4,656
95
employee of a park district who is designated pursuant to section 4,658
511.232 or 1545.13 of the Revised Code and is in compliance with 4,659
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 4,661
employee of a conservancy district who is designated pursuant to 4,663
section 6101.75 of the Revised Code and is in compliance with 4,664
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 4,666
organized police department of a municipal corporation who is 4,668
employed full-time, is in compliance with section 109.77 of the 4,669
Revised Code, and is not a member of the Ohio police and fire 4,670
pension fund. 4,671
(NN) "Ohio veterans' home police officer" means any person 4,674
who is employed at the Ohio veterans' home as a police officer 4,675
pursuant to section 5907.02 of the Revised Code and is in 4,676
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 4,678
institution" means any person who is designated as such pursuant 4,680
to section 5119.14 of the Revised Code and is in compliance with 4,681
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 4,683
mentally retarded and developmentally disabled" means any person 4,685
who is designated as such pursuant to section 5123.13 of the 4,686
Revised Code and is in compliance with section 109.77 of the 4,687
Revised Code.
(QQ) "State university law enforcement officer" means any 4,689
person who is employed full-time as a state university law 4,691
enforcement officer pursuant to section 3345.04 of the Revised 4,692
Code and who is in compliance with section 109.77 of the Revised 4,693
Code.
(RR) "Hamilton county municipal court bailiff" means a 4,695
person appointed by the clerk of courts of the Hamilton county 4,697
municipal court under division (A)(3) of section 1901.32 of the 4,698
Revised Code who is employed full-time as a bailiff or deputy 4,699
96
bailiff, who has received a certificate attesting to the person's 4,700
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 4,701
and whose primary duties are to preserve the peace, to protect 4,702
life and property, and to enforce the laws of this state. 4,703
(SS) Notwithstanding section 2901.01 of the Revised Code, 4,705
"law enforcement officer" means a sheriff, deputy sheriff, 4,707
township constable or police officer in a township police 4,708
department or district, drug agent, department of public safety 4,709
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 4,711
officer, state watercraft officer, park district police officer, 4,712
conservancy district officer, Ohio veterans' home police officer, 4,713
special police officer for a mental health institution, special 4,714
police officer for an institution for the mentally retarded and 4,715
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 4,716
police officer.
(TT) "Fiduciary" means a person who does any of the 4,718
following: 4,719
(1) Exercises any discretionary authority or control with 4,721
respect to the management of the system or with respect to the 4,722
management or disposition of its assets; 4,723
(2) Renders investment advice for a fee, direct or 4,725
indirect, with respect to money or property of the system; 4,726
(3) Has any discretionary authority or responsibility in 4,728
the administration of the system. 4,729
(UU) "Actuary" means an individual who satisfies all of 4,731
the following requirements: 4,733
(1) Is a member of the American academy of actuaries; 4,735
(2) Is an associate or fellow of the society of actuaries; 4,737
(3) Has a minimum of five years' experience in providing 4,739
actuarial services to public retirement plans. 4,740
Sec. 145.015. AS USED IN THIS SECTION, "COUNTY HISTORICAL 4,742
97
SOCIETY" MEANS A PRIVATE, NON-PROFIT ORGANIZATION EXEMPT FROM 4,743
FEDERAL INCOME TAXATION PURSUANT TO SECTION 501 (a) AND (c)(3) OF 4,745
THE INTERNAL REVENUE CODE, 26 U.S.C.A. 501(a) AND (c)(3), AS 4,748
AMENDED, THAT COLLECTS, PRESERVES, AND INTERPRETS THE HISTORICAL 4,750
PHYSICAL AND INTELLECTUAL RESOURCES OF A COUNTY. 4,751
AN ADMINISTRATIVE EMPLOYEE OF A COUNTY HISTORICAL SOCIETY 4,753
WHO IS A CONTRIBUTOR ON THE EFFECTIVE DATE OF THIS SECTION MAY 4,754
ELECT TO REMAIN A CONTRIBUTING MEMBER OF THE PUBLIC EMPLOYEES 4,755
RETIREMENT SYSTEM BY GIVING NOTICE TO THE SYSTEM NOT LATER THAN 4,756
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE 4,757
ELECTION ONCE MADE IS IRREVOCABLE. 4,758
Sec. 149.32. (A) The Ohio bicentennial commission, 4,767
created by division (B) of this section, shall do all of the 4,768
following: 4,769
(1) Promote, encourage, and coordinate the celebration and 4,771
commemoration of the bicentennial anniversary of Ohio's THIS 4,772
STATE'S admission to the union; 4,774
(2) Determine if there are sites within the state that are 4,776
especially appropriate for the bicentennial celebration and 4,777
ensure that appropriate observances and exhibits are held at such 4,778
THOSE sites during the bicentennial celebration; 4,780
(3) Receive any proposed plans and programs that may be 4,782
submitted to it by political subdivisions and representative 4,783
civic bodies in connection with the bicentennial celebrations; 4,784
(4) Submit to the governor, the Ohio historical society, 4,786
and the members of the general assembly, at the earliest 4,787
practical time, its recommendations for the bicentennial 4,788
celebration. 4,789
(B)(1) There is hereby created the Ohio bicentennial 4,791
commission. The commission shall consist of fifty-one members. 4,792
The commission shall include and be guided by a sixteen-member 4,794
executive committee. A vacancy on either the executive committee 4,795
or the commission shall be filled for the remainder of the
unexpired term in the same manner as the original appointment. 4,796
98
The commission members shall be appointed by the governor except 4,797
as otherwise provided in divisions (B)(1)(a) to (8)(h) of this 4,799
section. The 4,800
THE executive committee shall consist of the following: 4,802
(1)(a) The governor or his THE GOVERNOR'S representative; 4,805
(2)(b) Two members of the senate appointed by the 4,807
president of the senate, not more than one of whom is a member of 4,808
the same political party; 4,809
(3)(c) Two members of the house of representatives 4,811
appointed by the speaker of the house of representatives, not 4,812
more than one of whom is a member of the same political party; 4,813
(4)(d) The superintendent of public instruction; 4,815
(5)(e) The director of development; 4,817
(6)(f) The director of the Ohio historical society; 4,819
(7)(g) The chief justice of the supreme court or his THE 4,822
CHIEF JUSTICE'S representative; 4,824
(8)(h) The chairman CHAIRPERSON of the capitol square 4,827
review and advisory board; 4,828
(9)(i) Six other residents of this state APPOINTED BY THE 4,830
GOVERNOR, at least one of whom shall be a representative of a 4,832
state university named in section 3345.011 of the Revised Code. 4,833
The
(2) THE executive committee shall select a chairman 4,836
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the commission 4,837
from among the members of the executive committee, and. 4,838
(3) THE EXECUTIVE COMMITTEE shall recommend to the 4,841
governor thirty-five persons for appointment as commission
members. The governor may appoint any person so recommended. No 4,842
person not recommended by the executive committee is eligible for 4,843
appointment to the commission. 4,844
(C)(1) THE MEMBERS OF THE EXECUTIVE COMMITTEE WHO THE 4,846
GOVERNOR APPOINTS UNDER DIVISION (B)(1)(i) OF THIS SECTION ARE 4,847
ENTITLED TO RECEIVE AN ANNUAL COMPENSATION IN THE AMOUNT OF THREE 4,848
THOUSAND DOLLARS FOR CARRYING OUT THEIR OFFICIAL DUTIES AS 4,849
99
MEMBERS OF THE EXECUTIVE COMMITTEE IF THOSE MEMBERS ATTEND AT 4,850
LEAST TWO-THIRDS OF THE MEETINGS OF THE EXECUTIVE COMMITTEE IN A 4,852
GIVEN CALENDAR YEAR. THESE EXECUTIVE COMMITTEE MEMBERS ALSO
SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES 4,853
INCURRED IN CARRYING OUT THEIR OFFICIAL DUTIES. 4,854
(2) THE MEMBERS OF THE EXECUTIVE COMMITTEE REFERRED TO IN 4,856
DIVISIONS (B)(1)(a) TO (h) OF THIS SECTION AND THE MEMBERS OF THE 4,858
COMMISSION REFERRED TO IN DIVISION (B)(3) OF THIS SECTION SHALL 4,859
SERVE WITHOUT ANY ADDITIONAL COMPENSATION, BUT SHALL BE 4,861
REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN
CARRYING OUT THEIR OFFICIAL DUTIES AS EXECUTIVE COMMITTEE MEMBERS 4,862
OR COMMISSION MEMBERS. 4,863
(3) IF THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE 4,865
COMMISSION SELECTED PURSUANT TO DIVISION (B)(2) OF THIS SECTION 4,866
IS AMONG THE MEMBERS OF THE EXECUTIVE COMMITTEE WHOM THE GOVERNOR 4,867
APPOINTS UNDER DIVISION (B)(1)(i) OF THIS SECTION, THE 4,868
CHAIRPERSON OR VICE-CHAIRPERSON IS ENTITLED TO RECEIVE THE ANNUAL 4,870
COMPENSATION PRESCRIBED BY, AS WELL AS ACTUAL AND NECESSARY 4,871
EXPENSE REIMBURSEMENTS AS AUTHORIZED BY, DIVISION (C)(1) OF THIS 4,872
SECTION. IF THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE 4,873
COMMISSION SELECTED PURSUANT TO DIVISION (B)(2) OF THIS SECTION 4,874
IS NOT AMONG THE MEMBERS OF THE EXECUTIVE COMMITTEE WHOM THE 4,875
GOVERNOR APPOINTS UNDER DIVISION (B)(1)(i) OF THIS SECTION, THE 4,876
CHAIRPERSON OR VICE-CHAIRPERSON IS NOT ENTITLED TO RECEIVE ANY 4,878
ADDITIONAL COMPENSATION FOR THE CARRYING OUT OF THE CHAIRPERSON'S 4,880
OR VICE-CHAIRPERSON'S OFFICIAL DUTIES AS AN EXECUTIVE COMMITTEE
MEMBER, AS A MEMBER OF THE COMMISSION, OR AS AN OFFICER OF THE 4,882
COMMISSION, BUT SHALL BE REIMBURSED FOR THE CHAIRPERSON'S OR 4,883
VICE-CHAIRPERSON'S ACTUAL AND NECESSARY EXPENSES INCURRED IN 4,884
CARRYING OUT THOSE OFFICIAL DUTIES.
(D) The director of the Ohio historical society shall 4,886
serve as secretary of the commission. All officers and members 4,887
of the commission shall serve without additional compensation, 4,888
but shall be reimbursed for the actual and necessary expenses 4,889
100
they incur in carrying out their official duties on behalf of the 4,890
commission. The Ohio historical society and the department of 4,891
development shall jointly provide staff, supplies, and equipment 4,892
needed by the commission. The commission may accept gifts and 4,893
donations of money, property, and personal services to carry out 4,894
its duties under this section. The commission may seek 4,895
appropriations from the state and call upon any other state 4,896
departments or agencies for their advice and assistance in 4,897
carrying out the purposes of this section. The Ohio historical 4,898
society shall maintain financial records regarding the 4,899
commission's income and expenditures. 4,900
Sec. 149.43. (A) As used in this section: 4,909
(1) "Public record" means any record that is kept by any 4,911
public office, including, but not limited to, state, county, 4,912
city, village, township, and school district units, except that 4,914
"public record" does not mean any of the following:
(a) Medical records; 4,916
(b) Records pertaining to probation and parole 4,918
proceedings;
(c) Records pertaining to actions under section 2151.85 4,920
and division (C) of section 2919.121 of the Revised Code and to 4,922
appeals of actions arising under those sections; 4,923
(d) Records pertaining to adoption proceedings, including 4,925
the contents of an adoption file maintained by the department of 4,926
health under section 3705.12 of the Revised Code; 4,927
(e) Information in a record contained in the putative 4,929
father registry established by section 3107.062 of the Revised 4,930
Code, regardless of whether the information is held by the 4,931
department of job and family services or, pursuant to section 4,933
5101.313 of the Revised Code, the division of child support in
the department or a child support enforcement agency; 4,934
(f) Records listed in division (A) of section 3107.42 of 4,936
the Revised Code or specified in division (A) of section 3107.52 4,937
of the Revised Code;
101
(g) Trial preparation records; 4,939
(h) Confidential law enforcement investigatory records; 4,941
(i) Records containing information that is confidential 4,943
under section 2317.023 or 4112.05 of the Revised Code; 4,944
(j) DNA records stored in the DNA database pursuant to 4,947
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 4,949
rehabilitation and correction to the department of youth services 4,951
or a court of record pursuant to division (E) of section 5120.21 4,952
of the Revised Code;
(l) Records maintained by the department of youth services 4,954
pertaining to children in its custody released by the department 4,955
of youth services to the department of rehabilitation and 4,956
correction pursuant to section 5139.05 of the Revised Code; 4,957
(m) Intellectual property records; 4,959
(n) Donor profile records; 4,961
(o) Records maintained by the department of human JOB AND 4,963
FAMILY services pursuant to section 5101.312 of the Revised Code; 4,965
(p) Peace officer residential and familial information; 4,967
(q) In the case of a county hospital operated pursuant to 4,970
Chapter 339. of the Revised Code, information that constitutes a 4,972
trade secret, as defined in section 1333.61 of the Revised Code; 4,973
(r) TEST MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED 4,975
IN AN EXAMINATION FOR LICENSURE AS A NURSING HOME ADMINISTRATOR 4,976
THAT THE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS 4,977
ADMINISTERS UNDER SECTION 4751.04 OF THE REVISED CODE OR 4,978
CONTRACTS UNDER THAT SECTION WITH A PRIVATE OR GOVERNMENT ENTITY 4,979
TO ADMINISTER;
(s) Records the release of which is prohibited by state or 4,981
federal law. 4,982
(2) "Confidential law enforcement investigatory record" 4,984
means any record that pertains to a law enforcement matter of a 4,985
criminal, quasi-criminal, civil, or administrative nature, but 4,986
only to the extent that the release of the record would create a 4,987
102
high probability of disclosure of any of the following: 4,988
(a) The identity of a suspect who has not been charged 4,990
with the offense to which the record pertains, or of an 4,991
information source or witness to whom confidentiality has been 4,992
reasonably promised; 4,993
(b) Information provided by an information source or 4,995
witness to whom confidentiality has been reasonably promised, 4,996
which information would reasonably tend to disclose the source's 4,997
or witness's identity; 4,998
(c) Specific confidential investigatory techniques or 5,000
procedures or specific investigatory work product; 5,001
(d) Information that would endanger the life or physical 5,003
safety of law enforcement personnel, a crime victim, a witness, 5,004
or a confidential information source. 5,005
(3) "Medical record" means any document or combination of 5,007
documents, except births, deaths, and the fact of admission to or 5,008
discharge from a hospital, that pertains to the medical history, 5,009
diagnosis, prognosis, or medical condition of a patient and that 5,010
is generated and maintained in the process of medical treatment. 5,011
(4) "Trial preparation record" means any record that 5,013
contains information that is specifically compiled in reasonable 5,014
anticipation of, or in defense of, a civil or criminal action or 5,015
proceeding, including the independent thought processes and 5,016
personal trial preparation of an attorney. 5,017
(5) "Intellectual property record" means a record, other 5,020
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 5,021
higher learning in the conduct of or as a result of study or 5,022
research on an educational, commercial, scientific, artistic, 5,023
technical, or scholarly issue, regardless of whether the study or 5,024
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 5,026
been publicly released, published, or patented. 5,027
(6) "Donor profile record" means all records about donors 5,029
103
or potential donors to a public institution of higher education 5,030
except the names and reported addresses of the actual donors and 5,031
the date, amount, and conditions of the actual donation. 5,032
(7) "Peace officer residential and familial information" 5,034
means information that discloses any of the following: 5,035
(a) The address of the actual personal residence of a 5,037
peace officer, except for the state or political subdivision in 5,038
which the peace officer resides; 5,039
(b) Information compiled from referral to or participation 5,041
in an employee assistance program; 5,042
(c) The social security number, the residential telephone 5,044
number, any bank account, debit card, charge card, or credit card 5,045
number, or the emergency telephone number of, or any medical 5,046
information pertaining to, a peace officer; 5,047
(d) The name of any beneficiary of employment benefits, 5,049
including, but not limited to, life insurance benefits, provided 5,051
to a peace officer by the peace officer's employer; 5,052
(e) The identity and amount of any charitable or 5,054
employment benefit deduction made by the peace officer's employer 5,055
from the peace officer's compensation unless the amount of the 5,056
deduction is required by state or federal law; 5,057
(f) The name, the residential address, the name of the 5,059
employer, the address of the employer, the social security 5,060
number, the residential telephone number, any bank account, debit 5,061
card, charge card, or credit card number, or the emergency 5,062
telephone number of the spouse, a former spouse, or any child of 5,063
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 5,065
"peace officer" has the same meaning as in section 109.71 of the 5,067
Revised Code, except that "peace officer" does not include the 5,068
sheriff of a county or a supervisory employee who, in the absence 5,069
of the sheriff, is authorized to stand in for, exercise the 5,070
authority of, and perform the duties of the sheriff. 5,071
(B)(1) Subject to division (B)(4) of this section, all 5,073
104
public records shall be promptly prepared and made available for 5,075
inspection to any person at all reasonable times during regular 5,076
business hours. Subject to division (B)(4) of this section, upon 5,077
request, a public office or person responsible for public records 5,078
shall make copies available at cost, within a reasonable period 5,079
of time. In order to facilitate broader access to public 5,080
records, public offices shall maintain public records in a manner 5,081
that they can be made available for inspection in accordance with 5,082
this division.
(2) If any person chooses to obtain a copy of a public 5,084
record in accordance with division (B)(1) of this section, the 5,086
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 5,088
upon paper, upon the same medium upon which the public office or 5,089
person responsible for the public record keeps it, or upon any 5,091
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 5,093
duplicated as an integral part of the normal operations of the 5,094
public office or person responsible for the public record. When 5,095
the person seeking the copy makes a choice under this division, 5,096
the public office or person responsible for the public record 5,097
shall provide a copy of it in accordance with the choice made by 5,099
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 5,101
of this section, a public office or person responsible for public 5,102
records shall transmit a copy of a public record to any person by 5,103
United States mail within a reasonable period of time after 5,104
receiving the request for the copy. The public office or person 5,106
responsible for the public record may require the person making 5,107
the request to pay in advance the cost of postage and other 5,108
supplies used in the mailing. 5,109
Any public office may adopt a policy and procedures that it 5,112
will follow in transmitting, within a reasonable period of time 5,113
after receiving a request, copies of public records by United 5,115
105
States mail pursuant to this division. A public office that 5,117
adopts a policy and procedures under this division shall comply 5,118
with them in performing its duties under this division. 5,119
In any policy and procedures adopted under this division, a 5,121
public office may limit the number of records requested by a 5,122
person that the office will transmit by United States mail to ten 5,123
per month, unless the person certifies to the office in writing 5,124
that the person does not intend to use or forward the requested 5,125
records, or the information contained in them, for commercial 5,127
purposes. For purposes of this division, "commercial" shall be 5,128
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 5,129
oversight or understanding of the operation or activities of 5,130
government, or nonprofit educational research. 5,131
(4) A public office or person responsible for public 5,133
records is not required to permit a person who is incarcerated 5,134
pursuant to a criminal conviction or a juvenile adjudication to 5,135
inspect or to obtain a copy of any public record concerning a 5,136
criminal investigation or prosecution or concerning what would be 5,137
a criminal investigation or prosecution if the subject of the 5,138
investigation or prosecution were an adult, unless the request to 5,139
inspect or to obtain a copy of the record is for the purpose of 5,140
acquiring information that is subject to release as a public 5,141
record under this section and the judge who imposed the sentence 5,142
or made the adjudication with respect to the person, or the 5,143
judge's successor in office, finds that the information sought in 5,144
the public record is necessary to support what appears to be a 5,145
justiciable claim of the person. 5,146
(5) Upon written request made and signed by a journalist 5,148
on or after the effective date of this amendment DECEMBER 16, 5,149
1999, a public office, or person responsible for public records, 5,151
having custody of the records of the agency employing a specified 5,152
peace officer shall disclose to the journalist the address of the 5,154
actual personal residence of the peace officer and, if the peace 5,155
106
officer's spouse, former spouse, or child is employed by a public 5,156
office, the name and address of the employer of the peace 5,157
officer's spouse, former spouse, or child. The request shall 5,158
include the journalist's name and title and the name and address 5,159
of the journalist's employer and shall state that disclosure of 5,160
the information sought would be in the public interest. 5,161
As used in division (B)(5) of this section, "journalist" 5,163
means a person engaged in, connected with, or employed by any 5,164
news medium, including a newspaper, magazine, press association, 5,165
news agency, or wire service, a radio or television station, or a 5,166
similar medium, for the purpose of gathering, processing, 5,167
transmitting, compiling, editing, or disseminating information 5,168
for the general public. 5,169
(C) If a person allegedly is aggrieved by the failure of a 5,171
public office to promptly prepare a public record and to make it 5,173
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 5,175
copy of a public record allegedly is aggrieved by the failure of 5,176
a public office or the person responsible for the public record 5,178
to make a copy available to the person allegedly aggrieved in 5,179
accordance with division (B) of this section, the person 5,180
allegedly aggrieved may commence a mandamus action to obtain a 5,181
judgment that orders the public office or the person responsible 5,182
for the public record to comply with division (B) of this section 5,183
and that awards reasonable attorney's fees to the person that 5,184
instituted the mandamus action. The mandamus action may be 5,185
commenced in the court of common pleas of the county in which 5,186
division (B) of this section allegedly was not complied with, in 5,187
the supreme court pursuant to its original jurisdiction under 5,188
Section 2 of Article IV, Ohio Constitution, or in the court of 5,189
appeals for the appellate district in which division (B) of this 5,190
section allegedly was not complied with pursuant to its original 5,191
jurisdiction under Section 3 of Article IV, Ohio Constitution. 5,192
(D) Chapter 1347. of the Revised Code does not limit the 5,194
107
provisions of this section. 5,195
(E)(1) The bureau of motor vehicles may adopt rules 5,197
pursuant to Chapter 119. of the Revised Code to reasonably limit 5,199
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 5,200
calendar year. The rules may include provisions for charges to 5,201
be made for bulk commercial special extraction requests for the 5,203
actual cost of the bureau, plus special extraction costs, plus 5,204
ten per cent. The bureau may charge for expenses for redacting 5,205
information, the release of which is prohibited by law. 5,206
(2) As used in divisions (B)(3) and (E)(1) of this 5,208
section:
(a) "Actual cost" means the cost of depleted supplies, 5,210
records storage media costs, actual mailing and alternative 5,211
delivery costs, or other transmitting costs, and any direct 5,212
equipment operating and maintenance costs, including actual costs 5,213
paid to private contractors for copying services. 5,214
(b) "Bulk commercial special extraction request" means a 5,216
request for copies of a record for information in a format other 5,217
than the format already available, or information that cannot be 5,218
extracted without examination of all items in a records series, 5,219
class of records, or data base by a person who intends to use or 5,220
forward the copies for surveys, marketing, solicitation, or 5,221
resale for commercial purposes. "Bulk commercial special 5,222
extraction request" does not include a request by a person who 5,223
gives assurance to the bureau that the person making the request 5,224
does not intend to use or forward the requested copies for 5,225
surveys, marketing, solicitation, or resale for commercial 5,226
purposes.
(c) "Commercial" means profit-seeking production, buying, 5,228
or selling of any good, service, or other product. 5,229
(d) "Special extraction costs" means the cost of the time 5,231
spent by the lowest paid employee competent to perform the task, 5,232
the actual amount paid to outside private contractors employed by 5,233
108
the bureau, or the actual cost incurred to create computer 5,234
programs to make the special extraction. "Special extraction 5,235
costs" include any charges paid to a public agency for computer
or records services. 5,236
(3) For purposes of divisions (E)(1) and (2) of this 5,239
section, "commercial surveys, marketing, solicitation, or resale" 5,240
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 5,242
citizen oversight or understanding of the operation or activities 5,243
of government, or nonprofit educational research. 5,244
Sec. 151.01. (A) AS USED IN SECTIONS 151.01 TO 151.08 OF 5,246
THE REVISED CODE AND IN THE APPLICABLE BOND PROCEEDINGS UNLESS 5,247
OTHERWISE PROVIDED: 5,248
(1) "BOND PROCEEDINGS" MEANS THE RESOLUTIONS, ORDERS, 5,250
AGREEMENTS, AND CREDIT ENHANCEMENT FACILITIES, AND AMENDMENTS AND 5,251
SUPPLEMENTS TO THEM, OR ANY ONE OR MORE OR COMBINATION OF THEM, 5,252
AUTHORIZING, AWARDING, OR PROVIDING FOR THE TERMS AND CONDITIONS 5,253
APPLICABLE TO OR PROVIDING FOR THE SECURITY OR LIQUIDITY OF, THE 5,254
PARTICULAR OBLIGATIONS, AND THE PROVISIONS CONTAINED IN THOSE 5,255
OBLIGATIONS.
(2) "BOND SERVICE FUND" MEANS THE RESPECTIVE BOND SERVICE 5,257
FUND CREATED BY SECTION 151.03, 151.04, 151.05, 151.06, 151.07, 5,258
OR 151.08 OF THE REVISED CODE, AND ANY ACCOUNTS IN THAT FUND, 5,260
INCLUDING ALL MONEYS AND INVESTMENTS, AND EARNINGS FROM 5,261
INVESTMENTS, CREDITED AND TO BE CREDITED TO THAT FUND AND 5,262
ACCOUNTS AS AND TO THE EXTENT PROVIDED IN THE APPLICABLE BOND 5,263
PROCEEDINGS.
(3) "CAPITAL FACILITIES" MEANS CAPITAL FACILITIES OR 5,265
PROJECTS AS REFERRED TO IN SECTION 151.03, 151.04, 151.05, 5,266
151.06, 151.07, OR 151.08 OF THE REVISED CODE. 5,267
(4) "COSTS OF CAPITAL FACILITIES" MEANS THE COSTS OF 5,269
ACQUIRING, CONSTRUCTING, RECONSTRUCTING, REHABILITATING, 5,270
REMODELING, RENOVATING, ENLARGING, IMPROVING, EQUIPPING, OR 5,271
FURNISHING CAPITAL FACILITIES, AND OF THE FINANCING OF THOSE 5,272
109
COSTS. "COSTS OF CAPITAL FACILITIES" INCLUDES, WITHOUT 5,273
LIMITATION, AND IN ADDITION TO COSTS REFERRED TO IN SECTION 5,274
151.03, 151.04, 151.05, 151.06, 151.07, OR 151.08 OF THE REVISED 5,275
CODE, THE COST OF CLEARANCE AND PREPARATION OF THE SITE AND OF 5,276
ANY LAND TO BE USED IN CONNECTION WITH CAPITAL FACILITIES, THE 5,277
COST OF ANY INDEMNITY AND SURETY BONDS AND PREMIUMS ON INSURANCE, 5,278
ALL RELATED DIRECT ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS 5,279
OF DIRECT COSTS OF THE ISSUING AUTHORITY, COSTS OF ENGINEERING 5,280
AND ARCHITECTURAL SERVICES, DESIGNS, PLANS, SPECIFICATIONS, 5,281
SURVEYS, AND ESTIMATES OF COST, FINANCING COSTS, INTEREST ON 5,282
OBLIGATIONS FROM THEIR DATE TO THE TIME WHEN INTEREST IS TO BE 5,283
PAID FROM SOURCES OTHER THAN PROCEEDS OF OBLIGATIONS, AMOUNTS 5,284
NECESSARY TO ESTABLISH ANY RESERVES AS REQUIRED BY THE BOND 5,285
PROCEEDINGS, THE REIMBURSEMENT OF ALL MONEYS ADVANCED OR APPLIED 5,286
BY OR BORROWED FROM ANY PERSON OR GOVERNMENTAL AGENCY OR ENTITY 5,287
FOR THE PAYMENT OF ANY ITEM OF COSTS OF CAPITAL FACILITIES, AND 5,288
ALL OTHER EXPENSES NECESSARY OR INCIDENT TO PLANNING OR
DETERMINING FEASIBILITY OR PRACTICABILITY WITH RESPECT TO CAPITAL 5,289
FACILITIES, AND SUCH OTHER EXPENSES AS MAY BE NECESSARY OR 5,290
INCIDENT TO THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, 5,291
REHABILITATION, REMODELING, RENOVATION, ENLARGEMENT, IMPROVEMENT, 5,292
EQUIPMENT, AND FURNISHING OF CAPITAL FACILITIES, THE FINANCING OF 5,293
THOSE COSTS, AND THE PLACING OF THE CAPITAL FACILITIES IN USE AND 5,294
OPERATION, INCLUDING ANY ONE, PART OF, OR COMBINATION OF THOSE 5,295
CLASSES OF COSTS AND EXPENSES. 5,296
(5) "CREDIT ENHANCEMENT FACILITIES," "FINANCING COSTS," 5,298
AND "INTEREST" OR "INTEREST EQUIVALENT" HAVE THE SAME MEANINGS AS 5,299
IN SECTION 133.01 OF THE REVISED CODE. 5,300
(6) "DEBT SERVICE" MEANS PRINCIPAL, INCLUDING ANY 5,302
MANDATORY SINKING FUND OR REDEMPTION REQUIREMENTS FOR RETIREMENT 5,303
OF OBLIGATIONS, INTEREST AND OTHER ACCRETED AMOUNTS, INTEREST 5,304
EQUIVALENT, AND ANY REDEMPTION PREMIUM, PAYABLE ON OBLIGATIONS. 5,305
IF NOT PROHIBITED BY THE APPLICABLE BOND PROCEEDINGS, DEBT 5,306
SERVICE INCLUDES COSTS RELATING TO CREDIT ENHANCEMENT FACILITIES 5,307
110
THAT ARE RELATED TO AND REPRESENT, OR ARE INTENDED TO PROVIDE A 5,308
SOURCE OF PAYMENT OF OR LIMITATION ON, OTHER DEBT SERVICE. 5,310
(7) "ISSUING AUTHORITY" MEANS THE OHIO PUBLIC FACILITIES 5,312
COMMISSION CREATED IN SECTION 151.02 OF THE REVISED CODE FOR 5,314
OBLIGATIONS ISSUED UNDER SECTION 151.03, 151.04, 151.05, OR 5,315
151.07 OF THE REVISED CODE, OR THE TREASURER OF STATE, OR THE 5,317
OFFICER WHO BY LAW PERFORMS THE FUNCTIONS OF THAT OFFICE, FOR 5,318
OBLIGATIONS ISSUED UNDER SECTION 151.06 OR 151.08 OF THE REVISED 5,319
CODE.
(8) "NET PROCEEDS" MEANS AMOUNTS RECEIVED FROM THE SALE OF 5,321
OBLIGATIONS, EXCLUDING AMOUNTS USED TO REFUND OR RETIRE 5,322
OUTSTANDING OBLIGATIONS, AMOUNTS REQUIRED TO BE DEPOSITED INTO 5,323
SPECIAL FUNDS PURSUANT TO THE APPLICABLE BOND PROCEEDINGS, AND 5,324
AMOUNTS TO BE USED TO PAY FINANCING COSTS. 5,325
(9) "OBLIGATIONS" MEANS BONDS, NOTES, OR OTHER EVIDENCES 5,327
OF OBLIGATION OF THE STATE, INCLUDING ANY APPERTAINING INTEREST 5,328
COUPONS, ISSUED PURSUANT TO SECTIONS 151.01 TO 151.08 OF THE 5,329
REVISED CODE.
(10) "PRINCIPAL AMOUNT" MEANS THE AGGREGATE OF THE AMOUNT 5,331
AS STATED OR PROVIDED FOR IN THE APPLICABLE BOND PROCEEDINGS AS 5,332
THE AMOUNT ON WHICH INTEREST OR INTEREST EQUIVALENT ON PARTICULAR 5,333
OBLIGATIONS IS INITIALLY CALCULATED. PRINCIPAL AMOUNT DOES NOT 5,334
INCLUDE ANY PREMIUM PAID TO THE STATE BY THE INITIAL PURCHASER OF 5,335
THE OBLIGATIONS. 5,336
(11) "SPECIAL FUNDS" OR "FUNDS," UNLESS THE CONTEXT 5,338
INDICATES OTHERWISE, MEANS THE BOND SERVICE FUND, AND ANY OTHER 5,339
FUNDS, INCLUDING ANY RESERVE FUNDS, CREATED UNDER THE BOND 5,340
PROCEEDINGS AND STATED TO BE SPECIAL FUNDS IN THOSE PROCEEDINGS, 5,341
INCLUDING MONEYS AND INVESTMENTS, AND EARNINGS FROM INVESTMENTS, 5,342
CREDITED AND TO BE CREDITED TO THE PARTICULAR FUND. SPECIAL 5,343
FUNDS DO NOT INCLUDE THE SCHOOL BUILDING PROGRAM ASSISTANCE FUND 5,344
CREATED BY SECTION 3318.25 OF THE REVISED CODE, THE HIGHER 5,345
EDUCATION IMPROVEMENT FUND CREATED BY DIVISION (F) OF SECTION 5,346
154.21 OF THE REVISED CODE, THE HIGHWAY CAPITAL IMPROVEMENT BOND 5,347
111
FUND CREATED BY SECTION 5528.53 OF THE REVISED CODE, THE STATE
PARKS AND NATURAL RESOURCES FUND CREATED BY SECTION 1557.02 OF 5,349
THE REVISED CODE, THE COAL RESEARCH AND DEVELOPMENT FUND CREATED 5,350
BY SECTION 1555.15 OF THE REVISED CODE, OR OTHER FUNDS CREATED BY 5,351
THE BOND PROCEEDINGS THAT ARE NOT STATED BY THOSE PROCEEDINGS TO 5,352
BE SPECIAL FUNDS.
(B) SUBJECT TO SECTION 2l, 2m, 2n, OR 15, AND SECTION 17 5,355
OF ARTICLE VIII, OHIO CONSTITUTION, THE STATE, BY THE ISSUING 5,357
AUTHORITY, IS AUTHORIZED TO ISSUE AND SELL, AS PROVIDED IN 5,358
SECTIONS 151.03 TO 151.08 OF THE REVISED CODE, AND IN RESPECTIVE 5,359
AGGREGATE PRINCIPAL AMOUNTS AS FROM TIME TO TIME PROVIDED OR 5,360
AUTHORIZED BY THE GENERAL ASSEMBLY, GENERAL OBLIGATIONS OF THIS 5,361
STATE FOR THE PURPOSE OF PAYING COSTS OF CAPITAL FACILITIES OR 5,362
PROJECTS IDENTIFIED BY OR PURSUANT TO GENERAL ASSEMBLY ACTION. 5,363
(C) EACH ISSUE OF OBLIGATIONS SHALL BE AUTHORIZED BY 5,365
RESOLUTION OR ORDER OF THE ISSUING AUTHORITY. THE BOND 5,366
PROCEEDINGS SHALL PROVIDE FOR OR AUTHORIZE THE MANNER FOR 5,367
DETERMINING THE PRINCIPAL AMOUNT OR MAXIMUM PRINCIPAL AMOUNT OF 5,368
OBLIGATIONS OF AN ISSUE, THE PRINCIPAL MATURITY OR MATURITIES, 5,369
THE INTEREST RATE OR RATES, THE DATE OF AND THE DATES OF PAYMENT 5,370
OF INTEREST ON THE OBLIGATIONS, THEIR DENOMINATIONS, AND THE 5,371
PLACE OR PLACES OF PAYMENT OF DEBT SERVICE WHICH MAY BE WITHIN OR 5,372
OUTSIDE THE STATE. UNLESS OTHERWISE PROVIDED BY LAW, THE LATEST 5,373
PRINCIPAL MATURITY MAY NOT BE LATER THAN THE EARLIER OF THE 5,374
THIRTY-FIRST DAY OF DECEMBER OF THE TWENTY-FIFTH CALENDAR YEAR 5,375
AFTER THE YEAR OF ISSUANCE OF THE PARTICULAR OBLIGATIONS OR OF 5,376
THE TWENTY-FIFTH CALENDAR YEAR AFTER THE YEAR IN WHICH THE 5,377
ORIGINAL OBLIGATION TO PAY WAS ISSUED OR ENTERED INTO. SECTIONS 5,378
9.96, 9.98, 9.981, 9.982, AND 9.983 OF THE REVISED CODE APPLY TO
OBLIGATIONS. THE PURPOSE OF THE OBLIGATIONS MAY BE STATED IN THE 5,380
BOND PROCEEDINGS IN GENERAL TERMS, SUCH AS, AS APPLICABLE, 5,381
"FINANCING OR ASSISTING IN THE FINANCING OF PROJECTS AS PROVIDED 5,382
IN SECTION 2l OF ARTICLE VIII, OHIO CONSTITUTION," "FINANCING OR 5,384
ASSISTING IN THE FINANCING OF HIGHWAY CAPITAL IMPROVEMENT 5,385
112
PROJECTS AS PROVIDED IN SECTION 2m OF ARTICLE VIII, OHIO 5,387
CONSTITUTION," "PAYING COSTS OF CAPITAL FACILITIES FOR A SYSTEM 5,388
OF COMMON SCHOOLS THROUGHOUT THE STATE AS AUTHORIZED BY SECTION 5,389
2n OF ARTICLE VIII, OHIO CONSTITUTION," "PAYING COSTS OF CAPITAL 5,391
FACILITIES FOR STATE-SUPPORTED AND STATE-ASSISTED INSTITUTIONS OF 5,392
HIGHER EDUCATION AS AUTHORIZED BY SECTION 2n OF ARTICLE VIII, 5,394
OHIO CONSTITUTION," "PAYING COSTS OF COAL RESEARCH AND 5,396
DEVELOPMENT AS AUTHORIZED BY SECTION 15 OF ARTICLE VIII, OHIO 5,398
CONSTITUTION," OR "FINANCING OR ASSISTING IN THE FINANCING OF 5,399
LOCAL SUBDIVISION CAPITAL IMPROVEMENT PROJECTS AS AUTHORIZED BY 5,400
SECTION 2m OF ARTICLE VIII, OHIO CONSTITUTION." 5,405
(D) THE ISSUING AUTHORITY MAY APPOINT OR PROVIDE FOR THE 5,407
APPOINTMENT OF PAYING AGENTS, BOND REGISTRARS, SECURITIES 5,408
DEPOSITORIES, CLEARING CORPORATIONS, AND TRANSFER AGENTS, AND MAY 5,409
WITHOUT NEED FOR ANY OTHER APPROVAL RETAIN OR CONTRACT FOR THE 5,410
SERVICES OF UNDERWRITERS, INVESTMENT BANKERS, FINANCIAL ADVISERS, 5,412
ACCOUNTING EXPERTS, MARKETING, REMARKETING, INDEXING, AND 5,413
ADMINISTRATIVE AGENTS, OTHER CONSULTANTS, AND INDEPENDENT 5,414
CONTRACTORS, INCLUDING PRINTING SERVICES, AS ARE NECESSARY IN THE 5,415
JUDGMENT OF THE ISSUING AUTHORITY TO CARRY OUT ITS FUNCTIONS 5,416
UNDER CHAPTER 151. OF THE REVISED CODE. WHEN THE ISSUING 5,417
AUTHORITY IS THE OHIO PUBLIC FACILITIES COMMISSION, THE ISSUING 5,418
AUTHORITY ALSO MAY WITHOUT NEED FOR ANY OTHER APPROVAL RETAIN OR 5,419
CONTRACT FOR THE SERVICES OF ATTORNEYS AND OTHER PROFESSIONALS 5,420
FOR THAT PURPOSE. FINANCING COSTS ARE PAYABLE, AS MAY BE 5,422
PROVIDED IN THE BOND PROCEEDINGS, FROM THE PROCEEDS OF THE 5,423
OBLIGATIONS, FROM SPECIAL FUNDS, OR FROM OTHER MONEYS AVAILABLE 5,424
FOR THE PURPOSE.
(E) THE BOND PROCEEDINGS MAY CONTAIN ADDITIONAL PROVISIONS 5,426
CUSTOMARY OR APPROPRIATE TO THE FINANCING OR TO THE OBLIGATIONS 5,427
OR TO PARTICULAR OBLIGATIONS INCLUDING, BUT NOT LIMITED TO, 5,428
PROVISIONS FOR: 5,429
(1) THE REDEMPTION OF OBLIGATIONS PRIOR TO MATURITY AT THE 5,431
OPTION OF THE STATE OR OF THE HOLDER OR UPON THE OCCURRENCE OF 5,432
113
CERTAIN CONDITIONS, AND AT PARTICULAR PRICE OR PRICES AND UNDER 5,433
PARTICULAR TERMS AND CONDITIONS; 5,434
(2) THE FORM OF AND OTHER TERMS OF THE OBLIGATIONS; 5,436
(3) THE ESTABLISHMENT, DEPOSIT, INVESTMENT, AND 5,438
APPLICATION OF SPECIAL FUNDS, AND THE SAFEGUARDING OF MONEYS ON 5,439
HAND OR ON DEPOSIT, IN LIEU OF THE APPLICABILITY OF PROVISIONS OF 5,440
CHAPTER 131. OR 135. OF THE REVISED CODE, BUT SUBJECT TO ANY 5,441
SPECIAL PROVISIONS OF SECTIONS 151.01 TO 151.08 OF THE REVISED 5,442
CODE WITH RESPECT TO THE APPLICATION OF PARTICULAR FUNDS OR 5,443
MONEYS. ANY FINANCIAL INSTITUTION THAT ACTS AS A DEPOSITORY OF 5,444
ANY MONEYS IN SPECIAL FUNDS OR OTHER FUNDS UNDER THE BOND 5,445
PROCEEDINGS MAY FURNISH INDEMNIFYING BONDS OR PLEDGE SECURITIES 5,446
AS REQUIRED BY THE ISSUING AUTHORITY. 5,447
(4) ANY OR EVERY PROVISION OF THE BOND PROCEEDINGS BEING 5,449
BINDING UPON THE ISSUING AUTHORITY AND UPON SUCH GOVERNMENTAL 5,450
AGENCY OR ENTITY, OFFICER, BOARD, COMMISSION, AUTHORITY, AGENCY, 5,451
DEPARTMENT, INSTITUTION, DISTRICT, OR OTHER PERSON OR BODY AS MAY 5,452
FROM TIME TO TIME BE AUTHORIZED TO TAKE ACTIONS AS MAY BE 5,453
NECESSARY TO PERFORM ALL OR ANY PART OF THE DUTY REQUIRED BY THE 5,454
PROVISION;
(5) THE MAINTENANCE OF EACH PLEDGE OR INSTRUMENT 5,456
COMPRISING PART OF THE BOND PROCEEDINGS UNTIL THE STATE HAS FULLY 5,457
PAID OR PROVIDED FOR THE PAYMENT OF THE DEBT SERVICE ON THE 5,458
OBLIGATIONS OR MET OTHER STATED CONDITIONS; 5,459
(6) IN THE EVENT OF DEFAULT IN ANY PAYMENTS REQUIRED TO BE 5,461
MADE BY THE BOND PROCEEDINGS, OR BY ANY OTHER AGREEMENT OF THE 5,462
ISSUING AUTHORITY MADE AS PART OF A CONTRACT UNDER WHICH THE 5,463
OBLIGATIONS WERE ISSUED OR SECURED, INCLUDING A CREDIT 5,464
ENHANCEMENT FACILITY, THE ENFORCEMENT OF THOSE PAYMENTS BY 5,465
MANDAMUS, A SUIT IN EQUITY, AN ACTION AT LAW, OR ANY COMBINATION 5,466
OF THOSE REMEDIAL ACTIONS;
(7) THE RIGHTS AND REMEDIES OF THE HOLDERS OR OWNERS OF 5,468
OBLIGATIONS OR OF BOOK-ENTRY INTERESTS IN THEM, AND OF THIRD 5,469
PARTIES UNDER ANY CREDIT ENHANCEMENT FACILITY, AND PROVISIONS FOR 5,470
114
PROTECTING AND ENFORCING THOSE RIGHTS AND REMEDIES, INCLUDING 5,471
LIMITATIONS ON RIGHTS OF INDIVIDUAL HOLDERS OR OWNERS; 5,472
(8) THE REPLACEMENT OF MUTILATED, DESTROYED, LOST, OR 5,474
STOLEN OBLIGATIONS; 5,475
(9) THE FUNDING, REFUNDING, OR ADVANCE REFUNDING, OR OTHER 5,477
PROVISION FOR PAYMENT, OF OBLIGATIONS THAT WILL THEN NO LONGER BE 5,478
OUTSTANDING FOR PURPOSES OF THIS SECTION OR OF THE APPLICABLE 5,479
BOND PROCEEDINGS; 5,480
(10) AMENDMENT OF THE BOND PROCEEDINGS; 5,482
(11) ANY OTHER OR ADDITIONAL AGREEMENTS WITH THE OWNERS OF 5,484
OBLIGATIONS, AND SUCH OTHER PROVISIONS AS THE ISSUING AUTHORITY 5,485
DETERMINES, INCLUDING LIMITATIONS, CONDITIONS, OR QUALIFICATIONS, 5,486
RELATING TO ANY OF THE FOREGOING. 5,487
(F) THE GREAT SEAL OF THE STATE OR A FACSIMILE OF IT MAY 5,489
BE AFFIXED TO OR PRINTED ON THE OBLIGATIONS. THE OBLIGATIONS 5,490
REQUIRING EXECUTION BY OR FOR THE ISSUING AUTHORITY SHALL BE 5,491
SIGNED AS PROVIDED IN THE BOND PROCEEDINGS. ANY OBLIGATIONS MAY 5,492
BE SIGNED BY THE INDIVIDUAL WHO ON THE DATE OF EXECUTION IS THE 5,493
AUTHORIZED SIGNER ALTHOUGH ON THE DATE OF THESE OBLIGATIONS THAT 5,494
INDIVIDUAL IS NOT AN AUTHORIZED SIGNER. IN CASE THE INDIVIDUAL 5,495
WHOSE SIGNATURE OR FACSIMILE SIGNATURE APPEARS ON ANY OBLIGATION 5,496
CEASES TO BE AN AUTHORIZED SIGNER BEFORE DELIVERY OF THE 5,497
OBLIGATION, THAT SIGNATURE OR FACSIMILE IS NEVERTHELESS VALID AND 5,498
SUFFICIENT FOR ALL PURPOSES AS IF THAT INDIVIDUAL HAD REMAINED 5,499
THE AUTHORIZED SIGNER UNTIL DELIVERY. 5,500
(G) OBLIGATIONS ARE INVESTMENT SECURITIES UNDER CHAPTER 5,502
1308. OF THE REVISED CODE. OBLIGATIONS MAY BE ISSUED IN BEARER 5,504
OR IN REGISTERED FORM, REGISTRABLE AS TO PRINCIPAL ALONE OR AS TO 5,505
BOTH PRINCIPAL AND INTEREST, OR BOTH, OR IN CERTIFICATED OR 5,506
UNCERTIFICATED FORM, AS THE ISSUING AUTHORITY DETERMINES. 5,507
PROVISION MAY BE MADE FOR THE EXCHANGE, CONVERSION, OR TRANSFER 5,508
OF OBLIGATIONS AND FOR REASONABLE CHARGES FOR REGISTRATION, 5,509
EXCHANGE, CONVERSION, AND TRANSFER. PENDING PREPARATION OF FINAL 5,510
OBLIGATIONS, THE ISSUING AUTHORITY MAY PROVIDE FOR THE ISSUANCE 5,511
115
OF INTERIM INSTRUMENTS TO BE EXCHANGED FOR THE FINAL OBLIGATIONS. 5,512
(H) OBLIGATIONS MAY BE SOLD AT PUBLIC SALE OR AT PRIVATE 5,514
SALE, IN SUCH MANNER, AND AT SUCH PRICE AT, ABOVE OR BELOW PAR, 5,515
ALL AS DETERMINED BY AND PROVIDED BY THE ISSUING AUTHORITY IN THE 5,517
BOND PROCEEDINGS.
(I) EXCEPT TO THE EXTENT THAT RIGHTS ARE RESTRICTED BY THE 5,519
BOND PROCEEDINGS, ANY OWNER OF OBLIGATIONS OR PROVIDER OF A 5,520
CREDIT ENHANCEMENT FACILITY MAY BY ANY SUITABLE FORM OF LEGAL 5,521
PROCEEDINGS PROTECT AND ENFORCE ANY RIGHTS RELATING TO 5,522
OBLIGATIONS OR THAT FACILITY UNDER THE LAWS OF THIS STATE OR 5,523
GRANTED BY THE BOND PROCEEDINGS. THOSE RIGHTS INCLUDE THE RIGHT 5,524
TO COMPEL THE PERFORMANCE OF ALL APPLICABLE DUTIES OF THE ISSUING 5,525
AUTHORITY AND THE STATE. EACH DUTY OF THE ISSUING AUTHORITY AND 5,526
THAT AUTHORITY'S OFFICERS, STAFF, AND EMPLOYEES, AND OF EACH 5,527
STATE ENTITY OR AGENCY, OR USING DISTRICT OR USING INSTITUTION, 5,528
AND ITS OFFICERS, MEMBERS, STAFF, OR EMPLOYEES, UNDERTAKEN 5,529
PURSUANT TO THE BOND PROCEEDINGS, IS HEREBY ESTABLISHED AS A DUTY 5,530
OF THE ENTITY OR INDIVIDUAL HAVING AUTHORITY TO PERFORM THAT 5,531
DUTY, SPECIFICALLY ENJOINED BY LAW AND RESULTING FROM AN OFFICE, 5,532
TRUST, OR STATION WITHIN THE MEANING OF SECTION 2731.01 OF THE 5,533
REVISED CODE. THE INDIVIDUALS WHO ARE FROM TIME TO TIME THE 5,534
ISSUING AUTHORITY, MEMBERS OR OFFICERS OF THE ISSUING AUTHORITY, 5,536
OR THOSE MEMBERS' DESIGNEES ACTING PURSUANT TO SECTION 154.02 OF 5,537
THE REVISED CODE, OR THE ISSUING AUTHORITY'S OFFICERS, STAFF, OR 5,538
EMPLOYEES, ARE NOT LIABLE IN THEIR PERSONAL CAPACITIES ON ANY
OBLIGATIONS OR OTHERWISE UNDER THE BOND PROCEEDINGS. 5,539
(J)(1) SUBJECT TO SECTION 2l, 2m, 2n, OR 15, AND SECTION 5,542
17, OF ARTICLE VIII, OHIO CONSTITUTION AND SECTIONS 151.01 TO 5,544
151.08 OF THE REVISED CODE, THE ISSUING AUTHORITY MAY, IN 5,545
ADDITION TO THE AUTHORITY REFERRED TO IN DIVISION (B) OF THIS 5,546
SECTION, AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF: 5,547
(a) OBLIGATIONS IN THE FORM OF BOND ANTICIPATION NOTES, 5,549
AND MAY PROVIDE FOR THE RENEWAL OF THOSE NOTES FROM TIME TO TIME 5,550
BY THE ISSUANCE OF NEW NOTES. THE HOLDERS OF NOTES OR 5,551
116
APPERTAINING INTEREST COUPONS HAVE THE RIGHT TO HAVE DEBT SERVICE 5,552
ON THOSE NOTES PAID SOLELY FROM THE MONEYS AND SPECIAL FUNDS THAT 5,553
ARE OR MAY BE PLEDGED TO THAT PAYMENT, INCLUDING THE PROCEEDS OF 5,554
BONDS OR RENEWAL NOTES OR BOTH, AS THE ISSUING AUTHORITY PROVIDES 5,555
IN THE BOND PROCEEDINGS AUTHORIZING THE NOTES. NOTES MAY BE 5,556
ADDITIONALLY SECURED BY COVENANTS OF THE ISSUING AUTHORITY TO THE 5,557
EFFECT THAT THE ISSUING AUTHORITY AND THE STATE WILL DO ALL 5,558
THINGS NECESSARY FOR THE ISSUANCE OF BONDS OR RENEWAL NOTES IN 5,559
SUCH PRINCIPAL AMOUNT AND UPON SUCH TERMS AS MAY BE NECESSARY TO 5,560
PROVIDE MONEYS TO PAY WHEN DUE THE DEBT SERVICE ON THE NOTES, AND 5,561
APPLY THEIR PROCEEDS TO THE EXTENT NECESSARY, TO MAKE FULL AND 5,562
TIMELY PAYMENT OF DEBT SERVICE ON THE NOTES AS PROVIDED IN THE 5,563
APPLICABLE BOND PROCEEDINGS. IN THE BOND PROCEEDINGS AUTHORIZING 5,565
THE ISSUANCE OF BOND ANTICIPATION NOTES THE ISSUING AUTHORITY 5,566
SHALL SET FORTH FOR THE BONDS ANTICIPATED AN ESTIMATED SCHEDULE 5,567
OF ANNUAL PRINCIPAL PAYMENTS THE LATEST OF WHICH SHALL BE NO 5,568
LATER THAN PROVIDED IN DIVISION (C) OF THIS SECTION. WHILE THE 5,569
NOTES ARE OUTSTANDING THERE SHALL BE DEPOSITED, AS SHALL BE 5,570
PROVIDED IN THE BOND PROCEEDINGS FOR THOSE NOTES, FROM THE 5,571
SOURCES AUTHORIZED FOR PAYMENT OF DEBT SERVICE ON THE BONDS, 5,572
AMOUNTS SUFFICIENT TO PAY THE PRINCIPAL OF THE BONDS ANTICIPATED 5,573
AS SET FORTH IN THAT ESTIMATED SCHEDULE DURING THE TIME THE NOTES 5,574
ARE OUTSTANDING, WHICH AMOUNTS SHALL BE USED SOLELY TO PAY THE 5,575
PRINCIPAL OF THOSE NOTES OR OF THE BONDS ANTICIPATED. 5,576
(b) OBLIGATIONS FOR THE REFUNDING, INCLUDING FUNDING AND 5,578
RETIREMENT, AND ADVANCE REFUNDING WITH OR WITHOUT PAYMENT OR 5,579
REDEMPTION PRIOR TO MATURITY, OF ANY OBLIGATIONS PREVIOUSLY 5,580
ISSUED. REFUNDING OBLIGATIONS MAY BE ISSUED IN AMOUNTS 5,581
SUFFICIENT TO PAY OR TO PROVIDE FOR REPAYMENT OF THE PRINCIPAL 5,582
AMOUNT, INCLUDING PRINCIPAL AMOUNTS MATURING PRIOR TO THE 5,583
REDEMPTION OF THE REMAINING PRIOR OBLIGATIONS, ANY REDEMPTION 5,584
PREMIUM, AND INTEREST ACCRUED OR TO ACCRUE TO THE MATURITY OR 5,585
REDEMPTION DATE OR DATES, PAYABLE ON THE PRIOR OBLIGATIONS, AND 5,586
RELATED FINANCING COSTS AND ANY EXPENSES INCURRED OR TO BE 5,587
117
INCURRED IN CONNECTION WITH THAT ISSUANCE AND REFUNDING. SUBJECT 5,588
TO THE APPLICABLE BOND PROCEEDINGS, THE PORTION OF THE PROCEEDS 5,589
OF THE SALE OF REFUNDING OBLIGATIONS ISSUED UNDER DIVISION 5,590
(J)(1)(b) OF THIS SECTION TO BE APPLIED TO DEBT SERVICE ON THE 5,593
PRIOR OBLIGATIONS SHALL BE CREDITED TO AN APPROPRIATE SEPARATE 5,594
ACCOUNT IN THE BOND SERVICE FUND AND HELD IN TRUST FOR THE 5,595
PURPOSE BY THE ISSUING AUTHORITY OR BY A CORPORATE TRUSTEE. 5,596
OBLIGATIONS AUTHORIZED UNDER THIS DIVISION SHALL BE CONSIDERED TO 5,597
BE ISSUED FOR THOSE PURPOSES FOR WHICH THE PRIOR OBLIGATIONS WERE 5,598
ISSUED.
(2) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 151.01 TO 5,600
151.08 OF THE REVISED CODE, BONDS OR NOTES AUTHORIZED PURSUANT TO 5,601
DIVISION (J) OF THIS SECTION ARE SUBJECT TO THE PROVISIONS OF 5,602
THOSE SECTIONS PERTAINING TO OBLIGATIONS GENERALLY. 5,604
(3) THE PRINCIPAL AMOUNT OF REFUNDING OR RENEWAL 5,606
OBLIGATIONS ISSUED PURSUANT TO DIVISION (J) OF THIS SECTION SHALL 5,607
BE IN ADDITION TO THE AMOUNT AUTHORIZED BY THE GENERAL ASSEMBLY 5,609
AS REFERRED TO IN DIVISION (B) OF THE FOLLOWING SECTIONS: 5,610
SECTION 151.03, 151.04, 151.05, 151.06, 151.07, OR 151.08 OF THE 5,612
REVISED CODE.
(K) OBLIGATIONS ARE LAWFUL INVESTMENTS FOR BANKS, SAVINGS 5,614
AND LOAN ASSOCIATIONS, CREDIT UNION SHARE GUARANTY CORPORATIONS, 5,615
TRUST COMPANIES, TRUSTEES, FIDUCIARIES, INSURANCE COMPANIES, 5,616
INCLUDING DOMESTIC FOR LIFE AND DOMESTIC NOT FOR LIFE, TRUSTEES 5,617
OR OTHER OFFICERS HAVING CHARGE OF SINKING AND BOND RETIREMENT OR 5,618
OTHER SPECIAL FUNDS OF THE STATE AND POLITICAL SUBDIVISIONS AND 5,619
TAXING DISTRICTS OF THIS STATE, THE SINKING FUND, THE 5,620
ADMINISTRATOR OF WORKERS' COMPENSATION SUBJECT TO THE APPROVAL OF 5,621
THE WORKERS' COMPENSATION BOARD, THE STATE TEACHERS RETIREMENT 5,622
SYSTEM, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE SCHOOL 5,623
EMPLOYEES RETIREMENT SYSTEM, AND THE OHIO POLICE AND FIRE PENSION 5,625
FUND, NOTWITHSTANDING ANY OTHER PROVISIONS OF THE REVISED CODE OR
RULES ADOPTED PURSUANT TO THOSE PROVISIONS BY ANY STATE AGENCY 5,627
WITH RESPECT TO INVESTMENTS BY THEM, AND ARE ALSO ACCEPTABLE AS 5,628
118
SECURITY FOR THE REPAYMENT OF THE DEPOSIT OF PUBLIC MONEYS. THE 5,629
EXEMPTIONS FROM TAXATION IN OHIO AS PROVIDED FOR IN PARTICULAR 5,630
SECTIONS OF THE OHIO CONSTITUTION AND SECTION 5709.76 OF THE 5,631
REVISED CODE APPLY TO THE OBLIGATIONS.
(L)(1) UNLESS OTHERWISE PROVIDED OR PROVIDED FOR IN ANY 5,633
APPLICABLE BOND PROCEEDINGS, MONEYS TO THE CREDIT OF OR IN A 5,635
SPECIAL FUND SHALL BE DISBURSED ON THE ORDER OF THE ISSUING 5,636
AUTHORITY. NO SUCH ORDER IS REQUIRED FOR THE PAYMENT, FROM THE 5,637
BOND SERVICE FUND OR OTHER SPECIAL FUND, WHEN DUE OF DEBT SERVICE 5,638
OR REQUIRED PAYMENTS UNDER CREDIT ENHANCEMENT FACILITIES. 5,639
(2) PAYMENTS RECEIVED BY THE STATE UNDER INTEREST RATE 5,641
HEDGES ENTERED INTO AS CREDIT ENHANCEMENT FACILITIES UNDER THIS 5,642
CHAPTER SHALL BE DEPOSITED TO THE CREDIT OF THE BOND SERVICE FUND 5,643
FOR THE OBLIGATIONS TO WHICH THOSE CREDIT ENHANCEMENT FACILITIES 5,644
RELATE.
(M) THE FULL FAITH AND CREDIT, REVENUE, AND TAXING POWER 5,646
OF THE STATE ARE AND SHALL BE PLEDGED TO THE TIMELY PAYMENT OF 5,647
DEBT SERVICE ON OUTSTANDING OBLIGATIONS AS IT COMES DUE, ALL IN 5,648
ACCORDANCE WITH SECTION 2l, 2m, 2n, OR 15 OF ARTICLE VIII, OHIO 5,651
CONSTITUTION, AND SECTION 151.03, 151.04, 151.05, 151.06, 151.07, 5,653
OR 151.08 OF THE REVISED CODE. MONEYS REFERRED TO IN SECTION 5a 5,654
OF ARTICLE XII, OHIO CONSTITUTION, MAY NOT BE PLEDGED OR USED FOR 5,658
THE PAYMENT OF DEBT SERVICE EXCEPT ON OBLIGATIONS REFERRED TO IN 5,659
SECTION 151.06 OF THE REVISED CODE. THE STATE COVENANTS, AND
THAT COVENANT SHALL BE CONTROLLING NOTWITHSTANDING ANY OTHER 5,660
PROVISION OF LAW, THAT THE STATE AND THE APPLICABLE OFFICERS AND 5,661
AGENCIES OF THE STATE, INCLUDING THE GENERAL ASSEMBLY, SHALL, SO 5,662
LONG AS ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH THEIR 5,663
TERMS, MAINTAIN STATUTORY AUTHORITY FOR AND CAUSE TO BE LEVIED, 5,664
COLLECTED AND APPLIED SUFFICIENT PLEDGED EXCISES, TAXES, AND 5,665
REVENUES OF THE STATE SO THAT THE REVENUES SHALL BE SUFFICIENT IN 5,666
AMOUNTS TO PAY DEBT SERVICE WHEN DUE, TO ESTABLISH AND MAINTAIN 5,667
ANY RESERVES AND OTHER REQUIREMENTS, AND TO PAY FINANCING COSTS, 5,668
INCLUDING COSTS OF OR RELATING TO CREDIT ENHANCEMENT FACILITIES, 5,669
119
ALL AS PROVIDED FOR IN THE BOND PROCEEDINGS. THOSE EXCISES, 5,670
TAXES, AND REVENUES ARE AND SHALL BE DEEMED TO BE LEVIED AND 5,671
COLLECTED, IN ADDITION TO THE PURPOSES OTHERWISE PROVIDED FOR BY 5,672
LAW, TO PROVIDE FOR THE PAYMENT OF DEBT SERVICE AND FINANCING 5,673
COSTS IN ACCORDANCE WITH SECTIONS 151.01 TO 151.08 OF THE REVISED 5,674
CODE AND THE BOND PROCEEDINGS. 5,675
(N) THE GENERAL ASSEMBLY MAY FROM TIME TO TIME REPEAL OR 5,677
REDUCE ANY EXCISE, TAX, OR OTHER SOURCE OF REVENUE PLEDGED TO THE 5,678
PAYMENT OF THE DEBT SERVICE PURSUANT TO SECTION 2l, 2m, 2n, OR 15 5,680
OF ARTICLE VIII, OHIO CONSTITUTION, AND SECTIONS 151.01 TO 151.08 5,683
OF THE REVISED CODE, AND MAY LEVY, COLLECT AND APPLY ANY NEW OR 5,684
INCREASED EXCISE, TAX, OR REVENUE TO MEET THE PLEDGE, TO THE 5,685
PAYMENT OF DEBT SERVICE ON OUTSTANDING OBLIGATIONS, OF THE
STATE'S FULL FAITH AND CREDIT, REVENUE AND TAXING POWER, EXCEPT 5,686
FEES, EXCISES OR TAXES REFERRED TO IN SECTION 5a OF ARTICLE XII, 5,688
OHIO CONSTITUTION, FOR OTHER THAN OBLIGATIONS REFERRED TO IN 5,689
SECTION 151.05 OF THE REVISED CODE AND EXCEPT NET STATE LOTTERY 5,690
PROCEEDS FOR OTHER THAN OBLIGATIONS REFERRED TO IN SECTION 151.03 5,691
OF THE REVISED CODE. NOTHING IN DIVISION (N) OF THIS SECTION 5,692
AUTHORIZES ANY IMPAIRMENT OF THE OBLIGATION OF THIS STATE TO LEVY 5,693
AND COLLECT SUFFICIENT EXCISES, TAXES, AND REVENUES TO PAY DEBT 5,694
SERVICE ON OBLIGATIONS OUTSTANDING IN ACCORDANCE WITH THEIR 5,695
TERMS.
(O) EACH BOND SERVICE FUND IS A TRUST FUND AND IS HEREBY 5,697
PLEDGED TO THE PAYMENT OF DEBT SERVICE ON THE APPLICABLE 5,698
OBLIGATIONS. PAYMENT OF THAT DEBT SERVICE SHALL BE MADE OR 5,699
PROVIDED FOR BY THE ISSUING AUTHORITY IN ACCORDANCE WITH THE BOND 5,700
PROCEEDINGS WITHOUT NECESSITY FOR ANY ACT OF APPROPRIATION. THE 5,701
BOND PROCEEDINGS MAY PROVIDE FOR THE ESTABLISHMENT OF SEPARATE 5,702
ACCOUNTS IN THE BOND SERVICE FUND AND FOR THE APPLICATION OF 5,703
THOSE ACCOUNTS ONLY TO DEBT SERVICE ON SPECIFIC OBLIGATIONS, AND 5,704
FOR OTHER ACCOUNTS IN THE BOND SERVICE FUND WITHIN THE GENERAL 5,705
PURPOSES OF THAT FUND. 5,706
(P) SUBJECT TO THE BOND PROCEEDINGS PERTAINING TO ANY 5,708
120
OBLIGATIONS THEN OUTSTANDING IN ACCORDANCE WITH THEIR TERMS, THE 5,709
ISSUING AUTHORITY MAY IN THE BOND PROCEEDINGS PLEDGE ALL, OR SUCH 5,710
PORTION AS THE ISSUING AUTHORITY DETERMINES, OF THE MONEYS IN THE 5,711
BOND SERVICE FUND TO THE PAYMENT OF DEBT SERVICE ON PARTICULAR 5,712
OBLIGATIONS, AND FOR THE ESTABLISHMENT AND MAINTENANCE OF ANY 5,713
RESERVES FOR PAYMENT OF PARTICULAR DEBT SERVICE. 5,714
(Q) THE ISSUING AUTHORITY SHALL BY THE FIFTEENTH DAY OF 5,716
THE JULY OF EACH FISCAL YEAR, CERTIFY OR CAUSE TO BE CERTIFIED TO 5,717
THE OFFICE OF BUDGET AND MANAGEMENT THE TOTAL AMOUNT OF MONEYS 5,719
REQUIRED DURING THE CURRENT FISCAL YEAR TO MEET IN FULL ALL DEBT 5,720
SERVICE ON THE RESPECTIVE OBLIGATIONS AND ANY RELATED FINANCING 5,721
COSTS PAYABLE FROM THE APPLICABLE BOND SERVICE FUND AND NOT FROM 5,722
THE PROCEEDS OF REFUNDING OR RENEWAL OBLIGATIONS. THE ISSUING 5,724
AUTHORITY SHALL MAKE OR CAUSE TO BE MADE SUPPLEMENTAL 5,725
CERTIFICATIONS TO THE OFFICE OF BUDGET AND MANAGEMENT FOR EACH 5,726
DEBT SERVICE PAYMENT DATE AND AT SUCH OTHER TIMES DURING EACH 5,727
FISCAL YEAR AS MAY BE PROVIDED IN THE BOND PROCEEDINGS OR 5,728
REQUESTED BY THAT OFFICE. DEBT SERVICE, COSTS OF CREDIT 5,729
ENHANCEMENT FACILITIES, AND OTHER FINANCING COSTS SHALL BE SET 5,730
FORTH SEPARATELY IN EACH CERTIFICATION. IF AND SO LONG AS THE 5,732
MONEYS TO THE CREDIT OF THE BOND SERVICE FUND, TOGETHER WITH ANY 5,733
OTHER MONEYS AVAILABLE FOR THE PURPOSE, ARE INSUFFICIENT TO MEET 5,734
IN FULL ALL PAYMENTS WHEN DUE OF THE AMOUNT REQUIRED AS STATED IN 5,735
THE CERTIFICATE OR OTHERWISE, THE OFFICE OF BUDGET AND MANAGEMENT 5,736
SHALL AT THE TIMES AS PROVIDED IN THE BOND PROCEEDINGS, AND 5,737
CONSISTENT WITH ANY PARTICULAR PROVISIONS IN SECTIONS 151.03 TO 5,738
151.08 OF THE REVISED CODE, TRANSFER A SUFFICIENT AMOUNT TO THE 5,739
BOND SERVICE FUND FROM THE REVENUES DERIVED FROM EXCISES, TAXES, 5,740
AND OTHER REVENUES, INCLUDING NET STATE LOTTERY PROCEEDS IN THE 5,741
CASE OF OBLIGATIONS REFERRED TO IN SECTION 151.03 OF THE REVISED 5,742
CODE.
(R) UNLESS OTHERWISE PROVIDED IN ANY APPLICABLE BOND 5,744
PROCEEDINGS, MONEYS TO THE CREDIT OF SPECIAL FUNDS MAY BE 5,745
INVESTED BY OR ON BEHALF OF THE STATE ONLY IN ONE OR MORE OF THE 5,746
121
FOLLOWING:
(1) NOTES, BOND, OR OTHER DIRECT OBLIGATIONS OF THE UNITED 5,748
STATES OR OF ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES, 5,750
OR IN NO-FRONT-END-LOAD MONEY MARKET MUTUAL FUNDS CONSISTING 5,751
EXCLUSIVELY OF THOSE OBLIGATIONS, OR IN REPURCHASE AGREEMENTS, 5,752
INCLUDING THOSE ISSUED BY ANY FIDUCIARY, SECURED BY THOSE 5,753
OBLIGATIONS, OR IN COLLECTIVE INVESTMENT FUNDS CONSISTING 5,754
EXCLUSIVELY OF THOSE OBLIGATIONS; 5,755
(2) OBLIGATIONS OF THIS STATE OR ANY POLITICAL SUBDIVISION 5,757
OF THIS STATE; 5,758
(3) CERTIFICATES OF DEPOSIT OF ANY NATIONAL BANK LOCATED 5,760
IN THIS STATE AND ANY BANK, AS DEFINED IN SECTION 1101.01 OF THE 5,761
REVISED CODE, SUBJECT TO INSPECTION BY THE SUPERINTENDENT OF 5,762
FINANCIAL INSTITUTIONS; 5,763
(4) THE TREASURER OF STATE'S POOLED INVESTMENT PROGRAM 5,765
UNDER SECTION 135.45 OF THE REVISED CODE. 5,766
THE INCOME FROM INVESTMENTS REFERRED TO IN DIVISION (R) OF 5,769
THIS SECTION SHALL, UNLESS OTHERWISE PROVIDED IN SECTIONS 151.01
TO 151.08 OF THE REVISED CODE, BE CREDITED TO SPECIAL FUNDS OR 5,771
OTHERWISE AS THE ISSUING AUTHORITY DETERMINES IN THE BOND 5,772
PROCEEDINGS. THOSE INVESTMENTS MAY BE SOLD OR EXCHANGED AT TIMES 5,773
AS THE ISSUING AUTHORITY DETERMINES, PROVIDES FOR, OR AUTHORIZES. 5,774
(S) THE TREASURER OF STATE SHALL HAVE RESPONSIBILITY FOR 5,776
KEEPING RECORDS, MAKING REPORTS, AND MAKING PAYMENTS, RELATING TO 5,777
ANY ARBITRAGE REBATE REQUIREMENTS UNDER THE APPLICABLE BOND 5,778
PROCEEDINGS.
Sec. 151.02. (A) PURSUANT TO THE POWERS GRANTED TO THE 5,780
GENERAL ASSEMBLY UNDER ARTICLE VIII, OHIO CONSTITUTION, TO 5,782
AUTHORIZE THE ISSUANCE OF OBLIGATIONS, AND PURSUANT TO OTHER 5,783
AUTHORITY VESTED IN THE GENERAL ASSEMBLY, THERE IS HEREBY CREATED 5,784
A BODY, BOTH CORPORATE AND POLITIC, CONSTITUTING AN AGENCY AND 5,785
INSTRUMENTALITY OF THE STATE OF OHIO AND PERFORMING ESSENTIAL 5,786
FUNCTIONS OF THE STATE, TO BE KNOWN AS THE "OHIO PUBLIC 5,787
FACILITIES COMMISSION," WHICH IN THAT NAME MAY CONTRACT AND BE 5,788
122
CONTRACTED WITH, SUE AND BE SUED, AND EXERCISE ALL OTHER 5,789
AUTHORITY VESTED IN THAT COMMISSION BY SECTIONS 151.01 TO 151.05 5,790
AND 151.07 AND CHAPTER 154. OF THE REVISED CODE.
(B) THE COMMISSION SHALL CONSIST OF, IN EACH CASE EX 5,792
OFFICIO, THE GOVERNOR, THE TREASURER OF STATE, THE AUDITOR OF 5,793
STATE, THE SECRETARY OF STATE, THE ATTORNEY GENERAL, AND THE 5,794
DIRECTOR OF BUDGET AND MANAGEMENT. THE GOVERNOR SHALL SERVE AS 5,795
THE CHAIRMAN OF THE COMMISSION, THE DIRECTOR OF BUDGET AND 5,796
MANAGEMENT SHALL SERVE AS ITS SECRETARY, AND THE COMMISSION SHALL 5,797
HAVE SUCH OTHER OFFICERS AS IT DETERMINES, WHO MAY BUT NEED NOT 5,798
BE MEMBERS OF THE COMMISSION. FOUR MEMBERS OF THE COMMISSION 5,799
CONSTITUTE A QUORUM AND THE AFFIRMATIVE VOTE OF FOUR MEMBERS IS 5,800
NECESSARY FOR ANY ACTION TAKEN BY VOTE OF THE COMMISSION. NO 5,801
VACANCY IN THE MEMBERSHIP OF THE COMMISSION SHALL IMPAIR THE 5,802
RIGHTS OF A QUORUM BY SUCH VOTE TO EXERCISE ALL THE RIGHTS AND 5,803
PERFORM ALL THE DUTIES OF THE COMMISSION. EACH OF THE STATE 5,804
OFFICERS ABOVE IDENTIFIED MAY DESIGNATE AN EMPLOYEE OR OFFICER OF 5,805
THAT OFFICER'S OFFICE TO ATTEND MEETINGS OF THE COMMISSION WHEN 5,806
THAT OFFICER IS ABSENT OR UNABLE FOR ANY REASON TO ATTEND AND 5,807
THAT DESIGNEE, WHEN PRESENT, SHALL BE COUNTED IN DETERMINING 5,808
WHETHER A QUORUM IS PRESENT AT ANY MEETING AND MAY VOTE AND 5,809
PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION. A 5,810
DESIGNEE MAY NOT EXECUTE OR CAUSE A FACSIMILE SIGNATURE TO BE 5,811
PLACED ON ANY OBLIGATION. THAT DESIGNATION SHALL BE IN WRITING, 5,812
EXECUTED BY THE DESIGNATING MEMBER, AND BE FILED WITH THE 5,813
SECRETARY OF THE COMMISSION. A DESIGNATION MAY BE CHANGED FROM 5,814
TIME TO TIME BY A SIMILAR WRITTEN DESIGNATION. THE COMMISSION 5,815
MAY DELEGATE TO SUCH OF ITS MEMBERS, OFFICERS, OR EMPLOYEES AS IT 5,816
DETERMINES THOSE POWERS AND DUTIES AS IT DEEMS APPROPRIATE. NO 5,817
MEMBER OF THE COMMISSION OR DESIGNEE SHALL, BY REASON OF BEING OR 5,818
SERVING AS A MEMBER OF THE COMMISSION, BE REQUIRED TO ABSTAIN 5,819
FROM ACTION IN ANY OTHER CAPACITY AS AN INCUMBENT OF A STATE 5,820
OFFICE OR POSITION OR FROM ANY ACTION AS A MEMBER OF THE 5,821
COMMISSION IN ANY MATTER AFFECTING OR IN ANY WAY PERTAINING TO 5,822
123
BOTH THAT OFFICE OR POSITION AND THE COMMISSION, OR FOR ANY 5,823
PURPOSE BE DEEMED TO BE DISQUALIFIED FROM EITHER SUCH OFFICE OR 5,825
POSITION OR AS A MEMBER OF THE COMMISSION BY REASON OF SO ACTING 5,826
OR TO HAVE VIOLATED ANY LAW BY REASON THEREOF. THE COMMISSION
MAY ADOPT AND ALTER BYLAWS AND RULES FOR THE CONDUCT OF ITS 5,828
AFFAIRS, INCLUDING PROVISIONS FOR MEETINGS, AND FOR THE MANNER, 5,829
SUBJECT TO THIS CHAPTER AND CHAPTER 154. OF THE REVISED CODE, IN 5,830
WHICH ITS POWERS AND FUNCTIONS ARE TO BE EXERCISED AND EMBODIED
AND MAY ADOPT AND ALTER AT WILL AN OFFICIAL SEAL TO BE AFFIXED TO 5,831
OFFICIAL DOCUMENTS, PROVIDED THAT THE FAILURE TO AFFIX ANY SUCH 5,832
SEAL SHALL NOT AFFECT THE LEGALITY OF SUCH DOCUMENTS. MEMBERS OF 5,833
THE COMMISSION SHALL RECEIVE NO ADDED COMPENSATION FOR THEIR 5,834
SERVICES AS SUCH MEMBERS BUT MAY BE REIMBURSED, AS DETERMINED BY 5,835
THE COMMISSION, FOR THEIR NECESSARY AND ACTUAL EXPENSES INCURRED 5,836
IN THE CONDUCT OF THE COMMISSION'S BUSINESS.
(C) IN CONNECTION WITH THE EXERCISE OF ITS POWERS PURSUANT 5,838
TO THIS CHAPTER, THE COMMISSION MAY ENTER INTO CONTRACTS AND 5,839
EXECUTE ALL INSTRUMENTS NECESSARY OR INCIDENTAL TO THE 5,840
PERFORMANCE OF THE COMMISSION'S DUTIES AND THE EXECUTION OF THE 5,841
AUTHORITY'S POWERS AND DO ALL OTHER ACTS NECESSARY OR PROPER TO 5,842
THE FULFILLMENT OF THE COMMISSION'S PURPOSES AND TO CARRY OUT THE 5,843
POWERS EXPRESSLY GRANTED IN THIS CHAPTER.
Sec. 151.03. THIS SECTION APPLIES TO OBLIGATIONS AS 5,845
DEFINED IN THIS SECTION. 5,846
(A) AS USED IN THIS SECTION: 5,848
(1) "COSTS OF CAPITAL FACILITIES" INCLUDES RELATED DIRECT 5,850
ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS OF DIRECT COSTS OF 5,851
THE USING SCHOOL DISTRICT AND THE OHIO SCHOOL FACILITIES 5,852
COMMISSION.
(2) "NET STATE LOTTERY PROCEEDS" MEANS THE AMOUNT 5,854
DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT TO BE AN 5,855
EXCESS AMOUNT TO THE CREDIT OF THE STATE LOTTERY FUND AND TO BE 5,856
TRANSFERRED TO THE LOTTERY PROFITS EDUCATION FUND, AND MONEYS 5,857
FROM TIME TO TIME IN THE LOTTERY PROFITS EDUCATION FUND, ALL AS 5,858
124
PROVIDED FOR AND REFERRED TO IN SECTION 3770.06 OF THE REVISED 5,859
CODE.
(3) "OHIO SCHOOL FACILITIES COMMISSION" AND "SCHOOL 5,861
DISTRICT" HAVE THE SAME MEANINGS AS IN SECTION 3318.01 OF THE 5,862
REVISED CODE.
(4) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 5,864
151.01 OF THE REVISED CODE ISSUED TO PAY COSTS OF CAPITAL 5,865
FACILITIES FOR A SYSTEM OF COMMON SCHOOLS THROUGHOUT THE STATE. 5,866
(5) "USING SCHOOL DISTRICT" MEANS THE SCHOOL DISTRICT, OR 5,868
TWO OR MORE SCHOOL DISTRICTS ACTING JOINTLY, THAT ARE THE 5,869
ULTIMATE USERS OF THE CAPITAL FACILITIES FOR A SYSTEM OF COMMON 5,870
SCHOOLS FINANCED WITH NET PROCEEDS OF OBLIGATIONS. 5,871
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 5,873
COSTS OF CAPITAL FACILITIES FOR A SYSTEM OF COMMON SCHOOLS 5,874
THROUGHOUT THE STATE PURSUANT TO SECTION 2n OF ARTICLE VIII, OHIO 5,876
CONSTITUTION, SECTION 151.01 OF THE REVISED CODE, AND THIS 5,877
SECTION. THE ISSUING AUTHORITY, UPON THE CERTIFICATION BY THE 5,878
OHIO SCHOOL FACILITIES COMMISSION TO IT OF THE AMOUNT OF MONEYS 5,879
NEEDED IN THE SCHOOL BUILDING PROGRAM ASSISTANCE FUND CREATED BY 5,880
SECTION 3318.25 OF THE REVISED CODE FOR PURPOSES OF THAT FUND, 5,881
SHALL ISSUE OBLIGATIONS IN THE AMOUNT DETERMINED TO BE REQUIRED 5,882
BY THE ISSUING AUTHORITY. 5,883
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 5,885
THE SCHOOL BUILDING PROGRAM ASSISTANCE FUND CREATED BY SECTION 5,886
3318.25 OF THE REVISED CODE. 5,887
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 5,889
"COMMON SCHOOLS CAPITAL FACILITIES BOND SERVICE FUND." ALL 5,890
MONEYS RECEIVED BY THE STATE AND REQUIRED BY THE BOND 5,891
PROCEEDINGS, CONSISTENT WITH SECTIONS 151.01 AND 151.03 OF THE 5,892
REVISED CODE, TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE 5,893
BOND SERVICE FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED 5,894
TO OR RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED 5,895
AND CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 5,896
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 5,897
125
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 5,898
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE 5,899
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 5,900
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 5,901
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 5,902
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 5,903
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR 5,904
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 5,905
SUFFICIENT AMOUNT OF REVENUES OF THE STATE, INCLUDING NET STATE 5,906
LOTTERY PROCEEDS, IS COMMITTED AND, WITHOUT NECESSITY FOR FURTHER 5,907
ACT OF APPROPRIATION, SHALL BE PAID TO THE BOND SERVICE FUND FOR 5,908
THE PURPOSE OF PAYING THAT DEBT SERVICE WHEN DUE. 5,909
Sec. 151.04. THIS SECTION APPLIES TO OBLIGATIONS AS 5,911
DEFINED IN THIS SECTION. 5,912
(A) AS USED IN THIS SECTION: 5,914
(1) "COSTS OF CAPITAL FACILITIES" INCLUDE RELATED DIRECT 5,916
ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS OF DIRECT COSTS OF 5,917
THE USING INSTITUTION. 5,918
(2) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 5,920
154.30 OF THE REVISED CODE ISSUED TO PAY COSTS OF CAPITAL 5,921
FACILITIES FOR STATE-SUPPORTED OR STATE-ASSISTED INSTITUTIONS OF 5,922
HIGHER EDUCATION.
(3) "STATE-SUPPORTED OR STATE-ASSISTED INSTITUTIONS OF 5,924
HIGHER EDUCATION" MEANS A STATE UNIVERSITY OR COLLEGE, OR 5,925
COMMUNITY COLLEGE DISTRICT, TECHNICAL COLLEGE DISTRICT, 5,926
UNIVERSITY BRANCH DISTRICT, OR STATE COMMUNITY COLLEGE, OR OTHER 5,927
INSTITUTION FOR EDUCATION, INCLUDING TECHNICAL EDUCATION, BEYOND 5,928
THE HIGH SCHOOL, RECEIVING STATE SUPPORT OR ASSISTANCE FOR ITS 5,929
EXPENSES OF OPERATION. "STATE UNIVERSITY OR COLLEGE" MEANS EACH 5,932
OF THE STATE UNIVERSITIES IDENTIFIED IN SECTION 3345.011 OF THE 5,933
REVISED CODE, THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF 5,934
MEDICINE, AND THE MEDICAL COLLEGE OF OHIO AT TOLEDO. 5,935
(4) "USING INSTITUTION" MEANS THE STATE-SUPPORTED OR 5,937
STATE-ASSISTED INSTITUTION OF HIGHER EDUCATION, OR TWO OR MORE 5,938
126
INSTITUTIONS ACTING JOINTLY, THAT ARE THE ULTIMATE USERS OF 5,939
CAPITAL FACILITIES FOR STATE-SUPPORTED AND STATE-ASSISTED 5,940
INSTITUTIONS OF HIGHER EDUCATION FINANCED WITH NET PROCEEDS OF 5,941
OBLIGATIONS.
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 5,943
COSTS OF CAPITAL FACILITIES FOR STATE-SUPPORTED AND 5,944
STATE-ASSISTED INSTITUTIONS OF HIGHER EDUCATION PURSUANT TO 5,945
SECTION 2n OF ARTICLE VIII, OHIO CONSTITUTION, SECTION 151.01 OF 5,947
THE REVISED CODE, AND THIS SECTION. 5,948
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 5,950
THE HIGHER EDUCATION IMPROVEMENT FUND CREATED BY DIVISION (F) OF 5,951
SECTION 154.21 OF THE REVISED CODE. 5,953
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 5,955
"HIGHER EDUCATION CAPITAL FACILITIES BOND SERVICE FUND." ALL 5,956
MONEYS RECEIVED BY THE STATE AND REQUIRED BY THE BOND 5,957
PROCEEDINGS, CONSISTENT WITH SECTIONS 151.01 AND 151.04 OF THE 5,958
REVISED CODE, TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE 5,959
BOND SERVICE FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED 5,960
TO OR RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED 5,961
AND CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 5,962
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 5,963
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 5,964
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE 5,965
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 5,966
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 5,967
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 5,968
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 5,969
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR 5,970
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 5,971
SUFFICIENT AMOUNT OF REVENUES OF THE STATE IS COMMITTED AND, 5,973
WITHOUT NECESSITY FOR FURTHER ACT OF APPROPRIATION, SHALL BE PAID 5,974
TO THE BOND SERVICE FUND FOR THE PURPOSE OF PAYING THAT DEBT 5,975
SERVICE WHEN DUE. 5,976
Sec. 151.05. THIS SECTION APPLIES TO OBLIGATIONS AS 5,978
127
DEFINED IN THIS SECTION. 5,979
(A) AS USED IN THIS SECTION: 5,981
(1) "CAPITAL FACILITIES" MEANS ANY PROJECT OR CAPITAL 5,983
IMPROVEMENTS FOR ANY OF THE FOLLOWING: STATE AND LOCAL PARKS AND 5,984
LAND AND WATER RECREATION FACILITIES; SOIL AND WATER RESTORATION 5,986
AND PROTECTION; LAND MANAGEMENT, INCLUDING PRESERVATION OF 5,987
NATURAL AREAS AND REFORESTATION; WATER MANAGEMENT, INCLUDING DAM 5,988
SAFETY, STREAM AND LAKE MANAGEMENT, AND FLOOD CONTROL AND FLOOD 5,989
DAMAGE REDUCTION; FISH AND WILDLIFE RESOURCE MANAGEMENT; AND ANY 5,990
OTHER IMPROVEMENTS THAT ENHANCE THE USE AND ENJOYMENT OF NATURAL 5,991
RESOURCES BY INDIVIDUALS.
(2) "COSTS OF CAPITAL FACILITIES" INCLUDE RELATED DIRECT 5,993
ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS OF DIRECT COSTS OF 5,994
THE OHIO DEPARTMENT OF NATURAL RESOURCES. 5,996
(3) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 5,998
151.01 OF THE REVISED CODE ISSUED TO PAY COSTS OF CAPITAL 5,999
FACILITIES.
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 6,001
COSTS OF CAPITAL FACILITIES PURSUANT TO SECTION 2l OF ARTICLE 6,003
VIII, OHIO CONSTITUTION, SECTION 151.01 OF THE REVISED CODE, AND 6,004
THIS SECTION. THE TOTAL PRINCIPAL AMOUNT OF OBLIGATIONS 6,005
OUTSTANDING AT ANY ONE TIME SHALL NOT EXCEED TWO HUNDRED MILLION 6,006
DOLLARS, AND NOT MORE THAN FIFTY MILLION DOLLARS IN PRINCIPAL 6,007
AMOUNT OF OBLIGATIONS TO PAY COSTS OF CAPITAL FACILITIES MAY BE 6,008
ISSUED IN ANY FISCAL YEAR, ALL DETERMINED AS PROVIDED IN SECTION 6,009
151.01 OF THE REVISED CODE AND THIS SECTION.
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 6,011
THE OHIO PARKS AND NATURAL RESOURCES FUND CREATED BY SECTION 6,012
1557.02 OF THE REVISED CODE. 6,013
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 6,015
"NATURAL RESOURCES PROJECTS BOND SERVICE FUND." ALL MONEYS 6,016
RECEIVED BY THE STATE AND REQUIRED BY THE BOND PROCEEDINGS, 6,017
CONSISTENT WITH SECTIONS 151.01 AND 151.05 OF THE REVISED CODE, 6,018
TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE BOND SERVICE 6,019
128
FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED TO OR 6,020
RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED AND 6,021
CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 6,022
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 6,023
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 6,024
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE 6,025
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 6,026
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 6,027
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 6,028
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 6,029
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR 6,030
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 6,031
SUFFICIENT AMOUNT OF REVENUES OF THE STATE IS COMMITTED AND,
WITHOUT NECESSITY FOR FURTHER ACT OF APPROPRIATION, SHALL BE PAID 6,032
TO THE BOND SERVICE FUND FOR THE PURPOSE OF PAYING THAT DEBT 6,033
SERVICE WHEN DUE. 6,034
Sec. 151.06. THIS SECTION APPLIES TO OBLIGATIONS AS 6,036
DEFINED IN THIS SECTION. 6,037
(A) AS USED IN THIS SECTION: 6,039
(1) "CAPITAL FACILITIES" OR "PROJECTS" MEANS HIGHWAY 6,041
CAPITAL IMPROVEMENTS, WHICH SHALL BE LIMITED TO HIGHWAYS, 6,042
INCLUDING THOSE ON THE STATE HIGHWAY SYSTEM AND URBAN EXTENSIONS 6,044
THEREOF, THOSE WITHIN OR LEADING TO PUBLIC PARKS OR RECREATION 6,045
AREAS, AND THOSE WITHIN OR LEADING TO MUNICIPAL CORPORATIONS. 6,046
(2) "COSTS OF CAPITAL FACILITIES" INCLUDE RELATED DIRECT 6,048
ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS OF DIRECT COSTS OF 6,049
THE OHIO DEPARTMENT OF TRANSPORTATION. 6,050
(3) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 6,052
151.01 OF THE REVISED CODE ISSUED TO PAY COSTS OF CAPITAL 6,053
FACILITIES.
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 6,055
COSTS OF CAPITAL FACILITIES AND PROJECTS PURSUANT TO SECTION 2m 6,057
OF ARTICLE VIII, OHIO CONSTITUTION, SECTION 151.01 OF THE REVISED 6,058
CODE, AND THIS SECTION. NOT MORE THAN TWO HUNDRED TWENTY MILLION 6,059
129
DOLLARS PRINCIPAL AMOUNT OF OBLIGATIONS, PLUS THE PRINCIPAL 6,060
AMOUNT OF OBLIGATIONS THAT IN ANY PRIOR FISCAL YEARS COULD HAVE 6,061
BEEN, BUT WERE NOT, ISSUED WITHIN THAT TWO-HUNDRED-TWENTY-MILLION 6,062
DOLLAR FISCAL YEAR LIMIT, MAY BE ISSUED IN ANY FISCAL YEAR, AND 6,063
NOT MORE THAN ONE BILLION TWO HUNDRED MILLION DOLLARS PRINCIPAL 6,064
AMOUNT OF OBLIGATIONS MAY BE OUTSTANDING AT ANY ONE TIME, ALL 6,065
DETERMINED AS PROVIDED IN SECTION 151.01 OF THE REVISED CODE AND 6,066
THIS SECTION.
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 6,068
THE HIGHWAY CAPITAL IMPROVEMENT FUND CREATED BY SECTION 5528.53 6,069
OF THE REVISED CODE.
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 6,071
"HIGHWAY CAPITAL IMPROVEMENT BOND SERVICE FUND." ALL MONEYS 6,072
RECEIVED BY THE STATE AND REQUIRED BY THE BOND PROCEEDINGS, 6,073
CONSISTENT WITH SECTIONS 151.01 AND 151.06 OF THE REVISED CODE, 6,074
TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE BOND SERVICE 6,075
FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED TO OR 6,076
RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED AND 6,077
CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 6,078
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 6,079
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 6,080
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE 6,081
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 6,082
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 6,083
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 6,084
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 6,085
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR 6,086
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 6,087
SUFFICIENT AMOUNT OF REVENUES OF THE STATE, INCLUDING THOSE 6,088
REFERRED TO IN SECTION 5a OF ARTICLE XII, OHIO CONSTITUTION, IS 6,090
COMMITTED AND, WITHOUT NECESSITY FOR FURTHER ACT OF 6,091
APPROPRIATION, SHALL BE PAID TO THE BOND SERVICE FUND FOR THE 6,093
PURPOSE OF PAYING THAT DEBT SERVICE WHEN DUE. IN EACH YEAR THAT 6,094
MONEYS REFERRED TO IN SECTION 5a OF ARTICLE XII, OHIO 6,095
130
CONSTITUTION, PLEDGED TO THE PAYMENT OF BOND SERVICE CHARGES ON 6,096
OBLIGATIONS ISSUED PURSUANT TO THIS SECTION ARE AVAILABLE FOR 6,098
THAT PURPOSE, THOSE MONEYS SHALL BE APPROPRIATED THERETO AND THE 6,099
REQUIRED APPLICATION OF ANY OTHER EXCISES, TAXES, AND REVENUES 6,100
SHALL BE REDUCED IN CORRESPONDING AMOUNT.
(E) THE ISSUING AUTHORITY MAY AUTHORIZE AND ENTER INTO 6,102
AGREEMENTS REGARDING THE ISSUANCE OF OBLIGATIONS, AND MAY 6,103
AUTHORIZE THE ISSUANCE OF THOSE OBLIGATIONS PURSUANT TO SUCH 6,104
AGREEMENTS, WITHIN AMOUNTS AUTHORIZED FROM TIME TO TIME BY THE 6,105
GENERAL ASSEMBLY, IN SUPPORT OF AND IN COMBINATION WITH THE 6,106
ISSUANCE OF INFRASTRUCTURE PROJECT OBLIGATIONS PURSUANT TO 6,107
SECTION 5531.10 OF THE REVISED CODE FOR THE PURPOSE OF ASSISTING 6,108
IN THE FINANCING OF PROJECTS, ALL IN ACCORDANCE WITH SECTION 2m 6,109
OF ARTICLE VIII, OHIO CONSTITUTION, SECTION 151.01 OF THE REVISED 6,111
CODE, AND THIS SECTION EXCEPT AS OTHERWISE PROVIDED IN DIVISION 6,112
(E) OF THIS SECTION. ANY AGREEMENT AUTHORIZED AND ENTERED INTO 6,114
UNDER THIS DIVISION (E) MAY BE IRREVOCABLE AND MAY CONTAIN SUCH 6,115
OTHER TERMS AND CONDITIONS AS SHALL BE APPROVED BY THE ISSUING 6,116
AUTHORITY CONSISTENT WITH THIS SECTION AND SECTION 151.01 OF THE 6,117
REVISED CODE.
THE PRINCIPAL AMOUNT OF OBLIGATIONS AT THE TIME AUTHORIZED 6,119
BY THE ISSUING AUTHORITY TO BE ISSUED PURSUANT TO DIVISION (E) OF 6,120
THIS SECTION SHALL BE INCLUDED IN THE FISCAL YEAR LIMITATION 6,123
PROVIDED FOR IN DIVISION (B) OF THIS SECTION FOR THE FISCAL YEAR 6,124
IN WHICH THE AUTHORIZATION OCCURS AND SHALL ALSO BE INCLUDED IN 6,125
THE MAXIMUM PRINCIPAL AMOUNT WHICH MAY BE OUTSTANDING AT ANY ONE 6,126
TIME UNDER DIVISION (B) OF THIS SECTION UNTIL SUCH TIME AS THE 6,127
RELATED INFRASTRUCTURE PROJECT OBLIGATIONS ARE NO LONGER 6,128
OUTSTANDING. THE ISSUING AUTHORITY SHALL COVENANT WITH THE 6,129
HOLDERS OF THE RELATED INFRASTRUCTURE PROJECT OBLIGATIONS ISSUED 6,130
IN COMBINATION WITH OBLIGATIONS UNDER DIVISION (E) OF THIS 6,131
SECTION THAT THE OBLIGATIONS THAT MAY BE ISSUED UNDER DIVISION 6,133
(E) OF THIS SECTION SHALL NOT EXCEED THE LIMITS SET FORTH IN THIS 6,134
SECTION, AND SUCH COVENANT MAY BE ENFORCED AS PROVIDED IN 6,135
131
DIVISION (I) OF SECTION 151.01 OF THE REVISED CODE. 6,136
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E) OF THIS 6,138
SECTION, SECTION 151.01 OF THE REVISED CODE APPLIES TO 6,140
OBLIGATIONS AUTHORIZED UNDER THIS SECTION. 6,141
THE BOND PROCEEDINGS FOR OBLIGATIONS ISSUED UNDER DIVISION 6,143
(E) OF THIS SECTION MAY PROVIDE THAT THE SALE PROCEEDS OF THE 6,144
OBLIGATIONS SHALL BE DEPOSITED IN A SPECIAL FUND AND USED TO PAY 6,146
BOND SERVICE CHARGES ON THE INFRASTRUCTURE PROJECT OBLIGATIONS OR 6,147
THAT THOSE OBLIGATIONS, WHICH NEED NOT BE INTEREST-BEARING, MAY 6,148
BE DEPOSITED WITH THE TRUSTEE FOR THE INFRASTRUCTURE PROJECT 6,149
OBLIGATIONS, IN EITHER CASE IN EXCHANGE FOR AN ASSIGNMENT OF ALL 6,150
OR PART OF THE REVENUES TO BE RECEIVED BY THE TRUSTEE FOR PAYMENT 6,151
OF BOND SERVICE CHARGES ON THOSE INFRASTRUCTURE PROJECT 6,152
OBLIGATIONS.
ANY AGREEMENT AUTHORIZED AND DELIVERED UNDER DIVISION (E) 6,154
OF THIS SECTION IN COMBINATION WITH INFRASTRUCTURE PROJECT 6,156
OBLIGATIONS SHALL BE PRESUMED TO BE IN CONFORMITY WITH ALL LEGAL 6,157
REQUIREMENTS, AND ITS TERMS AND PROVISIONS SHALL BE INCONTESTABLE 6,158
UNLESS OTHERWISE CHALLENGED IN THE MANNER REFERRED TO IN DIVISION 6,159
(B) OF SECTION 133.02 OF THE REVISED CODE PRIOR TO THE DELIVERY 6,160
OF THE RELATED INFRASTRUCTURE PROJECT OBLIGATIONS. 6,161
Sec. 151.07. THIS SECTION APPLIES TO OBLIGATIONS AS 6,163
DEFINED IN THIS SECTION. 6,164
(A) AS USED IN THIS SECTION: 6,166
(1) "COSTS OF CAPITAL FACILITIES" OR "COSTS OF PROJECTS" 6,168
INCLUDES RELATED DIRECT ADMINISTRATIVE EXPENSES AND ALLOCABLE 6,169
PORTIONS OF DIRECT COSTS OF THE OHIO COAL DEVELOPMENT OFFICE, THE 6,171
COST OF DEMOLISHING OR REMOVING ANY BUILDINGS OR STRUCTURES ON 6,172
LAND ACQUIRED, INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH 6,173
SUCH BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ALL 6,174
MACHINERY, FURNISHINGS, AND EQUIPMENT, SURVEYS, ESTIMATES OF COST 6,175
AND REVENUES, WORKING CAPITAL, OTHER EXPENSES NECESSARY TO 6,176
DETERMINING THE FEASIBILITY OR PRACTICABILITY OF ACQUIRING OR 6,177
CONSTRUCTING SUCH PROJECT, AND SUCH OTHER EXPENSE AS MAY BE 6,178
132
NECESSARY TO THE ACQUISITION OR CONSTRUCTION OF THE PROJECT, THE 6,179
FINANCING OF SUCH ACQUISITION OR CONSTRUCTION, AND THE FINANCING 6,180
OF THE PLACING OF SUCH PROJECT IN OPERATION. ANY OBLIGATION, 6,181
COST, OR EXPENSE INCURRED BY ANY PERSON OR EDUCATIONAL OR 6,182
SCIENTIFIC INSTITUTION FOR SURVEYS, BORINGS, PREPARATION OF PLANS 6,183
AND SPECIFICATIONS, AND OTHER ENGINEERING SERVICES, OR ANY OTHER 6,184
COST DESCRIBED ABOVE, IN CONNECTION WITH THE ACQUISITION OR 6,185
CONSTRUCTION OF A PROJECT MAY BE REGARDED AS A PART OF THE COST 6,186
OF THAT PROJECT.
(2) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 6,188
151.01 OF THE REVISED CODE ISSUED TO PAY COSTS OF PROJECTS. 6,189
(3) "PROJECT" MEANS ANY COAL RESEARCH AND DEVELOPMENT, OR 6,191
ANY COAL RESEARCH AND DEVELOPMENT FACILITY, BOTH AS DEFINED IN 6,192
SECTION 1555.01 OF THE REVISED CODE, INCLUDING UNDIVIDED OR OTHER 6,193
INTERESTS, ACQUIRED OR TO BE ACQUIRED, CONSTRUCTED OR TO BE 6,194
CONSTRUCTED, OR OPERATING OR TO BE OPERATED BY A PERSON DOING 6,195
BUSINESS IN THIS STATE OR BY AN EDUCATIONAL OR SCIENTIFIC 6,196
INSTITUTION LOCATED IN THIS STATE WITH ALL OR A PART OF THE COST 6,197
OF THE PROJECT BEING PAID FROM A LOAN OR GRANT FROM THE OHIO COAL 6,198
DEVELOPMENT OFFICE OR A LOAN GUARANTEED BY THE OFFICE UNDER 6,199
CHAPTER 1555. OF THE REVISED CODE, INCLUDING ALL BUILDINGS AND 6,200
FACILITIES THAT THE OFFICE DETERMINES NECESSARY FOR THE OPERATION 6,201
OF THE PROJECT, TOGETHER WITH ALL PROPERTY, RIGHTS, EASEMENTS, 6,202
AND INTERESTS THAT MAY BE REQUIRED FOR THE OPERATION OF THE 6,203
PROJECT.
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 6,205
COSTS OF PROJECTS PURSUANT TO SECTION 15 OF ARTICLE VIII, OHIO 6,207
CONSTITUTION, SECTION 151.01 OF THE REVISED CODE, AND THIS
SECTION UPON CERTIFICATION BY THE DIRECTOR OF THE OHIO COAL 6,209
DEVELOPMENT OFFICE OF THE AMOUNT OF MONEYS OR ADDITIONAL MONEYS 6,210
NEEDED IN THE COAL RESEARCH AND DEVELOPMENT FUND FOR THE PURPOSE 6,211
OF MAKING GRANTS OR LOANS FOR ALLOWABLE COSTS OF PROJECTS, OR 6,212
NEEDED FOR CAPITALIZED INTEREST, FOR FUNDING RESERVES, OR 6,213
PROVIDING MONEYS FOR LOAN GUARANTEES. SUCH OBLIGATIONS MAY BE 6,214
133
ISSUED TO THE EXTENT NECESSARY TO SATISFY THE COVENANTS IN 6,215
CONTRACTS OF GUARANTEE MADE UNDER SECTION 1555.05 OF THE REVISED 6,216
CODE TO ISSUE OBLIGATIONS TO MEET SUCH GUARANTEES, 6,217
NOTWITHSTANDING LIMITATIONS OTHERWISE APPLICABLE TO THE ISSUANCE 6,218
OF OBLIGATIONS UNDER THIS SECTION EXCEPT THE 6,219
ONE-HUNDRED-MILLION-DOLLAR LIMITATION PROVIDED IN SECTION 15 OF 6,220
ARTICLE VIII, OHIO CONSTITUTION. 6,221
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 6,223
THE COAL RESEARCH AND DEVELOPMENT FUND CREATED BY SECTION 1555.15 6,224
OF THE REVISED CODE.
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 6,226
"COAL RESEARCH AND DEVELOPMENT BOND SERVICE FUND." ALL MONEYS 6,227
RECEIVED BY THE STATE AND REQUIRED BY THE BOND PROCEEDINGS, 6,228
CONSISTENT WITH SECTIONS 151.01 AND 151.07 OF THE REVISED CODE, 6,229
TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE BOND SERVICE 6,230
FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED TO OR 6,231
RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED AND 6,232
CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 6,233
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 6,234
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 6,235
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE 6,236
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 6,237
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 6,238
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 6,239
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 6,240
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR 6,241
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 6,242
SUFFICIENT AMOUNT OF REVENUES OF THE STATE IS COMMITTED AND, 6,243
WITHOUT NECESSITY FOR FURTHER ACT OF APPROPRIATION, SHALL BE PAID 6,244
TO THE BOND SERVICE FUND FOR THE PURPOSE OF PAYING THAT DEBT 6,245
SERVICE WHEN DUE.
Sec. 151.08. THIS SECTION APPLIES TO OBLIGATIONS AS 6,247
DEFINED IN THIS SECTION. 6,248
(A) AS USED IN THIS SECTION: 6,250
134
(1) "CAPITAL FACILITIES" OR "CAPITAL IMPROVEMENT PROJECTS" 6,252
MEANS THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, 6,253
PLANNING, AND EQUIPPING OF ROADS AND BRIDGES, WASTE WATER 6,255
TREATMENT SYSTEMS, WATER SUPPLY SYSTEMS, SOLID WASTE DISPOSAL 6,256
FACILITIES, FLOOD CONTROL SYSTEMS, AND STORM WATER AND SANITARY 6,257
COLLECTION, STORAGE, AND TREATMENT FACILITIES, INCLUDING REAL
PROPERTY, INTERESTS IN REAL PROPERTY, FACILITIES, AND EQUIPMENT 6,258
RELATED OR INCIDENTAL TO THOSE FACILITIES. 6,259
(2) "COSTS OF CAPITAL FACILITIES" INCLUDE RELATED DIRECT 6,261
ADMINISTRATIVE EXPENSES AND ALLOCABLE PORTIONS OF DIRECT COSTS OF 6,262
THE OHIO PUBLIC WORKS COMMISSION AND THE LOCAL SUBDIVISION. 6,263
(3) "LOCAL SUBDIVISION" MEANS ANY COUNTY, MUNICIPAL 6,265
CORPORATION, TOWNSHIP, SANITARY DISTRICT, OR REGIONAL WATER AND 6,266
SEWER DISTRICT.
(4) "OBLIGATIONS" MEANS OBLIGATIONS AS DEFINED IN SECTION 6,268
151.01 OF THE REVISED CODE ISSUED TO PAY COSTS OF CAPITAL 6,269
FACILITIES.
(B) THE ISSUING AUTHORITY SHALL ISSUE OBLIGATIONS TO PAY 6,271
COSTS OF FINANCING OR ASSISTING IN THE FINANCING OF THE CAPITAL 6,272
IMPROVEMENT PROJECTS OF LOCAL SUBDIVISIONS PURSUANT TO SECTION 2m 6,274
OF ARTICLE VIII, OHIO CONSTITUTION, SECTION 151.01 OF THE REVISED 6,275
CODE, AND THIS SECTION. NOT MORE THAN ONE HUNDRED TWENTY MILLION 6,276
DOLLARS PRINCIPAL AMOUNT OF OBLIGATIONS, PLUS THE PRINCIPAL 6,277
AMOUNT OF OBLIGATIONS THAT IN ANY PRIOR FISCAL YEARS COULD HAVE
BEEN, BUT WERE NOT, ISSUED WITHIN THAT ONE-HUNDRED-TWENTY-MILLION 6,278
DOLLAR FISCAL YEAR LIMIT, MAY BE ISSUED IN ANY FISCAL YEAR. NOT 6,279
MORE THAN ONE BILLION TWO HUNDRED MILLION DOLLARS PRINCIPAL 6,280
AMOUNT OF OBLIGATIONS MAY BE ISSUED FOR THE PURPOSES OF THIS 6,281
SECTION AND DIVISION (B)(2) OF SECTION 164.09 OF THE REVISED 6,282
CODE.
(C) NET PROCEEDS OF OBLIGATIONS SHALL BE DEPOSITED INTO 6,284
THE STATE CAPITAL IMPROVEMENTS FUND CREATED BY SECTION 164.08 OF 6,285
THE REVISED CODE.
(D) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 6,287
135
"STATE CAPITAL IMPROVEMENTS BOND SERVICE FUND." ALL MONEYS 6,288
RECEIVED BY THE STATE AND REQUIRED BY THE BOND PROCEEDINGS, 6,289
CONSISTENT WITH THIS SECTION AND SECTION 151.01 OF THE REVISED 6,290
CODE, TO BE DEPOSITED, TRANSFERRED, OR CREDITED TO THE BOND
SERVICE FUND, AND ALL OTHER MONEYS TRANSFERRED OR ALLOCATED TO OR 6,291
RECEIVED FOR THE PURPOSES OF THAT FUND, SHALL BE DEPOSITED AND 6,292
CREDITED TO THE BOND SERVICE FUND, SUBJECT TO ANY APPLICABLE 6,293
PROVISIONS OF THE BOND PROCEEDINGS BUT WITHOUT NECESSITY FOR ANY 6,294
ACT OF APPROPRIATION. DURING THE PERIOD BEGINNING WITH THE DATE 6,295
OF THE FIRST ISSUANCE OF OBLIGATIONS AND CONTINUING DURING THE
TIME THAT ANY OBLIGATIONS ARE OUTSTANDING IN ACCORDANCE WITH 6,296
THEIR TERMS, SO LONG AS MONEYS IN THE BOND SERVICE FUND ARE 6,297
INSUFFICIENT TO PAY DEBT SERVICE WHEN DUE ON THOSE OBLIGATIONS 6,298
PAYABLE FROM THAT FUND (EXCEPT THE PRINCIPAL AMOUNTS OF BOND 6,299
ANTICIPATION NOTES PAYABLE FROM THE PROCEEDS OF RENEWAL NOTES OR
BONDS ANTICIPATED) AND DUE IN THE PARTICULAR FISCAL YEAR, A 6,300
SUFFICIENT AMOUNT OF REVENUES OF THE STATE IS COMMITTED AND, 6,301
WITHOUT NECESSITY FOR FURTHER ACT OF APPROPRIATION, SHALL BE PAID 6,302
TO THE BOND SERVICE FUND FOR THE PURPOSE OF PAYING THAT DEBT 6,303
SERVICE WHEN DUE.
Sec. 153.01. Whenever any building or structure for the 6,312
use of the state or any institution supported in whole or in part 6,313
by the state or in or upon the public works of the state that is 6,314
administered by the director of administrative services or by any 6,315
other state officer or state agency authorized by law to 6,316
administer a project, including an educational institution listed 6,317
in section 3345.50 of the Revised Code, is to be erected or 6,319
constructed, whenever additions, alterations, or structural or 6,320
other improvements are to be made, or whenever heating, cooling, 6,321
or ventilating plants or other equipment is to be installed or 6,322
material supplied therefor, the aggregate cost of which amounts 6,323
to ten FIFTY thousand dollars or more, each officer, board, or 6,325
other authority upon which devolves the duty of constructing, 6,326
erecting, altering, or installing the same, referred to in 6,327
136
sections 153.01 to 153.60 of the Revised Code as the owner, shall 6,328
cause to be made, by an architect or engineer whose contract of 6,329
employment shall be prepared and approved by the attorney 6,330
general, the following:
(A) Full and accurate plans, suitable for the use of 6,332
mechanics and other builders in such THE construction, 6,333
improvement, addition, alteration, or installation; 6,335
(B) Details to scale and full-sized, so drawn and 6,337
represented as to be easily understood; 6,338
(C) Accurate bills showing the exact quantity of different 6,340
kinds of material necessary to the construction; 6,341
(D) Definite and complete specifications of the work to be 6,343
performed, together with such directions as THAT will enable a 6,345
competent mechanic or other builder to carry them out and afford 6,346
bidders all needful information; 6,347
(E) A full and accurate estimate of each item of expense 6,349
and the aggregate cost thereof OF THOSE ITEMS OF EXPENSE; 6,350
(F) A life-cycle cost analysis; 6,352
(G) Such further FURTHER data as may be required by the 6,354
department of administrative services. 6,356
Sec. 154.01. As used in Chapter 154. of the Revised Code: 6,365
(A) "Commission" means the Ohio public facilities 6,368
commission created in section 154.03 151.02 of the Revised Code, 6,370
and "members of the commission" means the governor, treasurer of 6,371
state, auditor of state, secretary of state, attorney general, 6,372
director of budget and management, and officers who by law 6,373
perform the functions of such offices during any vacancy therein, 6,374
and includes those officers or employees designated and acting 6,375
pursuant to section 154.04 of the Revised Code. 6,376
(B) "Obligations" means bonds, notes, or other evidences 6,378
of obligation, including interest coupons pertaining thereto, 6,379
issued pursuant to Chapter 154. of the Revised Code. 6,380
(C) "Bond proceedings" means the ORDER OR ORDERS, 6,382
resolution or resolutions, trust agreement, indenture, lease, and 6,383
137
other agreements, amendments and supplements to the foregoing, or 6,384
any combination thereof, authorizing or providing for the terms 6,385
and conditions applicable to, or providing for the security of, 6,386
obligations issued pursuant to Chapter 154. of the Revised Code, 6,387
and the provisions contained in such obligations. 6,388
(D) "State agencies" means the state of Ohio and officers, 6,390
boards, commissions, departments, divisions, or other units or 6,391
agencies of the state. 6,392
(E) "Governmental agency" means state agencies, state 6,394
supported and assisted institutions of higher education, 6,395
municipal corporations, counties, townships, school districts, 6,396
and any other political subdivision or special district in this 6,397
state established pursuant to law, and, except where otherwise 6,398
indicated, also means the United States or any department, 6,399
division, or agency thereof, and any agency, commission, or 6,400
authority established pursuant to an interstate compact or 6,401
agreement. 6,402
(F) "Institutions of higher education" and "state 6,404
supported or state assisted institutions of higher education" 6,405
means the state universities identified in section 3345.011 of 6,406
the Revised Code, the medical college of Ohio at Toledo, the 6,407
northeastern Ohio universities college of medicine, state 6,408
universities or colleges at any time created, community college 6,409
districts, university branch districts, and technical college 6,410
districts at any time established or operating under Chapter 6,411
3354., 3355., or 3357. of the Revised Code, institutions at any 6,412
time established or operating under Chapter 3349. of the Revised 6,413
Code, and other institutions for education, including technical 6,414
education, beyond the high school, receiving state support or 6,415
assistance for their expenses of operation. 6,416
(G) "Governing body" means: 6,418
(1) In the case of institutions of higher education, the 6,420
board of trustees, board of directors, commission, or other body 6,421
vested by law with the general management, conduct, and control 6,422
138
of one or more institutions of higher education; 6,423
(2) In the case of a county, the board of county 6,425
commissioners or other legislative body; in the case of a 6,426
municipal corporation, the council or other legislative body; in 6,427
the case of a township, the board of township trustees; in the 6,428
case of a school district, the board of education; 6,429
(3) In the case of any other governmental agency, the 6,431
officer, board, commission, authority or other body having the 6,432
general management thereof or having jurisdiction or authority in 6,433
the particular circumstances. 6,434
(H) "Person" means any person, firm, partnership, 6,436
association, or corporation. 6,437
(I) "Bond service charges" means principal, including 6,439
mandatory sinking fund requirements for retirement of 6,440
obligations, and interest, and redemption premium, if any, 6,441
required to be paid by the Ohio public facilities commission 6,442
STATE on obligations. 6,443
(J) "Capital facilities" means buildings, structures, and 6,445
other improvements, and equipment, real estate, and interests in 6,446
real estate therefor, within the state, and any one, part of, or 6,447
combination of the foregoing, to serve the general purposes for 6,448
which the commission ISSUING AUTHORITY is authorized to issue 6,449
obligations pursuant to Chapter 154. of the Revised Code, 6,451
including, but not limited to, drives, roadways, parking 6,452
facilities, walks, lighting, machinery, furnishings, utilities, 6,453
landscaping, wharves, docks, piers, reservoirs, dams, tunnels, 6,454
bridges, retaining walls, riprap, culverts, ditches, channels, 6,455
watercourses, retention basins, standpipes and water storage 6,456
facilities, waste treatment and disposal facilities, heating, air 6,457
conditioning and communications facilities, inns, lodges, cabins, 6,458
camping sites, golf courses, boat and bathing facilities, 6,459
athletic and recreational facilities, and site improvements. 6,460
(K) "Costs of capital facilities" means the costs of 6,462
acquiring, constructing, reconstructing, rehabilitating, 6,463
139
remodeling, renovating, enlarging, improving, equipping, or 6,464
furnishing capital facilities, and the financing thereof, 6,465
including the cost of clearance and preparation of the site and 6,466
of any land to be used in connection with capital facilities, the 6,467
cost of any indemnity and surety bonds and premiums on insurance, 6,468
all related direct administrative expenses and allocable portions 6,469
of direct costs of the commission OR ISSUING AUTHORITY and 6,470
department of administrative services, or other designees of the 6,471
commission under section 154.17 of the Revised Code, cost of 6,473
engineering and architectural services, designs, plans, 6,475
specifications, surveys, and estimates of cost, legal fees, fees 6,476
and expenses of trustees, depositories, and paying agents for the 6,477
obligations, cost of issuance of the obligations and financing 6,478
charges and fees and expenses of financial advisers and 6,479
consultants in connection therewith, interest on obligations from 6,480
the date thereof to the time when interest is to be covered from 6,481
sources other than proceeds of obligations, amounts necessary to 6,482
establish reserves as required by the bond proceedings, costs of 6,483
audits, the reimbursement of all moneys advanced or applied by or 6,484
borrowed from any governmental agency, whether to or by the 6,485
commission or others, from whatever source provided, for the 6,486
payment of any item or items of cost of the capital facilities, 6,488
any share of the cost undertaken by the commission pursuant to 6,489
arrangements made with governmental agencies under division (H) 6,491
of section 154.06 of the Revised Code, and all other expenses 6,492
necessary or incident to planning or determining feasibility or 6,493
practicability with respect to capital facilities, and such other 6,494
expenses as may be necessary or incident to the acquisition, 6,495
construction, reconstruction, rehabilitation, remodeling, 6,496
renovation, enlargement, improvement, equipment, and furnishing 6,497
of capital facilities, the financing thereof and the placing of 6,498
the same in use and operation, including any one, part of, or 6,499
combination of such classes of costs and expenses. 6,500
(L) "Public service facilities" means inns, lodges, 6,502
140
hotels, cabins, camping sites, scenic trails, picnic sites, 6,503
restaurants, commissaries, golf courses, boating and bathing 6,504
facilities and other similar facilities in state parks. 6,505
(M) "State parks" means: 6,507
(1) State reservoirs described and identified in section 6,509
1541.06 of the Revised Code; 6,510
(2) All lands or interests therein of the state identified 6,512
as administered by the division of parks and recreation in the 6,513
"inventory of state owned lands administered by the department of 6,514
natural resources as of June 1, 1963," as recorded in the journal 6,515
of the director, which inventory was prepared by the real estate 6,516
section of the department and is supported by maps now on file in 6,517
said real estate section; 6,518
(3) All lands or interests in lands of the state 6,520
designated after June 1, 1963, as state parks in the journal of 6,522
the director with the approval of the recreation and resources 6,523
council. 6,524
State parks do not include any lands or interest in lands 6,526
of the state administered jointly by two or more divisions of the 6,527
department of natural resources. The designation of lands as 6,528
state parks under divisions (M)(1) to (3) of this section is 6,529
conclusive and such lands shall be under the control of and 6,530
administered by the division of parks and recreation. No order 6,531
or proceeding designating lands as state parks or park purchase 6,532
areas is subject to any appeal or review by any officer, board, 6,533
commission, or court. 6,534
(N) "Bond service fund" means the applicable fund of the 6,536
commission created for and pledged to the payment of bond service 6,538
charges under section 154.20, 154.21, OR 154.22, or 154.23 of the 6,540
Revised Code, including all moneys and investments, and earnings 6,541
from investments, credited and to be credited thereto. 6,542
(O) "Improvement fund" means the applicable fund of the 6,544
commission created for the payment of costs of capital facilities 6,546
under section 154.20, 154.21, OR 154.22, or 154.23 of the Revised 6,548
141
Code, including all moneys and investments, and earnings from 6,549
investments, credited and to be credited thereto. 6,550
(P) "Special funds" or "funds" means, except where the 6,552
context does not permit, the bond service funds, the improvements 6,553
funds, and any other funds for similar or different purposes 6,554
created under bond proceedings, including all moneys and 6,555
investments, and earnings from investments, credited and to be 6,556
credited thereto. 6,557
(Q) "Year" unless the context indicates a different 6,559
meaning or intent, means a calendar year beginning on the first 6,560
day of January and ending on the thirty-first day of December. 6,561
(R) "Fiscal year" means the period of twelve months 6,563
beginning on the first day of July and ending on the thirtieth 6,564
day of June. 6,565
(S) "ISSUING AUTHORITY" MEANS THE TREASURER OF STATE OR 6,567
THE OFFICER OR EMPLOYEE WHO BY LAW PERFORMS THE FUNCTIONS OF THAT 6,568
OFFICE. 6,569
Sec. 154.02. (A) Pursuant to the provisions of Chapter 6,578
154. of the Revised Code, the Ohio public facilities commission 6,579
ISSUING AUTHORITY may issue obligations as from time to time 6,580
authorized by or pursuant to act or resolution of the general 6,582
assembly, consistent with such limitations thereon, subject to 6,583
section 154.12 of the Revised Code, as the general assembly may 6,584
thereby prescribe as to principal amount, bond service charges, 6,585
or otherwise, and shall cause the proceeds thereof to be applied 6,586
to those capital facilities designated by or pursuant to act of 6,587
the general assembly for mental hygiene and retardation, state 6,588
supported and assisted institutions of higher education, 6,589
including technical education, AND parks and recreation, and 6,590
housing of branches and agencies of state government, including 6,591
capital facilities for the purposes of housing personnel, 6,592
equipment, or functions, or any combination thereof that the 6,593
state agencies are responsible for housing. 6,594
(B) The authority provided by Chapter 154. of the Revised 6,596
142
Code is in addition to any other authority provided by law for 6,597
the same or similar purposes, except as may otherwise 6,598
specifically be provided in Chapter 154. of the Revised Code. In 6,599
case any section or provision of Chapter 154. of the Revised Code 6,600
or in case any covenant, stipulation, obligation, resolution, 6,601
trust agreement, indenture, lease agreement, act, or action, or 6,602
part thereof, made, assumed, entered into, or taken under Chapter 6,603
154. of the Revised Code, or any application thereof, is for any 6,604
reason held to be illegal or invalid, such illegality or 6,605
invalidity shall not affect the remainder thereof or any other 6,606
section or provision of Chapter 154. of the Revised Code or any 6,607
other covenant, stipulation, obligation, resolution, trust 6,608
agreement, indenture, lease, agreement, act, or action, or part 6,609
thereof, made, assumed, entered into, or taken under such 6,610
chapter, which shall be construed and enforced as if such illegal 6,611
or invalid portion were not contained therein, nor shall such 6,612
illegality or invalidity or any application thereof affect any 6,613
legal and valid application thereof, and each such section, 6,614
provision, covenant, stipulation, obligation, resolution, trust 6,615
agreement, indenture, lease, agreement, act, or action, or part 6,616
thereof, shall be deemed to be effective, operative, made, 6,617
entered into or taken in the manner and to the full extent 6,618
permitted by law. 6,619
Sec. 154.05. (A) The Ohio public facilities commission 6,628
may adopt and alter bylaws and rules for the conduct of its 6,629
affairs, including provisions for meetings, and for the manner, 6,630
subject to Chapter 154. of the Revised Code, in which its powers 6,631
and functions shall be exercised and embodied, and adopt and 6,632
alter at will an official seal to be affixed to official 6,633
documents, provided that the failure to affix such seal shall not 6,634
affect the legality of such documents. Members of the commission 6,635
shall receive no added compensation for their services as such 6,636
members but may be reimbursed, as determined by the commission, 6,637
for their necessary and actual expenses incurred in the conduct 6,638
143
of the commission's business. 6,639
(B) The commission ISSUING AUTHORITY shall annually make a 6,641
full and detailed report of its proceedings to the governor and 6,643
to the general assembly, to include the following: 6,644
(1) The principal amount of obligations issued and sold 6,646
during the annual period under authority of Chapter 154. of the 6,647
Revised Code, the purposes for which they were issued, their 6,648
dates, the dates and amounts of payment of principal and 6,649
interest, AND the interest rates on such issues, and the interest 6,650
rate estimated for such issues prior to sale; 6,651
(2) The total amount of such obligations outstanding at 6,653
the end of the annual period and the amount authorized but not 6,654
issued; 6,655
(3) The amount of such obligations which were retired 6,657
during the annual period, the sources from which moneys were 6,658
derived for such THAT purpose, the amount of anticipatory notes 6,659
retired by issuance of bonds, and the amount of such notes 6,660
retired by issuance of renewal notes; 6,661
(4) The amounts of money, dates upon which it must be made 6,663
available, and proposed sources of payment, in order to make 6,664
payments during the next annual period of bond service charges on 6,665
the obligations outstanding at the end of the annual period; 6,666
(5) The amounts credited to the several bond service funds 6,668
created in connection with such THE obligations during the annual 6,670
period and the balances in such THOSE funds at the end of the 6,671
annual period, the amount, if any, in such THOSE funds which THAT 6,674
is restricted to payment of bond service charges on specified 6,675
issues of notes or bonds, and the specified issues of notes or 6,676
bonds with respect to which such amount is so restricted; 6,677
(6) A description of such other transactions and 6,679
proceedings as may be necessary in order to provide a full and 6,680
detailed report of the activities of the commission ISSUING 6,681
AUTHORITY in connection with obligations authorized under Chapter 6,682
154. of the Revised Code. 6,684
144
(B) The reports required by this division SECTION shall 6,687
each be for annual periods ending on the thirtieth day of June of 6,688
each year, and shall be submitted to the governor and the general 6,689
assembly no later than ninety days after the end of each annual 6,690
period.
Sec. 154.06. In connection with capital facilities 6,699
financed by the Ohio public facilities commission pursuant to 6,701
THIS CHAPTER AND authorization by the general assembly, the 6,702
commission may: 6,703
(A) Acquire by appropriation, subject to Chapter 163. of 6,705
the Revised Code, or by gift, grant, lease, or purchase, or 6,706
combination thereof, and hold, lease, and dispose of real estate 6,707
and interests therein and personal property for the purposes of 6,708
Chapter 154. of the Revised Code; 6,709
(B) Acquire, purchase, construct, reconstruct, equip, 6,711
furnish, improve, alter, enlarge, remodel, renovate, 6,712
rehabilitate, maintain, repair, and operate capital facilities 6,713
for the purposes set forth in Chapter 154. of the Revised Code; 6,714
(C) Enter into agreements with the director of 6,716
administrative services providing for the director to acquire by 6,717
appropriation, subject to Chapter 163. of the Revised Code, real 6,718
estate and interests therein on behalf of the commission for the 6,720
purposes of Chapter 154. of the Revised Code and the director may 6,721
enter into such agreements and appropriate pursuant thereto; 6,722
(D) Enter into leases or other agreements with 6,724
governmental agencies upon such terms as are mutually 6,725
satisfactory, which may include provisions, among others, for 6,726
rental payments commencing at or at any time after execution of 6,727
such lease and before completion of the capital facilities leased 6,728
thereby, provisions relating to the disposition of such capital 6,729
facilities, and provisions, if determined by the commission, for 6,730
waiver of rights of repossession by the commission; and such 6,732
governmental agencies may enter into such leases and agreements 6,733
with the commission and into subleases and agreements between 6,735
145
governmental agencies pertaining to capital facilities financed 6,736
by the commission, upon terms and conditions mutually 6,737
satisfactory to the parties and without competitive bidding, and 6,738
any agreement of such governmental agency to make rental, use, or 6,739
other payments or payment of purchase price, in installments or 6,740
otherwise, or repayments to or on account AT THE DIRECTION of the 6,742
commission, and the obligations issued by the commission shall 6,743
not be deemed to constitute indebtedness, bonded or otherwise, or 6,744
bonds, notes, or other evidence of indebtedness of such 6,745
governmental agency for the purpose of Chapter 133. of the 6,746
Revised Code or any other purpose; such lease and agreements 6,747
requiring payments beyond the current year are continuing 6,748
contracts for the purposes of sections 5705.41 and 5705.44 of the 6,749
Revised Code;
(E) Contract for the services of financial consultants, 6,751
appraisers, consulting engineers, architects, construction and 6,752
accounting experts, attorneys, and other consultants and 6,753
independent contractors, as are necessary in its judgment to 6,754
carry out ITS FUNCTIONS AND RESPONSIBILITIES UNDER Chapter 154. 6,755
of the Revised Code; 6,756
(F) Enter into agreements with one or more governmental 6,758
agencies or any combination thereof for the management or general 6,759
custodial care and supervision of capital facilities, and such 6,760
governmental agencies are authorized to enter into such 6,761
agreements with the commission upon terms and conditions mutually 6,763
satisfactory to the parties; 6,764
(G) Borrow money or accept advances, loans, gifts, grants, 6,766
devises, or bequests from, and enter into contracts or agreements 6,767
therefor with, any governmental agency or person, and hold and 6,768
apply advances, loans, gifts, grants, devises, or bequests, and 6,769
the capital facilities to which the same relate, according to the 6,770
terms thereof, which advances, loans, gifts, grants, or devises 6,771
may, as to real estate be in fee simple or of any lesser estate 6,772
and may be subject to reasonable reservations, and which advances 6,773
146
or loans received from any governmental agency or person may be 6,774
repaid in accordance with the terms of such advance or loan; 6,775
(H) Enter into agreements or arrangements with the 6,777
appropriate governmental agency for the planning and installation 6,778
of streets, roads, alleys, public parks and recreation areas, 6,779
public utility facilities, and other necessary appurtenances to 6,780
its capital facilities; 6,781
(I) Purchase or provide for fire and extended coverage 6,783
insurance for its property and such other insurance the 6,784
commission may agree to provide under applicable bond 6,786
proceedings;
(J) Enter into contracts and execute all instruments 6,788
necessary or incidental to the performance of its duties and the 6,789
execution of its powers and do all other acts necessary or proper 6,790
to the fulfillment of its purposes and to carry out the powers 6,791
expressly granted in Chapter 154. of the Revised Code. 6,792
Any instrument by which real property is acquired pursuant 6,794
to this section shall identify the agency of the state that has 6,795
the use and benefit of the real property as specified in section 6,796
5301.012 of the Revised Code.
Sec. 154.07. For the respective purposes provided in 6,805
sections 154.20, 154.21, AND 154.22, and 154.23 of the Revised 6,806
Code, the Ohio public facilities commission ISSUING AUTHORITY 6,807
may issue obligations of the state of Ohio or of the commission 6,808
as provided in Chapter 154. of the Revised Code, provided that 6,810
the holders or owners of such obligations shall have no right to 6,811
have excises or taxes levied by the general assembly for the 6,812
payment of the bond service charges thereon. The right of such 6,813
holders and owners to payment of such bond service charges shall 6,815
be limited to the revenues or receipts and funds pledged thereto 6,816
in accordance with Chapter 154. of the Revised Code, and each 6,817
such obligation shall bear on its face a statement to that 6,818
effect. Chapter 154. of the Revised Code does not permit, and no 6,819
provision thereof OF THAT CHAPTER shall be applied to authorize 6,821
147
or grant, a pledge of charges for the treatment or care of mental 6,822
hygiene and retardation patients to bond service charges on 6,823
obligations other than those issued for capital facilities for 6,824
mental hygiene and retardation, or a pledge of any receipts of or 6,825
on behalf of state supported or state assisted institutions of 6,826
higher education to bond service charges on obligations other 6,827
than those issued for capital facilities for state supported or 6,828
state assisted institutions of higher education, or a pledge of 6,829
receipts with respect to parks and recreation to bond service 6,830
charges on obligations other than those issued for capital 6,831
facilities for parks and recreation, or a pledge of revenues or 6,832
receipts received by or on behalf of any state agency to bond 6,833
service charges on obligations other than those issued for 6,834
capital facilities which are in whole or in part useful to, 6,835
constructed by, or financed by the state agency that receives the 6,836
revenues or receipts so pledged.
Sec. 154.08. (A) Obligations issued by the Ohio public 6,845
facilities commission UNDER THIS CHAPTER shall be authorized by 6,847
ORDER OR resolution of the commission ISSUING AUTHORITY, and the 6,848
bond proceedings shall provide for the purpose thereof, the 6,850
principal amount, the permitted discount, if any, the principal 6,851
maturity or maturities, not exceeding forty years from the date 6,852
of issuance, the interest rate or rates, which may be a variable 6,853
rate or rates, or the maximum interest rate, the date of the 6,854
obligations and the dates of payment of interest thereon, their 6,855
denomination, the manner of sale for purposes of division (D) of 6,856
this section, and the establishment within or without the state 6,857
of a place or places of payment of principal of and interest on 6,858
such obligations. The purpose of such obligations may be stated 6,859
in the bond proceedings in terms describing the general purpose 6,860
to be served by the capital facilities to be financed by such 6,861
obligations. The bond proceedings shall also provide, subject to 6,862
the provisions of any other applicable bond proceedings, for the 6,863
pledge of all, or such part as the commission ISSUING AUTHORITY 6,864
148
may determine, of the applicable revenues or receipts which may 6,865
be pledged to the payment of bond service charges on obligations 6,867
issued for such purpose as authorized by Chapter 154. of the 6,868
Revised Code, and a pledge of the applicable bond service fund 6,869
and other special funds to the payment of the bond service 6,870
charges on such obligations, which pledges may be made either 6,871
prior or subordinate to other expenses, claims, or payments, and 6,872
may be made to secure the obligations on a parity with 6,873
obligations theretofore or thereafter issued by the commission 6,874
AUTHORITY, if and to the extent provided in the bond proceedings. 6,875
The revenues, receipts, bond service fund, and other special 6,876
funds so pledged and thereafter received by the commission 6,877
ISSUING AUTHORITY are immediately subject to the lien of such 6,878
pledge without any physical delivery thereof or further act, and
the lien of any such pledge is valid and binding against all 6,879
parties having claims of any kind against the commission 6,880
AUTHORITY, irrespective of whether such parties have notice 6,882
thereof, and shall create a perfected security interest for all 6,883
purposes of Chapter 1309. of the Revised Code, without the 6,884
necessity for separation or delivery of funds or for the filing 6,885
or recording of the bond proceedings by which such pledge is 6,886
created or any certificate, statement, or other document with 6,887
respect thereto; and the pledge of such revenues, receipts, bond 6,888
service funds, and the special funds is effective and the money 6,889
therefrom and thereof may be applied to the purposes for which 6,890
pledged without necessity for any act of appropriation. Every 6,891
pledge, and every covenant and agreement made with respect 6,892
thereto, made in the bond proceedings may therein be extended to 6,893
the benefit of the owners and holders of obligations authorized 6,894
by Chapter 154. of the Revised Code, and to any trustee therefor, 6,895
for the further securing of the payment of the bond service 6,896
charges and all or any rights under any agreement or lease made 6,897
under this section may be assigned for such purpose. 6,898
(B) The bond proceedings may contain additional provisions 6,900
149
as to: 6,901
(1) The redemption of obligations prior to maturity at the 6,903
option of the commission ISSUING AUTHORITY at such price or 6,904
prices and under such terms and conditions as are provided in the 6,906
bond proceedings;
(2) The acquisition, construction, reconstruction, 6,908
equipment, furnishing, improvement, operation, alteration, 6,909
enlargement, maintenance, insurance, and repair of capital 6,910
facilities, sites therefor, and the duties of the commission with 6,912
reference thereto; 6,913
(3) Other terms of the obligations; 6,915
(4) Limitations on the purposes to which the proceeds of 6,917
the obligations may be applied; 6,918
(5) The rentals for the use of the capital facilities, 6,920
including limitations upon the power of the commission to modify 6,922
such rentals; 6,923
(6) The use and expenditure of the revenues of the 6,925
commission ISSUING AUTHORITY in such manner and to such extent as 6,927
is determined THE AUTHORITY DETERMINES, which may include 6,928
provision for the payment of the expenses of operation, 6,929
maintenance, and repair of capital facilities, and of the 6,930
operation and administration of the commission AUTHORITY RELATING 6,931
TO OBLIGATIONS so that such THOSE expenses, or part thereof OF 6,933
THEM, shall be paid or provided as a charge prior or subsequent 6,935
to the payment of bond service charges and any other payments 6,936
required to be made by the bond proceedings;
(7) Limitations on the issuance of additional obligations; 6,938
(8) The terms of any trust agreement or indenture securing 6,940
the obligations or under which the obligations may be issued; 6,941
(9) The deposit, investment and application of special 6,943
funds, and the safeguarding of funds on hand or on deposit 6,944
without regard to Chapter 131. or 135. of the Revised Code, but 6,945
subject to special provisions of Chapter 154. of the Revised Code 6,946
with respect to particular funds, provided that the commission 6,947
150
may, subject to the provisions of any applicable bond 6,948
proceedings, designate the treasurer of state as the ex officio 6,949
treasurer of the commission; and any bank or trust company which 6,950
acts as depository of any moneys of the commission OR AUTHORITY 6,951
may furnish such indemnifying bonds or may pledge such securities 6,953
as required by the commission OR AUTHORITY; 6,954
(10) That any or every provision of the bond proceedings 6,956
is binding upon such officer, board, commission, authority, 6,957
agency, department, or other person or body as may from time to 6,958
time have the authority under law to take such actions as may be 6,959
necessary to perform all or any part of the duty required by such 6,960
provision; 6,961
(11) Any provision which may be made in a trust agreement 6,963
or indenture; 6,964
(12) Credit enhancement facilities, as defined in section 6,967
133.01 of the Revised Code, the cost of which may be included in 6,968
the costs of issuance of the obligations, and the pledge, 6,969
holding, and disposition of the proceeds thereof;
(13) Any other or additional agreements with the holders 6,971
of the obligations, or the trustee therefor, with respect to the 6,972
operation of the commission and ISSUING AUTHORITY with respect to 6,974
its property, OBLIGATIONS AND RELATED funds, and revenues, and 6,975
insurance thereof, and of the commission, AND its members, OR 6,976
officers, and employees. 6,977
(C) The obligations may have the GREAT seal of the 6,979
commission STATE or a facsimile thereof affixed thereto or 6,981
printed thereon and shall be executed by THE TREASURER OF STATE 6,982
OR such members or OTHER EXECUTIVE officers of the commission 6,983
STATE as are designated in the bond proceedings, provided that, 6,985
consistent with section 9.96 of the Revised Code, all but one of 6,986
such signatures on obligations, whenever issued, may be facsimile 6,987
signatures. Any coupons pertaining to obligations shall bear the 6,989
facsimile signature of such member or THE INDIVIDUAL officer of 6,990
the commission OR OFFICERS as is designated in the bond 6,992
151
proceedings. Any obligations or coupons may be executed by a 6,993
member or officer AN INDIVIDUAL who, on the date of execution, is 6,994
the proper member or officer although on the date of such bonds 6,995
or coupons such person was not the proper member or officer. In 6,996
case any member or officer whose signature or a facsimile of 6,997
whose signature appears on any such obligation or coupon ceases 6,998
to be a member or such officer before delivery thereof, such 6,999
signature or facsimile is nevertheless valid and sufficient for 7,000
all purposes as if he THE OFFICER had remained a member or such 7,001
officer until such delivery; and in case the GREAT seal of the 7,003
commission or the seal to be affixed to obligations issued by the 7,006
commission STATE has been changed after a facsimile of the seal 7,008
has been imprinted on such obligations, such facsimile seal shall 7,009
continue to be sufficient as to such obligations and obligations 7,010
issued in substitution or exchange therefor. 7,011
All obligations issued by the commission are negotiable 7,014
instruments and securities under Chapter 1308. of the Revised 7,015
Code, subject to the provisions of the bond proceedings as to 7,016
registration. The obligations may be issued in coupon or in 7,017
registered form, or both, as the commission ISSUING AUTHORITY 7,018
determines. Provision may be made for the registration of any 7,020
obligations with coupons attached thereto as to principal alone 7,021
or as to both principal and interest, their exchange for 7,022
obligations so registered, and for the conversion or reconversion 7,023
into obligations with coupons attached thereto of any obligations 7,024
registered as to both principal and interest, and for reasonable 7,025
charges for such registration, exchange, conversion, and 7,026
reconversion. 7,027
(D) Obligations issued by the commission may be sold at 7,030
public SALE or AT private sale, IN SUCH MANNER, AND AT SUCH 7,032
PRICE, AS DETERMINED BY AND PROVIDED BY THE ISSUING AUTHORITY IN 7,033
THE BOND PROCEEDINGS. The sale of obligations at private sale 7,035
shall be subject to the approval of the controlling board. 7,036
Obligations which are sold at public sale shall be sold either, 7,037
152
as determined in the bond proceedings, to the highest bidder or 7,038
bidders therefor based on the lowest interest cost to absolute 7,039
maturity, or to the bidder or combination of bidders bidding the 7,040
lowest interest rate or combination of rates. Notice of sale of 7,041
obligations to be sold at public sale shall be published once, 7,042
before the date of sale, in one or more financial journals OR VIA 7,043
APPROPRIATE ELECTRONIC MEDIA. Each of such published notices 7,045
NOTICE shall state or provide for, or provide for the manner of 7,046
determining: the day, hour, and place of the sale and manner and 7,048
method of bidding; the total principal amount, the permitted 7,049
discount, if any, and date of the obligations to be sold; and the 7,050
dates of payment of principal and interest; whether or not they 7,051
are or may be callable; and information relative to the 7,052
denominations, and amounts of principal maturities, together with 7,053
such other information as the commission ISSUING AUTHORITY may 7,054
determine or authorize, including without limitation thereto, the 7,056
method, including that of discounting present value, of 7,057
determining the lowest interest cost or lowest combination of 7,058
interest rates, limitations on interest rates, and any other 7,059
conditions and terms of the sale or bidding. The commission
ISSUING AUTHORITY may reject all bids and readvertise and reoffer 7,061
obligations for sale.
(E) Pending preparation of definitive obligations, the 7,063
commission ISSUING AUTHORITY may issue interim receipts or 7,064
certificates which shall be exchanged for such definitive 7,067
obligations.
(F) IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS 7,069
PURSUANT TO THIS CHAPTER, THE ISSUING AUTHORITY MAY: 7,070
(1) CONTRACT FOR THE SERVICES OF FINANCIAL CONSULTANTS, 7,072
ACCOUNTING EXPERTS, AND OTHER CONSULTANTS AND INDEPENDENT 7,073
CONTRACTORS, AS ARE NECESSARY IN THAT AUTHORITY'S JUDGMENT TO 7,074
CARRY OUT THE AUTHORITY'S FUNCTIONS AND RESPONSIBILITIES UNDER 7,075
THIS CHAPTER;
(2) ENTER INTO CONTRACTS AND EXECUTE ALL INSTRUMENTS 7,077
153
NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF THE AUTHORITY'S 7,078
DUTIES AND THE EXECUTION OF THE AUTHORITY'S POWERS AND DO ALL 7,079
OTHER ACTS NECESSARY OR PROPER TO THE FULFILLMENT OF THE 7,080
AUTHORITY'S PURPOSES AND TO CARRY OUT THE POWERS EXPRESSLY 7,081
GRANTED IN THIS CHAPTER.
(G) THE ISSUING AUTHORITY SHALL HAVE RESPONSIBILITY FOR 7,083
KEEPING RECORDS, MAKING REPORTS, AND MAKING PAYMENTS RELATED TO 7,084
ARBITRAGE COMPLIANCE AND REBATE REQUIREMENTS UNDER THE BOND 7,085
PROCEEDINGS FOR OBLIGATIONS ISSUED PURSUANT TO THIS CHAPTER. 7,086
Sec. 154.09. In the discretion of the Ohio public 7,095
facilities commission ISSUING AUTHORITY, obligations may be 7,096
secured additionally by a trust agreement or indenture between 7,097
the commission STATE and a corporate trustee which may be any 7,099
trust company or bank having the powers of a trust company within 7,100
or without this state but authorized to exercise trust powers 7,101
within this state. Any such agreement or indenture may contain 7,102
the resolution OR ORDER authorizing the issuance of the 7,104
obligations, any provisions that may be contained in any bond 7,105
proceedings, and other provisions which are customary or 7,106
appropriate in an agreement or indenture of such type, including 7,107
but not limited to:
(A) Maintenance of each pledge, trust agreement, 7,109
indenture, or other instrument comprising part of the bond 7,110
proceedings until the commission OR ISSUING AUTHORITY has fully 7,111
paid the bond service charges on the obligations secured thereby, 7,113
or provision therefor has been made. 7,114
(B) In the event of default in any payments required to be 7,116
made by the bond proceedings, or any other agreement of the 7,117
commission OR ISSUING AUTHORITY made as a part of the contract 7,118
under which the obligations were issued, enforcement of such 7,120
payments or agreement by mandamus, the appointment of a receiver, 7,121
suit in equity, action at law, or any combination of the 7,122
foregoing;
(C) The rights and remedies of the holders of obligations 7,124
154
and of the trustee, and provisions for protecting and enforcing 7,125
them, including limitations on rights of individual holders of 7,126
obligations; 7,127
(D) The replacement of any obligations which become 7,129
mutilated or are destroyed, lost, or stolen; 7,130
(E) Such other provisions as the trustee and the 7,132
commission ISSUING AUTHORITY agree upon, including limitations, 7,133
conditions, or qualifications relating to any of the foregoing. 7,134
Sec. 154.10. Any holder of obligations issued pursuant to 7,143
Chapter 154. of the Revised Code or a trustee under the bond 7,144
proceedings, except to the extent that their rights are 7,145
restricted by the bond proceedings, may by any suitable form of 7,146
legal proceedings, protect and enforce any rights under the laws 7,147
of this state or granted by such bond proceedings. Such rights 7,148
include the right to compel the performance of all duties of the 7,149
Ohio public facilities commission AND ISSUING AUTHORITY required 7,150
by Chapter 154. of the Revised Code or the bond proceedings; to 7,153
enjoin unlawful activities; and in the event of default with 7,154
respect to the payment of any bond service charges on any 7,155
obligations or in the performance of any covenant or agreement on 7,156
the part of the commission OR AUTHORITY in the bond proceedings, 7,157
to apply to a court having jurisdiction of the cause to appoint a 7,159
receiver to receive and administer the revenues, receipts, and 7,160
special funds, other than those in the custody of the treasurer 7,161
of state, which are pledged to the payment of the bond service 7,162
charges on such obligations or which are the subject of the 7,163
covenant or agreement, with full power to pay, and to provide for 7,164
payment of bond service charges on, such obligations, and with 7,165
such powers, subject to the direction of the court, as are 7,166
accorded receivers in general equity cases, excluding any power 7,167
to pledge additional revenues or receipts or other income or 7,168
moneys of the commission OR AUTHORITY or the state or state 7,170
agencies to the payment of such principal and interest and 7,171
excluding the power to take possession of, mortgage, or cause the 7,172
155
sale or otherwise dispose of any capital facilities.
Each duty of the commission AND ISSUING AUTHORITY and its 7,174
THEIR members, officers, and employees, and of each governmental 7,177
agency and its officers, members, or employees, undertaken 7,178
pursuant to the bond proceedings or any agreement or lease made 7,179
under authority of Chapter 154. of the Revised Code, and in every 7,180
agreement by or with the commission OR AUTHORITY, is hereby 7,181
established as a duty of the commission OR AUTHORITY, and of each 7,183
such member, officer, or employee having authority to perform 7,186
such duty, specifically enjoined by law resulting from an office, 7,187
trust, or station within the meaning of section 2731.01 of the 7,188
Revised Code.
The persons who are at the time the members ISSUING 7,190
AUTHORITY OR THAT AUTHORITY'S EMPLOYEES, AND THE MEMBERS OR 7,192
OFFICERS of the commission or its officers or employees are not 7,194
liable in their personal capacities on any obligations issued by 7,195
the commission, or any RELATED lease, contract, or other 7,196
agreement of or with the commission OR AUTHORITY. 7,197
Sec. 154.11. The Ohio public facilities commission ISSUING 7,206
AUTHORITY may authorize and issue obligations for the refunding, 7,207
including funding and retirement, of any obligations previously 7,208
issued by the commission UNDER THIS CHAPTER. Such obligations 7,209
may be issued in amounts sufficient for payment of the principal 7,211
amount of the prior obligations, any redemption premiums thereon, 7,212
principal maturities of any such obligations maturing prior to 7,213
the redemption of the remaining obligations on a parity 7,214
therewith, interest accrued or to accrue to the maturity dates or 7,215
dates of redemption of such obligations, and any expenses 7,216
incurred or to be incurred in connection with such issuance and 7,217
such refunding, funding, and retirement. Subject to the bond 7,218
proceedings therefor, the portion of proceeds of the sale of 7,219
obligations issued under this section to be applied to bond 7,220
service charges on the prior obligations shall be credited to the 7,221
bond service fund for said THOSE PRIOR obligations. Obligations 7,222
156
authorized under this section shall be deemed to be issued for 7,224
those purposes for which such THOSE prior obligations were issued 7,225
and are subject to the provisions of Chapter 154. of the Revised 7,226
Code pertaining to other obligations, except as otherwise 7,227
indicated by this section and except for division (A) of section 7,228
154.02 of the Revised Code, provided that, unless otherwise 7,229
authorized by the general assembly, any limitations imposed by 7,230
the general assembly pursuant to such THAT division with respect 7,231
to bond service charges applicable to the prior obligations shall 7,233
be applicable to the obligations issued under this section to 7,234
refund, fund, or retire such THOSE prior obligations. 7,235
Sec. 154.12. The authority to issue obligations under 7,244
Chapter 154. of the Revised Code includes authority to issue 7,245
obligations in the form of bond anticipation notes and to renew 7,246
the same from time to time by the issuance of new notes, but the 7,247
maximum maturity of such notes, including renewals thereof, 7,248
unless otherwise authorized by the general assembly, shall not 7,249
exceed five years from the date of the issuance of the original 7,250
notes. The holders of such notes or interest coupons pertaining 7,251
thereto shall have a right to be paid solely from the revenues, 7,252
receipts, and funds that may be pledged to the payment of such 7,253
THE bonds, or from the proceeds of such THE bonds or renewal 7,255
notes, or both, as the commission ISSUING AUTHORITY provides in 7,258
its resolution OR ORDER authorizing such THE notes. Such notes 7,259
NOTES may be additionally secured by covenants of the Ohio public 7,261
facilities commission AUTHORITY to the effect that the commission 7,263
AUTHORITY will do such or all things necessary for the issuance 7,265
of such bonds or renewal notes in appropriate amount, and either 7,266
exchange such THOSE bonds or renewal notes therefor or apply the 7,268
THEIR proceeds thereof to the extent necessary, to make full 7,269
payment of the principal of and interest on such THOSE notes at 7,270
the time or times contemplated, as provided in such resolution OR 7,272
ORDER. For such THAT purpose, the commission AUTHORITY may issue 7,274
bonds or renewal notes in such principal amount and upon such 7,276
157
terms as may be necessary to provide funds to pay when required 7,277
the principal of and interest on such THOSE notes, 7,278
notwithstanding any limitations prescribed by or for purposes of 7,279
Chapter 154. of the Revised Code. Subject to this section, all 7,280
provisions for and references to obligations in Chapter 154. of 7,281
the Revised Code are applicable to notes authorized under this 7,282
section. 7,283
The commission ISSUING AUTHORITY in the bond proceedings 7,285
authorizing the issuance of bond anticipation notes shall set 7,287
forth for such THE bonds ANTICIPATED an estimated interest rate 7,288
and a schedule of principal payments for such bonds and the 7,290
annual maturity dates thereof, and for purposes of any limitation 7,291
on bond service charges prescribed under division (A) of section 7,292
154.02 of the Revised Code, the amount of bond service charges on 7,293
such THOSE bond anticipation notes shall be deemed to be the bond 7,294
service charges for the bonds anticipated thereby BY THEM as set 7,295
forth in the bond proceedings applicable to such THOSE notes, but 7,297
this provision does not modify any authority in Chapter 154. of 7,299
the Revised Code to pledge applicable revenues, receipts, and 7,300
funds to the payment of principal of, premium, if any, and 7,301
interest on such notes.
Sec. 154.14. All property, real or personal, purchased, 7,310
acquired, constructed, or owned by the Ohio public facilities 7,311
commission UNDER THIS CHAPTER, or financed in whole or in part by 7,313
obligations issued by the commission UNDER THIS CHAPTER, and used 7,314
by the commission or any governmental agency for the exercise of 7,317
its powers and duties, is public property used exclusively for a 7,318
public purpose, and such property and the income of the 7,319
commission OR ISSUING AUTHORITY or any governmental agency 7,321
therefrom is exempt from all taxation and assessment within this 7,322
state, including ad valorem and excise taxes. The obligations 7,323
issued under Chapter 154. of the Revised Code, the transfer 7,324
thereof, and the income therefrom, including any profit made on 7,325
the sale thereof, shall at all times be free from taxation within 7,326
158
the state. The transfer of tangible personal property by lease 7,327
under authority of Chapter 154. of the Revised Code is not a sale 7,328
as used in Chapter 5739. of the Revised Code. 7,329
Sec. 154.15. Any governmental agency may enter into an 7,338
agreement with the Ohio public facilities commission permitting 7,340
the commission to use for purposes of the commission any property 7,342
in the use of such governmental agency or under its control upon 7,343
such terms and conditions as they may mutually agree upon, 7,344
provided only that the consent of the governing body of such 7,345
governmental agency shall be obtained, and if title to such 7,346
property is in the name of the state the consent of the governor 7,347
also shall be obtained. The agreement shall specify the 7,348
boundaries of any land to which it pertains. Such agreement 7,349
shall be irrevocable so long as obligations issued under Chapter 7,350
154. of the Revised Code to pay costs of capital facilities on 7,351
the land referred to in such THAT agreement are outstanding. 7,352
Such agreement may provide that the plans and specifications for 7,354
the capital facilities to be constructed on any property to which 7,355
the permission relates are subject to approval by the 7,356
governmental agency granting such THAT permission, or by such 7,357
officer, board, commission or other body designated by it in or 7,358
pursuant to such agreement, prior to advertisement for bids for 7,359
such construction or by such other time therein provided. 7,360
Sec. 154.16. Any governmental agency may lease, grant, or 7,369
convey to the Ohio public facilities commission, at its request, 7,370
any real property or interests therein including improvements 7,371
thereto or personal property of or under the control of such 7,372
governmental agency which is necessary or convenient to the 7,373
effectuation of the authorized purposes of the commission, 7,374
including public roads and other real property or interests 7,375
therein, including improvements thereto or personal property 7,376
already devoted to public use, upon such terms as the governing 7,377
body of the governmental agency, and the governor in the case of 7,378
real estate title of which is in the name of the state, and the 7,379
159
commission agree and without the necessity for advertisement, 7,381
auction, competitive bidding, order of court, or other action or 7,382
formality, other than the regular and formal action of such THAT 7,383
governing body, and the governor in the instance AS above stated 7,385
PROVIDED. Title to all real estate acquired by the commission 7,386
shall be taken in the name of the state. 7,387
Any instrument by which real property is acquired pursuant 7,389
to this section shall identify the agency of the state that has 7,390
the use and benefit of the real property as specified in section 7,391
5301.012 of the Revised Code.
Sec. 154.17. The departments of administrative services, 7,400
mental health, mental retardation and developmental disabilities, 7,401
rehabilitation and correction, AND natural resources, THE Ohio 7,402
board of regents, institutions of higher education, and other 7,404
state officers and state agencies shall cooperate with the Ohio 7,405
public facilities commission in providing services and 7,406
information requested by the commission for purposes of Chapter 7,408
154. of the Revised Code, and the commission may make mutually 7,410
satisfactory arrangements therefor and may thereunder designate 7,412
any governmental agency for the management or performance of 7,413
particular functions of the commission, other than the 7,414
authorization and issuance of obligations provided for in Chapter 7,415
154. of the Revised Code, pursuant to which designation, upon 7,416
acceptance thereof by such THAT governmental agency, such THAT 7,418
function may be carried out with the full force and effect as if 7,419
performed by the commission. Any such designation shall be made 7,420
only by formal action or written agreement of the commission. In 7,423
the management of capital facilities financed by the commission 7,424
or performance of other functions with respect thereto, a 7,426
governmental agency may exercise all powers which it has under 7,427
law with respect to other similar facilities under its 7,428
jurisdiction. 7,429
Contracts relating to capital facilities shall be made in 7,431
accordance with the law pertaining to the governmental agency 7,432
160
designated under authority of this section to perform such 7,433
contracting function, and in any other case shall be made in 7,434
accordance with Chapter 153. of the Revised Code, for which 7,435
purpose the commission shall be considered the owner, provided 7,438
that the commission may assign the function of owner to the 7,440
department of administrative services or other governmental 7,441
agency as it determines. The commission may acquire by 7,443
assignment from any governmental agency contracts which are not 7,444
completed and which involve acquiring, constructing, 7,445
reconstructing, rehabilitating, remodeling, renovating, 7,446
enlarging, improving, equipping, or furnishing capital 7,447
facilities, provided that such governmental agency has complied 7,448
with the procedures prescribed by laws for its letting of such 7,449
contract. 7,450
No contract shall be let or assignment thereof accepted 7,452
under this section involving performance in accordance with plans 7,453
and specifications until such plans and specifications have been 7,454
submitted to and approved by the governmental agency to have 7,455
responsibility for the management of the capital facilities 7,456
provided for in such plans and specifications, which approval 7,457
shall be considered to be given if no approval or disapproval is 7,458
communicated in writing to the commission or its designee for 7,461
such purpose within sixty days following such submission of plans 7,462
and specifications. Approval by such governmental agency of 7,463
changes in plans and specifications is not required if the 7,464
director of administrative services or the designee of the 7,465
commission for such purpose shall certify that such changes do 7,467
not substantially change the location, character, or extent of 7,468
such capital facilities. 7,469
Sec. 154.18. Unless otherwise provided in any applicable 7,478
bond proceedings, moneys to the credit of or in the several 7,479
improvement funds, bond service funds, or other special funds 7,480
established by or pursuant to UNDER this chapter may be invested 7,481
by or on behalf of the Ohio public facilities commission ISSUING 7,483
161
AUTHORITY only in notes, bonds, or other obligations of the 7,485
United States, or of any agency or instrumentality thereof, 7,486
obligations guaranteed as to principal and interest by the United 7,487
States, obligations of this state or any political subdivision 7,488
thereof, and certificates of deposit of any national bank located 7,489
INVESTMENTS REFERRED TO in this state and any bank as defined by 7,491
DIVISION (R) OF section 1101.01 151.01 of the Revised Code, 7,492
subject to inspection by the superintendent of financial 7,493
institutions. If the law or the instrument creating a trust 7,495
pursuant to section 154.09 of the Revised Code expressly permits 7,496
investment in direct obligations of the United States or an 7,497
agency thereof, unless expressly prohibited by the instrument, 7,498
such moneys also may be invested in no front end load money 7,499
market mutual funds consisting exclusively of obligations of the 7,500
United States or an agency thereof and in repurchase agreements, 7,501
including those issued by the fiduciary itself, secured by 7,502
obligations of the United States or an agency thereof; and in 7,503
collective investment funds established in accordance with 7,505
section 1111.14 of the Revised Code and consisting exclusively of 7,506
any such securities, notwithstanding division (A)(1)(c) of that 7,507
section. The income from such investments shall be credited to 7,508
such funds as the commission determines, and such investments may 7,509
be sold at such times as the commission determines or authorizes. 7,510
Sec. 154.19. Notwithstanding any other provisions of 7,519
Chapter 154. of the Revised Code with respect to bond service 7,520
funds and improvement funds, provision may be made in the 7,521
applicable bond proceedings for the establishment of separate 7,522
accounts in any such bond service fund or the improvement fund 7,523
and for the application of such THOSE accounts only to the 7,524
specified bond service charges on obligations pertinent to such 7,526
THAT bond service fund and to costs of capital facilities of only 7,527
specified facilites FACILITIES germane to the purpose of such 7,528
THAT improvement fund, and for other accounts therein IN THAT 7,530
FUND within the general purposes of such funds THAT FUND. Unless 7,532
162
otherwise provided in any applicable bond proceedings, moneys to 7,533
the credit of or in the several bond service or other special 7,534
funds established pursuant to Chapter 154. of the Revised Code 7,535
shall be disbursed on the order of the Ohio public facilities 7,536
commission by the treasurer of state ISSUING AUTHORITY, provided 7,538
that no such order is required for the payment by the treasurer 7,539
from the applicable bond service fund when due of bond service 7,540
charges on obligations, and provided that moneys to the credit of 7,541
the improvement funds shall be disbursed as provided in the 7,542
applicable appropriation measure.
Sec. 154.20. (A) Subject to authorization by the general 7,551
assembly under section 154.02 of the Revised Code, the Ohio 7,552
public facilities commission ISSUING AUTHORITY may issue 7,553
obligations pursuant to this chapter to pay costs of capital 7,555
facilities for mental hygiene and retardation. 7,556
(B) Any capital facilities for mental hygiene or 7,558
retardation may be leased by the commission to the department of 7,560
mental health, the department of mental retardation and 7,561
developmental disabilities, or the department of alcohol and drug 7,562
addiction services, and other agreements may be made by the 7,563
commission and any one or more of these departments with respect 7,565
to the use or purchase of such capital facilities or, subject to 7,566
the approval of the director of the department, the commission 7,567
may lease such capital facilities to, and make or provide for 7,568
other agreements with respect to the use or purchase thereof 7,569
with, any governmental agency having authority under law to 7,570
operate such capital facilities, and the director of the 7,571
department may sublease such capital facilities to, and make 7,572
other agreements with respect to the use or purchase thereof 7,573
with, any such governmental agency, which may include provisions 7,574
for transmittal to the mental health bond service trust fund 7,575
created under division (E) of this section, by such governmental 7,576
agency or by a nonprofit corporation providing mental hygiene and 7,577
retardation services for or under contract with or the 7,578
163
supervision of that governmental agency, of receipts of that 7,579
agency or nonprofit corporation from charges for the treatment or 7,580
care of mental hygiene and retardation patients, all upon such 7,581
terms and conditions as the parties may agree upon and pursuant 7,582
to this chapter, notwithstanding any other provision of law 7,583
affecting the leasing, acquisition, or disposition of capital 7,584
facilities by the parties. 7,585
(C) For purposes of this section, "available receipts" 7,587
means all receipts of the state from charges for the treatment or 7,588
care of mental hygiene and retardation patients, including 7,589
support payments received under Chapter 5121. of the Revised Code 7,590
and moneys required to be transmitted to the mental health bond 7,591
service trust fund pursuant to subleases and other agreements 7,592
between any of the departments and another governmental agency 7,593
pursuant to division (B) of this section as the subleases and 7,594
other agreements may be further implemented for internal 7,595
planning, budgeting, and accounting purposes pursuant to rules 7,596
adopted by the director of mental health, director of mental 7,597
retardation and developmental disabilities, or director of 7,598
alcohol and drug addiction services, any revenues or receipts 7,599
derived by the commission from the operation, leasing, or other 7,601
disposition of capital facilities financed under this section, 7,602
the proceeds of obligations issued under this section and 7,603
sections 154.11 and 154.12 of the Revised Code, and also means 7,604
any gifts, grants, donations, and pledges, and receipts 7,605
therefrom, available for the payment of bond service charges on 7,606
such obligations. The commission ISSUING AUTHORITY may pledge 7,607
all, or such portion as it THAT AUTHORITY determines, of the 7,610
available receipts to the payment of bond service charges on 7,612
obligations issued under this section and under sections 154.11 7,613
and 154.12 of the Revised Code and for the establishment and 7,614
maintenance of any reserves, as provided in the bond proceedings, 7,615
and make other provisions therein with respect to such available 7,616
receipts as authorized by this chapter, which provisions shall be 7,617
164
controlling notwithstanding any other provision of law pertaining 7,618
thereto.
(D) The commission ISSUING AUTHORITY may covenant in the 7,620
bond proceedings that the state and state agencies shall, so long 7,622
as any obligations issued under this section are outstanding, 7,623
cause to be charged and collected charges for the treatment or 7,624
care of mental hygiene and retardation patients sufficient in 7,625
amount to provide for the payment of bond service charges on such 7,626
obligations and for the establishment and maintenance of any 7,627
reserves, as provided in the bond proceedings, and such covenants 7,628
shall be controlling notwithstanding any other provision of law 7,629
pertaining to such charges. 7,630
(E) There is hereby created the mental health bond service 7,632
trust fund, which shall be in the custody of the treasurer of 7,633
state but shall be separate and apart from and not a part of the 7,634
state treasury. All moneys received by or on account of the 7,635
commission OR ISSUING AUTHORITY or state agencies and required by 7,636
the applicable bond proceedings to be deposited, transferred, or 7,638
credited to the fund, and all other moneys transferred or 7,639
allocated to or received for the purposes of the fund, shall be 7,640
deposited with the treasurer of state and credited to such fund, 7,641
subject to applicable provisions of the bond proceedings, but 7,642
without necessity for any act of appropriation. The mental 7,643
health bond service trust fund is a trust fund and is hereby 7,644
pledged to the payment of bond service charges on the obligations 7,645
issued pursuant to this section and sections 154.11 and 154.12 of 7,646
the Revised Code to the extent provided in the applicable bond 7,647
proceedings, and payment thereof from such fund shall be made or 7,648
provided for by the treasurer of state in accordance with such 7,649
bond proceedings without necessity for any act of appropriation. 7,650
(F) There is hereby created in the state treasury the 7,652
mental health facilities improvement fund. Subject to the bond 7,653
proceedings therefor, all of the proceeds of the sale of 7,654
obligations pursuant to this section shall be credited to the 7,655
165
fund, except that any accrued interest shall be credited to the 7,656
mental health bond service fund. The mental health facilities 7,657
improvement fund may also be comprised of gifts, grants, 7,658
appropriated moneys, and other sums and securities received to 7,659
the credit of such fund. The fund shall be applied only to the 7,660
purpose of paying costs of capital facilities for mental hygiene 7,661
and retardation under the jurisdiction of the department of 7,662
mental health, department of mental retardation and developmental 7,663
disabilities, or department of alcohol and drug addiction 7,664
services or for participation in capital facilities for mental 7,665
hygiene and retardation with the federal government, municipal 7,666
corporations, counties, or other governmental agencies, or to a 7,667
nonprofit corporation specifically chartered to provide a mental 7,668
health or mental retardation service when such service fulfills a 7,669
public purpose, which participation may be by grants or 7,670
contributions to them for such capital facilities. 7,671
(G) This section is to be applied with other applicable 7,673
provisions of this chapter. 7,674
Sec. 154.21. (A) Subject to authorization by the general 7,683
assembly under section 154.02 of the Revised Code, the Ohio 7,684
public facilities commission ISSUING AUTHORITY may authorize and 7,686
issue obligations pursuant to this chapter to pay the cost of 7,687
capital facilities for state-supported and state-assisted 7,688
institutions of higher education. 7,689
(B) Capital facilities for institutions of higher 7,691
education financed under this section may be leased by the 7,692
commission to institutions of higher education or to the Ohio 7,695
board of regents for the use of institutions of higher education, 7,696
and such parties may make other agreement for the use or sale and 7,697
purchase of the facilities; the Ohio board of regents may 7,698
sublease such capital facilities to institutions of higher 7,699
education, and such parties may make other agreement for the use 7,700
or sale and purchase of the facilities, in any manner permitted 7,701
by the lease or agreement between the commission and the Ohio 7,703
166
board of regents; all upon such terms and conditions as the 7,704
parties may agree upon and pursuant to this chapter, 7,705
notwithstanding other provisions of law affecting the leasing, 7,706
acquisition, or disposition of capital facilities by such 7,707
parties. Any such leases, subleases, or agreements may contain 7,708
provisions setting forth the responsibilities of the commission 7,709
OR ISSUING AUTHORITY, institutions of higher education, and Ohio 7,711
board of regents as to the financing, construction, operation, 7,712
maintenance, and insuring of such facilities and other terms and 7,713
conditions applicable thereto, including designation of the 7,714
"owner" for purposes of Chapter 153. of the Revised Code, and any 7,715
other provisions mutually agreed upon for the purposes of this 7,716
chapter. Promptly upon execution thereof, a signed or conformed 7,717
copy of each such lease or agreement, and any supplement thereto, 7,718
between an institution of higher education or the Ohio board of 7,719
regents and the commission shall be filed by the commission with 7,721
the Ohio board of regents, THE ISSUING AUTHORITY, and the 7,722
director of budget and management, and promptly upon execution 7,725
thereof, a signed or conformed copy of each such sublease or 7,726
agreement between the Ohio board of regents and an institution of 7,727
higher education shall be filed by the Ohio board of regents with 7,728
the commission and the director.
(C) For purposes of this section, "available receipts" 7,730
means fees, tuitions, charges, revenues, and all other receipts 7,731
of or on behalf of state-supported and state-assisted 7,732
institutions of higher education, any revenues or receipts 7,733
derived by the commission from the operation, leasing, or other 7,735
disposition of capital facilities financed under this section, 7,736
the proceeds of obligations issued under this section and 7,737
sections 154.11 and 154.12 of the Revised Code, and also means 7,738
any gifts, grants, donations, and pledges, and receipts 7,739
therefrom, available for the payment of bond service charges on 7,740
such obligations. Subject to any pledge of that portion of 7,741
available receipts, comprised of fees, tuitions, charges, 7,742
167
revenues, and receipts derived directly by an institution of 7,743
higher education, which has been or may thereafter be made 7,744
pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121, 7,745
or 3357.112 of the Revised Code, the commission ISSUING AUTHORITY 7,747
may pledge all or such portion as it THAT AUTHORITY determines of 7,749
the available receipts to the payment of bond service charges on 7,750
obligations issued under this section and sections 154.11 and 7,751
154.12 of the Revised Code and for the establishment and 7,752
maintenance of any reserves, as provided in the bond proceedings, 7,753
and make other provisions therein with respect to such available 7,754
receipts as authorized by this chapter, which provisions shall be 7,755
controlling, notwithstanding any other provision of law 7,756
pertaining thereto. 7,757
(D) In the event that moneys in the higher education bond 7,759
service fund and available receipts from payments to be made to 7,760
the commission OR ISSUING AUTHORITY under leases and agreements 7,761
with the Ohio board of regents, together with any other funds 7,763
made available by the general assembly, will be insufficient, 7,764
without application of reserves, for the payment of bond service 7,765
charges and for the establishment and maintenance of reserves, as 7,766
provided in the bond proceedings, then the commission, upon 7,767
consultation with the institutions of higher education to be 7,769
affected and the Ohio board of regents, may require the 7,770
institutions of higher education to charge, collect, and transmit 7,771
to the credit of the higher education bond service fund provided 7,772
for in division (E) of this section, a special student fee, which 7,773
may be a segregated part of the established instruction fee or 7,774
other fee, in such amount or amounts as are necessary for the 7,775
payment of the bond service charges on obligations issued under 7,776
this section and sections 154.11 and 154.12 of the Revised Code 7,777
and for the establishment and maintenance of any reserves, as 7,778
provided in the bond proceedings. Such special fee constitutes 7,779
"available receipts" within the meaning thereof in division (C) 7,780
of this section, and may be pledged as therein provided in 7,781
168
addition to, or in lieu of, or to be applied prior to, other 7,782
available receipts, as provided in the bond proceedings; 7,783
provided, that such special fee shall not be deemed to be pledged 7,784
by the institutions of higher education under section 3345.07, 7,785
3345.11, 3345.12, 3349.05, 3354.121, or 3357.112 of the Revised 7,787
Code. The commission ISSUING AUTHORITY may covenant in the bond 7,788
proceedings to require such special fee to be charged, collected, 7,789
and transmitted pursuant to this division. In the event the 7,790
initiation of such special fee is required in accordance with 7,791
such covenant, the commission shall by rules transmitted to each 7,793
institution of higher education affected thereby, fix, establish, 7,794
and from time to time modify, as it may consider appropriate, the 7,795
amount or amounts of the fee, exemptions therefrom, such 7,796
distinctions, if any, as it may determine appropriate for 7,797
full-time and part-time students or students enrolled in 7,798
different programs, or other bases for distinction among 7,799
students, so that students throughout the state in similar 7,800
classifications under such rules are so far as feasible treated 7,801
alike, and establish and from time to time modify other rules, 7,802
procedures, and definitions for the charge, collection, and 7,803
transmission of such special fees. Notwithstanding any other 7,804
provision of law pertaining thereto, the governing boards of the 7,805
institutions of higher education shall charge, collect, and 7,806
transmit such special fee in accordance with such rules. 7,807
(E) There is hereby created the higher education bond 7,809
service trust fund, which shall be in the custody of the 7,810
treasurer of state but shall be separate and apart from and not a 7,811
part of the state treasury. All moneys received by or on account 7,812
of the commission OR ISSUING AUTHORITY and required by the 7,813
applicable bond proceedings to be deposited, transferred, or 7,815
credited to the higher education bond service trust fund, and all 7,816
other moneys transferred or allocated to or received for the 7,817
purposes of the higher education bond service trust fund, shall 7,818
be deposited with the treasurer of state and credited to such 7,819
169
fund, subject to any applicable provisions of the bond 7,820
proceedings, without necessity for any act of appropriation. The 7,821
higher education bond service trust fund is a trust fund and is 7,822
hereby pledged to the payment of bond service charges on the 7,823
obligations issued pursuant to this section and sections 154.11 7,824
and 154.12 of the Revised Code to the extent provided in the 7,825
applicable bond proceedings, and payment thereof from such fund 7,826
shall be made or provided for by the treasurer of state in 7,827
accordance with such bond proceedings without necessity for any 7,828
act of appropriation.
(F) There is hereby created in the state treasury the 7,830
higher education improvement fund. Subject to the bond 7,831
proceedings therefor, all of the proceeds of the sale of higher 7,832
education obligations ISSUED PURSUANT TO THIS SECTION OR SECTION 7,833
151.04 OF THE REVISED CODE shall be credited to the fund, except 7,834
that any accrued interest received ON OBLIGATIONS ISSUED PURSUANT 7,835
TO THIS SECTION shall be credited to the higher education bond 7,837
service fund. The higher education improvement fund may also be 7,838
comprised of gifts, grants, appropriated moneys, and other sums 7,839
and securities received to the credit of such fund. The fund 7,840
shall be applied only to the purpose of paying costs of capital 7,841
facilities for state-supported and state-assisted institutions of 7,842
higher education, which may include participation with one or 7,843
more such institutions of higher education in any such capital 7,844
facilities by way of grants, loans, or contributions to them for 7,845
such capital facilities.
(G) This section shall be applied with other applicable 7,847
provisions of this chapter. 7,848
(H) Any instrument by which real property is acquired 7,850
pursuant to this section shall identify the agency of the state 7,852
that has the use and benefit of the real property as specified in 7,853
section 5301.012 of the Revised Code.
Sec. 154.22. (A) Subject to authorization by the general 7,862
assembly under section 154.02 of the Revised Code, the Ohio 7,863
170
public facilities commission ISSUING AUTHORITY may authorize and 7,865
issue obligations pursuant to this chapter to pay costs of 7,866
capital facilities for parks and recreation. 7,867
(B) Any capital facilities for parks and recreation may be 7,869
leased by the commission to the department of natural resources 7,871
and other agreements may be made by the commission and such 7,873
department with respect to the use or purchase of such capital
facilities or, subject to the approval of the director of such 7,874
department, the commission may lease such capital facilities to, 7,876
and make other agreements with respect to their use or purchase 7,877
with, any governmental agency having authority under law to 7,878
operate such capital facilities, and the director of such 7,879
department may sublease such capital facilities to, and make 7,880
other agreements with respect to the use or purchase thereof 7,881
with, any such governmental agency, or such director may sublease 7,882
or contract for the operation of such capital facilities in 7,883
accordance with the applicable provisions of sections 1501.09, 7,884
1501.091, and 1501.10 of the Revised Code, all upon such terms 7,885
and conditions as the parties may agree upon and pursuant to this 7,886
chapter, notwithstanding any other provisions of law affecting 7,887
the leasing, acquisition, or disposition of capital facilities by 7,888
such parties. 7,889
(C) For purposes of this section, "available receipts" 7,891
means all receipts, including fees, charges, and rentals, derived 7,892
or to be derived from state parks and public service facilities 7,893
in any state park or parks, any other receipts of state agencies 7,894
with respect to parks and recreational facilities, any revenues 7,895
or receipts derived by the commission from the operation, 7,897
leasing, or other disposition of capital facilities financed 7,898
under this section, the proceeds of obligations issued under this 7,899
section and sections 154.11 and 154.12 of the Revised Code, and 7,900
also means any gifts, grants, donations, and pledges, and 7,901
receipts thereon, available for the payment of bond service 7,902
charges on obligations issued under this section. The commission 7,903
171
ISSUING AUTHORITY may pledge all, or such portion as it 7,904
determines, of the available receipts to the payment of bond 7,906
service charges on obligations issued under this section and 7,907
sections 154.11 and 154.12 of the Revised Code and for the 7,908
establishment and maintenance of any reserves, as provided in the 7,909
bond proceedings, and make other provisions therein with respect 7,910
to such available receipts as authorized by this chapter, which 7,911
provisions shall be controlling notwithstanding any other 7,912
provision of law pertaining thereto. 7,913
(D) The commission ISSUING AUTHORITY may covenant in the 7,915
bond proceeding that the state and state agencies shall, so long 7,917
as any obligations issued under this section are outstanding, 7,918
cause to be charged and collected fees, charges, and rentals for 7,919
the use of state parks and public service facilities and other 7,920
fees and charges with respect to parks and recreation sufficient 7,921
in amount to provide for the payment of bond service charges on 7,922
such obligations and for the establishment and maintenance of any 7,923
reserves as provided in the bond proceedings, and such covenants 7,924
shall be controlling notwithstanding any other provision of law 7,925
pertaining to such charges except any provision of law 7,926
prohibiting or limiting charges for the use of swimming 7,927
facilities of state parks and public service facilities by 7,928
persons under sixteen years of age. 7,929
(E) There is hereby created the parks and recreation bond 7,931
service trust fund, which shall be in the custody of the 7,932
treasurer of state but shall be separate and apart from and not a 7,933
part of the state treasury. All moneys received by or on account 7,934
of the commission OR ISSUING AUTHORITY or state agencies and 7,935
required by the applicable bond proceedings to be deposited, 7,936
transferred, or allocated to or received for the purposes of the 7,937
trust fund shall be deposited with the treasurer of state and 7,938
credited to such fund, subject to applicable provisions of the 7,939
bond proceedings but without necessity for any act of 7,940
appropriation. The trust fund is hereby pledged to the payment 7,941
172
of bond service charges on the obligations issued pursuant to 7,942
this section and sections 154.11 and 154.12 of the Revised Code 7,943
to the extent provided in the applicable bond proceedings, and 7,944
payment thereof from such fund shall be made or provided for by 7,945
the treasurer of state in accordance with such bond proceedings 7,946
without necessity for any act of appropriation. 7,947
(F) There is hereby created in the state treasury the 7,949
parks and recreation improvement fund. Subject to the bond 7,950
proceedings therefor, all of the proceeds of the sale of 7,951
obligations issued pursuant to this section shall be credited to 7,952
such fund, except that any accrued interest received shall be 7,953
credited to the parks and recreation bond service trust fund. 7,954
The parks and recreation improvement fund may also be comprised 7,955
of gifts, grants, appropriated moneys, and other sums and 7,956
securities received to the credit of such fund. Such fund shall 7,957
be applied only to the purpose of paying costs of capital 7,958
facilities for parks and recreation under the jurisdiction of the 7,959
department of natural resources or for participation in capital 7,960
facilities for parks and recreation with the federal government, 7,961
municipal corporations, counties, or other governmental agencies, 7,962
or any one or more of them, which participation may be by grants 7,963
or contributions to them for such capital facilities. 7,964
(G) All state parks shall be exclusively under the control 7,966
and administration of the division of parks and recreation. With 7,967
the approval of the recreation and resources council, the 7,969
director of natural resources may by order remove from the 7,970
classification as state parks any of the lands or interests 7,971
therein referred to in divisions (M)(2) and (3) of section 154.01 7,972
of the Revised Code, subject to the limitations, provisions, and 7,973
conditions in any order authorizing state park revenue bonds, in 7,974
any trust agreement securing such bonds, or in bond proceedings 7,975
with respect to obligations issued pursuant to this section. 7,976
Lands or interests therein so removed shall be transferred to 7,977
other divisions of the department for administration or may be 7,978
173
sold as provided by law. Proceeds of any sale shall be used or 7,979
transferred as provided in the order authorizing state park 7,980
revenue bonds or in such trust agreement, or in bond proceedings 7,981
with respect to obligations issued pursuant to this section, and 7,982
if no such provision is made shall be transferred to the state 7,983
park fund created by section 1541.22 of the Revised Code. 7,984
(H) This section shall be applied with other applicable 7,986
provisions of this chapter. 7,987
(I) Any instrument by which real property is acquired 7,989
pursuant to this section shall identify the agency of the state 7,991
that has the use and benefit of the real property as specified in 7,992
section 5301.012 of the Revised Code.
Sec. 164.01. As used in this chapter: 8,001
(A) "Capital improvement" or "capital improvement project" 8,003
or "project" means the acquisition, construction, reconstruction, 8,004
improvement, planning, and equipping of roads and bridges, waste 8,005
water treatment systems, water supply systems, solid waste 8,006
disposal facilities, flood control systems, and storm water and 8,007
sanitary collection, storage, and treatment facilities, including 8,008
real property, interests in real property, facilities, and 8,009
equipment related or incidental to those facilities. 8,010
(B) "Local subdivision" means any county, municipal 8,012
corporation, township, sanitary district, or regional water and 8,013
sewer district. 8,014
(C) "Bond proceedings" means the resolutions, orders, 8,016
trust agreements, indentures, and other agreements, credit 8,017
facilities AND CREDIT ENHANCEMENT FACILITIES, and amendments and 8,018
supplements to the foregoing, or any one or more or combination 8,020
thereof, authorizing, awarding, or providing for the terms and 8,021
conditions applicable to or providing for the security or 8,022
liquidity of obligations, and the provisions contained in those 8,023
obligations.
(D) "Bond service charges" means principal, including any 8,025
mandatory sinking fund or redemption requirements for retirement 8,026
174
of obligations, interest AND OTHER ACCRETED AMOUNTS, and any 8,027
redemption premium payable on obligations. IF NOT PROHIBITED BY 8,028
THE APPLICABLE BOND PROCEEDINGS, BOND SERVICE CHARGES INCLUDE 8,029
COSTS OF CREDIT ENHANCEMENT FACILITIES THAT ARE RELATED TO, AND 8,030
REPRESENT OR ARE INTENDED TO PROVIDE A SOURCE OF PAYMENT OF OR 8,031
LIMITATION ON, OTHER BOND SERVICE CHARGES.
(E) "Bond service fund" means the fund, and any accounts 8,033
in that fund, created by section 164.10 of the Revised Code, 8,034
including all moneys and investments, and earnings from 8,035
investments, credited and to be credited to that fund and 8,036
accounts as provided in the bond proceedings. 8,037
(F) "Cost of capital improvement projects" means the costs 8,039
of acquiring, constructing, reconstructing, expanding, improving, 8,040
and engineering capital improvement projects, and related 8,041
financing costs. 8,042
(G) "Credit enhancement facilities" means letters of 8,044
credit, lines of credit, stand-by, contingent, or firm securities 8,045
purchase agreements, INTEREST RATE HEDGES INCLUDING WITHOUT 8,046
LIMITATION interest rate swaps, insurance or surety arrangements, 8,048
reserve or guarantee funds, and guarantees, and other 8,049
arrangements that provide for contingent or direct payment of 8,050
bond service charges, for security or additional security in the 8,051
event of nonpayment or default in respect of obligations, or for 8,052
making or providing funds for making payment of bond service
charges to, and at the option and on demand of, holders of 8,053
obligations or at the option of the issuer under put or similar 8,054
arrangements, or for otherwise supporting the credit or liquidity 8,055
of obligations, and includes credit, reimbursement, marketing, 8,056
remarketing, indexing, carrying, purchase, and subrogation 8,057
agreements, and other agreements and arrangements for 8,058
reimbursement of the person providing the credit enhancement 8,059
facility and the security for that reimbursement. As used in 8,060
this division, obligations include debt obligations of local 8,061
subdivisions. 8,062
175
(H) "Financing costs" means all costs and expenses 8,064
relating to the authorization, issuance, sale, delivery, 8,065
authentication, deposit, custody, clearing, registration, 8,066
transfer, exchange, fractionalization, replacement, and servicing 8,067
of obligations, including without limitation costs and expenses 8,068
for or relating to, OR PAYMENT OBLIGATIONS UNDER, publication and 8,070
printing, postage and express delivery, official statements, 8,071
offering circulars, and informational statements, travel and 8,072
transportation, paying agents, bond registrars, authenticating 8,073
agents, remarketing agents, custodians, clearing agencies or 8,074
corporations, securities depositories, financial advisory 8,075
services, certifications, audits, federal or state regulatory 8,076
agencies, accounting services, legal services and obtaining 8,077
approving legal opinions and other legal opinions, credit 8,078
ratings, original issue discount, CREDIT FACILITIES, and credit 8,079
enhancement facilities. FINANCING COSTS MAY BE PAID FROM ANY 8,080
MONEYS LAWFULLY AVAILABLE FOR THE PURPOSE, INCLUDING, UNLESS 8,081
OTHERWISE PROVIDED IN THE BOND PROCEEDINGS, FROM THE PROCEEDS OF 8,082
THE OBLIGATIONS TO WHICH THEY RELATE AND FROM THE SAME SOURCES
FROM WHICH BOND SERVICE CHARGES ON THE OBLIGATIONS ARE PAID AND 8,083
AS THOUGH BOND SERVICE CHARGES. 8,084
(I) "Issuer" means the treasurer of state, or the officer 8,086
who by law performs the functions of such officer. 8,087
(J) "Obligations" means bonds, notes, or other evidences 8,089
of obligation of the state, including any interest coupons 8,090
pertaining thereto, issued pursuant to sections 164.09 to 164.12 8,091
of the Revised Code. 8,092
(K) "Special funds" or "funds" means, except where the 8,094
context does not permit, the bond service fund, and any other 8,095
funds, including reserve funds, created under the bond 8,096
proceedings and stated to be special funds in those proceedings, 8,097
including all moneys and investments, and earnings from 8,098
investments, credited and to be credited to the particular fund. 8,099
Special funds do not include the state capital improvements fund 8,100
176
created by section 164.08 of the Revised Code or, if so provided 8,101
in the bond proceedings, a rebate fund or account established for 8,102
purposes of federal tax laws. 8,103
(L) "Net proceeds" means amounts received from the sale of 8,105
obligations pursuant to this chapter, excluding amounts used to 8,106
refund or retire outstanding obligations, and does not include 8,107
amounts required to be deposited in special funds pursuant to the 8,108
applicable bond proceedings, or financing costs paid from such 8,109
amounts received. 8,110
(M) "Local debt support and credit enhancements" means a 8,112
full or partial pledge of support for any local bond issue, the 8,113
payment of all or a part of the premium for bond insurance 8,114
obtained from a private insurer, the subsidization of the 8,115
interest rate on a loan obtained by the subdivision, or a source 8,116
of revenue pledged in support of revenue bonds issued by a 8,117
subdivision. 8,118
(N) "Principal amount" refers to the aggregate of the 8,120
amount as stated or provided for in the bond proceedings 8,121
authorizing the obligations as the amount on which interest or 8,122
interest equivalent is initially calculated. 8,123
Sec. 164.08. (A) Except as provided in SECTIONS 151.01 8,132
AND 151.08 OR section 164.09 of the Revised Code, the net 8,134
proceeds of obligations issued and sold by the treasurer of state 8,135
pursuant to section 164.09 of the Revised Code BEFORE SEPTEMBER 8,136
30, 2000, OR PURSUANT TO SECTIONS 151.01 AND 151.08 OF THE 8,137
REVISED CODE, for the purpose of financing or assisting in the 8,138
financing of the cost of public infrastructure capital 8,139
improvement projects of local subdivisions, as provided for in 8,140
Section 2k or 2m of Article VIII, Ohio Constitution, and this 8,142
chapter, shall be paid into the state capital improvements fund, 8,143
which is hereby created in the state treasury. Investment 8,144
earnings on moneys in the fund shall be credited to the fund. 8,145
(B) Each program year the amount of obligations authorized 8,147
by the general assembly in accordance with SECTIONS 151.01 AND 8,148
177
151.08 OR section 164.09 of the Revised Code, excluding the 8,150
proceeds of refunding or renewal obligations, shall be allocated 8,151
by the director of the Ohio public works commission as follows: 8,152
(1) First, twelve million dollars of the amount of 8,154
obligations authorized shall be allocated to provide financial 8,155
assistance to villages and to townships with populations in the 8,156
unincorporated areas of the township of less than five thousand 8,157
persons, for capital improvements in accordance with section 8,158
164.051 and division (D) of section 164.06 of the Revised Code. 8,159
As used in division (B)(1) of this section, "capital 8,160
improvements" includes resurfacing and improving roads. 8,161
(2) Following the allocation required by division (B)(1) 8,163
of this section, the director may allocate two million five 8,165
hundred thousand dollars of the authorized obligations to provide 8,166
financial assistance to local subdivisions for capital 8,167
improvement projects which in the judgment of the director of the 8,168
Ohio public works commission are necessary for the immediate 8,169
preservation of the health, safety, and welfare of the citizens 8,170
of the local subdivision requesting assistance. 8,171
(3) For the second, third, fourth, and fifth years that 8,173
obligations are authorized and are available for allocation under 8,174
this chapter, one million dollars shall be allocated to the sewer 8,175
and water fund created in section 1525.11 of the Revised Code. 8,176
Money from this allocation shall be transferred to that fund when 8,177
needed to support specific payments from that fund. 8,178
(4) For program years twelve and fourteen that obligations 8,180
are authorized and available for allocation under this chapter, 8,181
two million dollars each program year shall be allocated to the 8,182
small county capital improvement program for use in providing 8,183
financial assistance under division (F) of section 164.02 of the 8,184
Revised Code.
(5) After the allocation required by division (B)(3) of 8,186
this section is made, the director shall determine the amount of 8,187
the remaining obligations authorized to be issued and sold that 8,188
178
each county would receive if such amounts were allocated on a per 8,189
capita basis each year. If a county's per capita share for the 8,190
year would be less than three hundred thousand dollars, the 8,191
director shall allocate to the district in which that county is 8,192
located an amount equal to the difference between three hundred 8,193
thousand dollars and the county's per capita share. 8,194
(6) After making the allocation required by division 8,196
(B)(5) of this section, the director shall allocate the remaining 8,198
amount to each district on a per capita basis.
(C)(1) There is hereby created in the state treasury the 8,200
state capital improvements revolving loan fund, into which shall 8,201
be deposited all repayments of loans made to local subdivisions 8,202
for capital improvements pursuant to this chapter. Investment 8,203
earnings on moneys in the fund shall be credited to the fund. 8,204
(2) There may also be deposited in the state capital 8,206
improvements revolving loan fund moneys obtained from federal or 8,207
private grants, or from other sources, which are to be used for 8,208
any of the purposes authorized by this chapter. Such moneys 8,209
shall be allocated each year in accordance with division (B)(6) 8,211
of this section.
(3) Moneys deposited into the state capital improvements 8,214
revolving loan fund shall be used to make loans for the purpose 8,216
of financing or assisting in the financing of the cost of capital
improvement projects of local subdivisions. 8,217
(4) Investment earnings credited to the state capital 8,219
improvements revolving loan fund that exceed the amounts required 8,220
to meet estimated federal arbitrage rebate requirements shall be 8,221
used to pay costs incurred by the public works commission in 8,223
administering this section. Investment earnings credited to the 8,224
state capital improvements revolving loan fund that exceed the
amounts required to pay for the administrative costs and 8,225
estimated rebate requirements shall be allocated to each district 8,226
on a per capita basis.
(5) Each program year, loan repayments received and on 8,228
179
deposit in the state capital improvements revolving loan fund 8,229
shall be allocated as follows:
(a) Each district public works integrating committee shall 8,232
be allocated an amount equal to the sum of all loan repayments
made to the state capital improvements revolving loan fund by 8,233
local subdivisions that are part of the district. Moneys not 8,234
used in a program year may be used in the next program year in 8,235
the same manner and for the same purpose as originally allocated. 8,236
(b) Loan repayments made pursuant to projects approved 8,239
under division (B)(1) of this section shall be used to make loans 8,240
in accordance with section 164.051 and division (D) of section 8,241
164.06 of the Revised Code. Allocations for this purpose made
pursuant to division (C)(5) of this section shall be in addition 8,242
to the allocation provided in division (B)(1) of this section. 8,244
(c) Loan repayments made pursuant to projects approved 8,247
under division (B)(2) of this section shall be used to make loans 8,248
in accordance with division (B)(2) of this section. Allocations 8,249
for this purpose made pursuant to division (C)(5) of this section 8,251
shall be in addition to the allocation provided in division
(B)(2) of this section. 8,252
(d) Loans made from the state capital improvements 8,254
revolving loan fund shall not be limited in their usage by 8,255
divisions (E), (F), (G), (H), and (I) of section 164.05 of the 8,256
Revised Code.
(D) Investment earnings credited to the state capital 8,258
improvements fund that exceed the amounts required to meet 8,259
estimated federal arbitrage rebate requirements shall be used to 8,260
pay costs incurred by the public works commission in 8,261
administering sections 164.01 to 164.12 of the Revised Code. 8,263
(E) The director of the Ohio public works commission shall 8,265
notify the director of budget and management of the amounts 8,266
allocated pursuant to this section and such information shall be 8,267
entered into the state accounting system. The director of budget 8,268
and management shall establish appropriation line items as needed 8,269
180
to track these allocations. 8,270
(F) If the amount of a district's allocation in a program 8,272
year exceeds the amount of financial assistance approved for the 8,273
district by the commission for that year, the remaining portion 8,274
of the district's allocation shall be added to the district's 8,275
allocation pursuant to division (B) of this section for the next 8,276
succeeding year for use in the same manner and for the same 8,277
purposes as it was originally allocated, except that any portion 8,278
of a district's allocation which was available for use on new or 8,279
expanded infrastructure pursuant to division (H) of section 8,280
164.05 of the Revised Code shall be available in succeeding years 8,281
only for the repair and replacement of existing infrastructure. 8,282
(G) When an allocation based on population is made by the 8,284
director pursuant to division (B) of this section, the director 8,286
shall use the most recent decennial census statistics, and shall 8,287
not make any reallocations based upon a change in a district's 8,288
population.
Sec. 164.09. (A) The issuer is authorized to issue and 8,297
sell, as provided in this section and in amounts from time to 8,298
time authorized by the general assembly, general obligations of 8,299
this state for the purpose of financing or assisting in the 8,300
financing of the costs of public infrastructure capital 8,301
improvements for local subdivisions. The full faith and credit, 8,303
revenues, and taxing power of the state are and shall be pledged 8,304
to the timely payment of bond service charges on outstanding 8,305
obligations, all in accordance with Section 2k or 2m of Article 8,306
VIII, Ohio Constitution and sections 164.09 to 164.12 of the 8,307
Revised Code, excluding from that pledge fees, excises, or taxes 8,308
relating to the registration, operation, or use of vehicles on 8,309
the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there 8,310
shall be levied and collected excises and taxes, excluding those 8,311
excepted above, in amounts sufficient to pay the bond service 8,312
charges on such obligations and costs relating to credit 8,313
181
facilities. 8,314
(B)(1) The total principal amount of obligations issued 8,316
pursuant to Section 2k of Article VIII, Ohio Constitution shall 8,317
not exceed one billion two hundred million dollars, and not more 8,318
than one hundred twenty million dollars in principal amount of 8,319
obligations may be issued in any calendar year, all determined as 8,320
provided in sections 164.09 to 164.12 of the Revised Code. 8,322
(2) The total principal amount of obligations issued for 8,325
the purposes of this section pursuant to Section 2m of Article 8,326
VIII, Ohio Constitution, shall not exceed one billion two hundred 8,327
million dollars. Not more than one hundred twenty million 8,328
dollars in principal amount of such obligations, plus the 8,329
principal amount of such obligations that in any prior fiscal 8,330
years could have been but were not issued within the 8,331
one-hundred-twenty-million-dollar fiscal year limit, may be
issued in any fiscal year. No obligations shall be issued for 8,332
the purposes of this section pursuant to Section 2m of Article 8,333
VIII, Ohio Constitution, until at least one billion one hundred 8,334
ninety-nine million five hundred thousand dollars aggregate 8,335
principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts 8,336
specified under division (B)(2) of this section shall be 8,337
determined as provided in sections 164.09 to 164.12 of the 8,339
Revised Code. 8,340
(C) Each issue of obligations shall be authorized by order 8,342
of the issuer. The bond proceedings shall provide for the 8,343
principal amount or maximum principal amount of obligations of an 8,344
issue, and shall provide for or authorize the manner or agency 8,345
for determining the principal maturity or maturities, not 8,346
exceeding the earlier of thirty years from the date of issuance 8,347
of the particular obligations or thirty years from the date the 8,348
debt represented by the particular obligations was originally 8,349
contracted, the interest rate or rates, the date of and the dates 8,350
of payment of interest on the obligations, their denominations, 8,351
182
and the establishment within or without the state of a place or 8,352
places of payment of bond service charges. Sections 9.96 and 8,353
9.98 to 9.983 of the Revised Code are applicable to the 8,354
obligations. The purpose of the obligations may be stated in the 8,355
bond proceedings as "financing or assisting in the financing of 8,356
local subdivisions capital improvement projects." 8,357
(D) The proceeds of the obligations, except for any 8,359
portion to be deposited in special funds, or in escrow funds for 8,360
the purpose of refunding outstanding obligations, all as may be 8,361
provided in the bond proceedings, shall be deposited to the state 8,362
capital improvements fund established by section 164.08 of the 8,363
Revised Code. 8,364
(E) The issuer may appoint paying agents, bond registrars, 8,366
securities depositories, and transfer agents, and may retain the 8,367
services of financial advisers and accounting experts, and retain 8,368
or contract for the services of marketing, remarketing, indexing, 8,369
and administrative agents, other consultants, and independent 8,370
contractors, including printing services, as are necessary in the 8,371
issuer's judgment to carry out sections 164.01 to 164.12 of the 8,372
Revised Code. Financing costs are payable, as provided in the 8,373
bond proceedings, from the proceeds of the obligations, from 8,374
special funds, or from other moneys available for the purpose. 8,375
(F) The bond proceedings, including any trust agreement, 8,377
may contain additional provisions customary or appropriate to the 8,378
financing or to the obligations or to particular obligations, 8,379
including but not limited to: 8,380
(1) The redemption of obligations prior to maturity at the 8,382
option of the state or of the holder or upon the occurrence of 8,383
certain conditions at such price or prices and under such terms 8,384
and conditions as are provided in the bond proceedings; 8,385
(2) The form of and other terms of the obligations; 8,387
(3) The establishment, deposit, investment, and 8,389
application of special funds, and the safeguarding of moneys on 8,390
hand or on deposit, without regard to Chapter 131. or 135. of the 8,391
183
Revised Code, but subject to any special provisions of this 8,392
section with respect to particular funds or moneys, and provided 8,393
that any bank or trust company that acts as a depository of any 8,394
moneys in special funds may furnish such indemnifying bonds or 8,395
may pledge such securities as required by the issuer; 8,396
(4) Any or every provision of the bond proceedings binding 8,398
upon the issuer and such state agency or local subdivision, 8,399
officer, board, commission, authority, agency, department, or 8,400
other person or body as may from time to time have the authority 8,401
under law to take such actions as may be necessary to perform all 8,402
or any part of the duty required by such provision; 8,403
(5) The maintenance of each pledge, any trust agreement, 8,405
or other instrument comprising part of the bond proceedings until 8,406
the state has fully paid or provided for the payment of the bond 8,407
service charges on the obligations or met other stated 8,408
conditions; 8,409
(6) In the event of default in any payments required to be 8,411
made by the bond proceedings, or any other agreement of the 8,412
issuer made as a part of a contract under which the obligations 8,413
were issued or secured, the enforcement of such payments or 8,414
agreements by mandamus, suit in equity, action at law, or any 8,415
combination of the foregoing; 8,416
(7) The rights and remedies of the holders of obligations 8,418
and of the trustee under any trust agreement, and provisions for 8,419
protecting and enforcing them, including limitations on rights of 8,420
individual holders of obligations; 8,421
(8) The replacement of any obligations that become 8,423
mutilated or are destroyed, lost, or stolen; 8,424
(9) Provision for the funding, refunding, or advance 8,426
refunding or other provision for payment of obligations which 8,427
will then no longer be outstanding for purposes of this section 8,428
or of the bond proceedings; 8,429
(10) Any provision that may be made in bond proceedings or 8,432
a trust agreement, including provision for amendment of the bond 8,433
184
proceedings;
(11) Such other provisions as the issuer determines, 8,435
including limitations, conditions, or qualifications relating to 8,436
any of the foregoing; 8,437
(12) Any other or additional agreements with the holders 8,439
of the obligations relating to the obligations or the security 8,440
for the obligations. 8,441
(G) The great seal of the state or a facsimile of that 8,443
seal may be affixed to or printed on the obligations. The 8,444
obligations requiring signature by the issuer shall be signed by 8,445
or bear the facsimile signature of the issuer as provided in the 8,446
bond proceedings. Any obligations may be signed by the person 8,447
who, on the date of execution, is the authorized signer although 8,448
on the date of such obligations such person was not the issuer. 8,449
In case the person whose signature or a facsimile of whose 8,450
signature appears on any obligation ceases to be the issuer 8,451
before delivery of the obligation, such signature or facsimile is 8,452
nevertheless valid and sufficient for all purposes as if the 8,453
person had remained the member until such delivery, and in case 8,455
the seal to be affixed to or printed on obligations has been 8,456
changed after the seal has been affixed to or a facsimile of the 8,457
seal has been printed on the obligations, that seal or facsimile 8,458
seal shall continue to be sufficient as to those obligations and 8,459
obligations issued in substitution or exchange therefor. 8,460
(H) The obligations are negotiable instruments and 8,462
securities under Chapter 1308. of the Revised Code, subject to 8,463
the provisions of the bond proceedings as to registration. 8,464
Obligations may be issued in coupon or in fully registered form, 8,465
or both, as the issuer determines. Provision may be made for the 8,466
registration of any obligations with coupons attached as to 8,467
principal alone or as to both principal and interest, their 8,468
exchange for obligations so registered, and for the conversion or 8,469
reconversion into obligations with coupons attached of any 8,470
obligations registered as to both principal and interest, and for 8,471
185
reasonable charges for such registration, exchange, conversion, 8,472
and reconversion. Pending preparation of definitive obligations, 8,473
the issuer may issue interim receipts or certificates which shall 8,474
be exchanged for such definitive obligations. 8,475
(I) Obligations may be sold at public sale or at private 8,477
sale, and at such price at, above, or below par, as determined by 8,478
the issuer in the bond proceedings. 8,479
(J) In the discretion of the issuer, obligations may be 8,481
secured additionally by a trust agreement between the state and a 8,482
corporate trustee which may be any trust company or bank having 8,483
its principal place of business within the state. Any trust 8,484
agreement may contain the order authorizing the issuance of the 8,485
obligations, any provisions that may be contained in the bond 8,486
proceedings, and other provisions that are customary or 8,487
appropriate in an agreement of the type. 8,488
(K) Except to the extent that their rights are restricted 8,490
by the bond proceedings, any holder of obligations, or a trustee 8,491
under the bond proceedings, may by any suitable form of legal 8,492
proceedings protect and enforce any rights under the laws of this 8,493
state or granted by the bond proceedings. Such rights include 8,494
the right to compel the performance of all duties of the issuer 8,495
and the state. Each duty of the issuer and the issuer's 8,496
employees, and of each state agency and local public entity and 8,497
its officers, members, or employees, undertaken pursuant to the 8,498
bond proceedings, is hereby established as a duty of the issuer, 8,499
and of each such agency, local subdivision, officer, member, or 8,500
employee having authority to perform such duty, specifically 8,501
enjoined by the law and resulting from an office, trust, or 8,502
station within the meaning of section 2731.01 of the Revised 8,503
Code. The persons who are at the time the issuer, or the 8,504
issuer's employees, are not liable in their personal capacities 8,505
on any obligations or any agreements of or with the issuer 8,506
relating to obligations or under the bond proceedings. 8,507
(L) The issuer may authorize and issue obligations for the 8,509
186
refunding, including funding and retirement, and advance 8,510
refunding with or without payment or redemption prior to 8,511
maturity, of any obligations previously issued. Such refunding 8,512
obligations may be issued in amounts sufficient to pay or to 8,513
provide for payment of the principal amount, including principal 8,514
amounts maturing prior to the redemption of the remaining 8,515
obligations, any redemption premium, and interest accrued or to 8,516
accrue to the maturity or redemption date or dates, payable on 8,517
the refunded obligations, and related financing costs and any 8,518
expenses incurred or to be incurred in connection with such 8,519
issuance and refunding. Subject to the bond proceedings 8,520
therefor, the portion of the proceeds of the sale of refunding 8,521
obligations issued under this division to be applied to bond 8,522
service charges on the prior obligations shall be credited to an 8,523
appropriate separate account in the bond service fund and held in 8,524
trust for the purpose by the commissioners of the sinking fund or 8,525
by a corporate trustee. Obligations authorized under this 8,526
division shall be considered to be issued for those purposes for 8,527
which such prior obligations were issued, and, except as 8,528
otherwise provided in sections 164.09 to 164.12 of the Revised 8,529
Code are subject to the provisions of sections 164.09 to 164.12 8,530
of the Revised Code pertaining to other obligations. 8,531
(M) The issuer may authorize and issue obligations in the 8,533
form of bond anticipation notes and renew those notes from time 8,534
to time by the issuance of new notes. The holders of such notes 8,535
or appertaining interest coupons have the right to have bond 8,536
service charges on those notes paid solely from the moneys and 8,537
special funds that are or may be pledged to the payment of bond 8,538
service charges on those notes, including the proceeds of such 8,539
bonds or renewal notes, or both, as the issuer provides in the 8,540
bond proceedings authorizing the notes. Such notes may be 8,541
additionally secured by covenants of the issuer to the effect 8,542
that the issuer and the state will do any or all things necessary 8,544
for the issuance of bonds or renewal notes in appropriate amount, 8,545
187
and apply the proceeds thereof to the extent necessary, to make 8,546
full and timely payment of the principal of and interest on such 8,547
notes as provided in such bond proceedings. For such purposes, 8,548
the issuer may issue bonds or renewal notes in such principal 8,549
amount and upon such terms as may be necessary to provide moneys 8,550
to pay when due the principal of and interest on such notes. 8,551
Except as otherwise provided in sections 164.08 to 164.12 of the 8,552
Revised Code, notes authorized pursuant to this division are 8,553
subject to sections 164.08 to 164.12 of the Revised Code 8,554
pertaining to other obligations.
The issuer in the bond proceedings authorizing the issuance 8,556
of bond anticipation notes shall set forth for the bonds 8,557
anticipated by such notes an estimated schedule of annual 8,558
principal payments for such bonds over a period of thirty years 8,559
from the earlier of the date of issuance of the notes or the date 8,560
of original issuance of prior notes in anticipation of those 8,561
bonds. While the notes are outstanding there shall be deposited, 8,562
as shall be provided in the bond proceedings for those notes, 8,563
from the sources authorized for payment of bond service charges 8,564
on the bonds, amounts sufficient to pay the principal of the 8,565
bonds anticipated as set forth in that estimated schedule during 8,566
the time the notes are outstanding, which amounts shall be used 8,567
solely to pay the principal of those notes or of the bonds 8,568
anticipated. 8,569
(N) Refunding or renewal obligations issued pursuant to 8,571
division (L) or (M) of this section shall not be counted against 8,572
the limitations on principal amount provided for in divisions 8,574
(B)(1) and (2) of this section, and shall be in addition to the 8,575
amount authorized by the general assembly as provided for in 8,576
division (A) of this section, to the extent the principal amount 8,577
of those obligations does not exceed the then outstanding 8,578
principal amount of the obligations to be refunded, renewed, or 8,579
retired. For purposes of this section only, the principal amount 8,580
of an obligation issued to refund an outstanding obligation is 8,581
188
the amount on which interest or interest equivalent is initially 8,582
calculated and shall not be deemed to include any premium paid by 8,583
the initial purchaser of such obligation. 8,584
(O) Obligations are lawful investments for banks, 8,586
societies for savings, savings and loan associations, deposit 8,587
guarantee associations, trust companies, trustees, fiduciaries, 8,588
insurance companies, including domestic for life and domestic not 8,589
for life, trustees or other officers having charge of sinking and 8,590
bond retirement or other special funds of political subdivisions 8,591
and taxing districts of this state, the commissioners of the 8,592
sinking fund, the administrator of workers' compensation, the 8,593
state teachers retirement system, the public employees retirement 8,594
system, the school employees retirement system, and the Ohio 8,595
police and fire pension fund, notwithstanding any other 8,599
provisions of the Revised Code or rules adopted pursuant thereto 8,600
by any state agency with respect to investments by them, and are 8,602
also acceptable as security for the deposit of public moneys. 8,603
(P)(M) Unless otherwise provided in any applicable bond 8,605
proceedings, moneys to the credit of or in the special funds 8,606
established by or pursuant to this section may be invested by or 8,607
on behalf of the issuer only in notes, bonds, or other direct 8,608
obligations of the United States or of any agency or 8,609
instrumentality of the United States, in obligations of this 8,611
state or any political subdivision of this state, in certificates 8,612
of deposit of any national bank located in this state and any 8,613
bank, as defined in section 1101.01 of the Revised Code, subject 8,614
to inspection by the superintendent of financial institutions, in 8,615
the Ohio subdivision's fund established pursuant to section 8,616
135.45 of the Revised Code, in no-front-end-load money market 8,617
mutual funds consisting exclusively of direct obligations of the 8,618
United States or of an agency or instrumentality of the United 8,619
States, and in repurchase agreements, including those issued by 8,621
any fiduciary, secured by direct obligations of the United States 8,622
or an agency or instrumentality of the United States, and in 8,624
189
collective investment funds established in accordance with 8,625
section 1111.14 of the Revised Code and consisting exclusively of 8,626
direct obligations of the United States or of an agency or 8,627
instrumentality of the United States, notwithstanding division 8,628
(A)(1)(c) of that section. The income from investments shall be 8,630
credited to such special funds or otherwise as the issuer 8,631
determines in the bond proceedings, and the investments may be 8,632
sold or exchanged at such times as the issuer determines or 8,633
authorizes.
(Q)(N) Unless otherwise provided in any applicable bond 8,635
proceedings, moneys to the credit of or in a special fund shall 8,636
be disbursed on the order of the issuer, provided that no such 8,637
order is required for the payment from the bond service fund or 8,638
other special fund when due of bond service charges or required 8,639
payments under credit facilities. 8,640
(R)(O) The issuer may covenant in the bond proceedings, 8,642
and any such covenants shall be controlling notwithstanding any 8,643
other provision of law, that the state and the applicable 8,644
officers and agencies of the state, including the general 8,645
assembly, so long as any obligations are outstanding in 8,646
accordance with their terms, shall maintain statutory authority 8,647
for and cause to be charged and collected taxes, excises, and 8,648
other receipts of the state so that the receipts to the bond 8,649
service fund shall be sufficient in amounts to meet bond service 8,650
charges and for the establishment and maintenance of any reserves 8,651
and other requirements, including payment of financing costs, 8,652
provided for in the bond proceedings.
(S)(P) The obligations, and the transfer of, and the 8,654
interest and other income from, including any profit made on the 8,655
sale, transfer, or other disposition of, the obligations shall at 8,656
all times be free from taxation, direct or indirect, within the 8,657
state. 8,658
(T)(Q) Unless a judicial action or proceeding challenging 8,660
the validity of obligations is commenced by personal service on 8,661
190
the treasurer of state prior to the initial delivery of an issue 8,662
of the obligations, the obligations of that issue and the bond 8,663
proceedings pertaining to that issue are incontestable and those 8,664
obligations shall be conclusively considered to be and to have 8,665
been issued, secured, payable, sold, executed, and delivered, and 8,666
the bond proceedings relating to them taken, in conformity with 8,667
law if all of the following apply to the obligations: 8,668
(1) They state that they are issued under the provisions 8,670
of this section and comply on their face with those provisions; 8,671
(2) They are issued within the limitations prescribed by 8,673
this section; 8,674
(3) Their purchase price has been paid in full; 8,676
(4) They state that all the bond proceedings were held in 8,678
compliance with law, which statement creates a conclusive 8,679
presumption that the bond proceedings were held in compliance 8,680
with all laws, including section 121.22 of the Revised Code, 8,681
where applicable, and rules. 8,682
(R) THIS SECTION APPLIES ONLY WITH RESPECT TO OBLIGATIONS 8,684
ISSUED AND DELIVERED BEFORE SEPTEMBER 30, 2000. 8,685
Sec. 164.10. (A) There is hereby created in the state 8,694
treasury the "state capital improvements bond service fund." All 8,695
moneys received by the state and required by the bond 8,696
proceedings, consistent with sections 164.08 to 164.12 of the 8,697
Revised Code, to be deposited, transferred, or credited to the 8,698
bond service fund, and all other moneys transferred or allocated 8,699
to or received for the purposes of that fund, shall be deposited 8,700
and credited to the bond service fund and to any separate 8,701
accounts in that fund, subject to any applicable provisions of 8,702
the bond proceedings but without necessity for any act of 8,703
appropriation. During the period beginning with the date of the 8,704
first issuance of obligations and continuing during such time as 8,705
any obligations are outstanding in accordance with their terms, 8,706
so long as moneys in the bond service fund are insufficient to 8,707
pay all bond service charges on such obligations and, INCLUDING 8,709
191
costs relating to OF OR PAYMENTS UNDER credit ENHANCEMENT 8,710
facilities, becoming due in each year, except the principal 8,712
amounts of bond anticipation notes and costs relating to OF OR 8,713
PAYMENTS UNDER credit ENHANCEMENT facilities payable from the 8,714
proceeds of renewal notes or of the bonds anticipated by such 8,715
notes, a sufficient amount of moneys of the state are IS 8,716
committed and, without necessity for further act of 8,717
appropriation, shall be paid to the bond service fund in each 8,718
year for the purpose of paying those bond service charges and, 8,719
INCLUDING costs relating to OF OR PAYMENTS UNDER credit 8,720
ENHANCEMENT facilities, becoming due in that year. The bond 8,721
service fund is a trust fund and is hereby pledged to the payment 8,723
of bond service charges and, INCLUDING costs relating to OF OR 8,725
PAYMENTS UNDER credit ENHANCEMENT facilities to the extent
provided in the applicable bond proceedings, and payment of bond 8,726
service charges and, INCLUDING costs relating to OF OR PAYMENTS 8,728
UNDER credit ENHANCEMENT facilities, from the bond service fund 8,730
shall be made or provided for by the issuer in accordance with 8,731
the bond proceedings without necessity for any act of 8,732
appropriation.
(B) The bond proceedings may provide for the establishment 8,734
of separate accounts in the bond service fund and for the 8,735
application of such accounts only to the specific bond service 8,736
charges on obligations and, INCLUDING costs relating to OF OR 8,738
PAYMENTS UNDER credit enhancement facilities, pertinent to such 8,739
accounts and for other accounts therein within the general 8,740
purposes of the bond service fund.
(C) Subject to the bond proceedings for any obligations 8,742
then outstanding in accordance with their terms, the issuer may 8,743
pledge all, or such portion as the issuer determines, of the 8,744
receipts of the bond service fund to the payment of bond service 8,745
charges on obligations and, INCLUDING costs relating to OF OR 8,747
PAYMENTS UNDER credit enhancement facilities, and for the 8,748
establishment and maintenance of any reserves for payment of bond 8,749
192
service charges and, INCLUDING costs relating to OF OR PAYMENTS 8,752
UNDER credit enhancement facilities, as provided in the bond 8,753
proceedings, and make other provisions therein with respect to 8,754
receipts as authorized by this section which provisions shall be 8,755
controlling notwithstanding any other provisions of law 8,756
pertaining thereto. 8,757
Sec. 169.01. As used in this chapter, unless the context 8,766
otherwise requires: 8,767
(A) "Financial organization" means any bank, trust 8,769
company, savings bank, safe deposit company, mutual savings bank 8,770
without mutual stock, savings and loan association, credit union, 8,771
or investment company. 8,772
(B)(1) "Unclaimed funds" means any moneys, rights to 8,774
moneys, or intangible property, described in section 169.02 of 8,775
the Revised Code, when, as shown by the records of the holder, 8,776
the owner has not, within the times provided in section 169.02 of 8,777
the Revised Code, done any of the following: 8,778
(1)(a) Increased, decreased, or adjusted the amount of 8,780
such funds; 8,781
(2)(b) Assigned, paid premiums, or encumbered such funds; 8,783
(3)(c) Presented an appropriate record for the crediting 8,785
of such funds or received payment of such funds by check, draft, 8,786
or otherwise; 8,787
(4)(d) Corresponded with the holder concerning such funds; 8,789
(5)(e) Otherwise indicated an interest in or knowledge of 8,791
such funds; 8,792
(6)(f) Transacted business with the holder. 8,794
(2) "Unclaimed funds" does not include money ANY OF THE 8,796
FOLLOWING: 8,797
(a) MONEY received or collected under section 9.39 of the 8,800
Revised Code;
(b) ANY PAYMENT OR CREDIT DUE TO A BUSINESS ASSOCIATION 8,802
FROM A BUSINESS ASSOCIATION REPRESENTING SUMS PAYABLE TO 8,803
SUPPLIERS, OR PAYMENT FOR SERVICES RENDERED, IN THE COURSE OF 8,804
193
BUSINESS, INCLUDING, BUT NOT LIMITED TO, CHECKS OR MEMORANDA, 8,805
OVERPAYMENTS, UNIDENTIFIED REMITTANCES, NONREFUNDED OVERCHARGES, 8,806
DISCOUNTS, REFUNDS, AND REBATES;
(c) ANY PAYMENT OR CREDIT RECEIVED BY A BUSINESS 8,808
ASSOCIATION FROM A BUSINESS ASSOCIATION FOR TANGIBLE GOODS SOLD, 8,809
OR SERVICES PERFORMED, IN THE COURSE OF BUSINESS, INCLUDING, BUT 8,810
NOT LIMITED TO, CHECKS OR MEMORANDA, OVERPAYMENTS, UNIDENTIFIED 8,811
REMITTANCES, NONREFUNDED OVERCHARGES, DISCOUNTS, REFUNDS, AND 8,812
REBATES.
FOR PURPOSES OF DIVISIONS (B)(2)(b) AND (c) OF THIS 8,815
SECTION, "BUSINESS ASSOCIATION" MEANS ANY CORPORATION, JOINT 8,816
VENTURE, BUSINESS TRUST, LIMITED LIABILITY COMPANY, PARTNERSHIP, 8,817
ASSOCIATION, OR OTHER BUSINESS ENTITY COMPOSED OF ONE OR MORE
INDIVIDUALS, WHETHER OR NOT THE ENTITY IS FOR PROFIT. 8,818
(C) "Owner" means any person, or his THE PERSON'S legal 8,820
representative, entitled to receive or having a legal or 8,821
equitable interest in or claim against moneys, rights to moneys, 8,823
or other intangible property, subject to this chapter. 8,824
(D)(1) "Holder" means any person that has possession, 8,826
custody, or control of moneys, rights to moneys, or other 8,827
intangible property, or that is indebted to another, if any of 8,828
the following applies: 8,829
(a) Such person resides in this state; 8,831
(b) Such person is formed under the laws of this state; 8,833
(c) Such person is formed under the laws of the United 8,835
States and has an office or principal place of business in this 8,837
state;
(d) The records of such person indicate that the last 8,839
known address of the owner of such moneys, rights to moneys, or 8,840
other intangible property is in this state; 8,841
(e) The records of such person do not indicate the last 8,843
known address of the owner of the moneys, rights to moneys, or 8,844
other intangible property and the entity originating or issuing 8,845
the moneys, rights to moneys, or other intangible property is 8,846
194
this state or any political subdivision of this state, or is 8,847
incorporated, organized, created, or otherwise located in this
state. Division (D)(1)(e) of this section applies to all moneys, 8,848
rights to moneys, or other intangible property that is in the 8,849
possession, custody, or control of such person on or after the 8,850
effective date of this amendment JULY 22, 1994, whether the 8,851
moneys, rights to moneys, or other intangible property becomes 8,852
unclaimed funds prior to or on or after such date. 8,853
(2) "Holder" does not mean any hospital granted tax-exempt 8,855
status under section 501(c)(3) of the Internal Revenue Code or 8,856
any hospital owned or operated by the state or by any political 8,857
subdivision. Any entity in order to be exempt from the 8,858
definition of "holder" pursuant to this division shall make a 8,859
reasonable, good-faith effort to contact the owner of the 8,860
unclaimed funds. 8,861
(E) "Person" includes a natural person; corporation, 8,863
whether for profit or not for profit; copartnership; 8,864
unincorporated association or organization; public authority; 8,865
estate; trust; two or more persons having a joint or common 8,866
interest; eleemosynary organization; fraternal or cooperative 8,867
association; other legal or community entity; the United States 8,868
government, including any district, territory, possession, 8,869
officer, agency, department, authority, instrumentality, board, 8,870
bureau, or court; or any state or political subdivision thereof, 8,871
including any officer, agency, board, bureau, commission, 8,872
division, department, authority, court, or instrumentality. 8,873
(F) "Mortgage funds" means the mortgage insurance fund 8,875
created by section 122.561 of the Revised Code, and the housing 8,876
guarantee fund created by division (D) of section 128.11 of the 8,877
Revised Code. 8,878
(G) "Lawful claims" means any vested right a holder of 8,880
unclaimed funds has against the owner of such unclaimed funds. 8,881
(H) "Public utility" means any entity defined as such by 8,883
division (A) of section 745.01 or by section 4905.02 of the 8,884
195
Revised Code. 8,885
(I) "Deposit" means to place money in the custody of a 8,887
financial organization for the purpose of establishing an 8,888
income-bearing account by purchase or otherwise. 8,889
(J) "Income-bearing account" means a time or savings 8,891
account, whether or not evidenced by a certificate of deposit, or 8,892
an investment account through which investments are made solely 8,893
in obligations of the United States or its agencies or 8,894
instrumentalities or guaranteed as to principal and interest by 8,895
the United States or its agencies or instrumentalities, debt 8,896
securities rated as investment grade by at least two nationally 8,897
recognized rating services, debt securities which the director of 8,898
commerce has determined to have been issued for the safety and 8,899
welfare of the residents of this state, and equity interests in 8,900
mutual funds that invest solely in some or all of the 8,901
above-listed securities and involve no general liability, without 8,902
regard to whether income earned on such accounts, securities, or 8,903
interests is paid periodically or at the end of a term. 8,904
Sec. 169.02. Subject to division (B) of section 169.01 of 8,914
the Revised Code, the following constitute unclaimed funds: 8,915
(A) Except as provided in division (R) of this section, 8,918
any demand, savings, or matured time deposit account, or matured 8,919
certificate of deposit, together with any interest or dividend on 8,920
it, less any lawful claims, that is held or owed by a holder 8,921
which is a financial organization, unclaimed for a period of five 8,922
years;
(B) Any funds paid toward the purchase of withdrawable 8,924
shares or other interest in a financial organization, and any 8,925
interest or dividends on them, less any lawful claims, that is 8,926
held or owed by a holder which is a financial organization, 8,927
unclaimed for a period of five years; 8,928
(C) Except as provided in division (A) of section 3903.45 8,930
of the Revised Code, moneys held or owed by a holder, including a 8,931
fraternal association, providing life insurance, including 8,932
196
annuity or endowment coverage, unclaimed for three years after 8,934
becoming payable as established from the records of such holder 8,935
under any life or endowment insurance policy or annuity contract 8,936
that has matured or terminated. An insurance policy, the 8,937
proceeds of which are payable on the death of the insured, not 8,938
matured by proof of death of the insured is deemed matured and 8,939
the proceeds payable if such policy was in force when the insured 8,940
attained the limiting age under the mortality table on which the 8,941
reserve is based. 8,942
Moneys otherwise payable according to the records of such 8,944
holder are deemed payable although the policy or contract has not 8,945
been surrendered as required. 8,946
(D) Any deposit made to secure payment or any sum paid in 8,948
advance for utility services of a public utility and any amount 8,949
refundable from rates or charges collected by a public utility 8,950
for utility services held or owed by a holder, less any lawful 8,951
claims, that has remained unclaimed for one year after the 8,953
termination of the services for which the deposit or advance 8,954
payment was made or one year from the date the refund was 8,956
payable, whichever is earlier; 8,957
(E) Except as provided in division (R) of this section, 8,960
any certificates, securities as defined in section 1707.01 of the 8,961
Revised Code, nonwithdrawable shares, other instruments 8,962
evidencing ownership, or rights to them or funds paid toward the 8,963
purchase of them, or any dividend, capital credit, profit, 8,964
distribution, interest, or payment on principal or other sum, 8,965
held or owed by a holder, including funds deposited with a fiscal 8,966
agent or fiduciary for payment of them, and instruments
representing an ownership interest, unclaimed for five years. 8,968
Any underlying share or other intangible instrument representing 8,969
an ownership interest in a business association, in which the 8,970
issuer has recorded on its books the issuance of the share but 8,971
has been unable to deliver the certificate to the shareholder, 8,972
constitutes unclaimed funds if such underlying share is unclaimed 8,973
197
for five years. In addition, an underlying share constitutes 8,974
unclaimed funds if a dividend, distribution, or other sum payable 8,975
as a result of the underlying share has remained unclaimed by the 8,976
owner for five years. 8,977
This division shall not prejudice the rights of fiscal 8,979
agents or fiduciaries for payment to return the items described 8,980
in this division to their principals, according to the terms of 8,981
an agency or fiduciary agreement, but such a return shall 8,982
constitute the principal as the holder of the items and shall not 8,983
interrupt the period for computing the time for which the items 8,984
have remained unclaimed. 8,985
In the case of any such funds accruing and held or owed by 8,987
a corporation under division (E) of section 1701.24 of the 8,988
Revised Code, such corporation shall comply with this chapter, 8,989
subject to the limitation contained in section 1701.34 of the 8,990
Revised Code. The period of time for which such funds have gone 8,991
unclaimed specified in section 1701.34 of the Revised Code shall 8,992
be computed, with respect to dividends or distributions, 8,993
commencing as of the dates when such dividends or distributions 8,994
would have been payable to the shareholder had such shareholder 8,995
surrendered the certificates for cancellation and exchange by the 8,996
date specified in the order relating to them. 8,997
Capital credits of a cooperative which after January 1, 8,999
1972, have been allocated to members and which by agreement are 9,000
expressly required to be paid if claimed after death of the owner 9,001
are deemed payable, for the purpose of this chapter, fifteen 9,002
years after either the termination of service by the cooperative 9,003
to the owner or upon the nonactivity as provided in division (B) 9,004
of section 169.01 of the Revised Code, whichever occurs later, 9,005
provided that this provision does not apply if the payment is not 9,006
mandatory. 9,007
(F) Any sum payable on certified checks or other written 9,009
instruments certified or issued and representing funds held or 9,010
owed by a holder, less any lawful claims, that are unclaimed for 9,011
198
five years, and traveler's checks that are unclaimed for fifteen 9,013
years from the date payable, or from the date of issuance if 9,014
payable on demand. 9,015
As used in this division, "written instruments" include, 9,017
but are not limited to, certified checks, cashier's checks, bills 9,018
of exchange, letters of credit, drafts, money orders, and 9,019
traveler's checks. 9,020
If there is no address of record for the owner or other 9,022
person entitled to the funds, such address is presumed to be the 9,023
address where the instrument was certified or issued. 9,024
(G) Except as provided in division (R) of this section, 9,027
all moneys, rights to moneys, or other intangible property, 9,028
arising out of the business of engaging in the purchase or sale 9,029
of securities, or otherwise dealing in intangibles, less any 9,030
lawful claims, that are held or owed by a holder and are 9,031
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 9,033
of the Revised Code, all moneys, rights to moneys, and other 9,034
intangible property distributable in the course of dissolution or 9,035
liquidation of a holder that are unclaimed for one year after the 9,036
date set by the holder for distribution; 9,037
(I) All moneys, rights to moneys, or other intangible 9,039
property removed from a safe-deposit box or other safekeeping 9,040
repository located in this state or removed from a safe-deposit 9,041
box or other safekeeping repository of a holder, on which the 9,042
lease or rental period has expired, or any amount arising from 9,043
the sale of such property, less any lawful claims, that are 9,044
unclaimed for three years from the date on which the lease or 9,046
rental period expired; 9,047
(J) Subject to division (M)(2) of this section, all 9,049
moneys, rights to moneys, or other intangible property, and any 9,050
income or increment on them, held or owed by a holder which is a 9,051
fiduciary for the benefit of another, or a fiduciary or custodian 9,052
of a qualified retirement plan or individual retirement 9,053
199
arrangement under section 401 or 408 of the Internal Revenue 9,054
Code, unclaimed for three years after the final date for 9,055
distribution; 9,056
(K) All moneys, rights to moneys, or other intangible 9,058
property held or owed in this state or held for or owed to an 9,059
owner whose last known address is within this state, by the 9,060
United States government or any state, as those terms are 9,061
described in division (E) of section 169.01 of the Revised Code, 9,062
unclaimed by the owner for three years, excluding any property in 9,064
the control of any court in a proceeding in which a final 9,065
adjudication has not been made; 9,066
(L) Amounts payable pursuant to the terms of any policy of 9,068
insurance, other than life insurance, or any refund available 9,069
under such a policy, held or owed by any holder, unclaimed for 9,070
three years from the date payable or distributable; 9,071
(M)(1) Subject to division (M)(2) of this section, any 9,073
funds constituting rents or lease payments due, any deposit made 9,074
to secure payment of rents or leases, or any sum paid in advance 9,075
for rents, leases, possible damage to property, unused services, 9,076
performance requirements, or any other purpose, held or owed by a 9,077
holder unclaimed for one year; 9,078
(2) Any escrow funds, security deposits, or other moneys 9,080
that are received by a licensed broker in a fiduciary capacity 9,081
and that, pursuant to division (A)(26) of section 4735.18 of the 9,082
Revised Code, are required to be deposited into and maintained in 9,083
a special or trust, noninterest-bearing bank account separate and 9,084
distinct from any personal or other account of the licensed 9,085
broker, held or owed by the licensed broker unclaimed for two 9,086
years. 9,087
(N) Any sum payable as wages, salaries, or commissions, 9,089
any sum payable for services rendered, funds owed or held as 9,090
royalties, oil and mineral proceeds, funds held for or owed to 9,091
suppliers, and moneys owed under pension and profit-sharing 9,092
plans, held or owed by any holder unclaimed for one year from 9,094
200
date payable or distributable, and all other credits held or 9,095
owed, OR TO BE REFUNDED TO A RETAIL CUSTOMER, by any holder 9,096
unclaimed for three years from date payable or distributable; 9,097
(O) Amounts held in respect of or represented by lay-aways 9,099
sold after January 1, 1972, less any lawful claims, when such 9,100
lay-aways are unclaimed for three years after the sale of them; 9,101
(P) All moneys, rights to moneys, and other intangible 9,103
property not otherwise constituted as unclaimed funds by this 9,104
section, including any income or increment on them, less any 9,105
lawful claims, which are held or owed by any holder, other than a 9,106
holder which holds a permit issued pursuant to Chapter 3769. of 9,107
the Revised Code, and which have remained unclaimed for three 9,109
years after becoming payable or distributable; 9,110
(Q) All moneys that arise out of a sale held pursuant to 9,112
section 5322.03 of the Revised Code, that are held by a holder 9,113
for delivery on demand to the appropriate person pursuant to 9,114
division (I) of that section, and that are unclaimed for two 9,115
years after the date of the sale. 9,116
(R)(1) Any funds that are subject to an agreement between 9,119
the holder and owner providing for automatic reinvestment and 9,120
that constitute dividends, distributions, or other sums held or 9,121
owed by a holder in connection with a security as defined in 9,122
section 1707.01 of the Revised Code., an ownership interest in an 9,125
investment company registered under the "Investment Company Act 9,126
of 1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a 9,128
certificate of deposit, unclaimed for a period of five years. 9,129
(2) The five-year period under division (R)(1) of this 9,131
section commences from the date a second shareholder notification 9,132
or communication mailing to the owner of the funds is returned to 9,133
the holder as undeliverable by the United States postal service 9,134
or other carrier. The notification or communication mailing by 9,135
the holder shall be no less frequent than quarterly. 9,136
All moneys in a personal allowance account, as defined by 9,139
rules adopted by the director of job and family services, up to 9,141
201
and including the maximum resource limitation, of a medicaid 9,142
patient who has died after receiving care in a long-term care 9,143
facility, and for whom there is no identifiable heir or sponsor, 9,144
are not subject to this chapter. 9,145
Sec. 505.261. A board of township trustees may acquire 9,154
suitable lands and materials, including landscape planting and 9,155
other site improvement materials and playground, athletic, and 9,156
recreational equipment and apparatus, to establish a township 9,158
park pursuant to section 505.26 of the Revised Code and for those 9,159
purposes may issue, subject to Chapter 133. of the Revised Code, 9,164
securities and other public obligations as defined in division 9,165
(GG) of section 133.01 of the Revised Code. 9,168
If lands are purchased, the board may pay for them over a 9,171
period of thirty years from the date of purchase, and may issue 9,173
securities of the township covering the deferred payments 9,175
pursuant to division (B)(3)(4)(c) of section 133.20 of the 9,178
Revised Code. If materials, including landscape planting or 9,180
other site improvement materials and playground, athletic, and 9,182
recreational equipment and apparatus, are purchased, the board 9,183
may issue securities of the township for that purpose having a 9,184
maximum maturity as specified in division (B)(6)(7)(e) or (f) of 9,187
section 133.20 of the Revised Code covering the deferred 9,189
payments. The securities may bear interest not to exceed the 9,191
rate determined as provided in section 9.95 of the Revised Code. 9,192
The securities shall not be included in the computation of the 9,194
net indebtedness of the township under section 133.09 of the 9,195
Revised Code.
The resolution authorizing the issuance of the securities 9,198
shall provide for amounts sufficient to pay the interest on and 9,200
principal of the securities. For this purpose, the board may 9,202
expend funds from the township general fund, or the board may 9,203
levy a tax, not to exceed one-half of one mill, on the taxable 9,204
property of the township for a period not to exceed four years. 9,205
The tax shall be collected as other taxes and appropriated to pay 9,206
202
the interest on and principal of the securities. The securities 9,208
shall contain an option for prepayment. The securities shall be 9,209
offered for sale on the open market or may be given to the vendor 9,211
or contractor if no sale is made on the open market. 9,212
The board shall have surveys and plats made of the lands 9,214
acquired for a township park and shall establish permanent 9,215
monuments on the boundaries of the lands. The plats, when 9,216
executed according to sections 711.01 to 711.38 of the Revised 9,217
Code, shall be recorded in the office of the county recorder, and 9,218
such records shall be admissible in evidence for the purpose of 9,219
locating and ascertaining the true boundaries of the park. In 9,220
furtherance of the use and enjoyment of the park lands controlled 9,221
by it, the board may accept donations of money or other property, 9,222
or may act as trustees of land, money, or other property, and use 9,223
and administer them as stipulated by the donor, or as provided in 9,224
the trust agreement. The terms of each donation or trust shall 9,225
first be approved by the court of common pleas before acceptance 9,226
by the board. 9,227
The board may receive and expend grants for park purposes 9,229
from agencies and instrumentalities of the United States or of 9,230
this state, and may enter into contracts or agreements with the 9,231
agencies and instrumentalities, or with other townships, township 9,232
park boards, municipal corporations, municipal park boards, 9,233
counties, park districts, or other similar park authorities, to 9,234
carry out the purposes for which the grants were furnished. 9,235
The board shall devise plans for the maintenance and 9,237
improvement of the park and award all contracts for maintenance 9,238
and improvement in the manner provided by the law governing 9,239
township trustees in awarding contracts for public improvements. 9,240
The board may appoint all necessary employees, fix their 9,241
compensation, and prescribe their duties. The board may prohibit 9,242
selling, giving away, or using any intoxicating liquors in the 9,243
township park, and may pass bylaws and adopt rules for the 9,244
government of the park and provide for their enforcement by fines 9,245
203
and penalties. 9,246
Sec. 505.264. (A) As used in this section, "energy 9,255
conservation measure" means an installation or modification of an 9,256
installation in, or remodeling of, an existing building, to 9,257
reduce energy consumption. It includes the following: 9,258
(1) Insulation of the building structure and of systems 9,260
within the building; 9,261
(2) Storm windows and doors, multiglazed windows and 9,263
doors, heat-absorbing or heat-reflective glazed and coated window 9,264
and door systems, additional glazing, reductions in glass area, 9,265
and other window and door system modifications that reduce energy 9,266
consumption; 9,267
(3) Automatic energy control systems; 9,269
(4) Heating, ventilating, or air conditioning system 9,271
modifications or replacements; 9,272
(5) Caulking and weatherstripping; 9,274
(6) Replacement or modification of lighting fixtures to 9,276
increase the energy efficiency of the system without increasing 9,277
the overall illumination of a facility, unless an increase in 9,279
illumination is necessary to conform to the applicable state or 9,280
local building code for the proposed lighting system;
(7) Energy recovery systems; 9,282
(8) Cogeneration systems that produce steam or forms of 9,284
energy such as heat, as well as electricity, for use primarily 9,285
within a building or complex of buildings; 9,286
(9) Any other modification, installation, or remodeling 9,288
approved by the board of township trustees as an energy 9,289
conservation measure. 9,290
(B) For the purpose of evaluating township buildings for 9,292
energy conservation measures, a township may contract with an 9,293
architect, professional engineer, energy services company, 9,294
contractor, or other person experienced in the design and 9,295
implementation of energy conservation measures for a report that 9,296
analyzes the buildings' energy needs and presents recommendations 9,297
204
for building installations, modifications of existing 9,298
installations, or building remodeling that would significantly 9,299
reduce energy consumption in the buildings owned by that 9,300
township. The report shall include estimates of all costs of the 9,302
installations, modifications, or remodeling, including costs of 9,304
design, engineering, installation, maintenance, and repairs, and 9,305
estimates of the amounts by which energy consumption could be
reduced. 9,306
(C) A township desiring to implement energy conservation 9,308
measures may proceed under either of the following methods: 9,309
(1) Using a report or any part of a report prepared under 9,311
division (B) of this section, advertise for bids and comply with 9,312
the bidding procedures set forth in sections 307.86 to 307.92 of 9,313
the Revised Code; 9,314
(2) Request proposals from at least three vendors for the 9,316
implementation of energy conservation measures. Prior to sending 9,317
any installer of energy conservation measures a copy of any such 9,318
request, the township shall advertise its intent to request 9,319
proposals for the installation of energy conservation measures in 9,320
a newspaper of general circulation in the township once a week 9,321
for two consecutive weeks. The notice shall state that the 9,322
township intends to request proposals for the installation of 9,323
energy conservation measures; indicate the date, which shall be 9,324
at least ten days after the second publication, on which the 9,325
request for proposals will be mailed to installers of energy 9,326
conservation measures; and state that any installer of energy 9,327
conservation measures interested in receiving the request for 9,328
proposal shall submit written notice to the township not later 9,329
than noon of the day on which the request for proposal will be 9,330
mailed. 9,331
Upon receiving the proposals the township shall analyze 9,333
them and select the proposal or proposals most likely to result 9,334
in the greatest energy savings considering the cost of the 9,335
project and the township's ability to pay for the improvements 9,336
205
with current revenues or by financing the improvements. The 9,337
awarding of a contract to install energy conservation measures 9,338
under division (C)(2) of this section shall be conditioned upon a 9,339
finding by the township that the amount of money spent on energy 9,340
savings measures is not likely to exceed the amount of money the 9,341
township would save in energy and operating costs over ten years 9,342
or a lesser period as determined by the township or, in the case 9,343
of contracts for cogeneration systems, over five years or a 9,344
lesser period as determined by the township. Nothing in this 9,345
section prohibits a township from rejecting all proposals or from 9,346
selecting more than one proposal. 9,347
(D) A board of township trustees may enter into an 9,349
installment payment contract for the purchase and installation of 9,350
energy conservation measures. Any provisions of those 9,352
installment payment contracts that deal with interest charges and 9,353
financing terms shall not be subject to the competitive bidding 9,354
procedures of section 307.86 of the Revised Code. Unless 9,356
otherwise approved by a resolution of the board, an installment 9,358
payment contract entered into by a board of township trustees 9,359
under this section shall require the board to contract in 9,360
accordance with the procedures set forth in section 307.86 of the 9,361
Revised Code for the installation, modification, or remodeling of 9,362
energy conservation measures pursuant to this section. 9,363
(E) The board may issue securities of the township 9,365
specifying the terms of the purchase and securing the deferred 9,366
payments, payable at the times provided and bearing interest at a 9,368
rate not exceeding the rate determined as provided in section 9,369
9.95 of the Revised Code. The maximum maturity of the securities 9,370
shall be as provided in division (B)(6)(7)(g) of section 133.20 9,371
of the Revised Code. The securities may contain an option for 9,373
prepayment and shall not be subject to Chapter 133. of the 9,374
Revised Code. Revenues derived from local taxes or otherwise, 9,375
for the purpose of conserving energy or for defraying the current 9,376
operating expenses of the township, may be applied to the payment 9,377
206
of interest and the retirement of the securities. The securities 9,378
may be sold at private sale or given to the contractor under the 9,380
installment payment contract authorized by division (D) of this 9,381
section.
(F) Debt incurred under this section shall not be included 9,383
in the calculation of the net indebtedness of a township under 9,384
section 133.09 of the Revised Code. 9,385
Sec. 1347.08. (A) Every state or local agency that 9,394
maintains a personal information system, upon the request and the 9,395
proper identification of any person who is the subject of 9,396
personal information in the system, shall: 9,397
(1) Inform the person of the existence of any personal 9,399
information in the system of which the person is the subject; 9,400
(2) Except as provided in divisions (C) and (E)(2) of this 9,402
section, permit the person, the person's legal guardian, or an 9,404
attorney who presents a signed written authorization made by the 9,405
person, to inspect all personal information in the system of 9,406
which the person is the subject; 9,407
(3) Inform the person about the types of uses made of the 9,409
personal information, including the identity of any users usually 9,410
granted access to the system. 9,411
(B) Any person who wishes to exercise a right provided by 9,413
this section may be accompanied by another individual of the 9,415
person's choice.
(C)(1) A state or local agency, upon request, shall 9,417
disclose medical, psychiatric, or psychological information to a 9,418
person who is the subject of the information or to the person's 9,420
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 9,421
is likely to have an adverse effect on the person, in which case 9,422
the information shall be released to a physician, psychiatrist, 9,423
or psychologist who is designated by the person or by the 9,424
person's legal guardian. 9,425
(2) Upon the signed written request of either a licensed 9,427
207
attorney at law or a licensed physician designated by the inmate, 9,428
together with the signed written request of an inmate of a 9,429
correctional institution under the administration of the 9,430
department of rehabilitation and correction, the department shall 9,431
disclose medical information to the designated attorney or 9,432
physician as provided in division (C) of section 5120.21 of the 9,433
Revised Code. 9,434
(D) If an individual who is authorized to inspect personal 9,436
information that is maintained in a personal information system 9,437
requests the state or local agency that maintains the system to 9,438
provide a copy of any personal information that the individual is 9,440
authorized to inspect, the agency shall provide a copy of the 9,441
personal information to the individual. Each state and local 9,442
agency may establish reasonable fees for the service of copying, 9,443
upon request, personal information that is maintained by the 9,444
agency.
(E)(1) This section regulates access to personal 9,446
information that is maintained in a personal information system 9,447
by persons who are the subject of the information, but does not 9,448
limit the authority of any person, including a person who is the 9,449
subject of personal information maintained in a personal 9,450
information system, to inspect or have copied, pursuant to 9,451
section 149.43 of the Revised Code, a public record as defined in 9,452
that section. 9,453
(2) This section does not provide a person who is the 9,455
subject of personal information maintained in a personal 9,456
information system, the person's legal guardian, or an attorney 9,458
authorized by the person, with a right to inspect or have copied, 9,459
or require an agency that maintains a personal information system 9,460
to permit the inspection of or to copy, a confidential law 9,461
enforcement investigatory record or trial preparation record, as 9,462
defined in divisions (A)(2) and (4) of section 149.43 of the 9,463
Revised Code.
(F) This section does not apply to any of the following: 9,465
208
(1) The contents of an adoption file maintained by the 9,467
department of health under section 3705.12 of the Revised Code; 9,468
(2) Information contained in the putative father registry 9,470
established by section 3107.062 of the Revised Code, regardless 9,471
of whether the information is held by the department of job and 9,474
family services or, pursuant to section 5101.313 of the Revised 9,475
Code, the division of child support in the department or a child 9,477
support enforcement agency;
(3) Papers, records, and books that pertain to an adoption 9,479
and that are subject to inspection in accordance with section 9,480
3107.17 of the Revised Code; 9,481
(4) Records listed in division (A) of section 3107.42 of 9,483
the Revised Code or specified in division (A) of section 3107.52 9,484
of the Revised Code; 9,485
(5) Records that identify an individual described in 9,487
division (A)(1) of section 3721.031 of the Revised Code, or that 9,488
would tend to identify such an individual; 9,489
(6) Files and records that have been expunged under 9,491
division (D)(1) of section 3721.23 of the Revised Code; 9,492
(7) Records that identify an individual described in 9,494
division (A)(1) of section 3721.25 of the Revised Code, or that 9,495
would tend to identify such an individual; 9,496
(8) Records that identify an individual described in 9,498
division (A)(1) of section 5111.61 of the Revised Code, or that 9,499
would tend to identify such an individual; 9,500
(9) TEST MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED 9,502
IN AN EXAMINATION FOR LICENSURE AS A NURSING HOME ADMINISTRATOR 9,503
THAT THE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS 9,504
ADMINISTERS UNDER SECTION 4751.04 OF THE REVISED CODE OR 9,505
CONTRACTS UNDER THAT SECTION WITH A PRIVATE OR GOVERNMENT ENTITY 9,506
TO ADMINISTER.
Sec. 1551.12. The director of development may: 9,515
(A) Seek, solicit, or acquire personal property or any 9,517
estate, interest, or right in real property, or services, funds, 9,518
209
and other things of value of any kind or character by purchase, 9,519
lease, gift, grant, contribution, exchange, or otherwise from any 9,520
person or governmental agency to be held, used, and applied in 9,521
accordance with and for the purposes of this chapter; 9,522
(B) Contract for the operation of, and establish rules for 9,524
the use of, facilities over which the director has supervision or 9,526
control, which rules may include the limitation of ingress to or 9,527
egress from such facilities as may be necessary to maintain the 9,528
security of such facilities and to provide for the safety of 9,529
those on the premises of such facilities; 9,530
(C) Purchase such fire and extended coverage insurance and 9,532
insurance protecting against liability for damage to property or 9,533
injury to or death of persons as the director may consider 9,534
necessary and proper under this chapter; 9,535
(D) Sponsor, conduct, assist, and encourage conferences, 9,537
seminars, meetings, institutes, and other forms of meetings; 9,538
authorize, prepare, publish, and disseminate any form of studies, 9,539
reports, and other publications; originate, prepare, and assist 9,540
proposals for the expenditure or granting of funds by any 9,541
governmental agency or person for purposes of energy resource 9,542
development; and investigate, initiate, sponsor, participate in, 9,543
and assist with cooperative activities and programs involving 9,544
governmental agencies and other entities of other states and 9,545
jurisdictions; 9,546
(E) Do all acts and things necessary and proper to carry 9,548
out the powers granted and the duties imposed by this chapter; 9,549
(F) Make grants of funds to any person, organization, or 9,551
governmental agency of the state for the furnishing of goods or 9,552
performance of services. 9,553
Any person or governmental agency that receives funds from 9,555
the department of development, or utilizes the facilities of the 9,556
department under this chapter shall agree in writing that all 9,557
know-how, trade secrets, and other forms of property, rights, and 9,558
interest arising out of developments, discoveries, or inventions, 9,559
210
including patents, copyrights, or royalties thereon, which result 9,560
in whole or in part from research, studies, or testing conducted 9,561
by use of such funds or facilities shall be the sole property of 9,562
the department, except as may be otherwise negotiated and 9,563
provided by contract in advance of such research, studies, or 9,564
testing. However, such exceptions do not apply to the director 9,565
or employees of the department participating in or performing 9,566
research, tests, or studies. 9,567
Rights retained by the department may be assigned, 9,569
licensed, transferred, sold, or otherwise disposed of, in whole 9,570
or in part, to any person or governmental agency. Except as 9,571
otherwise provided in section 1551.36 of the Revised Code, any 9,572
ANY and all income, royalties, or proceeds derived or retained 9,573
from such dispositions shall be paid to the state and credited to 9,574
the general revenue fund. 9,575
Any instrument by which real property is acquired pursuant 9,577
to this section shall identify the agency of the state that has 9,578
the use and benefit of the real property as specified in section 9,579
5301.012 of the Revised Code.
Sec. 1551.30. As used in sections 1551.30 to 1551.36 9,588
1551.35 of the Revised Code: 9,590
(A) "Coal development facility" means any coal resource 9,592
development, beneficiation, or utilization facility of commercial 9,593
availability or scale, including, without limitation, any 9,594
commercial-scale demonstration facility and, when necessary or 9,595
appropriate to demonstrate the commercial acceptability of a 9,596
specific technology, up to three installations within this state 9,597
utilizing the specific technology, that enhances the market for, 9,598
or marketability of, Ohio coal and that is consistent with the 9,599
purposes of the Ohio coal development office established under 9,600
section 1551.32 of the Revised Code. Such a "COAL DEVELOPMENT 9,602
facility" includes all support buildings and facilities that the 9,603
director of the Ohio coal development office determines are 9,604
necessary for the operation of the facility together with all 9,605
211
property, rights, easements, and interests that may be required 9,606
for the operation of the facility. 9,607
(B) "Coal" includes coal, coke, and fuels derived from 9,609
coal, including, but not limited to, synthetic fuels and coal-oil 9,610
or coal-oil-water mixtures. 9,611
(C) "Person" includes an individual, receiver, assignee, 9,613
trustee in bankruptcy, estate, firm, partnership, association, 9,614
joint-stock company, joint venture, club, society, corporation, 9,615
and combination of individuals in any form. 9,616
(D) "Governmental agency" and "construction" have the same 9,618
meanings as in section 1551.01 of the Revised Code. 9,619
Sec. 1551.31. The general assembly hereby finds and 9,628
declares that: 9,629
(A) Coal is one of this state's best, most abundant energy 9,631
resources;. 9,632
(B) In recent years the coal industry in this state has 9,634
experienced economic difficulties that have resulted in a loss of 9,635
jobs in that industry;. 9,636
(C) Some coal users are reluctant to use coal from this 9,638
state because of its high sulfur content;. 9,639
(D) The increased use of Ohio coal in this state could 9,641
enable the state to be more energy self-sufficient;. 9,642
(E) It is therefore imperative for this state to have a 9,644
strong, viable coal industry in order to create and preserve jobs 9,645
and improve the economy of this state and that, in order to 9,646
strengthen that industry, methods must be found to use Ohio coal 9,647
in an environmentally acceptable, cost effective manner. 9,648
Accordingly, it is declared to be the public policy of the 9,650
state, through operation of sections 1551.30 to 1551.36 1551.35 9,652
of the Revised Code and other applicable laws and authority 9,653
vested in the general assembly, to assist in the development of 9,654
facilities and technologies that will lead to increased, 9,655
environmentally sound use of Ohio coal. 9,656
Sec. 1551.33. (A) The director of development shall 9,665
212
appoint and fix the compensation of the director of the Ohio coal 9,666
development office established under section 1551.32 of the 9,667
Revised Code. The director of the office shall serve at the 9,668
pleasure of the director of development. 9,669
(B) The director of the office shall do all of the 9,671
following:
(1) Biennially prepare and maintain the Ohio coal 9,673
development agenda required under section 1551.34 of the Revised 9,674
Code; 9,675
(2) Propose and support policies for the office consistent 9,677
with the Ohio coal development agenda and develop means to 9,678
implement the agenda; 9,679
(3) Apportion for the office's administrative costs no 9,681
more than ten per cent of the moneys credited to the Ohio coal 9,682
development fund created under section 1551.36 of the Revised 9,683
Code; 9,684
(4) Initiate, undertake, and support projects to carry out 9,686
the office's purposes and ensure that the projects are consistent 9,687
with and meet the selection criteria established by the Ohio coal 9,688
development agenda; 9,689
(5)(4) Actively encourage joint participation in and, when 9,691
feasible, joint funding of the office's projects with 9,692
governmental agencies, electric utilities, universities and 9,693
colleges, other public or private interests, or any other person; 9,694
(6)(5) Establish a table of organization for and employ 9,696
such employees and agents as are necessary for the administration 9,697
and operation of the office; 9,698
(7)(6) Appoint specified members of and convene the 9,700
technical advisory committee established under section 1551.35 of 9,701
the Revised Code; 9,702
(8)(7) Review, with the assistance of the technical 9,704
advisory committee, proposed coal research and development 9,705
projects as defined in section 1555.01 of the Revised Code, and 9,706
coal development projects, submitted to the office by public 9,707
213
utilities for the purposes of sections 4905.301, 4905.304, and 9,708
4909.191 of the Revised Code. If the director and the advisory 9,709
committee determine that any such facility or project has as its 9,710
purpose the enhanced use of Ohio coal in an environmentally 9,711
acceptable, cost effective manner, promotes energy conservation, 9,712
is cost effective, and is environmentally sound, the director 9,713
shall submit to the public utilities commission a report 9,714
recommending that the commission allow the recovery of costs 9,715
associated with the facility or project under section 4905.301, 9,716
4905.304, or 4909.191 of the Revised Code and including the 9,717
reasons for the recommendation;. 9,718
(9)(8) Establish such policies, procedures, and guidelines 9,720
as are necessary to achieve the office's purposes. 9,721
(C) With the approval of the director of development, the 9,723
director of the office may exercise any of the powers and duties 9,724
of the director of development as the directors consider 9,725
appropriate or desirable to achieve the office's purposes, 9,726
including, but not limited to, the powers and duties enumerated 9,727
in sections 1551.11, 1551.12, 1551.13, and 1551.15 of the Revised 9,728
Code. 9,729
Additionally, the director of the office may make loans to 9,731
governmental agencies or persons for projects to carry out the 9,732
office's purposes. Fees, charges, rates of interest, times of 9,733
payment of interest and principal, and other terms, conditions, 9,734
and provisions of the loans shall be such as the director of the 9,735
office determines to be appropriate and in furtherance of the 9,736
purposes for which the loans are made. The mortgage lien 9,737
securing any moneys lent by the director of the office may be 9,738
subordinate to the mortgage lien securing any moneys lent or 9,739
invested by a financial institution, but shall be superior to 9,740
that securing any moneys lent or expended by any other person. 9,741
The moneys used in making the loans shall be disbursed upon order 9,742
of the director of the office. 9,743
Sec. 1551.34. On or before the thirty-first day of March 9,753
214
of the second year of each biennium, the director of the Ohio 9,754
coal development office established under section 1551.32 of the 9,755
Revised Code shall submit to the governor and the general 9,756
assembly an Ohio coal development agenda. Prior to each
submission, the office shall solicit public comment on the agenda 9,758
to give interested parties an opportunity to comment on the 9,759
agenda. The director shall consider any public comments received
prior to the agenda's submission. The agenda shall include, but 9,761
is not limited to, all of the following:
(A) A characterization of Ohio coal, constraints on its 9,763
maximum use, and opportunities for overcoming those constraints; 9,764
(B) A characterization of the current and potential 9,766
markets for Ohio coal, constraints on increased market demand for 9,767
it, and opportunities for overcoming those constraints; 9,768
(C) Identification of each of the office's programs and 9,770
its correspondence to the purposes of the office; 9,771
(D) A description of the office's current projects that 9,773
includes the status of each project and a specific description of 9,774
the office's activities in all of the following areas: 9,775
(1) Commercialization of available technology; 9,777
(2) Marketplace adoption of that technology; 9,779
(3) Enhancement of user markets for Ohio coal. 9,781
(E) The types of projects to be funded in the succeeding 9,783
biennium; 9,784
(F) Anticipated expenditures for, the relative priority 9,786
of, and the potential benefits of each type of project to be 9,787
funded in the succeeding biennium; 9,788
(G) The results obtained from completed projects and 9,790
dissemination of those results; 9,791
(H) A fiscal report of the office's activities under 9,793
sections 1551.30 to 1551.36 1551.35 and Chapter 1555. of the 9,794
Revised Code during the preceding biennium; 9,796
(I) The criteria used to select the office's specific 9,798
types of projects. The criteria shall consider all of the 9,799
215
following:
(1) A project's relationship to and support of the 9,801
office's purposes; 9,802
(2) The technology involved, its applicability to Ohio 9,804
coal, and its potential rate and probability of marketplace 9,805
adoption; 9,806
(3) The commercial readiness of a project's facility, 9,808
technology, or equipment; 9,809
(4) The cost and relative risk to the state and the 9,811
participation of other investors or interested parties in a 9,812
project's financing; 9,813
(5) The likelihood that results of a project would not be 9,815
achieved in the absence of the office's assistance. 9,816
Sec. 1555.02. It is hereby declared to be the public 9,825
policy of the state through the operations of the Ohio coal 9,826
development office under this chapter to contribute toward one or 9,827
more of the following: to provide for the comfort, health, 9,828
safety, and general welfare of all employees and other 9,829
inhabitants of the state through research and development 9,830
directed toward the discovery of new technologies or the 9,831
demonstration or application of existing technologies to enable 9,832
the conversion or use of Ohio coal as a fuel or chemical 9,833
feedstock in an environmentally acceptable manner thereby 9,834
enhancing the marketability and fostering the use of this state's 9,835
vast reserves of coal, to assist in the financing of coal 9,836
research and development and coal research and development 9,837
projects or facilities for persons doing business in this state 9,838
and educational and scientific institutions located in this 9,839
state, to create or preserve jobs and employment opportunities or 9,840
improve the economic welfare of the people of the state, or to 9,841
assist and cooperate with such persons and educational and 9,842
scientific institutions in conducting coal research and 9,843
development. In furtherance of such public policy, the Ohio coal 9,844
development office may, with the advice of the technical advisory 9,845
216
committee created in section 1551.35 of the Revised Code and the 9,846
approval of the director of development, make loans, guarantee 9,847
loans, and make grants to persons doing business in this state or 9,848
to educational or scientific institutions located in this state 9,849
for coal research and development projects by such persons or 9,850
educational or scientific institutions; may, with the advice of 9,851
the technical advisory committee and the approval of the director 9,852
of development, request the issuance of coal research and 9,853
development general obligations under section 1555.08 151.07 of 9,855
the Revised Code to provide funds for making such loans, loan 9,856
guarantees, and grants; and may, with the advice of the technical 9,857
advisory committee and the approval of the director of 9,858
development, expend moneys credited to the coal research and 9,859
development fund created in section 1555.15 of the Revised Code 9,860
for the purpose of making such loans, loan guarantees, and 9,861
grants. Determinations by the director of the Ohio coal 9,862
development office that coal research and development or a coal 9,863
research and development facility is a coal research and 9,864
development project under this chapter and is consistent with the 9,865
purposes of Section 15 of Article VIII, Ohio Constitution, and 9,866
this chapter shall be conclusive as to the validity and 9,867
enforceability of the coal research and development general 9,868
obligations issued to finance such project and of the 9,869
authorizations, trust agreements or indentures, loan agreements, 9,870
loan guarantee agreements, or grant agreements, and other 9,871
agreements made in connection therewith, all in accordance with 9,872
their terms. 9,873
Sec. 1555.03. For the purposes of this chapter, the 9,882
director of the Ohio coal development office may: 9,883
(A) With the advice of the technical advisory committee 9,885
created in section 1551.35 of the Revised Code and the approval 9,886
of the director of development, make loans, guarantee loans, and 9,887
make grants to persons doing business in this state or to 9,888
educational or scientific institutions located in this state for 9,889
217
coal research and development projects by any such person or 9,890
educational or scientific institution and adopt rules under 9,891
Chapter 119. of the Revised Code for making such loans, 9,892
guarantees, and grants. 9,893
(B) In making loans, loan guarantees, and grants under 9,895
division (A) of this section and section 1555.04 of the Revised 9,896
Code, the director of the office shall ensure that an adequate 9,897
portion of the total amount of those loans, loan guarantees, and 9,898
grants, as determined by the director with the advice of the 9,899
technical advisory committee, be used for conducting research on 9,900
fundamental scientific problems related to the utilization of 9,901
Ohio coal and shall ensure, to the maximum feasible extent, joint 9,902
financial participation by the federal government or other 9,903
investors or interested parties in conjunction with any such 9,904
loan, loan guarantee, or grant. The director, in each grant 9,905
agreement or contract under division (A) of this section, loan 9,906
contract or agreement under this division or section 1555.04 of 9,907
the Revised Code, and contract of guarantee under section 1555.05 9,908
of the Revised Code, shall require that the facility or project 9,909
be maintained and kept in good condition and repair by the person 9,910
or educational or scientific institution to whom the grant or 9,911
loan was made or for whom the guarantee was made. 9,912
(C) From time to time, with the advice of the technical 9,914
advisory committee and the approval of the director of 9,915
development, request the issuance of coal research and 9,916
development general obligations under section 1555.08 151.07 of 9,918
the Revised Code, for any of the purposes set forth in Section 15 9,919
of Article VIII, Ohio Constitution, and subject to the 9,920
limitations therein upon the aggregate total amount of 9,921
obligations that may be outstanding at any time. 9,922
(D) Include as a condition of any loan, loan guarantee, or 9,924
grant contract or agreement with any such person or educational 9,925
or scientific institution that the director of the office 9,926
receive, in addition to payments of principal and interest on any 9,927
218
such loan or service charges for any such guarantee, as 9,928
appropriate, as authorized by Section 15, Article VIII, Ohio 9,929
Constitution, a reasonable royalty or portion of the income or 9,930
profits arising out of the developments, discoveries, or 9,931
inventions, including patents or copyrights which result in whole 9,932
or in part from coal research and development projects conducted 9,933
under any such contract or agreement, in such amounts and for 9,934
such period of years as may be negotiated and provided by the 9,935
contract or agreement in advance of the making of the grant, 9,936
loan, or loan guarantee. Moneys so received by the director of 9,937
the office shall be credited to the coal research and development 9,938
bond service fund created in section 1555.08 of the Revised Code. 9,939
(E) Employ managers, superintendents, and other employees 9,941
and retain or contract with consulting engineers, financial 9,942
consultants, accounting experts, architects, and such other 9,943
consultants and independent contractors as are necessary in his 9,944
THE judgment OF THE DIRECTOR OF THE OFFICE to carry out this 9,946
chapter, and fix the compensation thereof. 9,948
(F) Receive and accept from any federal agency, subject to 9,950
the approval of the governor, grants for or in aid of the 9,951
construction or operation of any coal research and development 9,952
project or for coal research and development, and receive and 9,953
accept aid or contributions from any source of money, property, 9,954
labor, or other things of value, to be held, used, and applied 9,955
only for the purposes for which such grants and contributions are 9,956
made. 9,957
(G) Purchase fire and extended coverage and liability 9,959
insurance for any coal research and development project, 9,960
insurance protecting the office and its officers and employees 9,961
against liability for damage to property or injury to or death of 9,962
persons arising from its operations, and any other insurance the 9,963
director of the office determines necessary or proper under this 9,964
chapter. Any moneys received by the director from the proceeds 9,965
of any such insurance with respect to a coal research and 9,966
219
development project and any moneys received by the director from 9,967
the proceeds of any settlement, judgment, foreclosure, or other 9,968
insurance with respect to a coal research and development project 9,969
or facility shall be credited to the coal research and 9,970
development bond service fund. 9,971
(H) In the exercise of his THE powers OF THE DIRECTOR OF 9,973
THE OFFICE under this chapter, call to his THE DIRECTOR'S 9,975
assistance, temporarily, from time to time, any engineers, 9,976
technical experts, financial experts, and other employees in any 9,977
state department, agency, or commission, or in the Ohio state 9,978
university, or other educational institutions financed wholly or 9,979
partially by the state for purposes of assisting the director of 9,980
the office with reviewing and evaluating applications for 9,981
financial assistance under this chapter, monitoring performance 9,982
of coal research and development projects receiving financial 9,983
assistance under this chapter, and reviewing and evaluating the 9,984
progress and findings of those projects. Such engineers, 9,985
experts, and employees shall not receive any additional 9,986
compensation over that which they receive from the department, 9,987
agency, commission, or educational institution by which they are 9,988
employed, but they shall be reimbursed for their actual and 9,989
necessary expenses incurred while working under the direction of 9,990
the director. 9,991
(I) Do all acts necessary or proper to carry out the 9,993
powers expressly granted in this chapter. 9,994
Sec. 1555.05. (A) Subject to any limitations as to 10,003
aggregate amounts thereof that may from time to time be 10,004
prescribed by the general assembly and to other applicable 10,005
provisions of this chapter, and subject to the one hundred 10,006
million dollar limitation provided in Section 15 of Article VIII, 10,007
Ohio Constitution, the director of the Ohio coal development 10,008
office may, on behalf of the state, with the advice of the 10,009
technical advisory committee created in section 1551.35 of the 10,010
Revised Code and the approval of the director of development, 10,011
220
enter into contracts to guarantee the repayment or payment of the 10,012
unpaid principal amount of loans made to pay the costs of coal 10,013
research and development projects. 10,014
(B) The contract of guarantee may make provision for the 10,016
conditions of, time for, and manner of fulfillment of the 10,017
guarantee commitment, subrogation of the state to the rights of 10,018
the parties guaranteed and exercise of such parties' rights by 10,019
the state, giving the state the option of making payment of the 10,020
principal amount guaranteed in one or more installments and, if 10,021
deferred, to pay interest thereon from the source specified in 10,022
division (A) of this section, and any other terms or conditions 10,023
customary to such guarantees and as the director of the office 10,024
may approve, and may contain provisions for securing the 10,025
guarantee in the manner consistent with this section, covenants 10,026
on behalf of the state to issue obligations under section 1555.08 10,027
of the Revised Code to provide moneys to fulfill such guarantees 10,028
and covenants, and covenants restricting the aggregate amount of 10,029
guarantees that may be contracted under this section and 10,030
obligations that may be issued under section 1555.08 151.07 of 10,031
the Revised Code, and terms pertinent to either, to better secure 10,033
the parties guaranteed. 10,034
(C) The director of the office may fix service charges for 10,036
making a guarantee. Such charges shall be payable at such times 10,037
and place and in such amounts and manner as may be prescribed by 10,038
the director. Moneys received from such charges shall be 10,039
credited to the coal research and development bond service fund. 10,040
(D) Any guaranteed parties under this section, except to 10,042
the extent that their rights are restricted by the guarantee 10,043
documents, may by any suitable form of legal proceedings, protect 10,044
and enforce any rights under the laws of this state or granted by 10,045
such guarantee or guarantee documents. Such rights include the 10,046
right to compel the performance of all duties of the office 10,047
required by this section or the guarantee or guarantee documents; 10,048
and in the event of default with respect to the payment of any 10,049
221
guarantees, to apply to a court having jurisdiction of the cause 10,050
to appoint a receiver to receive and administer the moneys 10,051
pledged to such guarantee with full power to pay, and to provide 10,052
for payment of, such guarantee, and with such powers, subject to 10,053
the direction of the court, as are accorded receivers in general 10,054
equity cases, excluding any power to pledge or apply additional 10,055
revenues or receipts or other income or moneys of the state. Each 10,057
duty of the office and its director and employees required or 10,058
undertaken under this section or a guarantee made under this
section is hereby established as a duty of the office and of its 10,059
director and each such employee having authority to perform such 10,060
duty, specifically enjoined by the law resulting from an office, 10,061
trust, or station within the meaning of section 2731.01 of the 10,062
Revised Code. The persons who are at the time the director of 10,063
the office, or its employees, are not liable in their personal 10,064
capacities on any guarantees or contracts to make guarantees by 10,065
the director. 10,066
Sec. 1555.08. (A) Subject to the limitations provided in 10,075
Section 15 of Article VIII, Ohio Constitution, the commissioners 10,076
of the sinking fund, upon certification by the director of the 10,077
Ohio coal development office of the amount of moneys or 10,078
additional moneys needed in the coal research and development 10,079
fund for the purpose of making grants or loans for allowable 10,080
costs, or needed for capitalized interest, for funding reserves, 10,081
and for paying costs and expenses incurred in connection with the 10,082
issuance, carrying, securing, paying, redeeming, or retirement of 10,083
the obligations or any obligations refunded thereby, including 10,084
payment of costs and expenses relating to letters of credit, 10,085
lines of credit, insurance, put agreements, standby purchase 10,086
agreements, indexing, marketing, remarketing and administrative 10,087
arrangements, interest swap or hedging agreements, and any other 10,088
credit enhancement, liquidity, remarketing, renewal, or refunding 10,089
arrangements, all of which are authorized by this section, or 10,090
providing moneys for loan guarantees, shall issue obligations of 10,091
222
the state under this section in amounts authorized by the general 10,092
assembly; provided that such obligations may be issued to the 10,093
extent necessary to satisfy the covenants in contracts of 10,094
guarantee made under section 1555.05 of the Revised Code to issue 10,095
obligations to meet such guarantees, notwithstanding limitations 10,096
otherwise applicable to the issuance of obligations under this 10,097
section except the one-hundred-million-dollar limitation provided 10,098
in Section 15 of Article VIII, Ohio Constitution. The proceeds 10,099
of such obligations, except for the portion to be deposited in 10,100
the coal research and development bond service fund as may be 10,101
provided in the bond proceedings, shall as provided in the bond 10,102
proceedings be deposited in the coal research and development 10,103
fund. The commissioners of the sinking fund may appoint 10,104
trustees, paying agents, and transfer agents and may retain the 10,105
services of financial advisors, accounting experts, and 10,106
attorneys, and retain or contract for the services of marketing, 10,107
remarketing, indexing, and administrative agents, other 10,108
consultants, and independent contractors, including printing 10,109
services, as are necessary in their judgment to carry out this 10,110
section. 10,111
(B) The full faith and credit of the state of Ohio is 10,113
hereby pledged to obligations issued under this section except as 10,114
otherwise provided in section 1555.12 of the Revised Code. The 10,115
right of the holders and owners to payment of bond service 10,116
charges is limited to all or that portion of the moneys pledged 10,117
thereto pursuant to the bond proceedings in accordance with this 10,118
section, and each such obligation shall bear on its face a 10,119
statement to that effect. 10,120
(C) Obligations shall be authorized by resolution of the 10,122
commissioners of the sinking fund on request of the director of 10,123
the Ohio coal development office as provided in section 1555.02 10,124
of the Revised Code and the bond proceedings shall provide for 10,125
the purpose thereof and the principal amount or amounts, and 10,126
shall provide for or authorize the manner or agency for 10,127
223
determining the principal maturity or maturities, not exceeding 10,128
forty years from the date of issuance, the interest rate or rates 10,129
or the maximum interest rate, the date of the obligations and the 10,130
dates of payment of interest thereon, their denomination, and the 10,131
establishment within or without the state of a place or places of 10,132
payment of bond service charges. Sections 9.98 to 9.983 of the 10,133
Revised Code apply to obligations issued under this section, 10,134
subject to any applicable limitation under section 1555.12 of the 10,135
Revised Code. The purpose of such obligations may be stated in 10,136
the bond proceedings in terms describing the general purpose or 10,137
purposes to be served. The bond proceedings shall also provide, 10,138
subject to the provisions of any other applicable bond 10,139
proceedings, for the pledge of all, or such part as the 10,140
commissioners of the sinking fund may determine, of the moneys 10,141
credited to the coal research and development bond service fund 10,142
to the payment of bond service charges, which pledges may be made 10,143
either prior or subordinate to other expenses, claims, or 10,144
payments and may be made to secure the obligations on a parity 10,145
with obligations theretofore or thereafter issued, if and to the 10,146
extent provided in the bond proceedings. The moneys so pledged 10,147
and thereafter received by the state are immediately subject to 10,148
the lien of such pledge without any physical delivery thereof or 10,149
further act, and the lien of any such pledges is valid and 10,150
binding against all parties having claims of any kind against the 10,151
state or any governmental agency of the state, irrespective of 10,152
whether such parties have notice thereof, and shall create a 10,153
perfected security interest for all purposes of Chapter 1309. of 10,154
the Revised Code, without the necessity for separation or 10,155
delivery of funds or for the filing or recording of the bond 10,156
proceedings by which such pledge is created or any certificate, 10,157
statement or other document with respect thereto; and the pledge 10,158
of such moneys is effective and the money therefrom and thereof 10,159
may be applied to the purposes for which pledged without 10,160
necessity for any act of appropriation. Every pledge, and every 10,161
224
covenant and agreement made with respect thereto, made in the 10,162
bond proceedings may therein be extended to the benefit of the 10,163
owners and holders of obligations authorized by this section, and 10,164
to any trustee therefor, for the further security of the payment 10,165
of the bond service charges. 10,166
(D) The bond proceedings may contain additional provisions 10,168
as to: 10,169
(1) The redemption of obligations prior to maturity at the 10,171
option of the commissioners of the sinking fund at such price or 10,172
prices and under such terms and conditions as are provided in the 10,173
bond proceedings; 10,174
(2) Other terms of the obligations; 10,176
(3) Limitations on the issuance of additional obligations; 10,178
(4) The terms of any trust agreement or indenture securing 10,180
the obligations or under which the obligations may be issued; 10,181
(5) The deposit, investment, and application of the coal 10,183
research and development bond service fund, and the safeguarding 10,184
of moneys on hand or on deposit, without regard to Chapter 131. 10,185
or 135. of the Revised Code, but subject to any special 10,186
provisions of this chapter, with respect to particular moneys; 10,187
provided, that any bank or trust company which acts as depository 10,188
of any moneys in the fund may furnish such indemnifying bonds or 10,189
may pledge such securities as required by the commissioners of 10,190
the sinking fund; 10,191
(6) Any other provision of the bond proceedings being 10,193
binding upon the commissioners of the sinking fund, or such other 10,194
body or person as may from time to time have the authority under 10,195
law to take such actions as may be necessary to perform all or 10,196
any part of the duty required by such provision; 10,197
(7) Any provision which may be made in a trust agreement 10,199
or indenture; 10,200
(8) Any other or additional agreements with the holders of 10,202
the obligations, or the trustee therefor, relating to the 10,203
obligations or the security therefor, including the assignment of 10,204
225
mortgages or other security obtained or to be obtained for loans 10,205
under this chapter. 10,206
(E) The obligations may have the great seal of the state 10,208
or a facsimile thereof affixed thereto or printed thereon. The 10,209
obligations shall be signed by such members of the commissioners 10,210
of the sinking fund as are designated in the resolution 10,211
authorizing the obligations or bear the facsimile signatures of 10,212
such members. Any coupons attached to the obligations shall bear 10,213
the facsimile signature of the treasurer of state. Any 10,214
obligations may be executed by the persons who, on the date of 10,215
execution, are the commissioners although on the date of such 10,216
bonds the persons were not the commissioners. Any coupons may be 10,217
executed by the person who, on the date of execution, is the 10,218
treasurer of state although on the date of such coupons the 10,219
person was not the treasurer of state. In case any officer or 10,220
commissioner whose signature or a facsimile of whose signature 10,221
appears on any such obligations or any coupons ceases to be such 10,222
officer or commissioner before delivery thereof, such signature 10,223
or facsimile is nevertheless valid and sufficient for all 10,224
purposes as if the individual had remained such officer or 10,225
commissioner until such delivery; and in case the seal to be 10,227
affixed to obligations has been changed after a facsimile of the 10,228
seal has been imprinted on such obligations, such facsimile seal 10,229
shall continue to be sufficient as to such obligations and 10,230
obligations issued in substitution or exchange therefor. 10,231
(F) All obligations except loan guarantees are negotiable 10,233
instruments and securities under Chapter 1308. of the Revised 10,234
Code, subject to the provisions of the bond proceedings as to 10,235
registration. The obligations may be issued in coupon or in 10,236
registered form, or both, as the commissioners of the sinking 10,237
fund determine. Provision may be made for the registration of 10,238
any obligations with coupons attached thereto as to principal 10,239
alone or as to both principal and interest, their exchange for 10,240
obligations so registered, and for the conversion or reconversion 10,241
226
into obligations with coupons attached thereto of any obligations 10,242
registered as to both principal and interest, and for reasonable 10,243
charges for such registration, exchange, conversion, and 10,244
reconversion. 10,245
(G) Obligations may be sold at public sale or at private 10,247
sale, as determined in the bond proceedings. 10,248
(H) Pending preparation of definitive obligations, the 10,250
commissioners of the sinking fund may issue interim receipts or 10,251
certificates which shall be exchanged for such definitive 10,252
obligations. 10,253
(I) In the discretion of the commissioners of the sinking 10,255
fund, obligations may be secured additionally by a trust 10,256
agreement or indenture between the commissioners and a corporate 10,257
trustee, which may be any trust company or bank having its 10,258
principal place of business within the state. Any such agreement 10,259
or indenture may contain the resolution authorizing the issuance 10,260
of the obligations, any provisions that may be contained in any 10,261
bond proceedings, and other provisions that are customary or 10,262
appropriate in an agreement or indenture of such type, including, 10,263
but not limited to: 10,264
(1) Maintenance of each pledge, trust agreement, 10,266
indenture, or other instrument comprising part of the bond 10,267
proceedings until the state has fully paid the bond service 10,268
charges on the obligations secured thereby, or provision therefor 10,269
has been made; 10,270
(2) In the event of default in any payments required to be 10,272
made by the bond proceedings, or any other agreement of the 10,273
commissioners of the sinking fund made as a part of the contract 10,274
under which the obligations were issued, enforcement of such 10,275
payments or agreement by mandamus, the appointment of a receiver, 10,276
suit in equity, action at law, or any combination of the 10,277
foregoing; 10,278
(3) The rights and remedies of the holders of obligations 10,280
and of the trustee, and provisions for protecting and enforcing 10,281
227
them, including limitations on rights of individual holders of 10,282
obligations; 10,283
(4) The replacement of any obligations that become 10,285
mutilated or are destroyed, lost, or stolen; 10,286
(5) Such other provisions as the trustee and the 10,288
commissioners of the sinking fund agree upon, including 10,289
limitations, conditions, or qualifications relating to any of the 10,290
foregoing. 10,291
(J) Any holder of obligations or a trustee under the bond 10,293
proceedings, except to the extent that the holder's rights are 10,295
restricted by the bond proceedings, may by any suitable form of
legal proceedings protect and enforce any rights under the laws 10,296
of this state or granted by such bond proceedings. Such rights 10,297
include the right to compel the performance of all duties of the 10,298
commissioners of the sinking fund, the director of development or 10,299
the Ohio coal development office required by this chapter and 10,300
Chapter 1551. of the Revised Code or the bond proceedings; to 10,301
enjoin unlawful activities; and in the event of default with 10,302
respect to the payment of any bond service charges on any 10,303
obligations or in the performance of any covenant or agreement on 10,304
the part of the commissioners, the director, or the office in the 10,305
bond proceedings, to apply to a court having jurisdiction of the 10,306
cause to appoint a receiver to receive and administer the moneys 10,307
pledged, other than those in the custody of the treasurer of 10,308
state, that are pledged to the payment of the bond service 10,309
charges on such obligations or that are the subject of the 10,310
covenant or agreement, with full power to pay, and to provide for 10,311
payment of bond service charges on, such obligations, and with 10,312
such powers, subject to the direction of the court, as are 10,313
accorded receivers in general equity cases, excluding any power 10,314
to pledge additional revenues or receipts or other income or 10,315
moneys of the commissioners of the sinking fund or the state or 10,316
governmental agencies of the state to the payment of such 10,317
principal and interest and excluding the power to take possession 10,318
228
of, mortgage, or cause the sale or otherwise dispose of any 10,319
project. 10,320
Each duty of the commissioners of the sinking fund and 10,322
their employees, and of each governmental agency and its 10,323
officers, members, or employees, undertaken pursuant to the bond 10,324
proceedings or any grant, loan, or loan guarantee agreement made 10,325
under authority of this chapter, and in every agreement by or 10,326
with the commissioners, is hereby established as a duty of the 10,327
commissioners, and of each such officer, member, or employee 10,328
having authority to perform such duty, specifically enjoined by 10,329
the law resulting from an office, trust, or station within the 10,330
meaning of section 2731.01 of the Revised Code. 10,331
The persons who are at the time the commissioners of the 10,333
sinking fund, or their employees, are not liable in their 10,334
personal capacities on any obligations issued by the 10,335
commissioners or any agreements of or with the commissioners. 10,336
(K) The commissioners of the sinking fund may authorize 10,338
and issue obligations for the refunding, including funding and 10,339
retirement, and advance refunding with or without payment or 10,340
redemption prior to maturity, of any obligations previously 10,341
issued by the commissioners. Such obligations may be issued in 10,342
amounts sufficient for payment of the principal amount of the 10,343
prior obligations, any redemption premiums thereon, principal 10,344
maturities of any such obligations maturing prior to the 10,345
redemption of the remaining obligations on a parity therewith, 10,346
interest accrued or to accrue to the maturity dates or dates of 10,347
redemption of such obligations, and any allowable costs including 10,348
expenses incurred or to be incurred in connection with such 10,349
issuance and such refunding, funding, and retirement. Subject to 10,350
the bond proceedings therefor, the portion of proceeds of the 10,351
sale of obligations issued under this division to be applied to 10,352
bond service charges on the prior obligations shall be credited 10,353
to an appropriate account held by the trustee for such prior or 10,354
new obligations or to the appropriate account in the coal 10,355
229
research and development bond service fund for such obligations. 10,356
Obligations authorized under this division are deemed to be 10,357
issued for those purposes for which such prior obligations were 10,358
issued and are subject to the provisions of this section 10,359
pertaining to other obligations, except as otherwise provided in 10,360
this section; provided that, unless otherwise authorized by the 10,361
general assembly, any limitations imposed by the general assembly 10,362
pursuant to this section with respect to bond service charges 10,363
applicable to the prior obligations applies to the obligations 10,364
issued under this division to refund, fund, advance refund, or 10,365
retire such prior obligations. 10,366
(L) The authority to issue obligations under this section 10,368
includes authority to issue obligations in the form of bond 10,369
anticipation notes and to renew the notes from time to time by 10,370
the issuance of new notes. The holders of such notes or interest 10,371
coupons pertaining thereto shall have a right to be paid solely 10,372
from the moneys that may be pledged to the payment of the bonds 10,373
anticipated, or from the proceeds of such bonds or renewal notes, 10,374
or both, as the commissioners of the sinking fund provide in any 10,375
resolution authorizing such notes. Such notes may be 10,376
additionally secured by covenants of the commissioners to the 10,377
effect that they and the state will do such or all things 10,378
necessary for the issuance of such bonds or renewal notes in 10,379
appropriate amount, and apply the proceeds thereof to the extent 10,380
necessary, to make full payment of the principal of and interest 10,381
on such notes at the time or times contemplated, as provided in 10,382
such resolution. For such purpose, the commissioners may issue 10,383
bonds or renewal notes in such principal amount and upon such 10,384
terms as may be necessary to provide funds to pay when required 10,385
the principal of and interest on such notes, notwithstanding any 10,386
limitations prescribed by or for purposes of this section except 10,387
the one-hundred-million-dollar limitation provided in Section 15 10,388
of Article VIII, Ohio Constitution. Subject to this division, 10,389
all provisions for and references to obligations in this section 10,390
230
apply to notes authorized under this division. 10,391
The commissioners of the sinking fund in the bond 10,393
proceedings authorizing the issuance of bond anticipation notes 10,394
shall set forth for such bonds an estimated interest rate and a 10,395
schedule of principal payments for such bonds and the annual 10,396
maturity dates thereof. 10,397
(M) Obligations issued under this section are lawful 10,399
investments for banks, societies for savings, savings and loan 10,400
associations, deposit guarantee associations, trust companies, 10,401
trustees, fiduciaries, insurance companies, including domestic 10,402
for life and domestic not for life, trustees or other officers 10,403
having charge of sinking and bond retirement or other special 10,404
funds of political subdivisions and taxing districts of this 10,405
state, the commissioners of the sinking fund of the state, the 10,406
administrator of workers' compensation, the state teachers 10,407
retirement system, the public employees retirement system, the 10,408
school employees retirement system, and the Ohio police and fire 10,410
pension fund, notwithstanding any other provisions of the Revised 10,412
Code or rules adopted pursuant thereto by any governmental agency 10,413
of the state with respect to investments by them, and are also 10,414
acceptable as security for the deposit of public moneys. 10,415
(N)(L) If the law or the instrument creating a trust 10,417
pursuant to division (I) of this section expressly permits 10,418
investment in direct obligations of the United States or an 10,419
agency of the United States, unless expressly prohibited by the 10,421
instrument, such moneys also may be invested in no-front-end-load 10,422
money market mutual funds consisting exclusively of obligations 10,423
of the United States or an agency of the United States and in 10,424
repurchase agreements, including those issued by the fiduciary 10,426
itself, secured by obligations of the United States or an agency 10,427
of the United States; and in collective investment funds 10,428
established in accordance with section 1111.14 of the Revised 10,430
Code and consisting exclusively of any such securities, 10,431
notwithstanding division (A)(1)(c) of that section. The income 10,433
231
from such investments shall be credited to such funds as the 10,434
commissioners of the sinking fund determine, and such investments 10,435
may be sold at such times as the commissioners determine or 10,436
authorize. 10,437
(O)(M) Provision may be made in the applicable bond 10,439
proceedings for the establishment of separate accounts in the 10,440
bond service fund and for the application of such accounts only 10,441
to the specified bond service charges on obligations pertinent to 10,442
such accounts and bond service fund and for other accounts 10,443
therein within the general purposes of such fund. Moneys to the 10,444
credit of the bond service fund shall be disbursed on the order 10,445
of the treasurer of state; provided, that no such order is 10,446
required for the payment from the bond service fund when due of 10,447
bond service charges on obligations. 10,448
(P)(N) The commissioners of the sinking fund may pledge 10,450
all, or such portion as they determine, of the receipts of the 10,451
bond service fund to the payment of bond service charges on 10,452
obligations issued under this section, and for the establishment 10,453
and maintenance of any reserves, as provided in the bond 10,454
proceedings, and make other provisions therein with respect to 10,455
pledged receipts as authorized by this chapter, which provisions 10,456
control notwithstanding any other provisions of law pertaining 10,457
thereto. 10,458
(Q)(O) The commissioners of the sinking fund may covenant 10,460
in the bond proceedings, and any such covenants control 10,461
notwithstanding any other provision of law, that the state and 10,462
applicable officers and governmental agencies of the state, 10,463
including the general assembly, so long as any obligations are 10,465
outstanding, shall:
(1) Maintain statutory authority for and cause to be 10,467
levied and collected taxes so that the pledged receipts are 10,468
sufficient in amount to meet bond service charges, and the 10,469
establishment and maintenance of any reserves and other 10,470
requirements provided for in the bond proceedings, and, as 10,471
232
necessary, to meet covenants contained in any loan guarantees 10,472
made under this chapter; 10,473
(2) Take or permit no action, by statute or otherwise, 10,475
that would impair the exemption from federal income taxation of 10,476
the interest on the obligations. 10,477
(R) There is hereby created in the state treasury the coal 10,479
research and development bond service fund. (P) All moneys 10,480
received by or on account of the state and required by the 10,482
applicable bond proceedings, consistent with this section, to be 10,483
deposited, transferred, or credited to the COAL RESEARCH AND 10,484
DEVELOPMENT bond service fund, and all other moneys transferred 10,486
or allocated to or received for the purposes of the fund, shall 10,487
be credited to such fund and to any separate accounts therein, 10,488
subject to applicable provisions of the bond proceedings, but 10,489
without necessity for any act of appropriation. During the period 10,490
beginning with the date of the first issuance of obligations and 10,491
continuing during such time as any such obligations are 10,492
outstanding, and so long as moneys in the bond service fund are 10,493
insufficient to pay all bond service charges on such obligations 10,494
becoming due in each year, a sufficient amount of moneys of the 10,495
state except as provided in section 1555.12 of the Revised Code 10,496
are committed and shall be paid to the bond service fund in each 10,497
year for the purpose of paying the bond service charges becoming 10,498
due in that year without necessity for further act of 10,499
appropriation for such purpose. The bond service fund is a trust 10,500
fund and is hereby pledged to the payment of bond service charges 10,501
to the extent provided in the applicable bond proceedings, and 10,502
payment thereof from such fund shall be made or provided for by 10,503
the treasurer of state in accordance with such bond proceedings 10,504
without necessity for any act of appropriation. All investment 10,505
earnings of the fund shall be credited to the fund. 10,506
(S)(Q) For purposes of establishing the limitations 10,508
contained in Section 15 of Article VIII, Ohio Constitution, the 10,509
"principal amount" refers to the aggregate of the offering price 10,510
233
of the bonds or notes. "Principal amount" does not refer to the 10,511
aggregate value at maturity or redemption of the bonds or notes. 10,512
(R) THIS SECTION APPLIES ONLY WITH RESPECT TO OBLIGATIONS 10,514
ISSUED AND DELIVERED PRIOR TO SEPTEMBER 30, 2000. 10,515
Sec. 1555.15. There is hereby created in the state 10,524
treasury the coal research and development fund. Moneys obtained 10,525
for coal research and development projects from federal grants or 10,526
loans, private grants, and other sources, and moneys paid into 10,527
the fund pursuant to section 151.07 OR 1555.08 of the Revised 10,528
Code, shall be expended for the purpose of making grants and 10,530
making or guaranteeing loans for coal research and development 10,531
projects that will encourage the use of Ohio coal, to any 10,532
individual, association, or corporation doing business in this 10,533
state, or to any educational or scientific institution located in 10,534
this state as provided for in Section 15 of Article VIII, Ohio 10,535
Constitution and section 1555.08 of the Revised Code, when 10,536
appropriated for such purposes by the general assembly. 10,537
The director of budget and management shall establish and 10,539
maintain records or accounts for or within the coal research and 10,540
development fund in such manner as to show the amounts credited 10,541
to such fund pursuant to section 1555.08 of the Revised Code and 10,542
that the amounts so credited have been expended for the purposes 10,543
set forth in Section 15 of Article VIII, Ohio Constitution, and 10,544
section 1555.02 151.07 of the Revised Code. The director of 10,545
budget and management may otherwise manage the fund to comply 10,547
with any requirements established by federal grants or loans, 10,548
private grants, or moneys from other sources. 10,549
Sec. 1557.01. As used in this chapter: 10,558
(A) "Bond proceedings" means the resolutions, trust 10,560
agreements, and other agreements, credit enhancement facilities, 10,561
and amendments and supplements to the foregoing, or any one or 10,562
more or combination thereof, authorizing, awarding, or providing 10,563
for the terms and conditions applicable to or providing for the 10,564
security or liquidity of obligations, and the provisions 10,565
234
contained in those obligations. 10,566
(B) "Debt charges" means principal, including any 10,568
mandatory sinking fund or redemption requirements for retirement 10,569
of obligations, interest and other accreted amounts, and any 10,570
redemption premium payable on obligations. 10,571
(C) "Bond service fund" means the fund, and any accounts 10,573
in that fund, created by FORMER section 1557.04 of the Revised 10,574
Code, including all moneys and investments, and earnings from 10,575
investments, credited and to be credited to that fund and 10,576
accounts as and to the extent provided in the bond proceedings. 10,577
(D) "Commissioners" or "commissioners of the sinking fund" 10,579
means the board of commissioners of the sinking fund under 10,580
Section 8 of Article VIII, Ohio Constitution, and section 129.01 10,581
of the Revised Code. 10,582
(E) "Costs of projects" means the costs of acquiring, 10,584
constructing, reconstructing, rehabilitating, remodeling, 10,585
renovating, enlarging, improving, equipping, or furnishing 10,586
projects, and the financing thereof, including the cost of 10,587
clearance and preparation of the site and of any land to be used 10,588
in connection with projects, the cost of any indemnity and surety 10,589
bonds and premiums on insurance, all related direct 10,590
administrative expenses and allocable portions of direct costs of 10,591
the commissioners and department of natural resources, cost of 10,592
engineering and architectural services, designs, plans, 10,593
specifications, surveys, and estimates of cost, legal fees, fees 10,594
and expenses of trustees, depositories, and paying agents for the 10,595
obligations, cost of issuance of the obligations and financing 10,596
charges and fees and expenses of financial advisers and 10,597
consultants in connection therewith, interest on obligations from 10,598
the date thereof to the time when interest is to be covered from 10,599
sources other than proceeds of obligations, amounts necessary to 10,600
establish reserves as required by the bond proceedings, costs of 10,601
audits, the reimbursement of all moneys advanced or applied by or 10,602
borrowed from any governmental agency, whether to or by the 10,603
235
commissioners or others, from whatever source provided, for the 10,604
payment of any item or items of cost of the projects, and all 10,605
other expenses necessary or incident to planning or determining 10,606
feasibility or practicability with respect to projects, and such 10,607
other expenses as may be necessary or incident to the 10,608
acquisition, construction, reconstruction, rehabilitation, 10,609
remodeling, renovation, enlargement, improvement, equipment, and 10,610
furnishing of projects, the financing thereof and the placing of 10,611
the same in use and operation, including any one, part of, or 10,612
combination of such classes of costs and expenses. 10,613
(F) "Credit enhancement facilities" has the meaning given 10,615
in division (A) of section 133.01 of the Revised Code. 10,616
(G) "Financing costs" has the meaning given in division 10,618
(K) of section 133.01 of the Revised Code. 10,619
(H) "Interest" or "interest equivalent" has the meaning 10,621
given in division (R) of section 133.01 of the Revised Code. 10,622
(I) "Local government entities" means any county, 10,624
municipal corporation, township, metropolitan or township park 10,625
district, soil and water conservation district, conservancy 10,626
district, or joint recreation district. 10,627
(J) "Net proceeds" means amounts received from the sale of 10,629
obligations pursuant to this chapter, excluding amounts used to 10,630
refund or retire outstanding obligations, and does not include 10,631
amounts required to be deposited in special funds pursuant to the 10,632
applicable bond proceedings, or financing costs paid from such 10,633
amounts received. 10,634
(K) "Obligations" means bonds, notes, or other evidences 10,636
of obligation of the state, including any interest coupons 10,637
pertaining thereto, issued pursuant to sections 1557.03 to 10,638
1557.05 CHAPTER 1557. of the Revised Code. 10,639
(L) "Principal amount" refers to the aggregate of the 10,641
amount as stated or provided for in the bond proceedings 10,642
authorizing the obligations as the amount on which interest or 10,643
interest equivalent is initially calculated, and does not include 10,644
236
any premium paid by the initial purchaser of the obligations. 10,645
(M) "Project" means any capital improvements for state and 10,647
local parks and land and water recreation facilities; soil and 10,648
water restoration and protection; land management including 10,649
preservation of natural areas and reforestation; water management 10,650
including dam safety, stream and lake management, and flood 10,651
control and flood damage reduction; fish and wildlife resource 10,652
management; and any other improvements that enhance the use and 10,653
enjoyment of natural resources by individuals. 10,654
(N) "Special funds" or "funds" means, except where the 10,656
context does not permit, the bond service fund, and any other 10,657
funds, including reserve funds, created under the bond 10,658
proceedings and stated to be special funds in those proceedings, 10,659
including all moneys and investments, and earnings from 10,660
investments, credited and to be credited to the particular fund. 10,661
Special funds do not include the Ohio parks and natural resources 10,662
fund created by section 1557.02 of the Revised Code or other 10,663
funds created by the bond proceedings that are not stated by 10,664
those proceedings to be special funds. 10,665
Sec. 1557.02. The Ohio parks and natural resources fund is 10,674
hereby created in the state treasury. The fund shall consist of 10,675
the proceeds of obligations issued pursuant to sections 1557.03 10,676
to 1557.05 CHAPTER 1557. of the Revised Code BEFORE SEPTEMBER 30, 10,678
2000, AND PURSUANT TO SECTIONS 151.01 AND 151.05 OF THE REVISED 10,679
CODE, except for amounts deposited in special funds, or in escrow 10,681
funds for the purpose of refunding outstanding obligations. 10,682
Moneys to the credit of this fund may be expended to pay costs of 10,683
projects. THE STATE MAY PARTICIPATE BY GRANTS OR CONTRIBUTIONS 10,684
IN FINANCING PROJECTS OF LOCAL GOVERNMENT ENTITIES. All 10,685
investment earnings of the fund shall be credited to the fund. 10,686
Sec. 1557.03. (A)(1) The commissioners of the sinking 10,695
fund are authorized to issue and sell, as provided in this 10,696
section and in amounts from time to time authorized by the 10,697
general assembly, general obligations of this state for the 10,698
237
purpose of financing or assisting in the financing of the costs 10,699
of projects. The full faith and credit, revenues, and taxing 10,700
power of the state are and shall be pledged to the timely payment 10,701
of debt charges on outstanding obligations, all in accordance 10,702
with Section 2l of Article VIII, Ohio Constitution, and sections 10,703
1557.03 to 1557.05 CHAPTER 1557. of the Revised Code, excluding 10,705
from that pledge fees, excises, or taxes relating to the 10,706
registration, operation, or use of vehicles on the public 10,707
highways, or to fuels used for propelling those vehicles, and so 10,708
long as such obligations are outstanding there shall be levied 10,709
and collected excises and taxes, excluding those excepted above, 10,710
in amount sufficient to pay the debt charges on such obligations 10,711
and financing costs relating to credit enhancement facilities. 10,712
(2) For meetings of the commissioners of the sinking fund 10,714
pertaining to the obligations under this chapter, each of the 10,715
commissioners may designate an employee or officer of that 10,716
commissioner's office to attend meetings when that commissioner 10,717
is absent for any reason, and such designee, when present, shall 10,718
be counted in determining whether a quorum is present at any 10,719
meeting and may vote and participate in all proceedings and 10,720
actions of the commissioners at that meeting pertaining to the 10,721
obligations, provided, that such designee shall not execute or 10,722
cause a facsimile of the designee's signature to be placed on any 10,724
obligation, or execute any trust agreement or indenture of the 10,725
commissioners. Such designation shall be in writing, executed by 10,726
the designating member, and shall be filed with the secretary of 10,727
the commissioners and such designation may be changed from time 10,728
to time by a similar written designation. 10,729
(B) The total principal amount of obligations outstanding 10,731
at any one time shall not exceed two hundred million dollars, and 10,732
not more than fifty million dollars in principal amount of 10,733
obligations to pay costs of projects may be issued in any fiscal 10,734
year, all determined as provided in sections 1557.03 to 1557.05 10,736
CHAPTER 1557. of the Revised Code.
238
(C) The state may participate by grants or contributions 10,738
in financing projects under this section made by local government 10,739
entities. Of the proceeds of the first two hundred million 10,740
dollars principal amount in obligations issued under this section 10,741
to pay costs of projects, at least twenty per cent shall be 10,742
allocated in accordance with section 1557.06 of the Revised Code 10,743
to grants or contributions to local government entities. The 10,744
director of budget and management shall establish and maintain 10,745
records in such manner as to show that the proceeds credited to 10,746
the Ohio parks and natural resources fund have been expended for 10,747
the purposes and in accordance with the limitations set forth 10,748
herein. 10,749
(D) Each issue of obligations shall be authorized by 10,751
resolution of the commissioners of the sinking fund. The bond 10,752
proceedings shall provide for the principal amount or maximum 10,753
principal amount of obligations of an issue, and shall provide 10,754
for or authorize the manner or agency for determining the 10,755
principal maturity or maturities, not exceeding the earlier of 10,756
twenty-five years from the date the debt represented by the 10,757
particular obligations was originally contracted, the interest 10,758
rate or rates, the date of and the dates of payment of interest 10,759
on the obligations, their denominations, and the establishment 10,760
within or without the state of a place or places of payment of 10,761
debt charges. Sections 9.96 and 9.98 to 9.983 of the Revised 10,762
Code are applicable to the obligations. The purpose of the 10,763
obligations may be stated in the bond proceedings as "financing 10,764
or assisting in the financing of projects as provided in Section 10,765
2l of Article VIII, Ohio Constitution." 10,766
(E) The proceeds of the obligations, except for any 10,768
portion to be deposited in special funds, or in escrow funds for 10,769
the purpose of refunding outstanding obligations, all as may be 10,770
provided in the bond proceedings, shall be deposited in the Ohio 10,771
parks and natural resources fund established by section 1557.02 10,772
of the Revised Code. 10,773
239
(F) The commissioners of the sinking fund may appoint 10,775
paying agents, bond registrars, securities depositories, and 10,776
transfer agents, and may retain the services of financial 10,777
advisers and accounting experts, and retain or contract for the 10,778
services of marketing, remarketing, indexing, and administrative 10,779
agents, other consultants, and independent contractors, including 10,780
printing services, as are necessary in the judgment of the 10,781
commissioners to carry out sections 1557.01 to 1557.05 THIS 10,782
CHAPTER of the Revised Code. Financing costs are payable, as 10,784
provided in the bond proceedings, from the proceeds of the 10,785
obligations, from special funds, or from other moneys available 10,786
for the purpose.
(G) The bond proceedings, including any trust agreement, 10,788
may contain additional provisions customary or appropriate to the 10,789
financing or to the obligations or to particular obligations, 10,790
including, but not limited to: 10,791
(1) The redemption of obligations prior to maturity at the 10,793
option of the state or of the holder or upon the occurrence of 10,794
certain conditions at such price or prices and under such terms 10,795
and conditions as are provided in the bond proceedings; 10,796
(2) The form of and other terms of the obligations; 10,798
(3) The establishment, deposit, investment, and 10,800
application of special funds, and the safeguarding of moneys on 10,801
hand or on deposit, without regard to Chapter 131. or 135. of the 10,802
Revised Code, provided that any bank or trust company that acts 10,803
as a depository of any moneys in special funds may furnish such 10,804
indemnifying bonds or may pledge such securities as required by 10,805
the commissioners of the sinking fund; 10,806
(4) Any or every provision of the bond proceedings binding 10,808
upon the commissioners of the sinking fund and such state agency 10,809
or local government entities, officer, board, commission, 10,810
authority, agency, department, or other person or body as may 10,811
from time to time have the authority under law to take such 10,812
actions as may be necessary to perform all or any part of the 10,813
240
duty required by such provision; 10,814
(5) The maintenance of each pledge, any trust agreement, 10,816
or other instrument composing part of the bond proceedings until 10,817
the state has fully paid or provided for the payment of the debt 10,818
charges on the obligations or met other stated conditions; 10,819
(6) In the event of default in any payments required to be 10,821
made by the bond proceedings, or any other agreement of the 10,822
commissioners of the sinking fund made as part of a contract 10,823
under which the obligations were issued or secured, the 10,824
enforcement of such payments or agreements by mandamus, suit in 10,825
equity, action at law, or any combination of the foregoing; 10,826
(7) The rights and remedies of the holders of obligations 10,828
and of the trustee under any trust agreement, and provisions for 10,829
protecting and enforcing them, including limitations on rights of 10,830
individual holders of obligations; 10,831
(8) The replacement of any obligations that become 10,833
mutilated or are destroyed, lost, or stolen; 10,834
(9) Provision for the funding, refunding, or advance 10,836
refunding or other provision for payment of obligations which 10,837
will then no longer be or be deemed to be outstanding for 10,838
purposes of this section or of the bond proceedings; 10,839
(10) Any provision that may be made in bond proceedings or 10,842
a trust agreement, including provision for amendment of the bond 10,843
proceedings;
(11) Such other provisions as the commissioners of the 10,845
sinking fund determine, including limitations, conditions, or 10,846
qualifications relating to any of the foregoing; 10,847
(12) Any other or additional agreements with the holders 10,849
of the obligations relating to the obligations or the security 10,850
for the obligations. 10,851
(H) The great seal of the state or a facsimile of that 10,853
seal may be affixed to or printed on the obligations. The 10,854
obligations shall be signed by or bear the facsimile signatures 10,855
of two or more of the commissioners of the sinking fund as 10,856
241
provided in the bond proceedings. Any obligations may be signed 10,857
by the person who, on the date of execution, is the authorized 10,858
signer although on the date of such obligations such person was 10,859
not a commissioner. In case the individual whose signature or a 10,860
facsimile of whose signature appears on any obligation ceases to 10,861
be a commissioner before delivery of the obligation, such 10,862
signature or facsimile is nevertheless valid and sufficient for 10,863
all purposes as if the individual had remained the member until 10,865
such delivery, and in case the seal to be affixed to or printed 10,866
on obligations has been changed after the seal has been affixed 10,867
to or a facsimile of the seal has been printed on the 10,868
obligations, that seal or facsimile seal shall continue to be 10,869
sufficient as to those obligations and obligations issued in 10,870
substitution or exchange therefor. 10,871
(I) Obligations may be issued in coupon or in fully 10,873
registered form, or both, as the commissioners of the sinking 10,874
fund determine. Provision may be made for the registration of 10,875
any obligations with coupons attached as to principal alone or as 10,876
to both principal and interest, their exchange for obligations so 10,877
registered, and for the conversion or reconversion into 10,878
obligations with coupons attached of any obligations registered 10,879
as to both principal and interest, and for reasonable charges for 10,880
such registration, exchange, conversion, and reconversion. 10,881
Pending preparation of definitive obligations, the commissioners 10,882
of the sinking fund may issue interim receipts or certificates 10,883
which shall be exchanged for such definitive obligations. 10,884
(J) Obligations may be sold at public sale or at private 10,886
sale, and at such price at, above, or below par, as determined by 10,887
the commissioners of the sinking fund in the bond proceedings. 10,888
(K) In the discretion of the commissioners of the sinking 10,890
fund, obligations may be secured additionally by a trust 10,891
agreement between the state and a corporate trustee which may be 10,892
any trust company or bank having its principal place of business 10,893
within the state. Any trust agreement may contain the resolution 10,894
242
authorizing the issuance of the obligations, any provisions that 10,895
may be contained in the bond proceedings, and other provisions 10,896
that are customary or appropriate in an agreement of the type. 10,897
(L) Except to the extent that their rights are restricted 10,899
by the bond proceedings, any holder of obligations, or a trustee 10,900
under the bond proceedings, may by any suitable form of legal 10,901
proceedings protect and enforce any rights under the laws of this 10,902
state or granted by the bond proceedings. Such rights include 10,903
the right to compel the performance of all duties of the 10,904
commissioners and the state. Each duty of the commissioners and 10,905
employees of the commissioners, and of each state agency and 10,906
local public entity and its officers, members, or employees, 10,907
undertaken pursuant to the bond proceedings, is hereby 10,908
established as a duty of the commissioners, and of each such 10,909
agency, local government entity, officer, member, or employee 10,910
having authority to perform such duty, specifically enjoined by 10,911
the law and resulting from an office, trust, or station within 10,912
the meaning of section 2731.01 of the Revised Code. The persons 10,913
who are at the time the commissioners, or employees of the 10,914
commissioners, are not liable in their personal capacities on any 10,915
obligations or any agreements of or with the commissioners 10,916
relating to obligations or under the bond proceedings. 10,917
(M) The commissioners of the sinking fund may authorize 10,919
and issue obligations for the refunding, including funding and 10,920
retirement, and advance refunding with or without payment or 10,921
redemption prior to maturity, of any obligations previously 10,922
issued. Such refunding obligations may be issued in amounts 10,923
sufficient to pay or to provide for payment of the principal 10,924
amount, including principal amounts maturing prior to the 10,925
redemption of the remaining obligations, any redemption premium, 10,926
and interest and other accreted amounts accrued or to accrue to 10,927
the maturity or redemption date or dates, payable on the refunded 10,928
obligations, and related financing costs and any expenses 10,929
incurred or to be incurred in connection with such issuance and 10,930
243
refunding. Subject to the bond proceedings therefor, the portion 10,931
of the proceeds of the sale of refunding obligations issued under 10,932
this division to be applied to debt charges on the prior 10,933
obligations shall be credited to an appropriate separate account 10,934
in the bond service fund and held in trust for the purpose by the 10,935
commissioners or by a corporate trustee. Obligations authorized 10,936
under this division shall be considered to be issued for those 10,937
purposes for which such prior obligations were issued, and, 10,938
except as otherwise provided in sections 1557.03 to 1557.05 of 10,939
the Revised Code pertaining to other obligations. 10,940
(N) The commissioners of the sinking fund may authorize 10,942
and issue obligations in the form of bond anticipation notes and 10,943
renew those notes from time to time by the issuance of new notes. 10,944
The holders of such notes or appertaining interest coupons have 10,945
the right to have debt charges on those notes paid solely from 10,946
the moneys and special funds that are or may be pledged to the 10,947
payment of debt charges on those notes, including the proceeds of 10,948
such bonds or renewal notes, or both, as the commissioners 10,949
provide in the bond proceedings authorizing the notes. Such 10,950
notes may be additionally secured by covenants of the 10,951
commissioners to the effect that the commissioners and the state 10,952
will do such or all things necessary for the issuance of bonds or 10,953
renewal notes in appropriate amount, and apply the proceeds 10,954
thereof to the extent necessary, to make full and timely payment 10,955
of the debt charges on such notes as provided in such bond 10,956
proceedings. For such purposes, the commissioners may issue 10,957
bonds or renewal notes in such principal amount and upon such 10,958
terms as may be necessary to provide moneys to pay when due the 10,959
debt charges on such notes. Except as otherwise provided in 10,960
sections 1557.03 to 1557.05 of the Revised Code, notes authorized 10,961
pursuant to this division are subject to sections 1557.03 to 10,962
1557.05 of the Revised Code pertaining to other obligations. 10,963
The commissioners of the sinking fund shall set forth in 10,965
the bond proceedings authorizing the issuance of bond 10,966
244
anticipation notes an estimated schedule of annual principal 10,967
payments for the bonds anticipated by such notes over a period of 10,968
not to exceed the maximum period permitted by division (D) of 10,969
this section. While the notes are outstanding there shall be 10,970
deposited, as shall be provided in the bond proceedings for those 10,971
notes, from the sources authorized for payment of debt charges on 10,972
the bonds, amounts sufficient to pay the principal of the bonds 10,973
anticipated as set forth in that estimated schedule during the 10,974
time the notes are outstanding, which amounts shall be used 10,975
solely to pay the principal of those notes or of the bonds 10,976
anticipated. 10,977
(O) Refunding or renewal obligations issued pursuant to 10,979
division (M) or (N) of this section shall not be counted against 10,980
the limitation on principal amount provided for in division (B) 10,981
of this section and shall be in addition to the amount authorized 10,982
by the general assembly as provided for in division (A) of this 10,983
section, to the extent the principal amount of those obligations 10,984
does not exceed the then outstanding principal amount of the 10,985
obligations to be refunded, renewed, or retired. 10,986
(P) Obligations are lawful investments for banks, 10,988
societies for savings, savings and loan associations, deposit 10,989
guarantee associations, trust companies, trustees, fiduciaries, 10,990
insurance companies, including domestic for life and domestic not 10,991
for life, trustees or other officers having charge of sinking and 10,992
bond retirement or other special funds of political subdivisions 10,993
and taxing districts of this state, the commissioners of the 10,994
sinking fund, the administrator of workers' compensation, the 10,995
state teachers retirement system, the public employees retirement 10,997
system, the school employees retirement system, and the Ohio 10,998
police and fire pension fund, notwithstanding any other 10,999
provisions of the Revised Code or rules adopted pursuant thereto 11,000
by any state agency with respect to investments by them, and are 11,001
also acceptable as security for the deposit of public moneys. 11,002
(Q)(N) Unless otherwise provided in any applicable bond 11,004
245
proceedings, moneys to the credit of or in the special funds 11,005
established by or pursuant to this section may be invested by or 11,006
on behalf of the commissioners of the sinking fund only in notes, 11,007
bonds, or other direct obligations of the United States or of any 11,008
agency or instrumentality of the United States, in obligations of 11,010
this state or any political subdivision of this state, in 11,011
certificates of deposit of any national bank located in this 11,012
state and any bank, as defined in section 1101.01 of the Revised 11,013
Code, subject to inspection by the superintendent of financial 11,014
institutions, in the Ohio subdivision's fund established pursuant 11,016
to section 135.45 of the Revised Code, in no-front-end-load money 11,017
market mutual funds consisting exclusively of direct obligations 11,018
of the United States or of an agency or instrumentality of the 11,019
United States, and in repurchase agreements, including those 11,021
issued by any fiduciary, secured by direct obligations of the 11,022
United States or an agency or instrumentality of the United 11,023
States, and in collective investment funds established in 11,024
accordance with section 1111.14 of the Revised Code and 11,026
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United States, 11,028
notwithstanding division (A)(1)(c) of that section. The income 11,029
from investments shall be credited to such special funds or 11,031
otherwise as the commissioners of the sinking fund determine in 11,032
the bond proceedings, and the investments may be sold or 11,033
exchanged at such times as the commissioners determine or 11,034
authorize.
(R)(O) Unless otherwise provided in any applicable bond 11,036
proceedings, moneys to the credit of or in a special fund shall 11,037
be disbursed on the order of the commissioners of the sinking 11,038
fund, provided that no such order is required for the payment 11,039
from the bond service fund or other special fund when due of debt 11,040
charges or required payments under credit enhancement facilities. 11,041
(S)(P) The commissioners of the sinking fund may covenant 11,043
in the bond proceedings, and any such covenants shall be 11,044
246
controlling notwithstanding any other provision of law, that the 11,045
state and the applicable officers and agencies of the state, 11,046
including the general assembly, so long as any obligations are 11,047
outstanding in accordance with their terms, shall maintain 11,048
statutory authority for and cause to be charged and collected 11,049
taxes, excises, and other receipts of the state so that the 11,050
receipts to the bond service fund shall be sufficient in amounts 11,051
to meet debt charges and for the establishment and maintenance of 11,052
any reserves and other requirements, including payment of the 11,053
costs of credit enhancement facilities, provided for in the bond 11,054
proceedings.
(T)(Q) The obligations, the transfer thereof, and the 11,056
interest, other accreted amounts, and other income therefrom, 11,057
including any profit made on the sale thereof, at all times 11,058
shall be free from taxation, direct or indirect, within the 11,059
state.
(R) THIS SECTION APPLIES ONLY WITH RESPECT TO OBLIGATIONS 11,061
ISSUED AND DELIVERED BEFORE SEPTEMBER 30, 2000. 11,062
Sec. 3313.98. Notwithstanding division (D) of section 11,071
3311.19 and division (D) of section 3311.52 of the Revised Code, 11,072
the provisions of this section and sections 3313.981 to 3313.983 11,073
of the Revised Code that apply to a city school district do not 11,074
apply to a joint vocational or cooperative education school 11,075
district unless expressly specified. 11,076
(A) As used in this section and sections 3313.981 to 11,078
3313.983 of the Revised Code: 11,079
(1) "Parent" means either of the natural or adoptive 11,081
parents of a student, except under the following conditions: 11,082
(a) When the marriage of the natural or adoptive parents 11,084
of the student has been terminated by a divorce, dissolution of 11,085
marriage, or annulment or the natural or adoptive parents of the 11,086
student are living separate and apart under a legal separation 11,087
decree and the court has issued an order allocating the parental 11,088
rights and responsibilities with respect to the student, "parent" 11,089
247
means the residential parent as designated by the court except 11,090
that "parent" means either parent when the court issues a shared 11,091
parenting decree. 11,092
(b) When a court has granted temporary or permanent 11,094
custody of the student to an individual or agency other than 11,095
either of the natural or adoptive parents of the student, 11,096
"parent" means the legal custodian of the child. 11,097
(c) When a court has appointed a guardian for the student, 11,099
"parent" means the guardian of the student. 11,100
(2) "Native student" means a student entitled under 11,102
section 3313.64 or 3313.65 of the Revised Code to attend school 11,103
in a district adopting a resolution under this section. 11,104
(3) "Adjacent district" means a city, exempted village, or 11,107
local school district having territory that abuts the territory 11,108
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled 11,110
under section 3313.64 or 3313.65 of the Revised Code to attend 11,111
school in an adjacent district. 11,112
(5) "Adjacent district joint vocational student" means an 11,115
adjacent district student who enrolls in a city, exempted
village, or local school district pursuant to this section and 11,116
who also enrolls in a joint vocational school district that does 11,117
not contain the territory of the district for which that student 11,118
is a native student and does contain the territory of the city, 11,119
exempted village, or local district in which the student enrolls. 11,120
(6) "FORMULA AMOUNT" HAS THE SAME MEANING AS IN SECTION 11,122
3317.02 OF THE REVISED CODE. 11,123
(7) "Adjusted formula amount" means the formula amount 11,126
defined in division (B) of section 3317.02 of the Revised Code 11,127
multiplied by the cost-of-doing-business factor for a district 11,129
defined in division (N) of section 3317.02 of the Revised Code. 11,130
(7)(8) "Poverty line" means the poverty line established 11,132
by the director of the United States office of management and 11,133
budget as revised by the director of the office of community 11,134
248
services in accordance with section 673(2) of the "Community 11,135
Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as 11,136
amended.
(8)(9) "IEP" means an individualized education program 11,139
defined by division (E) of section 3323.01 of the Revised Code. 11,140
(9)(10) "Other district" means a city, exempted village, 11,143
or local school district having territory outside of the 11,144
territory of a district adopting a resolution under this section. 11,145
(10)(11) "Other district student" means a student entitled 11,147
under section 3313.64 or 3313.65 of the Revised Code to attend 11,148
school in an other district. 11,149
(11)(12) "Other district joint vocational student" means a 11,151
student who is enrolled in any city, exempted village, or local 11,152
school district and who also enrolls in a joint vocational school 11,154
district that does not contain the territory of the district for 11,155
which that student is a native student in accordance with a 11,156
policy adopted under section 3313.983 of the Revised Code. 11,157
(B)(1) The board of education of each city, local, and 11,159
exempted village school district shall adopt a resolution 11,160
establishing for the school district one of the following 11,161
policies:
(a) A policy that entirely prohibits the enrollment of 11,164
students from adjacent districts or other districts, other than 11,165
students for whom tuition is paid in accordance with section 11,167
3317.08 of the Revised Code;
(b) A policy that permits enrollment of students from all 11,170
adjacent districts in accordance with policy statements contained 11,171
in the resolution; 11,172
(c) A policy that permits enrollment of students from all 11,175
other districts in accordance with policy statements contained in 11,176
the resolution.
(2) A policy permitting enrollment of students from 11,178
adjacent or from other districts, as applicable, shall provide 11,180
for all of the following:
249
(a) Application procedures, including deadlines for 11,182
application and for notification of students and the 11,183
superintendent of the applicable district whenever an adjacent or 11,185
other district student's application is approved. 11,187
(b) Procedures for admitting adjacent or other district 11,189
applicants free of any tuition obligation to the district's 11,190
schools, including, but not limited to: 11,191
(i) The establishment of district capacity limits by grade 11,193
level, school building, and education program; 11,194
(ii) A requirement that all native students wishing to be 11,196
enrolled in the district will be enrolled and that any adjacent 11,197
or other district students previously enrolled in the district 11,199
shall receive preference over first-time applicants; 11,200
(iii) Procedures to ensure that an appropriate racial 11,202
balance is maintained in the district schools. 11,203
(C) Except as provided in section 3313.982 of the Revised 11,205
Code, the procedures for admitting adjacent or other district 11,206
students, as applicable, shall not include: 11,207
(1) Any requirement of academic ability, or any level of 11,209
athletic, artistic, or other extracurricular skills; 11,210
(2) Limitations on admitting applicants because of 11,212
handicapping conditions, except that a board may refuse to admit 11,213
a student receiving services under Chapter 3323. of the Revised 11,215
Code, if the services described in the student's IEP are not 11,216
available in the district's schools;
(3) A requirement that the student be proficient in the 11,218
English language; 11,219
(4) Rejection of any applicant because the student has 11,221
been subject to disciplinary proceedings, except that if an 11,222
applicant has been suspended or expelled by the student's 11,224
district for ten consecutive days or more in the term for which 11,225
admission is sought or in the term immediately preceding the term 11,226
for which admission is sought, the procedures may include a 11,227
provision denying admission of such applicant. 11,228
250
(D)(1) Each school board permitting only enrollment of 11,230
adjacent district students shall provide information about the 11,231
policy adopted under this section, including the application 11,232
procedures and deadlines, to the superintendent and the board of 11,233
education of each adjacent district and, upon request, to the 11,234
parent of any adjacent district student. 11,235
(2) Each school board permitting enrollment of other 11,237
district students shall provide information about the policy 11,238
adopted under this section, including the application procedures 11,239
and deadlines, upon request, to the board of education of any 11,240
other school district or to the parent of any student anywhere in 11,242
the state.
(E) Any school board shall accept all credits toward 11,244
graduation earned in adjacent or other district schools by an 11,245
adjacent or other district student or a native student. 11,246
(F)(1) No board of education may adopt a policy 11,248
discouraging or prohibiting its native students from applying to 11,249
enroll in the schools of an adjacent or any other district that 11,250
has adopted a policy permitting such enrollment, except that: 11,251
(a) A district may object to the enrollment of a native 11,253
student in an adjacent or other district in order to maintain an 11,254
appropriate racial balance. 11,255
(b) The board of education of a district receiving funds 11,257
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, 11,258
may adopt a resolution objecting to the enrollment of its native 11,259
students in adjacent or other districts if at least ten per cent 11,260
of its students are included in the determination of the United 11,261
States secretary of education made under section 20 U.S.C.A. 11,262
238(a).
(2) If a board objects to enrollment of native students 11,264
under this division, any adjacent or other district shall refuse 11,265
to enroll such native students unless tuition is paid for the 11,267
students in accordance with section 3317.08 of the Revised Code. 11,268
An adjacent or other district enrolling such students may not 11,269
251
receive funding for those students in accordance with section 11,270
3313.981 of the Revised Code. 11,271
(G) The state board of education shall monitor school 11,273
districts to ensure compliance with this section and the 11,274
districts' policies. The board may adopt rules requiring uniform 11,275
application procedures, deadlines for application, notification 11,276
procedures, and record-keeping requirements for all school boards 11,277
that adopt policies permitting the enrollment of adjacent or 11,278
other district students, as applicable. If the state board 11,280
adopts such rules, no school board shall adopt a policy that 11,281
conflicts with those rules. 11,282
(H) A resolution adopted by a board of education under 11,284
this section that entirely prohibits the enrollment of students 11,285
from adjacent and from other school districts does not abrogate 11,286
any agreement entered into under section 3313.841 or 3313.92 of 11,288
the Revised Code or any contract entered into under section 11,289
3313.90 of the Revised Code between the board of education 11,290
adopting the resolution and the board of education of any 11,291
adjacent or other district or prohibit these boards of education 11,292
from entering into any such agreement or contract. 11,293
(I) Nothing in this section shall be construed to permit 11,295
or require the board of education of a city, exempted village, or 11,296
local school district to exclude any native student of the 11,297
district from enrolling in the district. 11,298
Sec. 3313.981. (A) The state board shall adopt rules 11,307
requiring all of the following: 11,308
(1) The board of education of each city, exempted village, 11,310
and local school district to annually report to the department of 11,311
education ALL OF the FOLLOWING: 11,312
(a) THE number of adjacent district or other district 11,315
students, as applicable, and adjacent district or other district 11,316
joint vocational students, as applicable, enrolled in the 11,317
district and the number of native students enrolled in adjacent 11,318
or other districts, in accordance with a policy adopted under 11,319
252
division (B) of section 3313.98 of the Revised Code; each 11,320
(b) EACH adjacent district or other district student's or 11,323
adjacent district or other district joint vocational student's 11,324
date of enrollment in the district; and each 11,326
(c) THE FULL-TIME EQUIVALENT NUMBER OF ADJACENT DISTRICT 11,328
OR OTHER DISTRICT STUDENTS ENROLLED IN VOCATIONAL EDUCATION 11,329
PROGRAMS OR CLASSES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 11,330
OF THE REVISED CODE AND THE FULL-TIME EQUIVALENT NUMBER OF SUCH 11,331
STUDENTS ENROLLED IN VOCATIONAL EDUCATION PROGRAMS OR CLASSES 11,332
DESCRIBED IN DIVISION (B) OF THAT SECTION;
(d) EACH native student's date of enrollment in an 11,334
adjacent or other district;. 11,336
(2) The board of education of each joint vocational school 11,338
district to annually report to the department ALL OF the 11,339
FOLLOWING:
(a) THE number of adjacent district or other district 11,343
joint vocational students, as applicable, enrolled in the
district and, for; 11,344
(b) THE FULL-TIME EQUIVALENT NUMBER OF ADJACENT DISTRICT 11,346
OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS ENROLLED IN 11,347
VOCATIONAL EDUCATION PROGRAMS OR CLASSES DESCRIBED IN DIVISION 11,348
(A) OF SECTION 3317.014 OF THE REVISED CODE AND THE FULL-TIME 11,349
EQUIVALENT NUMBER OF SUCH STUDENTS ENROLLED IN VOCATIONAL
EDUCATION PROGRAMS OR CLASSES DESCRIBED IN DIVISION (B) OF THAT 11,350
SECTION;
(c) FOR each such ADJACENT DISTRICT OR OTHER DISTRICT 11,353
JOINT VOCATIONAL student, the city, exempted village, or local 11,354
school district in which the student is also enrolled. 11,355
(3) Prior to the first full school week in October each 11,357
year, the superintendent of each city, local, or exempted village 11,358
school district that admits adjacent district or other district 11,359
students or adjacent district or other district joint vocational 11,360
students in accordance with a policy adopted under division (B) 11,361
of section 3313.98 of the Revised Code to notify each adjacent or 11,362
253
other district where those students are entitled to attend school 11,363
under section 3313.64 or 3313.65 of the Revised Code of the
number of the adjacent or other district's native students who 11,364
are enrolled in the superintendent's district under the policy. 11,366
The rules shall provide for the method of counting students 11,368
who are enrolled for part of a school year in an adjacent or 11,369
other district or as an adjacent district or other district joint 11,370
vocational student. 11,371
(B) From the payments made to a city, exempted village, or 11,373
local school district under Chapter 3317. of the Revised Code, 11,374
the department of education shall annually subtract both of the 11,375
following: 11,376
(1) An amount equal to the number of the district's native 11,378
students reported under division (A)(1) of this section who are 11,379
enrolled in adjacent or other school districts pursuant to 11,380
policies adopted by such districts under division (B) of section 11,381
3313.98 of the Revised Code multiplied by the adjusted formula 11,383
amount for the district;
(2) The excess costs computed in accordance with division 11,385
(E) of this section for any such native students receiving 11,386
special education and related services in adjacent or other 11,387
school districts or as an adjacent district or other district 11,388
joint vocational student; 11,389
(3) FOR THE FULL-TIME EQUIVALENT NUMBER OF THE DISTRICT'S 11,391
NATIVE STUDENTS REPORTED UNDER DIVISION (A)(1)(c) OR (2)(b) OF 11,393
THIS SECTION AS ENROLLED IN VOCATIONAL EDUCATION PROGRAMS OR 11,394
CLASSES DESCRIBED IN SECTION 3317.014 OF THE REVISED CODE, AN
AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE APPLICABLE MULTIPLE 11,395
PRESCRIBED BY THAT SECTION.
(C) To the payments made to a city, exempted village, or 11,397
local school district under Chapter 3317. of the Revised Code, 11,398
the department of education shall annually add all of the 11,399
following: 11,400
(1) An amount equal to the adjusted formula amount for the 11,402
254
district multiplied by the remainder obtained by subtracting the 11,403
number of adjacent district or other district joint vocational 11,404
students from the number of adjacent district or other district 11,406
students enrolled in the district, as reported under division 11,408
(A)(1) of this section;
(2) The excess costs computed in accordance with division 11,410
(E) of this section for any adjacent district or other district 11,411
students, except for any adjacent or other district joint 11,412
vocational students, receiving special education and related 11,414
services in the district;
(3) FOR THE FULL-TIME EQUIVALENT NUMBER OF THE ADJACENT OR 11,417
OTHER DISTRICT STUDENTS WHO ARE NOT ADJACENT DISTRICT OR OTHER 11,418
DISTRICT JOINT VOCATIONAL STUDENTS AND ARE REPORTED UNDER 11,419
DIVISION (A)(1)(c) OF THIS SECTION AS ENROLLED IN VOCATIONAL 11,420
EDUCATION PROGRAMS OR CLASSES DESCRIBED IN SECTION 3317.014 OF 11,421
THE REVISED CODE, AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE
APPLICABLE MULTIPLE PRESCRIBED BY THAT SECTION; 11,422
(4) An amount equal to the number of adjacent district or 11,424
other district joint vocational students reported under division 11,426
(A)(1) of this section multiplied by an amount equal to 11,427
one-fourth of the adjusted formula amount for the district. 11,428
(D) To the payments made to a joint vocational school 11,430
district under Chapter 3317. of the Revised Code, the department 11,431
of education shall add, for each adjacent district or other 11,432
district joint vocational student reported under division (A)(2) 11,434
of this section, an BOTH OF THE FOLLOWING: 11,435
(1) AN amount equal to three-fourths of the adjusted 11,437
formula amount of the city, exempted village, or local school 11,438
district in which the student is also enrolled; 11,439
(2) AN AMOUNT EQUAL TO THE FULL-TIME EQUIVALENT NUMBER OF 11,441
STUDENTS REPORTED PURSUANT TO DIVISION (A)(2)(b) OF THIS SECTION 11,443
TIMES THE FORMULA AMOUNT TIMES THE APPLICABLE MULTIPLE PRESCRIBED
BY SECTION 3317.014 OF THE REVISED CODE. 11,444
(E)(1) A city, exempted village, or local school board 11,446
255
providing special education and related services to an adjacent 11,447
or other district student in accordance with an IEP shall, 11,449
pursuant to rules of the state board, compute the excess costs to 11,450
educate such student as follows: 11,451
(a) Subtract the adjusted formula amount for the district 11,453
from the actual costs to educate the student; 11,454
(b) From the amount computed under division (E)(1)(a) of 11,456
this section subtract the amount of any funds received by the 11,457
district under Chapter 3317. of the Revised Code to provide 11,458
special education and related services to the student. 11,459
(2) The board shall report the excess costs computed under 11,461
this division to the department of education. 11,462
(3) If any student for whom excess costs are computed 11,464
under division (E)(1) of this section is an adjacent or other 11,465
district joint vocational student, the department of education 11,467
shall add the amount of such excess costs to the payments made 11,468
under Chapter 3317. of the Revised Code to the joint vocational 11,469
school district enrolling the student. 11,470
(F) Notwithstanding AS PROVIDED IN DIVISION (D)(1)(b) OF 11,473
section 3317.03 of the Revised Code, no joint vocational school 11,475
district shall count any adjacent or other district joint 11,476
vocational student enrolled in the district in its average daily 11,477
membership FORMULA ADM certified under section 3317.03 of the 11,479
Revised Code.
(G) No city, exempted village, or local school district 11,481
shall receive a payment under division (C) of this section for a 11,482
student, and no joint vocational school district shall receive a 11,483
payment under division (D) of this section for a student, if for 11,484
the same school year that student is counted in the district's 11,485
formula ADM or average daily membership certified under section 11,487
3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board 11,489
offers transportation to native students of the same grade level 11,490
and distance from school under section 3327.01 of the Revised 11,491
256
Code, a city, exempted village, or local school board enrolling 11,492
an adjacent or other district student shall provide 11,493
transportation for the student within the boundaries of the 11,495
board's district, except that the board shall be required to pick 11,496
up and drop off a nonhandicapped student only at a regular school 11,497
bus stop designated in accordance with the board's transportation 11,498
policy. Pursuant to rules of the state board of education, such 11,499
board may reimburse the parent from funds received under division 11,500
(D) of section 3317.022 of the Revised Code for the reasonable 11,501
cost of transportation from the student's home to the designated 11,502
school bus stop if the student's family has an income below the 11,503
federal poverty line.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 11,513
and (C) of this section, any student enrolled in kindergarten 11,514
more than half time shall be reported as one-half student under 11,515
this section.
(A) The superintendent of each city and exempted village 11,518
school district and of each educational service center shall, for 11,519
the schools under the superintendent's supervision, certify to 11,520
the state board of education on or before the fifteenth day of 11,521
October in each year for the first full school week in October 11,522
the formula ADM, which shall consist of the average daily 11,523
membership during such week of the sum of the following: 11,524
(1) On an FTE basis, the number of students in grades 11,527
kindergarten through twelve receiving any educational services 11,528
from the district, except that the following categories of 11,529
students shall not be included in the determination: 11,530
(a) Students enrolled in adult education classes; 11,532
(b) Adjacent or other district students enrolled in the 11,534
district under an open enrollment policy pursuant to section 11,535
3313.98 of the Revised Code; 11,536
(c) Students receiving services in the district pursuant 11,538
to a compact, cooperative education agreement, or a contract, but 11,539
who are entitled to attend school in another district pursuant to 11,540
257
section 3313.64 or 3313.65 of the Revised Code; 11,541
(d) Students for whom tuition is payable pursuant to 11,544
sections 3317.081 and 3323.141 of the Revised Code. 11,545
(2) On an FTE basis, the number of students entitled to 11,548
attend school in the district pursuant to section 3313.64 or 11,549
3313.65 of the Revised Code, but receiving educational services 11,551
in grades kindergarten through twelve from one or more of the
following entities: 11,552
(a) A community school pursuant to Chapter 3314. of the 11,555
Revised Code, including any participation in a college pursuant 11,556
to Chapter 3365. of the Revised Code while enrolled in such 11,557
community school;
(b) An alternative school pursuant to sections 3313.974 to 11,559
3313.979 of the Revised Code as described in division (I)(2)(a) 11,561
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 11,563
Code, except when the student is enrolled in the college while 11,564
also enrolled in a community school pursuant to Chapter 3314. of 11,565
the Revised Code;
(d) An adjacent or other school district under an open 11,568
enrollment policy adopted pursuant to section 3313.98 of the 11,569
Revised Code;
(e) An educational service center or cooperative education 11,572
district;
(f) Another school district under a cooperative education 11,575
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 11,577
joint vocational school district or under a vocational education 11,578
compact, EXCLUDING ANY STUDENTS ENTITLED TO ATTEND SCHOOL IN THE 11,580
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE WHO 11,581
ARE ENROLLED IN ANOTHER SCHOOL DISTRICT THROUGH AN OPEN 11,582
ENROLLMENT POLICY AS REPORTED UNDER DIVISION (A)(2)(d) OF THIS 11,583
SECTION AND THEN ENROLL IN A JOINT VOCATIONAL SCHOOL DISTRICT OR 11,584
UNDER A VOCATIONAL EDUCATION COMPACT; 11,585
258
(4) The number of handicapped children, other than 11,587
handicapped preschool children, entitled to attend school in the 11,588
district pursuant to section 3313.64 or 3313.65 of the Revised 11,590
Code who are placed with a county MR/DD board, minus the number 11,593
of such children placed with a county MR/DD board in fiscal year 11,594
1998. If this calculation produces a negative number, the number 11,596
reported under division (A)(4) of this section shall be zero. 11,598
(B) To enable the department of education to obtain the 11,601
data needed to complete the calculation of payments pursuant to 11,602
this chapter, in addition to the formula ADM, each superintendent 11,604
shall report separately the following student counts: 11,605
(1) The total average daily membership in regular day 11,607
classes included in the report under division (A)(1) or (2) of 11,608
this section for kindergarten, and each of grades one through 11,609
twelve in schools under the superintendent's supervision; 11,611
(2) The number of all handicapped preschool children 11,615
enrolled as of the first day of December in classes in the 11,616
district that are eligible for approval by the state board of 11,617
education under division (B) of section 3317.05 of the Revised 11,618
Code and the number of those classes, which shall be reported not 11,619
later than the fifteenth day of December, in accordance with 11,620
rules adopted under that section; 11,621
(3) The number of children entitled to attend school in 11,623
the district pursuant to section 3313.64 or 3313.65 of the 11,624
Revised Code who are participating in a pilot project scholarship 11,626
program established under sections 3313.974 to 3313.979 of the 11,627
Revised Code as described in division (I)(2)(a) or (b) of this 11,629
section, are enrolled in a college under Chapter 3365. of the 11,630
Revised Code, except when the student is enrolled in the college 11,631
while also enrolled in a community school pursuant to Chapter 11,632
3314. of the Revised Code, are enrolled in an adjacent or other 11,633
school district under section 3313.98 of the Revised Code, are 11,634
enrolled in a community school established under Chapter 3314. of 11,636
the Revised Code, including any participation in a college
259
pursuant to Chapter 3365. of the Revised Code while enrolled in 11,637
such community school, or are participating in a program operated 11,639
by a county MR/DD board or a state institution; 11,640
(4) The number of pupils enrolled in joint vocational 11,642
schools; 11,643
(5) The average daily membership of handicapped children 11,646
reported under division (A)(1) or (2) of this section receiving 11,647
category one special education services, described in division 11,648
(A) of section 3317.013 of the Revised Code; 11,649
(6) The average daily membership of handicapped children 11,651
reported under division (A)(1) or (2) of this section receiving 11,652
category two special education services, described in division 11,653
(B) of section 3317.013 of the Revised Code; 11,654
(7) The average daily membership of handicapped children 11,656
reported under division (A)(1) or (2) of this section identified 11,658
as having any of the handicaps specified in division (F)(3) of 11,659
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 11,661
division (A)(1) or (2) of this section enrolled in category one 11,662
vocational education programs or classes, described in division 11,663
(A) of section 3317.014 of the Revised Code, operated by the 11,664
school district or by another district, other than a joint 11,665
vocational school district, or by an educational service center; 11,666
(9) The average daily membership of pupils reported under 11,668
division (A)(1) or (2) of this section enrolled in category two 11,669
vocational education programs or services, described in division 11,670
(B) of section 3317.014 of the Revised Code, operated by the 11,671
school district or another school district, other than a joint 11,672
vocational school district, or by an educational service center; 11,673
(10) The average number of children transported by the 11,676
school district on board-owned or contractor-owned and -operated 11,677
buses, reported in accordance with rules adopted by the 11,679
department of education;
(11)(a) The number of children, other than handicapped 11,682
260
preschool children, the district placed with a county MR/DD board 11,683
in fiscal year 1998; 11,684
(b) The number of handicapped children, other than 11,686
handicapped preschool children, placed with a county MR/DD board 11,688
in the current fiscal year to receive category one special 11,689
education services, described in division (A) of section 3317.013 11,691
of the Revised Code; 11,692
(c) The number of handicapped children, other than 11,694
handicapped preschool children, placed with a county MR/DD board 11,696
in the current fiscal year to receive category two special 11,697
education services, described in division (B) of section 3317.013 11,699
of the Revised Code; 11,700
(d) The number of handicapped children, other than 11,702
handicapped preschool children, placed with a county MR/DD board 11,704
in the current fiscal year to receive category three special 11,705
education services, described in division (F)(3) of section 11,707
3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for 11,709
kindergarten students, the average daily membership in divisions 11,710
(B)(1) to (9) of this section shall be based upon the number of 11,712
full-time equivalent students. The state board of education 11,713
shall adopt rules defining full-time equivalent students and for 11,714
determining the average daily membership therefrom for the 11,716
purposes of divisions (A), (B), and (D) of this section. No 11,717
child shall be counted as more than a total of one child in the 11,718
sum of the average daily memberships of a school district under 11,720
division (A), divisions (B)(1) to (9), or division (D) of this 11,721
section, EXCEPT AS FOLLOWS: 11,722
(1) A CHILD WITH A HANDICAP DESCRIBED IN SECTION 3317.013 11,724
OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE MAY BE 11,725
COUNTED BOTH IN FORMULA ADM AND IN CATEGORY ONE, TWO, OR THREE 11,726
SPECIAL EDUCATION ADM AND, IF APPLICABLE, IN CATEGORY ONE OR TWO 11,727
VOCATIONAL EDUCATION ADM. AS PROVIDED IN DIVISION (C) OF SECTION 11,728
3317.02 OF THE REVISED CODE, SUCH A CHILD SHALL BE COUNTED IN 11,729
261
CATEGORY ONE, TWO, OR THREE SPECIAL EDUCATION ADM IN THE SAME 11,730
PROPORTION THAT THE CHILD IS COUNTED IN FORMULA ADM. 11,731
(2) A CHILD ENROLLED IN VOCATIONAL EDUCATION PROGRAMS OR 11,733
CLASSES DESCRIBED IN SECTION 3314.014 OF THE REVISED CODE MAY BE 11,734
COUNTED BOTH IN FORMULA ADM AND CATEGORY ONE OR TWO VOCATIONAL 11,735
EDUCATION ADM AND, IF APPLICABLE, IN CATEGORY ONE, TWO, OR THREE 11,736
SPECIAL EDUCATION ADM. SUCH A CHILD SHALL BE COUNTED IN CATEGORY 11,737
ONE OR TWO VOCATIONAL EDUCATION ADM IN THE SAME PROPORTION AS THE 11,738
PERCENTAGE OF TIME THAT THE CHILD SPENDS IN THE VOCATIONAL 11,739
EDUCATION PROGRAMS OR CLASSES. Based 11,740
BASED on the information reported under this section, the 11,743
department of education shall determine the total student count, 11,744
as defined in section 3301.011 of the Revised Code, for each
school district. 11,745
(D)(1) The superintendent of each joint vocational school 11,747
district shall certify to the superintendent of public 11,749
instruction on or before the fifteenth day of October in each 11,750
year for the first full school week in October the formula ADM, 11,751
which shall consist of the average daily membership during such 11,753
week, on an FTE basis, of the number of students receiving any 11,755
educational services from the district, except that the following 11,756
categories of students shall not be included in the 11,757
determination:
(a) Students enrolled in adult education classes; 11,759
(b) Adjacent or other district joint vocational students 11,761
enrolled in the district under an open enrollment policy pursuant 11,762
to section 3313.98 of the Revised Code; 11,763
(c) Students receiving services in the district pursuant 11,765
to a compact, cooperative education agreement, or a contract, but 11,766
who are entitled to attend school in a city, local, or exempted 11,768
village school district whose territory is not part of the 11,769
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to 11,771
sections 3317.081 and 3323.141 of the Revised Code. 11,772
262
(2) To enable the department of education to obtain the 11,774
data needed to complete the calculation of payments pursuant to 11,775
this chapter, in addition to the formula ADM, each superintendent 11,776
shall report separately the average daily membership included in 11,777
the report under division (D)(1) of this section for each of the 11,778
following categories of students: 11,779
(a) Students enrolled in each grade included in the joint 11,781
vocational district schools; 11,782
(b) Handicapped children receiving category one special 11,784
education services, described in division (A) of section 3317.013 11,786
of the Revised Code;
(c) Handicapped children receiving category two special 11,788
education services, described in division (B) of section 3317.013 11,790
of the Revised Code;
(d) Handicapped children identified as having any of the 11,792
handicaps specified in division (F)(3) of section 3317.02 of the 11,794
Revised Code;
(e) Students receiving category one vocational education 11,796
services, described in division (A) of section 3317.014 of the 11,797
Revised Code;
(f) Students receiving category two vocational education 11,799
services, described in division (B) of section 3317.014 of the 11,800
Revised Code.
The superintendent of each joint vocational school district 11,802
shall also indicate the city, local, or exempted village school 11,804
district in which each joint vocational district pupil is 11,805
entitled to attend school pursuant to section 3313.64 or 3313.65 11,806
of the Revised Code.
(E) In each school of each city, local, exempted village, 11,808
joint vocational, and cooperative education school district there 11,809
shall be maintained a record of school membership, which record 11,810
shall accurately show, for each day the school is in session, the 11,811
actual membership enrolled in regular day classes. For the 11,812
purpose of determining average daily membership, the membership 11,813
263
figure of any school shall not include any pupils except those 11,814
pupils described by division (A) of this section. The record of 11,816
membership for each school shall be maintained in such manner 11,817
that no pupil shall be counted as in membership prior to the 11,818
actual date of entry in the school and also in such manner that 11,819
where for any cause a pupil permanently withdraws from the school 11,820
that pupil shall not be counted as in membership from and after 11,822
the date of such withdrawal. There shall not be included in the 11,823
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 11,826
a public high school;
(2) Any pupil who is not a resident of the state; 11,828
(3) Any pupil who was enrolled in the schools of the 11,831
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 11,832
not take one or more of the tests required by that section and 11,833
was not excused pursuant to division (C)(1) of that section; 11,834
(4) Any pupil who has attained the age of twenty-two 11,836
years, except for the following: 11,837
(a) Persons suffering from tuberculosis and receiving 11,839
treatment in any approved state, county, district, or municipal 11,840
tuberculosis hospital who have not graduated from the twelfth 11,841
grade of a public high school; 11,842
(b) Veterans of the armed services whose attendance was 11,844
interrupted before completing the recognized twelve-year course 11,845
of the public schools by reason of induction or enlistment in the 11,846
armed forces and who apply for reenrollment in the public school 11,847
system of their residence not later than four years after 11,848
termination of war or their honorable discharge. 11,849
If, however, any veteran described by division (E)(4)(b) of 11,852
this section elects to enroll in special courses organized for 11,853
veterans for whom tuition is paid under the provisions of federal 11,854
laws, or otherwise, that veteran shall not be included in average 11,856
daily membership.
264
Notwithstanding division (E)(3) of this section, the 11,858
membership of any school may include a pupil who did not take a 11,859
test required by section 3301.0711 of the Revised Code if the 11,860
superintendent of public instruction grants a waiver from the 11,861
requirement to take the test to the specific pupil. The 11,862
superintendent may grant such a waiver only for good cause in 11,863
accordance with rules adopted by the state board of education. 11,864
Except as provided in division (B)(2) of this section, the 11,867
average daily membership figure of any local, city, exempted 11,868
village, or joint vocational school district shall be determined 11,869
by dividing the figure representing the sum of the number of 11,870
pupils enrolled during each day the school of attendance is 11,871
actually open for instruction during the first full school week 11,872
in October by the total number of days the school was actually 11,873
open for instruction during that week. For purposes of state 11,874
funding, "enrolled" persons are only those pupils who are 11,875
attending school, those who have attended school during the 11,876
current school year and are absent for authorized reasons, and 11,877
those handicapped children currently receiving home instruction. 11,878
The average daily membership figure of any cooperative 11,880
education school district shall be determined in accordance with 11,881
rules adopted by the state board of education. 11,882
(F)(1) If the formula ADM for the first full school week 11,885
in February is at least three per cent greater than that 11,886
certified for the first full school week in the preceding 11,887
October, the superintendent of schools of any city, exempted 11,888
village, or joint vocational school district or educational 11,890
service center shall certify such increase to the superintendent 11,891
of public instruction. Such certification shall be submitted no 11,892
later than the fifteenth day of February. For the balance of the 11,893
fiscal year, beginning with the February payments, the 11,894
superintendent of public instruction shall use the increased 11,895
formula ADM in calculating or recalculating the amounts to be 11,896
allocated in accordance with section 3317.022 or 3317.16 of the 11,898
265
Revised Code. In no event shall the superintendent use an 11,899
increased membership certified to the superintendent after the 11,900
fifteenth day of February. 11,901
(2) If on the first school day of April the total number 11,903
of classes or units for handicapped preschool children that are 11,906
eligible for approval under division (B) of section 3317.05 of 11,907
the Revised Code exceeds the number of units that have been 11,908
approved for the year under that division, the superintendent of 11,909
schools of any city, exempted village, or cooperative education 11,910
school district or educational service center shall make the 11,911
certifications required by this section for that day. If the 11,912
state board of education determines additional units can be 11,913
approved for the fiscal year within any limitations set forth in 11,914
the acts appropriating moneys for the funding of such units, the 11,916
board shall approve additional units for the fiscal year on the 11,917
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 11,918
computed in the manner prescribed in section 3317.161 or 3317.19 11,920
and section 3317.162 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a 11,922
special education program pursuant to section 3323.091 of the 11,923
Revised Code shall, for the programs under such superintendent's 11,925
supervision, certify to the state board of education the average 11,926
daily membership of all handicapped children in classes or 11,927
programs approved annually by the state board of education, in 11,928
the manner prescribed by the superintendent of public 11,929
instruction.
(b) The superintendent of an institution with vocational 11,932
education units approved under division (A) of section 3317.05 of 11,933
the Revised Code shall, for the units under the superintendent's 11,935
supervision, certify to the state board of education the average 11,936
daily membership in those units, in the manner prescribed by the 11,937
superintendent of public instruction. 11,938
(2) The superintendent of each county MR/DD board that 11,940
266
maintains special education classes or units approved by the 11,941
state board of education pursuant to section 3317.05 of the 11,943
Revised Code shall do both of the following: 11,944
(a) Certify to the state board, in the manner prescribed 11,947
by the board, the average daily membership in classes and units 11,948
approved under division (D)(1) of section 3317.05 of the Revised 11,949
Code for each school district that has placed children in the 11,950
classes or units;
(b) Certify to the state board, in the manner prescribed 11,952
by the board, the number of all handicapped preschool children 11,953
enrolled as of the first day of December in classes eligible for 11,954
approval under division (B) of section 3317.05 of the Revised 11,956
Code, and the number of those classes. 11,957
(3)(a) If during the first full school week in February 11,959
the average daily membership of the classes or units maintained 11,960
by the county MR/DD board that are eligible for approval under 11,961
division (D)(1) of section 3317.05 of the Revised Code is greater 11,963
than the average daily membership for the preceding October, the 11,964
superintendent of the board shall make the certifications 11,965
required by this section for such week. 11,966
(b) If on the first school day of April the number of 11,969
classes or units maintained for handicapped preschool children by 11,971
the county MR/DD board that are eligible for approval under 11,972
division (B) of section 3317.05 of the Revised Code is greater 11,973
than the number of units approved for the year under that 11,974
division, the superintendent shall make the certification 11,976
required by this section for that day.
(c) If the state board determines that additional classes 11,978
or units can be approved for the fiscal year within any 11,980
limitations set forth in the acts appropriating moneys for the 11,981
funding of the classes and units described in division (G)(3)(a) 11,982
or (b) of this section, the board shall approve and fund 11,984
additional units for the fiscal year on the basis of such average 11,985
daily membership. For each unit so approved, the department of 11,986
267
education shall pay an amount computed in the manner prescribed 11,987
in sections 3317.161 and 3317.162 of the Revised Code. 11,988
(H) Except as provided in division (I) of this section, 11,991
when any city, local, or exempted village school district 11,992
provides instruction for a nonresident pupil whose attendance is 11,993
unauthorized attendance as defined in section 3327.06 of the 11,994
Revised Code, that pupil's membership shall not be included in 11,995
that district's membership figure used in the calculation of that 11,996
district's formula ADM or included in the determination of any 11,997
unit approved for the district under section 3317.05 of the 11,998
Revised Code. The reporting official shall report separately the 11,999
average daily membership of all pupils whose attendance in the 12,000
district is unauthorized attendance, and the membership of each 12,001
such pupil shall be credited to the school district in which the 12,002
pupil is entitled to attend school under division (B) of section 12,003
3313.64 or section 3313.65 of the Revised Code as determined by 12,004
the department of education. 12,005
(I)(1) A city, local, exempted village, or joint 12,007
vocational school district admitting a scholarship student of a 12,010
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 12,011
average daily membership.
(2) In any year for which funds are appropriated for pilot 12,013
project scholarship programs, a school district implementing a 12,014
state-sponsored pilot project scholarship program that year 12,015
pursuant to sections 3313.974 through 3313.979 of the Revised 12,017
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 12,019
scholarship to attend kindergarten in any alternative school, as 12,020
defined in division (A)(9) of section 3313.974 of the Revised 12,021
Code;
(b) All children who were enrolled in the district in the 12,023
preceding year who are utilizing a scholarship to attend any such 12,024
alternative school. 12,025
268
(J) The superintendent of each cooperative education 12,027
school district shall certify to the superintendent of public 12,028
instruction, in a manner prescribed by the state board of 12,029
education, the applicable average daily memberships for all 12,030
students in the cooperative education district, also indicating 12,031
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the 12,032
Revised Code. 12,033
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 12,042
the Revised Code: 12,043
(A) "Allowable costs" means all or part of the costs of a 12,045
permanent improvement that may be financed with, and paid from 12,046
the proceeds of, securities issued pursuant to section 133.15 of 12,047
the Revised Code. 12,048
(B) "Bond proceedings" means the resolution, order, trust 12,050
agreement, indenture, loan agreement, lease agreement, and other 12,051
agreements, amendments and supplements to the foregoing, or any 12,052
one or more or combination thereof, authorizing or providing for 12,053
the terms and conditions applicable to, or providing for the 12,054
security or liquidity of, obligations issued pursuant to section 12,055
3318.26 of the Revised Code, and the provisions contained in the 12,056
obligations. 12,057
(C) "Bond service charges" means principal, including 12,059
mandatory sinking fund requirements for retirement of 12,060
obligations, and interest, and redemption premium, if any, 12,061
required to be paid by the state on obligations, and, if provided 12,062
in the applicable bond proceedings, may include any corresponding 12,063
lease or sublease payments to be made with respect thereto to the 12,064
issuing authority by the state or any agency of state government. 12,065
(D) "Bond service fund" means the applicable fund and 12,067
accounts therein created for and pledged to the payment of bond 12,068
service charges, which may be, or may be part of, either the 12,069
school building program bond service fund created by division 12,071
(R)(Q) of section 3318.26 of the Revised Code, including all 12,072
269
moneys and investments, and earnings from investments, credited 12,074
and to be credited thereto.
(E) "Issuing authority" means the treasurer of state, or 12,076
the officer who by law performs the functions of such officer. 12,077
(F) "Obligations" means bonds, notes, or other evidence of 12,079
obligation including interest coupons pertaining thereto, issued 12,080
pursuant to section 3318.26 of the Revised Code. 12,081
(G) "Permanent improvement" or "improvement" means a 12,083
permanent improvement or improvement as defined under division 12,084
(CC) of section 133.01 of the Revised Code to be used for housing 12,085
agencies of state government, including classroom facilities as 12,086
defined in division (B) of section 3318.01 of the Revised Code. 12,087
(H) "Pledged receipts," in the case of obligations issued 12,089
to provide moneys for the school building program assistance fund 12,090
created in section 3318.25 of the Revised Code, means any or all 12,091
of the following: 12,092
(1) Moneys in the lottery profits education fund created 12,094
in section 3770.06 of the Revised Code appropriated by the 12,095
general assembly and pledged for the purpose of paying bond 12,096
service charges on one or more issuances of such obligations; 12,097
(2) Accrued interest received from the sale of 12,099
obligations; 12,100
(3) Income from the investment of the special funds; 12,102
(4) Any gifts, grants, donations, and pledges, and 12,104
receipts therefrom, available for the payment of bond service 12,105
charges. 12,106
(I) "School district" means a school district as defined 12,108
under division (D) of section 3318.01 of the Revised Code, acting 12,109
as an agency of state government, performing essential 12,110
governmental functions of state government pursuant to sections 12,111
3318.21 to 3318.29 of the Revised Code.
(J) "Securities" means securities as defined under 12,113
division (KK) in section 133.01 of the Revised Code. 12,114
(K) "Special funds" or "funds" means, except where the 12,116
270
context does not permit, the bond service fund, and any other 12,117
funds, including reserve funds, created under the bond 12,118
proceedings, and the school building program bond service fund 12,120
created by division (R)(Q) of section 3318.26 of the Revised Code 12,122
to the extent provided in the bond proceedings, including all 12,123
moneys and investments, and earnings from investment, credited 12,124
and to be credited thereto. 12,125
Sec. 3318.25. There is hereby created in the state 12,134
treasury the school building program assistance fund. The fund 12,135
shall consist of the proceeds of obligations issued for the 12,136
purposes of such fund pursuant to section 3318.26 of the Revised 12,137
Code that are payable from moneys in the lottery profits 12,138
education fund created in section 3770.06 of the Revised Code OR 12,139
PURSUANT TO SECTION 151.03 OF THE REVISED CODE. All investment 12,140
earnings of the fund shall be credited to the fund. Moneys in 12,141
the fund shall be used as directed by the Ohio school facilities 12,143
commission for the cost to the state of constructing classroom 12,144
facilities under sections 3318.01 to 3318.20 of the Revised Code. 12,147
Sec. 3318.26. (A) THE PROVISIONS OF THIS SECTION APPLY 12,156
ONLY TO OBLIGATIONS ISSUED BY THE ISSUING AUTHORITY PRIOR TO 12,157
DECEMBER 1, 1999. 12,158
(B) Subject to the limitations provided in section 3318.29 12,161
of the Revised Code, the issuing authority, upon the 12,162
certification by the Ohio school facilities commission to the 12,163
issuing authority of the amount of moneys or additional moneys 12,164
needed in the school building program assistance fund for the 12,166
purposes of sections 3318.01 to 3318.20 of the Revised Code, or 12,167
needed for capitalized interest, for funding reserves, and for 12,168
paying costs and expenses incurred in connection with the 12,169
issuance, carrying, securing, paying, redeeming, or retirement of 12,170
the obligations or any obligations refunded thereby, including 12,171
payment of costs and expenses relating to letters of credit, 12,172
lines of credit, insurance, put agreements, standby purchase 12,173
agreements, indexing, marketing, remarketing and administrative 12,174
271
arrangements, interest swap or hedging agreements, and any other 12,175
credit enhancement, liquidity, remarketing, renewal, or refunding 12,176
arrangements, all of which are authorized by this section, shall 12,177
issue obligations of the state under this section in the required 12,178
amount. The proceeds of such obligations, except for obligations 12,179
issued to provide moneys for the school building program 12,181
assistance fund shall be deposited by the treasurer of state in 12,183
special funds, including reserve funds, as provided in the bond 12,184
proceedings. The issuing authority may appoint trustees, paying 12,186
agents, and transfer agents and may retain the services of
financial advisors and accounting experts and retain or contract 12,187
for the services of marketing, remarketing, indexing, and 12,188
administrative agents, other consultants, and independent 12,189
contractors, including printing services, as are necessary in the 12,190
issuing authority's judgment to carry out this section. The 12,191
costs of such services are payable from the school building 12,192
program assistance fund or any special fund determined by the 12,194
issuing authority.
(B)(C) The holders or owners of such obligations shall 12,196
have no right to have moneys raised by taxation obligated or 12,197
pledged, and moneys raised by taxation shall not be obligated or 12,198
pledged, for the payment of bond service charges. Such holders 12,199
or owners shall have no rights to payment of bond service charges 12,200
from any money or property received by the commission, treasurer 12,203
of state, or the state, or from any other use of the proceeds of 12,204
the sale of the obligations, and no such moneys may be used for 12,205
the payment of bond service charges, except for accrued interest, 12,206
capitalized interest, and reserves funded from proceeds received 12,207
upon the sale of the obligations and except as otherwise 12,208
expressly provided in the applicable bond proceedings pursuant to 12,209
written directions by the treasurer of state. The right of such 12,210
holders and owners to payment of bond service charges shall be 12,211
limited to all or that portion of the pledged receipts and those 12,212
special funds pledged thereto pursuant to the bond proceedings in 12,213
272
accordance with this section, and each such obligation shall bear 12,214
on its face a statement to that effect.
(C)(D) Obligations shall be authorized by resolution or 12,216
order of the issuing authority and the bond proceedings shall 12,217
provide for the purpose thereof and the principal amount or 12,218
amounts, and shall provide for or authorize the manner or agency 12,219
for determining the principal maturity or maturities, not 12,220
exceeding the limits specified in section 3318.29 of the Revised 12,221
Code, the interest rate or rates or the maximum interest rate, 12,222
the date of the obligations and the dates of payment of interest 12,223
thereon, their denomination, and the establishment within or 12,224
without the state of a place or places of payment of bond service 12,225
charges. Sections 9.98 to 9.983 of the Revised Code are 12,226
applicable to obligations issued under this section, subject to 12,227
any applicable limitation under section 3318.29 of the Revised 12,228
Code. The purpose of such obligations may be stated in the bond 12,229
proceedings in terms describing the general purpose or purposes 12,230
to be served. The bond proceedings shall also provide, subject to 12,231
the provisions of any other applicable bond proceedings, for the 12,232
pledge of all, or such part as the issuing authority may 12,233
determine, of the pledged receipts and the applicable special 12,234
fund or funds to the payment of bond service charges, which 12,235
pledges may be made either prior or subordinate to other 12,236
expenses, claims, or payments, and may be made to secure the 12,237
obligations on a parity with obligations theretofore or 12,238
thereafter issued, if and to the extent provided in the bond 12,239
proceedings. The pledged receipts and special funds so pledged 12,240
and thereafter received by the state are immediately subject to 12,241
the lien of such pledge without any physical delivery thereof or 12,242
further act, and the lien of any such pledges is valid and 12,243
binding against all parties having claims of any kind against the 12,244
state or any governmental agency of the state, irrespective of 12,245
whether such parties have notice thereof, and shall create a 12,246
perfected security interest for all purposes of Chapter 1309. of 12,247
273
the Revised Code, without the necessity for separation or 12,248
delivery of funds or for the filing or recording of the bond 12,249
proceedings by which such pledge is created or any certificate, 12,250
statement or other document with respect thereto; and the pledge 12,251
of such pledged receipts and special funds is effective and the 12,252
money therefrom and thereof may be applied to the purposes for 12,253
which pledged without necessity for any act of appropriation, 12,254
except as required by section 3770.06 of the Revised Code. Every 12,255
pledge, and every covenant and agreement made with respect 12,256
thereto, made in the bond proceedings may therein be extended to 12,257
the benefit of the owners and holders of obligations authorized 12,258
by this section, and to any trustee therefor, for the further 12,259
security of the payment of the bond service charges. 12,260
(D)(E) The bond proceedings may contain additional 12,262
provisions as to: 12,263
(1) The redemption of obligations prior to maturity at the 12,265
option of the issuing authority at such price or prices and under 12,266
such terms and conditions as are provided in the bond 12,267
proceedings; 12,268
(2) Other terms of the obligations; 12,270
(3) Limitations on the issuance of additional obligations; 12,272
(4) The terms of any trust agreement or indenture securing 12,274
the obligations or under which the same may be issued; 12,275
(5) The deposit, investment and application of special 12,277
funds, and the safeguarding of moneys on hand or on deposit, 12,278
without regard to Chapter 131., 133., or 135. of the Revised 12,279
Code, but subject to any special provisions of sections 3318.21 12,280
to 3318.29 of the Revised Code, with respect to particular funds 12,281
or moneys, provided that any bank or trust company that acts as 12,282
depository of any moneys in the special funds may furnish such 12,283
indemnifying bonds or may pledge such securities as required by 12,284
the issuing authority; 12,285
(6) Any or every provision of the bond proceedings being 12,287
binding upon such officer, board, commission, authority, agency, 12,288
274
department, or other person or body as may from time to time have 12,289
the authority under law to take such actions as may be necessary 12,290
to perform all or any part of the duty required by such 12,291
provision; 12,292
(7) Any provision that may be made in a trust agreement or 12,295
indenture;
(8) The lease or sublease of any interest of the school 12,297
district or the state in one or more projects as defined in 12,298
division (C) of section 3318.01 of the Revised Code, or in one or 12,299
more permanent improvements, to or from the issuing authority, as 12,300
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 12,301
(9) Any other or additional agreements with the holders of 12,303
the obligations, or the trustee therefor, relating to the 12,304
obligations or the security therefor. 12,305
(E)(F) The obligations may have the great seal of the 12,307
state or a facsimile thereof affixed thereto or printed thereon. 12,308
The obligations and any coupons pertaining to obligations shall 12,309
be signed or bear the facsimile signature of the issuing 12,310
authority. Any obligations or coupons may be executed by the 12,311
person who, on the date of execution, is the proper issuing 12,312
authority although on the date of such bonds or coupons such 12,313
person was not the issuing authority. In case the issuing 12,314
authority whose signature or a facsimile of whose signature 12,315
appears on any such obligation or coupon ceases to be the issuing 12,316
authority before delivery thereof, such signature or facsimile is 12,317
nevertheless valid and sufficient for all purposes as if the 12,318
issuing authority had remained the issuing authority until such 12,320
delivery; and in case the seal to be affixed to obligations has 12,321
been changed after a facsimile of the seal has been imprinted on 12,322
such obligations, such facsimile seal shall continue to be 12,323
sufficient as to such obligations and obligations issued in 12,324
substitution or exchange therefor.
(F)(G) All obligations are negotiable instruments and 12,326
275
securities under Chapter 1308. of the Revised Code, subject to 12,327
the provisions of the bond proceedings as to registration. The 12,328
obligations may be issued in coupon or in registered form, or 12,329
both, as the issuing authority determines. Provision may be made 12,330
for the registration of any obligations with coupons attached 12,331
thereto as to principal alone or as to both principal and 12,332
interest, their exchange for obligations so registered, and for 12,333
the conversion or reconversion into obligations with coupons 12,334
attached thereto of any obligations registered as to both 12,335
principal and interest, and for reasonable charges for such 12,336
registration, exchange, conversion, and reconversion. 12,337
(G)(H) Obligations may be sold at public sale or at 12,339
private sale, as determined in the bond proceedings. 12,340
(H)(I) Pending preparation of definitive obligations, the 12,342
issuing authority may issue interim receipts or certificates 12,343
which shall be exchanged for such definitive obligations. 12,344
(I)(J) In the discretion of the issuing authority, 12,346
obligations may be secured additionally by a trust agreement or 12,347
indenture between the issuing authority and a corporate trustee 12,348
which may be any trust company or bank having its principal place 12,349
of business within the state. Any such agreement or indenture 12,350
may contain the resolution or order authorizing the issuance of 12,351
the obligations, any provisions that may be contained in any bond 12,352
proceedings, and other provisions that are customary or 12,353
appropriate in an agreement or indenture of such type, including, 12,354
but not limited to: 12,355
(1) Maintenance of each pledge, trust agreement, 12,357
indenture, or other instrument comprising part of the bond 12,358
proceedings until the state has fully paid the bond service 12,359
charges on the obligations secured thereby, or provision therefor 12,360
has been made; 12,361
(2) In the event of default in any payments required to be 12,363
made by the bond proceedings, or any other agreement of the 12,364
issuing authority made as a part of the contract under which the 12,365
276
obligations were issued, enforcement of such payments or 12,366
agreement by mandamus, the appointment of a receiver, suit in 12,367
equity, action at law, or any combination of the foregoing; 12,368
(3) The rights and remedies of the holders of obligations 12,370
and of the trustee, and provisions for protecting and enforcing 12,371
them, including limitations on rights of individual holders of 12,372
obligations; 12,373
(4) The replacement of any obligations that become 12,375
mutilated or are destroyed, lost, or stolen; 12,376
(5) Such other provisions as the trustee and the issuing 12,378
authority agree upon, including limitations, conditions, or 12,379
qualifications relating to any of the foregoing. 12,380
(J)(K) Any holder of obligations or a trustee under the 12,382
bond proceedings, except to the extent that the holder's or 12,383
trustee's rights are restricted by the bond proceedings, may by 12,385
any suitable form of legal proceedings, protect and enforce any 12,386
rights under the laws of this state or granted by such bond 12,387
proceedings. Such rights include the right to compel the 12,388
performance of all duties of the issuing authority, the 12,389
commission, or the director of budget and management required by 12,391
sections 3318.21 to 3318.29 of the Revised Code or the bond 12,392
proceedings; to enjoin unlawful activities; and in the event of 12,393
default with respect to the payment of any bond service charges 12,394
on any obligations or in the performance of any covenant or 12,395
agreement on the part of the issuing authority, the commission, 12,396
or the director of budget and management in the bond proceedings, 12,398
to apply to a court having jurisdiction of the cause to appoint a 12,399
receiver to receive and administer the pledged receipts and 12,400
special funds, other than those in the custody of the treasurer 12,401
of state or the commission, which are pledged to the payment of 12,403
the bond service charges on such obligations or which are the 12,404
subject of the covenant or agreement, with full power to pay, and 12,405
to provide for payment of bond service charges on, such 12,406
obligations, and with such powers, subject to the direction of 12,407
277
the court, as are accorded receivers in general equity cases, 12,408
excluding any power to pledge additional revenues or receipts or 12,409
other income or moneys of the issuing authority or the state or 12,410
governmental agencies of the state to the payment of such 12,411
principal and interest and excluding the power to take possession 12,412
of, mortgage, or cause the sale or otherwise dispose of any 12,413
permanent improvement. 12,414
Each duty of the issuing authority and the issuing 12,416
authority's officers and employees, and of each governmental 12,417
agency and its officers, members, or employees, undertaken 12,418
pursuant to the bond proceedings or any agreement or loan made 12,419
under authority of sections 3318.21 to 3318.29 of the Revised 12,420
Code, and in every agreement by or with the issuing authority, is 12,421
hereby established as a duty of the issuing authority, and of 12,422
each such officer, member, or employee having authority to 12,423
perform such duty, specifically enjoined by the law resulting 12,424
from an office, trust, or station within the meaning of section 12,425
2731.01 of the Revised Code. 12,426
The person who is at the time the issuing authority, or the 12,428
issuing authority's officers or employees, are not liable in 12,429
their personal capacities on any obligations issued by the 12,430
issuing authority or any agreements of or with the issuing 12,431
authority. 12,432
(K) The issuing authority may authorize and issue 12,434
obligations for the refunding, including funding and retirement, 12,435
and advance refunding with or without payment or redemption prior 12,436
to maturity, of any obligations previously issued by the issuing 12,437
authority. Such obligations may be issued in amounts sufficient 12,438
for payment of the principal amount of the prior obligations, any 12,439
redemption premiums thereon, principal maturities of any such 12,440
obligations maturing prior to the redemption of the remaining 12,441
obligations on a parity therewith, interest accrued or to accrue 12,442
to the maturity dates or dates of redemption of such obligations, 12,443
and any allowable costs including expenses incurred or to be 12,444
278
incurred in connection with such issuance and such refunding, 12,445
funding, and retirement. Subject to the bond proceedings 12,446
therefor, the portion of proceeds of the sale of obligations 12,447
issued under this division to be applied to bond service charges 12,448
on the prior obligations shall be credited to an appropriate 12,449
account held by the trustee for such prior or new obligations or 12,450
to the appropriate account in the bond service fund for such 12,451
obligations. Obligations authorized under this division shall be 12,452
deemed to be issued for those purposes for which such prior 12,453
obligations were issued and are subject to the provisions of this 12,454
section pertaining to other obligations, except as otherwise 12,455
provided in this section; provided that, unless otherwise 12,456
authorized by the general assembly, any limitations imposed by 12,457
the general assembly pursuant to this section with respect to 12,458
bond service charges applicable to the prior obligations shall be 12,459
applicable to the obligations issued under this division to 12,460
refund, fund, advance refund, or retire such prior obligations. 12,461
(L) The authority to issue obligations under this section 12,463
includes authority to refund or refinance any obligations 12,464
previously issued by the state under sections 3318.21 to 3318.29 12,465
of the Revised Code. 12,466
The authority to issue obligations under this section also 12,468
includes authority to issue obligations in the form of bond 12,469
anticipation notes and to renew the same from time to time by the 12,470
issuance of new notes. The holders of such notes or interest 12,471
coupons pertaining thereto shall have a right to be paid solely 12,472
from the pledged receipts and special funds that may be pledged 12,473
to the payment of the bonds anticipated, or from the proceeds of 12,474
such bonds or renewal notes, or both, as the issuing authority 12,475
provides in the resolution or order authorizing such notes. Such 12,476
notes may be additionally secured by covenants of the issuing 12,477
authority to the effect that the issuing authority and the state 12,478
will do such or all things necessary for the issuance of such 12,479
bonds or renewal notes in appropriate amount, and apply the 12,480
279
proceeds thereof to the extent necessary, to make full payment of 12,481
the principal of and interest on such notes at the time or times 12,482
contemplated, as provided in such resolution or order. For such 12,483
purpose, the issuing authority may issue bonds or renewal notes 12,484
in such principal amount and upon such terms as may be necessary 12,485
to provide funds to pay when required the principal of and 12,486
interest on such notes, notwithstanding any limitations 12,487
prescribed by or for purposes of this section. Subject to this 12,488
division, all provisions for and references to obligations in 12,489
this section are applicable to notes authorized under this 12,490
division. 12,491
The issuing authority in the bond proceedings authorizing 12,493
the issuance of bond anticipation notes shall set forth for such 12,494
bonds an estimated interest rate and a schedule of principal 12,495
payments for such bonds and the annual maturity dates thereof, 12,496
and for purposes of any limitation on bond service charges 12,497
prescribed under section 3318.29 of the Revised Code, the amount 12,498
of bond service charges on such bond anticipation notes shall be 12,499
deemed to be the bond service charges for the bonds anticipated 12,500
thereby as set forth in the bond proceedings applicable to such 12,501
notes, but this provision does not modify any authority in this 12,502
section to pledge pledged receipts and special funds to, and 12,503
covenant to issue bonds to fund, the payment of principal of and 12,504
interest and any premium on such notes. 12,505
(M)(L) Obligations issued under this section are lawful 12,507
investments for banks, societies for savings, savings and loan 12,508
associations, deposit guarantee associations, trust companies, 12,509
trustees, fiduciaries, insurance companies, including domestic 12,510
for life and domestic not for life, trustees or other officers 12,511
having charge of sinking and bond retirement or other special 12,512
funds of political subdivisions and taxing districts of this 12,513
state, the commissioners of the sinking fund of the state, the 12,514
administrator of workers' compensation, the state teachers 12,516
retirement system, the public employees retirement system, the 12,517
280
school employees retirement system, and the Ohio police and fire 12,518
pension fund, notwithstanding any other provisions of the Revised 12,519
Code or rules adopted pursuant thereto by any governmental agency 12,520
of the state with respect to investments by them, and also are 12,521
acceptable as security for the deposit of public moneys. 12,522
(N)(M) Unless otherwise provided in any applicable bond 12,524
proceedings, moneys to the credit of or in the special funds 12,525
established by or pursuant to this section may be invested by or 12,526
on behalf of the issuing authority only in notes, bonds, or other 12,527
obligations of the United States, or of any agency or 12,528
instrumentality of the United States, obligations guaranteed as 12,530
to principal and interest by the United States, obligations of 12,531
this state or any political subdivision of this state, and 12,532
certificates of deposit of any national bank located in this 12,534
state and any bank, as defined in section 1101.01 of the Revised 12,535
Code, subject to inspection by the superintendent of financial 12,536
institutions. If the law or the instrument creating a trust 12,538
pursuant to division (I)(J) of this section expressly permits 12,539
investment in direct obligations of the United States or an 12,540
agency of the United States, unless expressly prohibited by the 12,541
instrument, such moneys also may be invested in no front end load 12,542
money market mutual funds consisting exclusively of obligations 12,543
of the United States or an agency of the United States and in 12,544
repurchase agreements, including those issued by the fiduciary 12,545
itself, secured by obligations of the United States or an agency 12,546
of the United States; and in collective investment funds 12,547
established in accordance with section 1111.14 of the Revised 12,549
Code and consisting exclusively of any such securities, 12,550
notwithstanding division (A)(B)(1)(c) of that section. The 12,551
income from such investments shall be credited to such funds as 12,554
the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or 12,555
authorizes. 12,556
(O)(N) Provision may be made in the applicable bond 12,558
281
proceedings for the establishment of separate accounts in the 12,559
bond service fund and for the application of such accounts only 12,560
to the specified bond service charges on obligations pertinent to 12,561
such accounts and bond service fund and for other accounts 12,562
therein within the general purposes of such fund. Unless 12,563
otherwise provided in any applicable bond proceedings, moneys to 12,564
the credit of or in the several special funds established 12,565
pursuant to this section shall be disbursed on the order of the 12,566
treasurer of state, provided that no such order is required for 12,567
the payment from the bond service fund when due of bond service 12,568
charges on obligations. 12,569
(P)(O) The issuing authority may pledge all, or such 12,571
portion as the issuing authority determines, of the pledged 12,572
receipts to the payment of bond service charges on obligations 12,573
issued under this section, and for the establishment and 12,574
maintenance of any reserves, as provided in the bond proceedings, 12,575
and make other provisions therein with respect to pledged 12,576
receipts as authorized by this chapter, which provisions shall be 12,577
controlling notwithstanding any other provisions of law 12,578
pertaining thereto.
(Q)(P) The issuing authority may covenant in the bond 12,580
proceedings, and any such covenants shall be controlling 12,581
notwithstanding any other provision of law, that the state and 12,582
applicable officers and governmental agencies of the state, 12,583
including the general assembly, so long as any obligations are 12,585
outstanding, shall:
(1) Maintain statutory authority for and cause to be 12,587
operated the state lottery, including the transfers to and from 12,588
the lottery profits education fund created in section 3770.06 of 12,589
the Revised Code so that the pledged receipts shall be sufficient 12,590
in amount to meet bond service charges, and the establishment and 12,591
maintenance of any reserves and other requirements provided for 12,592
in the bond proceedings; 12,593
(2) Take or permit no action, by statute or otherwise, 12,595
282
that would impair the exclusion from gross income for federal 12,596
income tax purposes of the interest on any obligations designated 12,597
by the bond proceeding as tax-exempt obligations. 12,598
(R)(Q) There is hereby created the school building program 12,600
bond service fund, which shall be in the custody of the treasurer 12,601
of state but shall be separate and apart from and not a part of 12,602
the state treasury. All moneys received by or on account of the 12,603
issuing authority or state agencies and required by the 12,604
applicable bond proceedings, consistent with this section, to be 12,605
deposited, transferred, or credited to the school building 12,606
program bond service fund, and all other moneys transferred or 12,607
allocated to or received for the purposes of the fund, shall be 12,608
deposited and credited to such fund and to any separate accounts 12,609
therein, subject to applicable provisions of the bond 12,610
proceedings, but without necessity for any act of appropriation, 12,611
except as required by section 3770.06 of the Revised Code. 12,612
During the period beginning with the date of the first issuance 12,613
of obligations and continuing during such time as any such 12,614
obligations are outstanding, and so long as moneys in the school 12,615
building program bond service fund are insufficient to pay all 12,616
bond service charges on such obligations becoming due in each 12,617
year, a sufficient amount of the moneys from the lottery profits 12,618
education fund included in pledged receipts, subject to 12,619
appropriation for such purpose as provided in section 3770.06 of 12,620
the Revised Code, are committed and shall be paid to the school 12,621
building program bond service fund in each year for the purpose 12,622
of paying the bond service charges becoming due in that year. 12,623
The school building program bond service fund is a trust fund and 12,624
is hereby pledged to the payment of bond service charges solely 12,625
on obligations issued to provide moneys for the school building 12,626
program assistance fund to the extent provided in the applicable 12,627
bond proceedings, and payment thereof from such fund shall be 12,628
made or provided for by the treasurer of state in accordance with 12,629
such bond proceedings without necessity for any act of 12,630
283
appropriation except as required by section 3770.06 of the 12,631
Revised Code. 12,632
(S) of (R) The obligations, the transfer thereof, and the 12,635
income therefrom, including any profit made on the sale thereof, 12,636
at all times shall be free from taxation within the state. 12,637
Sec. 3325.07. The state board of education in carrying out 12,646
this section and section 3325.06 of the Revised Code shall, 12,647
insofar as practicable, plan, present, and carry into effect an 12,648
educational program by means of any of the following methods of 12,649
instruction: 12,650
(A) Classes for parents of deaf or hard of hearing 12,652
children of preschool age; 12,653
(B) A nursery school where parent and child would enter 12,655
the nursery school as a unit; 12,656
(C) Correspondence course; 12,658
(D) Personal consultations and interviews; 12,660
(E) DAY-CARE OR CHILD DEVELOPMENT COURSES; 12,662
(F) SUMMER ENRICHMENT COURSES; 12,664
(G) By such other means or methods as the superintendent 12,666
OF THE STATE SCHOOL FOR THE DEAF deems advisable that would 12,668
permit a deaf or hard of hearing child of preschool age to 12,669
construct a pattern of communication at an early age. 12,670
THE SUPERINTENDENT MAY ALLOW CHILDREN WHO ARE NOT DEAF OR 12,672
HARD OF HEARING TO PARTICIPATE IN THE METHODS OF INSTRUCTION 12,673
DESCRIBED IN DIVISIONS (A) TO (G) OF THIS SECTION AS A MEANS TO 12,674
ASSIST DEAF OR HARD OF HEARING CHILDREN TO CONSTRUCT A PATTERN OF 12,675
COMMUNICATION. THE SUPERINTENDENT SHALL ESTABLISH POLICIES AND 12,676
PROCEDURES REGARDING THE PARTICIPATION OF CHILDREN WHO ARE NOT 12,677
DEAF OR HARD OF HEARING.
THE SUPERINTENDENT MAY ESTABLISH REASONABLE FEES FOR 12,679
PARTICIPATION IN THE METHODS OF INSTRUCTION DESCRIBED IN 12,680
DIVISIONS (A) TO (G) OF THIS SECTION TO DEFRAY THE COSTS OF 12,681
CARRYING THEM OUT. THE SUPERINTENDENT SHALL DETERMINE THE MANNER 12,682
BY WHICH ANY SUCH FEES SHALL BE COLLECTED. ALL FEES SHALL BE 12,683
284
DEPOSITED IN THE EVEN START FEES AND GIFTS FUND, WHICH IS HEREBY
CREATED IN THE STATE TREASURY. THE MONEY IN THE FUND SHALL BE 12,684
USED TO IMPLEMENT THIS SECTION. 12,685
Sec. 3333.13. (A) Money appropriated to state supported 12,694
and state assisted institutions of higher education and to the 12,695
Ohio board of regents for the purposes of this division shall be 12,696
paid at the times and in the amounts necessary to meet all 12,697
payments required to be made by such institutions and by the 12,698
board to the Ohio public facilities commission OR TREASURER OF 12,699
STATE pursuant to leases or agreements made by them with such 12,701
commission under division (B) of section 154.21 of the Revised 12,703
Code, as certified under division (C) of this section, including 12,704
supplements to such certifications. 12,705
(B) Each such institution of higher education and the 12,707
board shall include in its estimate of proposed expenses 12,708
submitted pursuant to section 126.02 of the Revised Code the 12,709
estimated amounts of all such payments to be made by it. The 12,710
board shall include the estimated amounts of all such payments to 12,711
be made by each such institution and of such payments to be made 12,712
by it in recommendations for appropriation required by division 12,713
(J) of section 3333.04 of the Revised Code. The director of 12,714
budget and management shall include in the state budget estimates 12,715
provided for in section 126.02 of the Revised Code the estimated 12,716
amount of all such payments to be made during the next biennium, 12,717
and this amount shall be included in the state budget to be 12,718
submitted by the governor to the general assembly pursuant to 12,719
section 107.03 of the Revised Code. 12,720
(C) On the first day of July of each year, or as soon 12,722
thereafter as is practicable, the chancellor of the board shall 12,723
certify to the director the payments contracted to be made, 12,724
during the period of the then current appropriations made for the 12,725
purposes of division (A) of this section, to the commission OR 12,727
TREASURER OF STATE by each state supported and state assisted 12,728
institution of higher education and by the board pursuant to 12,729
285
leases and agreements made under division (B) of section 154.21 12,730
of the Revised Code. The certification shall state the amounts 12,731
and dates of payment required therefor as to each such 12,732
institution of higher education and the board, and the amounts to 12,733
be credited pursuant to such leases and agreements to the higher 12,734
education bond service trust fund and other special funds 12,735
established pursuant to Chapter 154. of the Revised Code. If the 12,736
director finds such certification to be correct, he THE DIRECTOR 12,737
shall promptly add his THE DIRECTOR'S certification thereto and 12,738
submit it to the treasurer of state. Such annual certification 12,739
shall be supplemented in similar manner upon the execution of 12,740
each new lease or agreement, any supplement to an existing lease 12,741
or agreement, or any amendment thereof, affecting the amounts of 12,742
such THOSE payments. 12,743
Sec. 3383.01. As used in this chapter: 12,752
(A) "Arts" means any of the following: 12,754
(1) Visual, musical, dramatic, graphic, and other arts and 12,757
includes, but is not limited to, architecture, dance, literature, 12,758
motion pictures, music, painting, photography, sculpture, and 12,759
theater;
(2) The presentation or making available, in museums or 12,762
other indoor or outdoor facilities, of principles of science and 12,763
their development, use, or application in business, industry, or 12,764
commerce or of the history, heritage, development, presentation, 12,765
and uses of the arts as defined above and of transportation; 12,766
(3) The preservation, presentation, or making available of 12,768
features of archaeological, architectural, environmental, or 12,769
historical interest or significance in a state historical 12,770
facility OR A LOCAL HISTORICAL FACILITY. 12,771
(B) "Arts organization" means either of the following: 12,773
(1) A governmental agency or Ohio nonprofit corporation 12,775
that provides programs or activities in areas directly concerned 12,776
with the arts; 12,777
(2) A regional arts and cultural district as defined in 12,779
286
section 3381.01 of the Revised Code. 12,780
(C) "ARTS PROJECT" MEANS ALL OR ANY PORTION OF AN OHIO 12,783
ARTS FACILITY FOR WHICH THE GENERAL ASSEMBLY HAS SPECIFICALLY 12,784
AUTHORIZED THE SPENDING OF MONEY, OR MADE AN APPROPRIATION, 12,785
PURSUANT TO DIVISION (D)(3) OF SECTION 3383.07 OF THE REVISED 12,786
CODE.
(D) "COSTS OF OPERATION" MEANS AMOUNTS REQUIRED TO MANAGE 12,788
AN OHIO ARTS FACILITY THAT ARE INCURRED FOLLOWING THE COMPLETION 12,790
OF CONSTRUCTION OF ITS ARTS PROJECT, PROVIDED THAT BOTH OF THE 12,791
FOLLOWING APPLY:
(1) THOSE AMOUNTS EITHER: 12,793
(a) HAVE BEEN COMMITTED TO A FUND DEDICATED TO THAT 12,795
PURPOSE;
(b) EQUAL THE PRINCIPAL OF ANY ENDOWMENT FUND, THE INCOME 12,797
FROM WHICH IS DEDICATED TO THAT PURPOSE. 12,798
(2) THE COMMISSION AND THE ARTS ORGANIZATION HAVE EXECUTED 12,800
AN AGREEMENT WITH RESPECT TO EITHER OF THOSE FUNDS. 12,801
(E) "General building services" means general building 12,803
services for an Ohio arts facility or an Ohio sports facility, 12,804
including, but not limited to, general custodial care, security, 12,806
maintenance, repair, painting, decoration, cleaning, utilities, 12,807
fire safety, grounds and site maintenance and upkeep, and 12,808
plumbing.
(D)(F) "Governmental agency" means a state agency, a 12,810
state-supported or state-assisted institution of higher 12,811
education, a municipal corporation, county, township, or school 12,812
district, a port authority created under Chapter 4582. of the 12,814
Revised Code, or any other political subdivision or special
district in this state established by or pursuant to law, OR any 12,816
combination of these entities, or,; except where otherwise 12,817
indicated, the United States or any department, division, or 12,818
agency of the United States, or any agency, commission, or 12,819
authority established pursuant to an interstate compact or 12,820
agreement.
287
(E)(G) "LOCAL CONTRIBUTIONS" MEANS THE VALUE OF AN ASSET 12,822
PROVIDED BY OR ON BEHALF OF AN ARTS ORGANIZATION FROM SOURCES 12,824
OTHER THAN THE STATE, THE VALUE AND NATURE OF WHICH SHALL BE 12,825
APPROVED BY THE OHIO ARTS AND SPORTS FACILITIES COMMISSION, IN 12,826
ITS SOLE DISCRETION. "LOCAL CONTRIBUTIONS" MAY INCLUDE THE VALUE 12,828
OF THE SITE WHERE AN ARTS PROJECT IS TO BE CONSTRUCTED. ALL 12,829
"LOCAL CONTRIBUTIONS," EXCEPT A CONTRIBUTION ATTRIBUTABLE TO SUCH 12,830
A SITE, SHALL BE FOR THE COSTS OF CONSTRUCTION OF AN ARTS PROJECT 12,831
OR THE COSTS OF OPERATION OF AN ARTS FACILITY. 12,832
(H) "LOCAL HISTORICAL FACILITY" MEANS A SITE OR FACILITY, 12,834
OTHER THAN A STATE HISTORICAL FACILITY, OF ARCHAEOLOGICAL, 12,835
ARCHITECTURAL, ENVIRONMENTAL, OR HISTORICAL INTEREST OR 12,836
SIGNIFICANCE, OR A FACILITY, INCLUDING A STORAGE FACILITY, 12,837
APPURTENANT TO THE OPERATIONS OF SUCH A SITE OR FACILITY, THAT IS 12,838
OWNED BY AN ARTS ORGANIZATION, PROVIDED THE FACILITY MEETS THE 12,839
REQUIREMENTS OF DIVISION (J)(2)(b) OF THIS SECTION, IS MANAGED BY 12,841
OR PURSUANT TO A CONTRACT WITH THE OHIO ARTS AND SPORTS 12,842
FACILITIES COMMISSION, AND IS USED FOR OR IN CONNECTION WITH THE 12,843
ACTIVITIES OF THE COMMISSION, INCLUDING THE PRESENTATION OR 12,844
MAKING AVAILABLE OF ARTS TO THE PUBLIC. 12,845
(I) "Manage," "operate," or "management" means the 12,847
provision of, or the exercise of control over the provision of, 12,848
activities: 12,849
(1) Relating to the arts for an Ohio arts facility, 12,851
including as applicable, but not limited to, providing for 12,852
displays, exhibitions, specimens, and models; booking of artists, 12,853
performances, or presentations; scheduling; and hiring or 12,854
contracting for directors, curators, technical and scientific 12,855
staff, ushers, stage managers, and others directly related to the 12,856
arts activities in the facility; but not including general 12,857
building services; 12,858
(2) Relating to sports and athletic events for an Ohio 12,860
sports facility, including, as applicable, but not limited to, 12,861
providing for booking of athletes, teams, and events; scheduling; 12,863
288
and hiring or contracting for staff, ushers, managers, and others 12,864
directly related to the sports and athletic events in the 12,865
facility; but not including general building services.
(F)(J) "Ohio arts facility" means any of the following: 12,867
(1) The three theaters located in the state office tower 12,869
at 77 South High street in Columbus; 12,870
(2) Any capital facility in this state to which all of the 12,872
following apply: 12,873
(a) The construction of the facility AN ARTS PROJECT 12,875
RELATED TO THE FACILITY was authorized or funded by the general 12,877
assembly pursuant to division (D)(3) of section 3383.07 of the 12,878
Revised Code.
(b) The state owns or has sufficient real property 12,880
interests in the facility or in the portion of the facility 12,881
financed from the proceeds of obligations or in the site of the 12,882
facility for a period of no less than the greater of the useful 12,883
life of the portion of the facility financed from the proceeds of 12,884
those obligations as determined by the director of budget and 12,885
management using the guidelines for maximum maturities as 12,886
provided under divisions (B), (C), and (E) of section 133.20 of 12,887
the Revised Code, or the period of time remaining to the date of 12,888
payment or provision for payment of outstanding obligations 12,889
issued by the Ohio building authority allocable to costs of that 12,890
portion of the facility, as determined by the director of budget 12,891
and management, in either case as certified to the Ohio arts and 12,892
sports facilities commission and the Ohio building authority. 12,893
(c) The facility is managed directly by, or by contract 12,895
with, the Ohio arts and sports facilities commission, and used 12,896
for or in connection with the activities of the commission, 12,897
including the presentation or making available of arts to the 12,898
public.
(3) A state historical facility OR A LOCAL HISTORICAL 12,900
FACILITY.
(G)(K) "State agency" means the state or any of its 12,902
289
branches, officers, boards, commissions, authorities, 12,903
departments, divisions, or other units or agencies of the state. 12,904
(H)(L) "Construction" includes acquisition, including 12,906
acquisition by lease-purchase, demolition, reconstruction, 12,908
alteration, renovation, remodeling, enlargement, improvement, 12,909
site improvements, and related equipping and furnishing. 12,910
(I)(M) "State historical facility" means a site or 12,912
facility of archaeological, architectural, environmental, or 12,914
historical interest or significance, or a facility, including a 12,915
storage facility, appurtenant to the operations of such a site or 12,916
facility, that is owned by or is located on real property owned
by the state or by an arts organization, so long as the real 12,918
property of the arts organization meets the requirements of 12,919
division (F)(J)(2)(b) of this section and is contiguous to
state-owned real property that is in the care, custody, and 12,921
control of an arts organization, and that is managed directly by 12,922
or by contract with the OHIO ARTS AND SPORTS FACILITIES 12,923
commission, and that is used for or in connection with the 12,924
commission's activities OF THE COMMISSION, INCLUDING THE 12,925
PRESENTATION OR MAKING AVAILABLE OF ARTS TO THE PUBLIC. 12,926
(J)(N) "Ohio sports facility" means all or a portion of a 12,928
stadium, arena, or other capital facility in Ohio, a primary 12,930
purpose of which is to provide a site or venue for the 12,931
presentation to the public of events of one or more major or 12,932
minor league professional athletic or sports teams that are 12,933
associated with the state or with an Ohio A city or region OF THE 12,934
STATE, which facility is owned by or is located on real property 12,935
owned by the state or a governmental agency, and including all 12,936
parking facilities, walkways, and other auxiliary facilities, 12,938
equipment, furnishings, and real and personal property and 12,939
interests and rights therein, that may be appropriate for or used
for or in connection with the facility or its operation, for 12,940
capital costs of which state funds are spent pursuant to this 12,941
chapter. A facility constructed as an Ohio sports facility may 12,942
290
be both an Ohio arts facility and an Ohio sports facility. 12,943
Sec. 3383.03. The Ohio arts and sports facilities 12,952
commission shall DO THE FOLLOWING: 12,953
(A) From time to time, determine the need for ARTS 12,955
PROJECTS, Ohio arts facilities, and Ohio sports facilities, 12,956
report to the governor and the general assembly on the need for 12,958
any additional ARTS PROJECTS, Ohio arts facilities, and any 12,959
additional Ohio sports facilities. This division does not apply 12,961
to state historical facilities.
(B) Have jurisdiction, control, and possession of, and 12,963
supervision over the use and disposition of, all property, 12,964
rights, licenses, money, contracts, accounts, liens, books, 12,965
records, and other property rights and interests conveyed, 12,966
delivered, transferred, or assigned to it; 12,967
(C) Use, and provide for the use of, Ohio arts facilities 12,969
and Ohio sports facilities for the commission's purposes and 12,971
functions, and conduct such reviews as are necessary to ensure 12,972
that uses of those facilities are consistent with statewide 12,973
interests and the commission's purposes, including the 12,974
presentation or making available arts and professional athletics 12,975
and sports to the public in this state; 12,976
(D) Hold a meeting, including the organizational meeting 12,978
required by division (E) of section 3383.02 of the Revised Code, 12,979
at least quarterly to conduct its business; 12,980
(E) Cooperate with any governmental agency or arts 12,982
organization that provides services in, to, or for an Ohio arts 12,983
facility, and cooperate with any governmental agency or nonprofit 12,984
corporation for the provision or operation of any Ohio sports 12,985
facilities.
Sec. 3383.07. (A) The department of administrative 12,994
services shall provide for the construction of an Ohio arts 12,995
facility PROJECT in conformity with Chapter 153. of the Revised 12,996
Code, except as follows: 12,998
(1) For a facility AN ARTS PROJECT that has an estimated 13,000
291
construction cost, excluding the cost of acquisition, of 13,002
twenty-five million dollars or more, and that is financed by the 13,003
Ohio building authority, construction services may be provided by 13,004
the authority if the authority determines it should provide those 13,006
services.
(2) FOR AN ARTS PROJECT OTHER THAN A STATE HISTORICAL 13,008
FACILITY, CONSTRUCTION SERVICES MAY BE PROVIDED ON BEHALF OF THE 13,010
STATE BY THE OHIO ARTS AND SPORTS FACILITIES COMMISSION, OR BY A 13,011
GOVERNMENTAL AGENCY OR AN ARTS ORGANIZATION THAT OCCUPIES, WILL 13,012
OCCUPY, OR IS RESPONSIBLE FOR THE OHIO ARTS FACILITY, AS 13,013
DETERMINED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 13,014
CONSTRUCTION SERVICES TO BE PROVIDED BY A GOVERNMENTAL AGENCY OR 13,015
AN ARTS ORGANIZATION SHALL BE SPECIFIED IN AN AGREEMENT BETWEEN 13,016
THE COMMISSION AND THE GOVERNMENTAL AGENCY OR ARTS ORGANIZATION. 13,017
THE AGREEMENT, OR ANY ACTIONS TAKEN UNDER IT, ARE NOT SUBJECT TO 13,018
CHAPTER 123. OR 153. OF THE REVISED CODE, EXCEPT FOR SECTIONS 13,019
123.151 AND 153.011 OF THE REVISED CODE, AND SHALL BE SUBJECT TO 13,021
CHAPTER 4115. OF THE REVISED CODE. 13,022
(3) For a facility AN ARTS PROJECT that is a state 13,024
historical facility, construction services may be provided by the 13,027
Ohio arts and sports facilities commission or by an arts 13,028
organization that occupies, will occupy, or is responsible for
the facility, as determined by the commission. The construction 13,029
services to be provided by the arts organization shall be 13,030
specified in an agreement between the commission and the arts 13,031
organization, and the agreement, and any actions taken under it, 13,033
are not subject to Chapter 123., 153., or 4115. of the Revised
Code. 13,034
(B) For an Ohio sports facility that is financed in part 13,036
by the Ohio building authority, construction services shall be 13,037
provided on behalf of the state by or at the direction of the 13,038
governmental agency or nonprofit corporation that will own or be 13,039
responsible for the management of the facility, all as determined 13,040
by the commission. Any construction services to be provided by a 13,041
292
governmental agency or nonprofit corporation shall be specified 13,042
in an agreement between the commission and the governmental
agency or nonprofit corporation, and the agreement, and any 13,043
actions taken under it, are not subject to Chapter 123. or 153. 13,044
of the Revised Code, except FOR sections 123.151 and 153.011 of 13,046
the Revised Code, and shall be subject to Chapter 4115. of the 13,047
Revised Code.
(C) General building services for an Ohio arts facility 13,049
shall be provided by the department of administrative services in 13,050
conformity with Chapter 123. of the Revised Code, except that the 13,051
Ohio building authority may elect to provide such services for 13,052
Ohio arts facilities it financed and such services may be 13,053
provided by the Ohio arts and sports facilities commission or by 13,054
an arts organization that occupies, will occupy, or is 13,055
responsible for the facility, as determined by the commission. 13,056
The costs of management and general building services shall be 13,058
paid by the arts organization which THAT occupies, will occupy, 13,059
or is responsible for the facility as provided in an agreement 13,060
between the commission and the arts organization, except that the 13,062
state may pay for general building services for state-owned arts
facilities constructed on state-owned land. General building 13,063
services for an Ohio sports facility shall be provided by or at 13,064
the direction of the governmental agency or nonprofit corporation 13,065
that will be responsible for the management of the facility, all 13,066
as determined by the commission. Any general building services 13,067
to be provided by a governmental agency or nonprofit corporation 13,068
shall be specified in an agreement between the commission and the 13,069
governmental agency or nonprofit corporation, and that agreement, 13,070
and any actions taken under it, are not subject to Chapter 123. 13,071
or 153. of the Revised Code, except FOR sections 123.151 and 13,072
153.011 of the Revised Code, and shall be subject to Chapter 13,074
4115. of the Revised Code.
(D) This division does not apply to a state historical 13,076
facility. No state funds, including any state bond proceeds, 13,077
293
shall be spent on the construction of any Ohio arts facility 13,078
PROJECT under this chapter unless, with respect TO THE ARTS 13,080
PROJECT AND to that THE OHIO ARTS facility RELATED TO THE 13,082
PROJECT, all of the following apply: 13,083
(1) The Ohio arts and sports facilities commission has 13,085
determined that there is a need for the ARTS PROJECT AND THE OHIO 13,086
ARTS facility RELATED TO THE PROJECT in the region of the state 13,088
for which the OHIO ARTS facility is proposed TO BE LOCATED; 13,090
(2) As THE COMMISSION HAS DETERMINED THAT, AS an 13,092
indication of substantial regional support for the facility, ARTS 13,094
PROJECT, THE ARTS ORGANIZATION HAS MADE provision has been made, 13,095
by agreement or otherwise, satisfactory to the commission, IN ITS 13,097
SOLE DISCRETION, for a contribution LOCAL CONTRIBUTIONS amounting 13,098
to not less than one-third FIFTY PER CENT of the total estimated 13,099
cost of the facility, including any cost of the site, from 13,101
sources other than the state of Ohio to be used for costs of 13,102
construction of the facility, costs of management of the 13,103
facility, or both STATE FUNDING FOR THE ARTS PROJECT; 13,104
(3) The general assembly has specifically authorized the 13,106
spending of money on, or made an appropriation for, the 13,107
construction of the facility ARTS PROJECT, or for rental payments 13,109
relating to the financing of the construction of the facility 13,110
ARTS PROJECT. Authorization to spend money, or an appropriation, 13,112
for planning the facility ARTS PROJECT does not constitute 13,114
authorization to spend money on, or an appropriation for, 13,115
construction of the facility ARTS PROJECT.
(E) No state funds, including any state bond proceeds, 13,117
shall be spent on the construction of any state historical 13,118
facility under this chapter unless the general assembly has 13,119
specifically authorized the spending of money on, or made an 13,120
appropriation for, the construction of the ARTS PROJECT RELATED
TO THE facility, or for rental payments relating to the financing 13,122
of the construction of the facility ARTS PROJECT. Authorization 13,123
to spend money, or an appropriation, for planning the facility 13,124
294
ARTS PROJECT does not constitute authorization to spend money on, 13,126
or an appropriation for, the construction of the facility ARTS 13,127
PROJECT.
(F) State funds shall not be used to pay or reimburse more 13,129
than fifteen per cent of the initial estimated construction cost 13,130
of an Ohio sports facility, excluding any site acquisition cost, 13,132
and no state funds, including any state bond proceeds, shall be 13,133
spent on any Ohio sports facility under this chapter unless, with 13,134
respect to that facility, all of the following apply:
(1) The Ohio arts and sports facilities commission has 13,136
determined that there is a need for the facility in the region of 13,137
the state for which the facility is proposed to provide the 13,138
function of an Ohio sports facility as provided for in this 13,139
chapter.
(2) As an indication of substantial local support for the 13,141
facility, the commission has received a financial and development 13,142
plan satisfactory to it, and provision has been made, by 13,143
agreement or otherwise, satisfactory to the commission, for a 13,144
contribution amounting to not less than eighty-five per cent of 13,145
the total estimated construction cost of the facility, excluding
any site acquisition cost, from sources other than the state. 13,146
(3) The general assembly has specifically authorized the 13,148
spending of money on, or made an appropriation for, the 13,149
construction of the facility, or for rental payments relating to 13,150
state financing of all or a portion of the costs of constructing 13,151
the facility. Authorization to spend money, or an appropriation, 13,152
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or 13,153
an appropriation for, costs of constructing the facility. 13,154
(4) If state bond proceeds are being used for the Ohio 13,156
sports facility, the state or a governmental agency owns or has 13,157
sufficient property interests in the facility or in the site of 13,158
the facility or in the portion or portions of the facility 13,159
financed from proceeds of state bonds, which may include, but is 13,160
295
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the 13,161
public at the facility, extending for a period of not less than 13,162
the greater of the useful life of the portion of the facility 13,163
financed from proceeds of those bonds as determined using the 13,164
guidelines for maximum maturities as provided under divisions 13,165
(B), (C), and (D) of section 133.20 of the Revised Code, or the 13,166
period of time remaining to the date of payment or provision for
payment of outstanding state bonds allocable to costs of the 13,167
facility, all as determined by the director of budget and 13,168
management and certified by the director to the Ohio arts and 13,169
sports facilities commission and to the Ohio building authority. 13,170
Sec. 3701.024. (A)(1) Under a procedure established in 13,179
rules adopted under section 3701.021 of the Revised Code, the 13,180
department of health shall determine the amount each county shall 13,181
provide annually for the program for medically handicapped 13,182
children, based on a proportion of the county's total general 13,183
property tax duplicate, not to exceed ONE-TENTH OF A MILL THROUGH 13,185
FISCAL YEAR 2005 AND three-tenths of a mill THEREAFTER, and 13,186
charge the county for any part of expenses incurred under the 13,187
program for treatment services on behalf of medically handicapped 13,188
children having legal settlement in the county that is not paid 13,189
from federal funds or through the medical assistance program 13,190
established under section 5111.01 of the Revised Code. The 13,191
department shall not charge the county for expenses exceeding the 13,192
difference between the amount determined under division (A)(1) of 13,193
this section and any amounts retained under divisions (A)(2) and 13,194
(3) of this section. 13,195
All amounts collected by the department under division 13,197
(A)(1) of this section shall be deposited into the state treasury 13,198
to the credit of the medically handicapped children-county 13,199
assessment fund, which is hereby created. The fund shall be used 13,200
by the department to comply with sections 3701.021 to 3701.028 of 13,201
the Revised Code. 13,202
296
(2) The department, in accordance with rules adopted under 13,204
section 3701.021 of the Revised Code, may allow each county to 13,205
retain up to ten per cent of the amount determined under division 13,206
(A)(1) of this section to provide funds to city or general health 13,207
districts of the county with which the districts shall provide 13,208
service coordination, public health nursing, or transportation 13,209
services for medically handicapped children. 13,210
(3) In addition to any amount retained under division 13,212
(A)(2) of this section, the department, in accordance with rules 13,213
adopted under section 3701.021 of the Revised Code, may allow 13,214
counties that it determines have significant numbers of 13,215
potentially eligible medically handicapped children to retain an 13,216
amount equal to the difference between: 13,217
(a) Twenty-five per cent of the amount determined under 13,219
division (A)(1) of this section; 13,220
(b) Any amount retained under division (A)(2) of this 13,222
section. 13,223
Counties shall use amounts retained under division (A)(3) 13,225
of this section to provide funds to city or general health 13,226
districts of the county with which the districts shall conduct 13,227
outreach activities to increase participation in the program for 13,228
medically handicapped children. 13,229
(4) Prior to any increase in the millage charged to a 13,231
county, the public health council shall hold a public hearing on 13,232
the proposed increase and shall give notice of the hearing to 13,233
each board of county commissioners that would be affected by the 13,234
increase at least thirty days prior to the date set for the 13,235
hearing. Any county commissioner may appear and give testimony 13,236
at the hearing. Any increase in the millage any county is 13,237
required to provide for the program for medically handicapped 13,238
children shall be determined, and notice of the amount of the 13,239
increase shall be provided to each affected board of county 13,240
commissioners, no later than the first day of June of the fiscal 13,241
year next preceding the fiscal year in which the increase will 13,242
297
take effect. 13,243
(B) Each board of county commissioners shall establish a 13,245
medically handicapped children's fund and shall appropriate 13,246
thereto an amount, determined in accordance with division (A)(1) 13,247
of this section, for the county's share in providing medical, 13,248
surgical, and other aid to medically handicapped children 13,249
residing in such county and for the purposes specified in 13,250
divisions (A)(2) and (3) of this section. Each county shall use 13,251
money retained under divisions (A)(2) and (3) of this section 13,252
only for the purposes specified in those divisions. 13,253
Sec. 3701.132. The department of health is hereby 13,262
designated as the state agency to administer the "special 13,263
supplemental food NUTRITION program for women, infants, and 13,265
children" established under the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1786, as amended. The public health council 13,266
may adopt rules pursuant to Chapter 119. of the Revised Code as 13,267
necessary for administering the program. THE RULES MAY INCLUDE 13,268
CIVIL MONEY PENALTIES FOR VIOLATIONS OF THE RULES. 13,269
In determining eligibility for services provided under the 13,271
program, the department may use the application form established 13,272
under section 5111.013 of the Revised Code for the healthy start 13,273
program. The department may require applicants to furnish their 13,274
social security numbers.
IF THE DEPARTMENT DETERMINES THAT A VENDOR HAS COMMITTED AN 13,276
ACT WITH RESPECT TO THE PROGRAM THAT FEDERAL STATUTES OR 13,277
REGULATIONS OR STATE STATUTES OR RULES PROHIBIT, THE DEPARTMENT 13,278
SHALL TAKE ACTION AGAINST THE VENDOR IN THE MANNER REQUIRED BY 7 13,279
C.F.R. PART 246, INCLUDING IMPOSITION OF A CIVIL MONEY PENALTY IN 13,280
ACCORDANCE WITH 7 C.F.R. 246.12, OR RULES ADOPTED UNDER THIS 13,281
SECTION.
Sec. 3701.23. (A) The director of health shall have 13,290
charge of the laboratory authorized by section 3701.22 of the 13,291
Revised Code. The director may employ an assistant for the 13,292
laboratory who shall be a person skilled in chemistry and 13,293
298
bacteriology, and receive for his services such compensation as 13,294
the director may allow. All expenses of such laboratory shall be 13,295
paid from appropriations made for the department of health. 13,296
(B)(1) The public health council, in accordance with 13,298
Chapter 119. of the Revised Code, shall adopt, and may amend or 13,299
rescind, rules establishing reasonable fees to be charged for 13,300
services that the laboratory performs. The council need not 13,302
prescribe fees to be charged in any case where the council 13,303
believes that the charging of fees would significantly and 13,304
adversely affect the public health. Except as provided in 13,305
division (B)(2) of this section, all fees collected for services 13,306
that the laboratory performs shall be deposited into the state 13,308
treasury to the credit of the "laboratory handling fee fund," 13,309
which is hereby created for the purpose of defraying expenses of 13,310
operating the laboratory. 13,311
(2) The council, in accordance with division (B)(1) of 13,313
this section, shall adopt a rule establishing a fee of not less 13,314
than fourteen dollars for tests of newborn children conducted 13,316
under section 3701.501 of the Revised Code. Of each such fee 13,317
collected on or after the rule's effective date, NOT LESS THAN 13,318
ten dollars and twenty-five cents shall be deposited into the 13,320
state treasury to the credit of the genetics services fund, which 13,321
is hereby created, and NOT LESS THAN three dollars and 13,322
seventy-five cents shall be deposited into the state treasury to 13,324
the credit of the sickle cell fund, which is hereby created. 13,325
Three NOT LESS THAN THREE dollars from each fee credited to the 13,327
genetics services fund shall be used to defray costs of 13,328
phenylketonuria programs. Seven NOT LESS THAN SEVEN dollars and 13,329
twenty-five cents of each fee credited to the genetics services 13,330
fund shall be used to defray the costs of the programs authorized 13,331
by section 3701.502 of the Revised Code. Money credited to the 13,332
sickle cell fund shall be used to defray costs of programs 13,333
authorized by section 3701.131 of the Revised Code. 13,334
Sec. 3770.06. (A) There is hereby created the state 13,343
299
lottery gross revenue fund, which shall be in the custody of the 13,344
treasurer of state but shall not be part of the state treasury. 13,345
All gross revenues received from sales of lottery tickets, fines, 13,346
fees, and related proceeds shall be deposited into the fund. The 13,347
treasurer of state shall invest any portion of the fund not 13,348
needed for immediate use in the same manner as, and subject to 13,349
all provisions of law with respect to the investment of, state 13,350
funds. The treasurer of state shall disburse money from the fund 13,351
on order of the director of the state lottery commission or the 13,352
director's designee. All revenues of the state lottery gross 13,353
revenue fund that are not paid to holders of winning lottery 13,354
tickets, that are not required to meet short-term prize 13,355
liabilities, that are not paid to lottery sales agents in the 13,356
form of agent bonuses, commissions, or reimbursements, and that 13,357
are not paid to financial institutions to reimburse such 13,358
institutions for sales agent nonsufficient funds shall be 13,359
transferred to the state lottery fund, which is hereby created in 13,360
the state treasury. All investment earnings of the fund shall be 13,361
credited to the fund. Moneys shall be disbursed from the state 13,362
lottery fund pursuant to vouchers approved by the director of the 13,363
state lottery commission. Total disbursements for monetary prize 13,364
awards to holders of winning lottery tickets and purchases of 13,365
goods and services awarded as prizes to holders of winning 13,366
lottery tickets shall be of an amount equal to at least fifty per 13,367
cent of the total revenue accruing from the sale of lottery 13,368
tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 13,370
Constitution, there is hereby established in the state treasury 13,371
the lottery profits education fund. Whenever, in the judgment of 13,372
the director of budget and management, the amount to the credit 13,373
of the state lottery fund is in excess of that needed to meet the 13,374
maturing obligations of the commission and as working capital for 13,375
its further operations, the director shall transfer the excess to 13,377
the lottery profits education fund, provided that the amount to
300
be transferred into the lottery profits education fund shall 13,378
equal no less than thirty per cent of the total revenue accruing 13,379
from the sale of lottery tickets. Investment earnings of the 13,380
lottery profits education fund shall be credited to the fund. 13,381
There shall also be credited to the fund any repayments of moneys 13,382
loaned from the educational excellence investment fund. The 13,383
lottery profits education fund shall be used solely for the 13,384
support of elementary, secondary, vocational, and special 13,385
education programs as determined in appropriations made by the 13,386
general assembly, OR AS PROVIDED IN APPLICABLE BOND PROCEEDINGS 13,387
FOR THE PAYMENT OF DEBT SERVICE ON OBLIGATIONS ISSUED TO PAY 13,388
COSTS OF CAPITAL FACILITIES, INCLUDING THOSE FOR A SYSTEM OF 13,389
COMMON SCHOOLS THROUGHOUT THE STATE PURSUANT TO SECTION 2n OF 13,390
ARTICLE VIII, OHIO CONSTITUTION. When determining the 13,391
availability of money in the lottery profits education fund, the 13,393
director of budget and management may consider all balances and 13,394
estimated revenues of the fund. 13,395
From the amounts that the director of budget and management 13,397
transfers in any fiscal year from the state lottery fund to the 13,398
lottery profits education fund, the director shall transfer the 13,400
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 13,401
service fund created in division (R)(Q) of section 3318.26 of the 13,402
Revised Code to be pledged for the purpose of paying bond service 13,404
charges as defined in division (C) of section 3318.21 of the 13,405
Revised Code on one or more issuances of obligations, which 13,406
obligations are issued to provide moneys for the school building 13,407
program assistance fund created in section 3318.25 of the Revised 13,408
Code.
(C) There is hereby established in the state treasury the 13,410
deferred prizes trust fund. With the approval of the director of 13,411
budget and management, an amount sufficient to fund annuity 13,412
prizes shall be transferred from the state lottery fund and 13,413
credited to the trust fund. The treasurer of state shall credit 13,415
301
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 13,416
fiscal year, the director of budget and management shall certify 13,417
the amount of investment earnings necessary to have been credited 13,418
to the trust fund during the fiscal year just ending to provide 13,419
for continued funding of deferred prizes. Any earnings credited 13,420
in excess of this certified amount shall be transferred to the 13,421
lottery profits education fund. To provide all or a part of the 13,422
amounts necessary to fund deferred prizes awarded by the 13,423
commission, the treasurer of state, in consultation with the 13,424
commission, may invest moneys contained in the deferred prizes 13,425
trust fund in obligations of the type permitted for the 13,426
investment of state funds but whose maturities are thirty years 13,427
or less. Investments of the deferred prizes trust fund are not 13,428
subject to the provisions of division (A)(10) of section 135.143 13,429
of the Revised Code limiting to five per cent the amount of the 13,430
state's total average portfolio that may be invested in debt
interests and limiting to one half of one per cent the amount 13,431
that may be invested in debt interests of a single issuer. 13,432
All purchases made under this division shall be effected on 13,434
a delivery versus payment method and shall be in the custody of 13,435
the treasurer of state. 13,436
The treasurer of state may retain an investment advisor, if 13,438
necessary. The commission shall pay any costs incurred by the 13,439
treasurer of state in retaining an investment advisor. 13,440
(D) The auditor of state shall conduct annual audits of 13,443
all funds and such other audits as the auditor of state or the 13,444
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 13,445
commission, and such records of lottery sales agents as pertain 13,446
to their activities as agents, for purposes of conducting 13,447
authorized audits.
The state lottery commission shall establish an internal 13,449
audit program before the beginning of each fiscal year, subject 13,450
302
to the approval of the auditor of state. At the end of each 13,451
fiscal year, the commission shall prepare and submit an annual 13,452
report to the auditor of state for the auditor of state's review 13,453
and approval, specifying the internal audit work completed by the 13,454
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 13,455
report shall be prescribed by the auditor of state under division 13,456
(C) of section 117.20 of the Revised Code. 13,457
(E) WHENEVER, IN THE JUDGMENT OF THE DIRECTOR OF BUDGET 13,459
AND MANAGEMENT, AN AMOUNT OF NET STATE LOTTERY PROCEEDS IS 13,460
NECESSARY TO BE APPLIED TO THE PAYMENT OF DEBT SERVICE ON 13,461
OBLIGATIONS, ALL AS DEFINED IN SECTIONS 151.01 AND 151.03 OF THE 13,462
REVISED CODE, THE DIRECTOR SHALL TRANSFER THAT AMOUNT DIRECTLY
FROM THE STATE LOTTERY FUND OR FROM THE LOTTERY PROFITS EDUCATION 13,463
FUND TO THE BOND SERVICE FUND DEFINED IN THOSE SECTIONS. THE 13,464
PROVISIONS OF DIVISION (E) OF THIS SECTION ARE SUBJECT TO ANY 13,465
PRIOR PLEDGES OR OBLIGATION OF THOSE AMOUNTS TO THE PAYMENT OF 13,466
BOND SERVICE CHARGES AS DEFINED IN DIVISION (C) OF SECTION 13,467
3318.21 OF THE REVISED CODE, AS REFERRED TO IN DIVISION (B) OF 13,468
THIS SECTION.
Sec. 4104.45. (A) Except as otherwise provided in section 13,478
4104.44 of the Revised Code, new power, refrigerating, hydraulic, 13,479
heating, liquefied petroleum gas, oxygen, and other gaseous 13,480
piping systems shall be thoroughly inspected in accordance with 13,481
the rules of the board of building standards. Such inspection 13,482
shall be by one of the following:
(1) General inspectors of pressure piping systems; 13,484
(2) Special inspectors provided for in section 4104.43 of 13,487
the Revised Code; 13,488
(3) Local inspectors provided for in section 4104.43 of 13,490
the Revised Code. 13,491
(B) Owners or users of pressure piping systems required to 13,493
be inspected under this section shall pay to the division of 13,494
industrial compliance in the department of commerce a fee of one 13,496
303
hundred fifty dollars plus AN ADDITIONAL FEE DETERMINED AS 13,497
FOLLOWS:
(1) ON OR BEFORE JUNE 30, 2000, two per cent of the actual 13,500
cost of the system for each inspection made by a general 13,501
inspector;
(2) ON JULY 1, 2000, AND THROUGH JUNE 30, 2001, ONE AND 13,503
EIGHT-TENTHS PER CENT OF THE ACTUAL COST OF THE SYSTEM FOR EACH 13,504
INSPECTION MADE BY A GENERAL INSPECTOR; 13,505
(3) ON AND AFTER JULY 1, 2001, ONE PER CENT OF THE ACTUAL 13,507
COST OF THE SYSTEM FOR EACH INSPECTION MADE BY A GENERAL 13,508
INSPECTOR.
(C) The board of building standards, subject to the 13,510
approval of the controlling board, may establish a fee in excess 13,511
of the fee provided in division (B) of this section, provided 13,512
that the fee does not exceed the amount established in this 13,513
section by more than fifty per cent. 13,514
(D) In addition to the fee assessed in division (B) of 13,516
this section, the board of building standards shall assess the 13,517
owner or user a fee of three dollars and twenty-five cents for 13,518
each system inspected pursuant to this section. The board shall 13,519
adopt rules, in accordance with Chapter 119. of the Revised Code, 13,520
specifying the manner by which the superintendent of the division 13,522
of industrial compliance in the department of commerce shall
collect and remit to the board the fees assessed under this 13,524
division and requiring that remittance of the fees be made at 13,525
least quarterly.
(E) Any moneys collected under this section shall be paid 13,527
into the state treasury to the credit of the industrial 13,528
compliance operating fund created in section 121.084 of the 13,529
Revised Code.
(F) Any person who fails to pay an inspection fee required 13,531
for any inspection conducted by the division pursuant to this 13,533
chapter within forty-five days after the inspection is conducted 13,534
shall pay a late payment fee equal to twenty-five per cent of the 13,535
304
inspection fee.
(G) The superintendent may issue adjudication orders as 13,537
necessary for the enforcement of sections 4104.41 to 4104.46 of 13,538
the Revised Code and rules adopted under those sections. No 13,540
person shall violate or fail to comply with the terms and 13,541
conditions of an adjudication order issued under this division.
Adjudication orders issued pursuant to this division and appeals 13,542
thereof are governed by section 3781.19 of the Revised Code. 13,543
Sec. 4105.12. (A) The superintendent of the division of 13,552
industrial compliance shall adopt, amend, and repeal rules 13,554
exclusively for the ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION 13,555
OF CERTIFICATES OF COMPETENCY AND CERTIFICATES OF OPERATION, FOR 13,556
THE CONDUCT OF HEARINGS RELATED TO THESE ACTIONS, AND FOR THE 13,557
inspection of elevators, and in no way.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, THE 13,559
SUPERINTENDENT SHALL NOT ADOPT RULES relating to construction, 13,560
maintenance, and repair of elevators. 13,562
Sec. 4105.15. No certificate of operation for any elevator 13,571
shall be issued by the director of commerce until such elevator 13,572
has been inspected and the report thereof filed with the 13,573
superintendent of the division of industrial compliance. Such 13,574
certificate AS REQUIRED BY THIS CHAPTER. CERTIFICATES of 13,575
operation, when issued, shall bear the date of inspection, and 13,576
shall be renewed as of the date of the subsequent inspection, 13,577
provided such inspection is made at least one year after the 13,578
issuance of such certificate. If such inspection is made during 13,579
the year such certificate is in force, the renewal date shall be
one year from the date of the certificate being renewed and the 13,580
renewal certificate shall show the date of inspection. No 13,581
renewal of such certificate shall be authorized except under BY 13,582
THE OWNER OR USER OF THE ELEVATOR IN ACCORDANCE WITH RULES 13,583
ADOPTED BY THE SUPERINTENDENT OF THE DIVISION OF INDUSTRIAL 13,584
COMPLIANCE PURSUANT TO section 4105.11 4105.12 of the Revised 13,585
Code.
305
Sec. 4751.04. (A) The board of examiners of nursing home 13,594
administrators shall: 13,595
(1) Develop, adopt, impose, and enforce regulations 13,597
prescribing standards which must be met by individuals in order 13,598
to receive a license as a nursing home administrator, which 13,599
standards shall be designed to ensure that nursing home 13,600
administrators are of good character and are otherwise suitable, 13,601
and who, by training and experience, are qualified to serve as 13,602
nursing home administrators; 13,603
(2) Develop and apply appropriate techniques, including 13,605
examinations and investigations, for determining whether an 13,606
individual meets such standards; 13,607
(3) Issue licenses and registrations to individuals 13,609
determined, after application of such techniques, to meet such 13,610
standards, and revoke or suspend licenses or registrations 13,611
previously issued by the board in any case where the individual 13,612
holding such license or registration is determined to have failed 13,613
substantially to conform to the requirements of such standards; 13,614
(4) Develop, adopt, impose, and enforce regulations and 13,616
procedures designed to ensure that individuals holding a 13,617
temporary license, or licensed as nursing home administrators 13,618
will, during any period that they serve as such, comply with 13,619
Chapter 4751. of the Revised Code and the regulations adopted 13,620
thereunder; 13,621
(5) Receive, investigate, and take appropriate action with 13,623
respect to any charge or complaint filed with the board to the 13,624
effect that any individual licensed as a nursing home 13,625
administrator has failed to comply with Chapter 4751. of the 13,626
Revised Code and the regulations adopted thereunder; 13,627
(6) Take such other actions as may be necessary to enable 13,629
the state to meet the requirements set forth in the "Social 13,630
Security Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 13,631
g; 13,632
(7) Pay all license and registration fees collected under 13,634
306
Chapter 4751. of the Revised Code into the general operations 13,635
fund created by section 3701.83 of the Revised Code to be used in 13,636
administering and enforcing this chapter and the rules adopted 13,637
under it; 13,638
(8) Hold ADMINISTER, OR CONTRACT WITH A GOVERNMENT OR 13,640
PRIVATE ENTITY TO ADMINISTER, examinations at least two times 13,641
each year, at such times and places as the board shall designate 13,643
FOR LICENSURE AS A NURSING HOME ADMINISTRATOR. IF THE BOARD 13,644
CONTRACTS WITH A GOVERNMENT OR PRIVATE ENTITY TO ADMINISTER THE 13,645
EXAMINATIONS, THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT 13,646
AND KEEP, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 13,647
CONTRACT, ANY FEE AN APPLICANT FOR LICENSURE PAYS TO TAKE AN
EXAMINATION. THE ENTITY IS NOT REQUIRED TO DEPOSIT THE FEE INTO 13,648
THE STATE TREASURY.
(B) In the administration and enforcement of Chapter 4751. 13,650
of the Revised Code, and the regulations adopted thereunder, the 13,651
board is subject to Chapter 119. of the Revised Code and sections 13,652
4743.01 and 4743.02 of the Revised Code except that a notice of 13,653
appeal of an order of the board adopting, amending, or rescinding 13,654
a rule or regulation does not operate as a stay of the effective 13,655
date of such order as provided in section 119.11 of the Revised 13,656
Code. The court, at its discretion, may grant a stay of any 13,657
regulation in its application against the person filing the 13,658
notice of appeal. 13,659
Sec. 4751.041. EXCEPT WHEN THE BOARD OF EXAMINERS OF 13,661
NURSING HOME ADMINISTRATORS CONSIDERS IT NECESSARY, THE BOARD 13,662
SHALL NOT DISCLOSE TEST MATERIALS, EXAMINATIONS, OR EVALUATION 13,663
TOOLS USED IN AN EXAMINATION FOR LICENSURE AS A NURSING HOME 13,664
ADMINISTRATOR THAT THE BOARD ADMINISTERS UNDER SECTION 4751.04 OF 13,665
THE REVISED CODE OR CONTRACTS UNDER THAT SECTION WITH A PRIVATE 13,666
OR GOVERNMENT ENTITY TO ADMINISTER.
Sec. 4751.05. (A) The board of examiners of nursing home 13,675
administrators, OR A GOVERNMENT OR PRIVATE ENTITY UNDER CONTRACT 13,676
WITH THE BOARD TO ADMINISTER EXAMINATIONS FOR LICENSURE AS A 13,677
307
NURSING HOME ADMINISTRATOR, shall admit to AN examination for 13,678
licensure as a nursing home administrator any candidate who: 13,680
(1) Pays the application fee of fifty dollars; 13,682
(2) Submits evidence of good moral character and 13,684
suitability; 13,685
(3) Is at least eighteen years of age; 13,687
(4) Has completed educational requirements and work 13,689
experience satisfactory to the board; 13,690
(5) Submits an application on forms prescribed by the 13,692
board; 13,693
(6) Pays the examination fee of one hundred fifty dollars 13,695
CHARGED BY THE BOARD OR GOVERNMENT OR PRIVATE ENTITY. 13,696
(B) Nothing in Chapter 4751. of the Revised Code or the 13,698
rules adopted thereunder shall be construed to require an 13,699
applicant for licensure or a temporary license, who is employed 13,700
by an institution for the care and treatment of the sick to 13,702
demonstrate proficiency in any medical techniques or to meet any 13,703
medical educational qualifications or medical standards not in 13,704
accord with the remedial care and treatment provided by the 13,705
institution if the institution is all of the following: 13,706
(1) Operated exclusively for patients who use spiritual 13,708
means for healing and for whom the acceptance of medical care is 13,709
inconsistent with their religious beliefs; 13,710
(2) Accredited by a national accrediting organization; 13,712
(3) Exempt from federal income taxation under section 501 13,714
of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 13,716
1, as amended; 13,717
(4) Providing twenty-four hour nursing care pursuant to 13,719
the exemption in division (G) of section 4723.32 of the Revised 13,720
Code from the licensing requirements of Chapter 4723. of the 13,721
Revised Code.
(C) If a person fails three times to attain a passing 13,723
grade on the examination, said person, before the person may 13,724
again be admitted to examination, shall meet such additional 13,725
308
education or experience requirements, or both, as may be 13,726
prescribed by the board. 13,727
Sec. 4751.06. (A) An applicant for licensure as a nursing 13,736
home administrator who has successfully completed the 13,737
requirements of section 4751.05 of the Revised Code, passed the 13,739
examination prescribed ADMINISTERED by the board of examiners of 13,740
nursing home administrators OR A GOVERNMENT OR PRIVATE ENTITY 13,741
UNDER CONTRACT WITH THE BOARD, and paid to the board an original 13,742
license fee of two hundred ten dollars shall be issued a license 13,743
on a form provided by the board. Such license shall certify that 13,744
the applicant has met the licensure requirements of Chapter 4751. 13,745
of the Revised Code and is entitled to practice as a licensed 13,746
nursing home administrator. 13,747
(B) A temporary license for a period not to exceed one 13,749
hundred eighty days may be issued to an individual temporarily 13,750
filling the position of a nursing home administrator vacated by 13,751
reason of death, illness, or other unexpected cause, pursuant to 13,752
regulations adopted by the board. 13,753
(C) The fee for a temporary license is one hundred 13,755
dollars. Said fee must accompany the application for the 13,756
temporary license. 13,757
(D) Any license or temporary license issued by the board 13,759
pursuant to this section shall be under the hand of the 13,760
chairperson and the secretary of the board. 13,761
(E) A duplicate of the original certificate of 13,763
registration or license may be secured to replace one that has 13,764
been lost or destroyed by submitting to the board a notarized 13,765
statement explaining the conditions of the loss, mutilation, or 13,766
destruction of the certificate or license and by paying a fee of 13,767
twenty-five dollars. 13,768
(F) A duplicate certificate of registration and license 13,770
may be issued in the event of a legal change of name by 13,771
submitting to the board a certified copy of the court order or 13,772
marriage license establishing the change of name, by returning at 13,773
309
the same time the original license and certificate of 13,774
registration, and by paying a fee of twenty-five dollars. 13,775
Sec. 4905.01. As used in this chapter: 13,784
(A) "Railroad" has the meaning set forth in section 13,786
4907.02 of the Revised Code. 13,787
(B) "Motor transportation company" has the meaning set 13,789
forth in sections 4905.03 and 4921.02 of the Revised Code. 13,790
(C) "Trailer," "public highway," "fixed termini," "regular 13,792
route," and "irregular route" have the meanings set forth in 13,793
section 4921.02 of the Revised Code. 13,794
(D) "Private motor carrier," "contract carrier by motor 13,796
vehicle," "motor vehicle," and "charter party trip" have the 13,797
meanings set forth in section 4923.02 of the Revised Code. 13,798
(E) "Delivery cost" means the cost of delivery of fuel, to 13,800
be used for the generation of electricity, from the site of 13,801
production directly to the site of an electric generating 13,802
facility. 13,803
(F) "Acquisition cost" means the cost to an electric light 13,805
company of acquiring fuel for generation of electricity. In the 13,806
case of a fuel supply owned by the company, such term shall also 13,807
include the cost of legally extracting the fuel and its handling 13,808
prior to its shipment to the company. In the case of a coal 13,809
supply owned or controlled in whole or in part by the company, 13,810
such term shall not exceed a price that is, in the judgment of 13,811
the public utilities commission, reasonable when compared to the 13,812
average cost per million British thermal units of similar quality 13,813
coal purchased from all independent like mining operations under 13,814
similar term contracts during the same period. In determining a 13,815
reasonable price for coal from a coal supply owned or controlled 13,816
in whole or in part by the company, the public utilities 13,817
commission shall consider the use of: 13,818
(1) Capital by the developer of the mining operation in a 13,820
manner that did not: 13,821
(a) Take into account intermediate or long-term trends in 13,823
310
the coal mining industry; or 13,824
(b) Incorporate a design consistent with long-term 13,826
dependability; and 13,827
(c) Take into account the intermediate or long-term cost 13,829
and reliable energy supply interests of the company's customers; 13,830
or 13,831
(2) Ineffective operating techniques. Such term 13,833
"ACQUISITION COST" does not embrace any associated cost, 13,836
including, but not limited to, delivery cost, the cost of 13,837
handling the fuel after its delivery to such facility, the cost 13,838
of such processing, readying, or refinement of the fuel as may be 13,839
necessary in order to use the fuel to generate electricity, or 13,840
the cost of disposing of any residue of such fuel after it has 13,841
been so used. To the extent the washing of coal is required, by 13,842
law or rule, to remove or reduce sulfur compounds or any other 13,843
impurity, "acquisition cost" includes the cost of such washing. 13,844
(G) "Fuel component" means acquisition and delivery costs 13,846
of fuel for the generation of electricity, including the 13,847
allowable costs of purchased power as defined in section 4909.159 13,848
of the Revised Code, divided by the corresponding number of net 13,849
kilowatt hours generated and purchased. 13,850
(H) "Base period" means the most recent six-month period 13,852
for which the public utilities commission has determined either 13,853
the amount of the fuel component or the fuel cost per kilowatt 13,854
hour included in the base rates of an electric light company, 13,855
whichever is last determined. 13,856
(I) "Current period" means the six-month period 13,858
immediately succeeding the base period for which the public 13,859
utilities commission has determined the amount of the fuel 13,860
component in the base rate of an electric light company. 13,861
(J) "Ohio coal research and development costs" means all 13,863
reasonable costs associated with a facility or project undertaken 13,864
by a public utility for which a recommendation to allow the 13,865
recovery of costs associated therewith has been made under 13,866
311
division (B)(8)(7) of section 1551.33 of the Revised Code, 13,867
including, but not limited to, capital costs, such as costs of 13,868
debt and equity; construction and operation costs; termination 13,869
and retirement costs; costs of feasibility and marketing studies 13,870
associated with the project; and the acquisition and delivery 13,871
costs of Ohio coal used in the project, less any expenditures of 13,872
grant moneys. 13,873
(K) "Compliance facility" means property that is designed, 13,875
constructed, or installed, and used, at a coal-fired electric 13,876
generating facility for the primary purpose of complying with 13,877
Phase I acid rain control requirements under Title IV of the 13,878
"Clean Air Act Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 13,879
7651, and that controls or limits emissions of sulfur or nitrogen 13,880
compounds resulting from the combustion of coal through the 13,881
removal or reduction of those compounds before, during, or after 13,882
the combustion of the coal, but before the combustion products 13,883
are emitted into the atmosphere. "Compliance facility" also 13,884
includes any of the following: 13,885
(1) A facility that removes sulfur compounds from coal 13,887
before the combustion of the coal and that is located off the 13,888
premises of the electric generating facility where the coal 13,889
processed by the compliance facility is burned; 13,890
(2) Modifications to the electric generating facility 13,892
where the compliance facility is constructed or installed that 13,893
are necessary to accommodate the construction or installation, 13,894
and operation, of the compliance facility; 13,895
(3) A byproduct disposal facility, as defined in section 13,897
3734.051 of the Revised Code, that exclusively disposes of wastes 13,898
produced by the compliance facility and other coal combustion 13,899
byproducts produced by the generating unit in or to which the 13,900
compliance facility is incorporated or connected regardless of 13,901
whether the byproduct disposal facility is located on the same 13,902
premises as the compliance facility or generating unit that 13,903
produces the wastes disposed of at the facility; 13,904
312
(4) Facilities or equipment that is acquired, constructed, 13,906
or installed, and used, at a coal-fired electric generating 13,907
facility exclusively for the purpose of handling the byproducts 13,908
produced by the compliance facility or other coal combustion 13,909
byproducts produced by the generating unit in or to which the 13,910
compliance facility is incorporated or connected. 13,911
Sec. 4906.03. The power siting board shall: 13,920
(A) Require such information from persons subject to its 13,922
jurisdiction as it considers necessary to assist in the conduct 13,923
of hearings and any investigations or studies it may undertake; 13,924
(B) Conduct any studies or investigations which THAT it 13,926
considers necessary or appropriate to carry out its 13,927
responsibilities under this chapter; 13,928
(C) Adopt rules establishing criteria for evaluating the 13,930
effects on environmental values of proposed and alternative 13,931
sites, and projected needs for electric power, and such other 13,932
rules as are necessary and convenient to implement this chapter, 13,933
including rules governing application fees, supplemental 13,934
application fees, and other reasonable fees to be paid by persons 13,935
subject to the board's jurisdiction. The board shall make an 13,936
annual accounting of its collection and use of these fees and 13,937
shall issue an annual report of its accounting, in the form and 13,938
manner prescribed by its rules, not later than the last day of 13,939
June of the year following the calendar year to which the report 13,940
applies. 13,941
(D) Approve or disapprove applications for certificates; 13,943
(E) Notwithstanding sections 4906.06 to 4906.14 of the 13,945
Revised Code, the board may adopt rules to provide for an 13,946
abbreviated review of an application for a construction 13,947
certificate for construction of a major utility facility related 13,948
to a coal research and development project as defined in section 13,949
1555.01 of the Revised Code, or to a coal development project as 13,950
defined in section 1551.30 of the Revised Code, submitted to the 13,951
Ohio coal development office for review under division (B)(8)(7) 13,953
313
of section 1551.33 of the Revised Code. Applications for 13,954
construction certificates for construction of major utility 13,955
facilities for Ohio coal research and development shall be filed 13,956
with the board on the same day as the proposed facility or 13,957
project is submitted to the Ohio coal development office for 13,958
review. 13,959
The board shall render a decision on an application for a 13,961
construction certificate within ninety days after receipt of the 13,962
application and all of the data and information it may require 13,963
from the applicant. In rendering a decision on an application 13,964
for a construction certificate, the board shall only consider the 13,965
criteria and make the findings and determinations set forth in 13,966
divisions (A)(2), (3), (5), and (7) and division (B) of section 13,967
4906.10 of the Revised Code. 13,968
Sec. 4928.20. (A) On or after the starting date of 13,977
competitive retail electric service, the THE legislative 13,978
authority of a municipal corporation may adopt an ordinance, or 13,980
the board of township trustees of a township or the board of 13,981
county commissioners of a county may adopt a resolution, under 13,982
which, ON OR AFTER THE STARTING DATE OF COMPETITIVE RETAIL 13,983
ELECTRIC SERVICE, it may aggregate in accordance with this 13,984
section the retail electrical loads located, respectively, within 13,985
the municipal corporation, township, or unincorporated area of 13,986
the county and, for that purpose, may enter into service 13,987
agreements to facilitate for those loads the sale and purchase of 13,988
electricity. The legislative authority or board also may 13,989
exercise such authority jointly with any other such legislative 13,990
authority or board. An ordinance or resolution under this 13,991
division shall specify whether the aggregation will occur only 13,992
with the prior consent of each person owning, occupying,
controlling, or using an electric load center proposed to be 13,993
aggregated or will occur automatically for all such persons 13,994
pursuant to the opt-out requirements of division (D) of this 13,995
section. Nothing in this division, however, authorizes the 13,996
314
aggregation of such retail electric loads of an electric load 13,998
center, as defined in section 4933.81 of the Revised Code, that 13,999
is located in the certified territory of a nonprofit electric 14,001
supplier under sections 4933.81 to 4933.90 of the Revised Code or 14,002
an electric load center served by transmission or distribution 14,004
facilities of a municipal electric utility.
(B) If an ordinance or resolution adopted under division 14,006
(A) of this section specifies that aggregation will occur 14,007
automatically as described in that division, the ordinance or 14,008
resolution shall direct the board of elections to submit the 14,009
question of the authority to aggregate to the electors of the 14,010
respective municipal corporation, township, or unincorporated 14,011
area of a county at a special election on the day of the next 14,012
primary or general election in the municipal corporation, 14,013
township, or county. The legislative authority or board shall 14,014
certify a copy of the ordinance or resolution to the board of 14,015
elections not less than seventy-five days before the day of the 14,016
special election. No ordinance or resolution adopted under 14,017
division (A) of this section that provides for an election under 14,018
this division shall take effect unless approved by a majority of 14,019
the electors voting upon the ordinance or resolution at the
election held pursuant to this division. 14,021
(C) Upon the applicable requisite authority under 14,023
divisions (A) and (B) of this section, the legislative authority 14,024
or board shall develop a plan of operation and governance for the 14,025
aggregation program so authorized. Before adopting a plan under 14,026
this division, the legislative authority or board shall hold at 14,027
least two public hearings on the plan. Before the first hearing, 14,028
the legislative authority or board shall publish notice of the 14,029
hearings once a week for two consecutive weeks in a newspaper of 14,030
general circulation in the jurisdiction. The notice shall 14,031
summarize the plan and state the date, time, and location of each 14,032
hearing. 14,033
(D) No legislative authority or board, pursuant to an 14,035
315
ordinance or resolution under divisions (A) and (B) of this 14,036
section that provides for automatic aggregation as described in 14,037
division (A) of this section, shall aggregate the electrical load 14,038
of any electric load center located within its jurisdiction 14,040
unless it in advance clearly discloses to the person owning,
occupying, controlling, or using the load center that the person 14,042
will be enrolled automatically in the aggregation program and 14,043
will remain so enrolled unless the person affirmatively elects by 14,044
a stated procedure not to be so enrolled. The disclosure shall 14,045
state prominently the rates, charges, and other terms and 14,046
conditions of enrollment. The stated procedure shall allow any 14,047
person enrolled in the aggregation program the opportunity to opt 14,048
out of the program every two years, without paying a switching 14,049
fee. Any such person that opts out of the aggregation program 14,051
pursuant to the stated procedure shall default to the standard 14,052
service offer provided under division (A) of section 4928.14 or 14,053
division (D) of section 4928.35 of the Revised Code until the 14,054
person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a 14,056
municipal corporation that is authorized pursuant to division (A) 14,057
to (D) of this section, resolutions may be proposed by initiative 14,058
or referendum petitions in accordance with sections 731.28 to 14,059
731.41 of the Revised Code. 14,060
(2) With respect to a governmental aggregation for a 14,062
township or the unincorporated area of a county, which 14,063
aggregation is authorized pursuant to division (A) to (D) of this 14,064
section, resolutions may be proposed by initiative or referendum 14,065
petitions in accordance with sections 731.28 to 731.40 of the 14,066
Revised Code, except that: 14,067
(a) The petitions shall be filed, respectively, with the 14,069
township clerk or the board of county commissioners, who shall 14,070
perform those duties imposed under those sections upon the city 14,072
auditor or village clerk.
(b) The petitions shall contain the signatures of not less 14,074
316
than ten per cent of the total number of electors in, 14,075
respectively, the township or the unincorporated area of the 14,077
county who voted for the office of governor at the preceding 14,078
general election for that office in that area.
(F) A governmental aggregator under division (A) of this 14,080
section is not a public utility engaging in the wholesale 14,081
purchase and resale of electricity, and provision of the 14,082
aggregated service is not a wholesale utility transaction. A 14,084
governmental aggregator shall be subject to supervision and 14,085
regulation by the public utilities commission only to the extent 14,086
of any competitive retail electric service it provides and 14,087
commission authority under this chapter.
(G) This section does not apply in the case of a municipal 14,089
corporation that supplies such aggregated service to electric 14,090
load centers to which its municipal electric utility also 14,091
supplies a noncompetitive retail electric service through 14,092
transmission or distribution facilities the utility singly or 14,093
jointly owns or operates. 14,094
Sec. 5528.32. There is hereby created in the state 14,103
treasury the highway obligations bond retirement fund. The faith 14,104
and credit of the state and the excises, and taxes thereof, 14,105
excluding ad valorem taxes on real and personal property and 14,106
income taxes, but including fees, excises, or license taxes 14,107
relating to the registration, operation, or use of vehicles on 14,108
the public highways, or to fuels used for propelling such 14,109
vehicles, are hereby pledged to the payment of the principal of 14,110
and interest on highway obligations issued pursuant to Section 2i 14,111
of Article VIII, Ohio Constitution, and sections 5528.30 and 14,112
5528.31 of the Revised Code, and so long as such obligations are 14,113
outstanding, there shall be levied and collected, in amounts 14,114
sufficient to pay the principal of and interest on such 14,115
obligations, excises, and taxes, excluding those above excepted. 14,116
The principal of and interest on such highway obligations are 14,117
payable from such excises and taxes, except those above 14,118
317
enumerated, and, during the period beginning with the effective 14,119
date of the first authorization to issue such highway obligations 14,120
and continuing during such time as such highway obligations are 14,121
outstanding, and so long as moneys in the fund are insufficient 14,122
to pay all interest, principal, and charges of such highway 14,123
obligations becoming due in each year, a sufficient amount of 14,124
such excises and taxes, after making provision in accordance with 14,125
sections 129.54, 129.55, 129.63, 129.73, 5528.14, 5528.15, 14,126
5528.16, and 5528.17 of the Revised Code, for the amounts 14,127
required by Sections 2f, SECTION 2g, and 2h of Article VIII, Ohio 14,130
Constitution, for obligations heretofore or hereafter issued 14,131
pursuant to such sections SECTION of Article VIII, Ohio 14,132
Constitution, and pursuant to former section 129.70 of the 14,134
Revised Code and Section 2i of Article VIII, Ohio Constitution, 14,135
is hereby appropriated in each year for the purpose of paying the 14,136
interest, principal, and charges for the issuance and retirement 14,137
of highway obligations issued pursuant to sections 5528.30 and 14,138
5528.31 of the Revised Code becoming due in that year without 14,139
necessity for further act of appropriation for such purpose, and 14,140
the levy and collection of such excises and taxes and their 14,141
application to the payment of the interest, principal, and 14,142
charges for the issuance and retirement of such obligations, as 14,143
provided in this section, shall continue and is hereby covenanted 14,144
with the holders of such obligations to be continued so long as 14,145
such obligations are outstanding and the moneys to the credit of 14,146
the fund are insufficient to pay all interest, principal, and 14,147
charges of all such highway obligations. 14,148
The director of budget and management shall establish and 14,150
maintain records or accounts for or within the fund in such 14,151
manner as to show that the amounts paid to such fund pursuant to 14,152
section 5528.31 of the Revised Code are used only for the payment 14,153
of principal of notes or bonds as provided for in such section. 14,154
Except as otherwise provided in the second paragraph of section 14,155
5528.31 of the Revised Code, the moneys credited to the fund 14,156
318
shall be expended for the purpose of paying interest, principal, 14,157
and charges for the issuance and retirement of obligations issued 14,158
pursuant to Section 2i of Article VIII, Ohio Constitution, and 14,159
sections 5528.30 and 5528.31 of the Revised Code. All moneys 14,160
credited to such fund are hereby pledged and appropriated without 14,161
necessity for further act of appropriation to meet payments of 14,162
interest, principal, and charges for the issuance and retirement 14,163
of obligations issued pursuant to Section 2i of Article VIII, 14,164
Ohio Constitution, and sections 5528.30 and 5528.31 of the 14,165
Revised Code upon the order of the commissioners of the sinking 14,166
fund, provided that moneys credited to such fund pursuant to the 14,167
second paragraph of section 5528.31 of the Revised Code are 14,168
hereby pledged and appropriated to meet only payments of 14,169
principal of notes or bonds issued pursuant to Section 2i of 14,170
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 14,171
of the Revised Code as provided for in the second paragraph of 14,172
section 5528.31 of the Revised Code. 14,173
Sec. 5528.36. In the event the moneys to the credit of the 14,182
highway obligations bond retirement fund created by section 14,183
5528.32 of the Revised Code are insufficient, either in amount or 14,184
by reason of restrictions provided for in the second paragraph of 14,185
section 5528.31 of the Revised Code on the use thereof to the 14,186
payment only of the principal of specified issues of notes or of 14,187
bonds, to meet in full all payments of interest, principal, and 14,188
charges for the retirement of obligations issued pursuant to 14,189
Section 2i of Article VIII, Ohio Constitution, and sections 14,190
5528.30 and 5528.31 of the Revised Code due and payable during 14,191
the current calendar year, except the principal of notes that the 14,193
commissioners of the sinking fund certify will be retired by the 14,194
issuance of bonds or renewal notes but including deposits
required by the second paragraph of section 5528.31 of the 14,195
Revised Code, the commissioners of the sinking fund may on or 14,196
before the fifteenth day of January of any such year or any time 14,197
or times during such calendar year, but shall in any event within 14,198
319
ten days prior to the time any such payments are due or prior to 14,199
the date the payments required by the second paragraph of section 14,200
5528.31 of the Revised Code become due, certify to the treasurer 14,201
of state the total amount of such payments of principal, 14,202
interest, or charges, the amount of moneys to the credit of the 14,203
highway obligations bond retirement fund created by section 14,204
5528.32 of the Revised Code, the amount thereof the use of which 14,205
is restricted by the second paragraph of section 5528.31 of the 14,206
Revised Code to the payment only of the principal of specified 14,207
issues of notes or of bonds, and the specified issue or issues of 14,208
notes or such bonds with respect to which such amount is so 14,209
restricted, and the amount of additional money necessary to be 14,210
credited to such bond retirement fund to meet in full the payment 14,211
of such interest, principal, or charges when due and the amount 14,212
required to make the payments required by the second paragraph of 14,213
section 5528.31 of the Revised Code. 14,214
Upon the receipt of such certification, or if on 14,216
presentation for payment when due of either principal or interest 14,217
on obligations issued pursuant to Section 2i of Article VIII, 14,218
Ohio Constitution, there are insufficient moneys for payment of 14,219
such principal and interest, the treasurer of state, after making 14,221
any transfer of moneys to the highway improvement bond retirement 14,222
fund created by section 5528.12 of the Revised Code for the 14,223
payment of interest, principal, and charges due and payable for 14,224
the retirement of bonds issued pursuant to Section 2g of Article 14,225
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the 14,226
Revised Code as required by section 5528.16 of the Revised Code, 14,227
shall transfer the amount required as the additional moneys 14,228
necessary to meet in full all payments of interest, principal, 14,229
and charges for the retirement of highway obligations issued 14,230
pursuant to Section 2i of Article VIII, Ohio Constitution, and 14,231
sections 5528.30 and 5528.31 of the Revised Code or the amount 14,232
required to make the payments required by the second paragraph of 14,233
section 5528.31 of the Revised Code to the highway obligations 14,234
320
bond retirement fund created by section 5528.32 of the Revised 14,235
Code from the undistributed revenues derived from fees, excise, 14,236
or license taxes, levied by the state, relating to registration, 14,237
operation, or use of vehicles on public highways, or to fuels 14,238
used for propelling such vehicles.
If, after the transfer of undistributed revenues to the 14,240
highway obligations bond retirement fund in accordance with the 14,241
foregoing paragraph of this section, there be insufficient moneys 14,242
for the payment of such principal and interest or to make the 14,243
payments required by the second paragraph of section 5528.31 of 14,244
the Revised Code as certified to the treasurer of state, the 14,245
treasurer of state, after making whatever transfers are required 14,247
by divisions DIVISION (C)(1), (2), and (3) of section 129.73 of 14,248
the Revised Code, shall transfer a sufficient amount to the 14,249
highway obligations bond retirement fund from the undistributed 14,250
revenues derived from all excises and taxes of the state, except 14,251
ad valorem taxes on real and personal property and income taxes, 14,252
which excises and taxes, other than those excepted, are and shall 14,253
be deemed to be levied, in addition to the purposes otherwise 14,254
provided for by law, to provide in accordance with the provisions 14,255
of this section for the payment of interest, principal, and 14,256
charges on highway obligations, including bonds and notes, issued 14,257
pursuant to Section 2i of Article VIII, Ohio Constitution, and 14,258
sections 5528.30 and 5528.31 of the Revised Code, provided that 14,259
the treasurer shall draw from the undistributed revenues derived 14,260
from the taxes levied by sections 3769.08, 4301.42, 4301.43, 14,261
4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 14,262
5731.19, 5733.06, 5739.02, 5741.02, 5743.02, and 5743.32 of the 14,264
Revised Code in proportion to the amount of undistributed 14,265
revenues from each such tax remaining after the transfer to the 14,266
improvements bond retirement fund created by Section 2f of 14,267
Article VIII, Ohio Constitution, the development bond retirement 14,268
fund created by Section 2h of Article VIII, Ohio Constitution, 14,269
and the public improvements bond retirement fund created by 14,270
321
section 129.72 of the Revised Code, of such amount of those 14,271
revenues as may be required by sections 129.55, 129.63, and 14,272
SECTION 129.73 of the Revised Code to be so transferred; 14,274
provided, however, that the commissioners of the sinking fund, in 14,275
any resolution authorizing the issuance of such highway 14,276
obligations, may provide for the reservation of the right to have 14,277
the undistributed revenues referred to in this paragraph applied 14,278
first to such bonds or other obligations as may thereafter be 14,279
issued and in priority to application thereof to the payment of 14,280
the principal and interest on such highway obligations, but such 14,281
reservation shall not in any way qualify the obligation of the 14,282
state, which shall be absolute and unconditional, to levy and 14,283
collect at all times sufficient excises and taxes, other than 14,284
those excepted in Section 2i of Article VIII, Ohio Constitution, 14,285
as will produce adequate revenues available for the payment of 14,286
the principal and interest of such highway obligations. 14,287
Sec. 5528.51. As used in sections 5528.51 to 5328.56 of 14,296
the Revised Code: 14,297
(A) "Bond proceedings" means the resolutions, trust 14,299
agreements, indentures, and other agreements, credit enhancement 14,300
facilities, and amendments and supplements to the foregoing, or 14,302
any one or more or combination thereof, authorizing, awarding, or 14,303
providing for the terms and conditions applicable to or providing 14,304
for the security or liquidity of obligations, and the provisions
contained in those obligations. 14,305
(B) "Bond service charges" means principal, including any 14,307
mandatory sinking fund or redemption requirements for retirement 14,308
of obligations, interest and other accreted amounts, and any 14,309
redemption premium, payable on obligations. 14,310
(C) "Bond service fund" means the fund, and any accounts 14,312
in that fund, created by FORMER section 5528.55 of the Revised 14,313
Code, including all moneys and investments, and earnings from 14,316
investments, credited and to be credited to that fund and 14,317
accounts as and to the extent provided in the bond proceedings.
322
(D) "Commissioners of the sinking fund" or "commissioners" 14,319
means the board of commissioners of the sinking fund referred to 14,320
in Section 8 of Article VIII, Ohio Constitution, and section 14,321
129.01 of the Revised Code. 14,322
(E) "Costs of projects" means the costs of acquiring, 14,324
constructing, reconstructing, rehabilitating, remodeling, 14,325
renovating, enlarging, improving, equipping, or furnishing 14,326
projects, and the financing thereof, including the cost of 14,327
clearance and preparation of the site and of any land to be used 14,328
in connection with projects, the cost of any indemnity and surety 14,329
bonds and premiums on insurance, all related direct
administrative expenses and allocable portions of direct costs of 14,330
the commissioners and department of transportation, cost of 14,331
engineering and architectural services, designs, plans, 14,332
specifications, surveys, and estimates of cost, legal fees, fees 14,333
and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing 14,334
charges and fees and expenses of financial advisers and 14,335
consultants in connection therewith, interest on obligations from 14,336
the date thereof to the time when interest is to be covered from 14,337
sources other than proceeds of obligations, amounts necessary to 14,338
establish any reserves as required by the bond proceedings, costs 14,339
of audits, the reimbursement of all moneys advanced or applied by 14,340
or borrowed from any governmental agency, whether to or by the 14,341
commissioners or others, from whatever source provided, for the 14,342
payment of any item or items of cost of projects, and all other 14,343
expenses necessary or incident to planning or determining 14,344
feasibility or practicability with respect to projects, and such
other expenses as may be necessary or incident to the 14,345
acquisition, construction, reconstruction, rehabilitation, 14,346
remodeling, renovation, enlargement, improvement, equipment, and 14,347
furnishing of projects, the financing thereof and the placing of 14,348
the same in use and operation, including any one, part of, or 14,349
combination of such classes of costs and expenses.
323
(F) "Credit enhancement facilities," "financing costs," 14,351
and "interest" or "interest equivalent" have the meanings as in 14,352
section 133.01 of the Revised Code. 14,353
(G) "Infrastructure project obligations" means those 14,355
obligations issued for a project pursuant to section 5531.10 of 14,356
the Revised Code.
(H) "Local government entity" means any county, municipal 14,358
corporation, township, or transportation improvement district, or 14,359
any other local government agency designated by law including by 14,360
any capital appropriations act. 14,361
(I) "Net proceeds" means amounts received from the sale of 14,363
obligations, excluding amounts used to refund or retire 14,364
outstanding obligations, and does not include amounts required to 14,365
be deposited into special funds pursuant to the applicable bond 14,366
proceedings, or financing costs paid from such amounts received. 14,367
(J) "Obligations" means bonds, notes, or other evidences 14,369
of obligation of the state, including any interest coupons 14,371
pertaining thereto, issued pursuant to sections 5528.51 to 14,372
5528.56 of the Revised Code.
(K) "Principal amount" means the aggregate of the amount 14,374
as stated or provided for in the bond proceedings authorizing the 14,376
obligations as the amount on which interest or interest 14,377
equivalent is initially calculated and shall not include any 14,378
premium paid by the initial purchaser of the obligations. 14,379
(L) "Project" means highway capital improvements, which 14,381
shall be limited to highways, including those on the state 14,383
highway system and urban extensions thereof, those within or 14,384
leading to public parks or recreation areas, and those within or 14,385
leading to municipal corporations.
(M) "Special funds" or "funds", unless the context 14,387
indicates otherwise, means the bond service fund, and any other 14,389
funds, including any reserve funds, created under the bond 14,390
proceedings and stated to be special funds in those proceedings, 14,391
including all moneys and investments, and earnings from 14,392
324
investments, credited and to be credited to the particular fund.
Special funds do not include the highway capital improvement fund 14,393
created by section 5528.53 of the Revised Code or other funds 14,394
created by the bond proceedings that are not stated by those 14,395
proceedings to be special funds.
Sec. 5528.53. The highway capital improvement fund is 14,404
hereby created in the state treasury. The fund shall consist of 14,406
the proceeds of obligations issued pursuant to sections 5528.51 14,407
to 5528.56 SECTION 151.01 AND 151.06 OF THE REVISED CODE, AND 14,408
ISSUED PRIOR TO SEPTEMBER 30, 2000, PURSUANT TO SECTION 5528.54 14,409
of the Revised Code, except for amounts deposited into special 14,410
funds, or into escrow funds for the purpose of refunding 14,411
outstanding obligations, or pursuant to section 5528.57 of the 14,412
Revised Code. Money to the credit of this fund may be expended 14,414
to pay costs of projects. All investment earnings of the fund
shall be credited to the fund. THE STATE MAY PARTICIPATE IN 14,415
FINANCING PROJECTS BY GRANTS, LOANS, OR CONTRIBUTIONS TO LOCAL 14,416
GOVERNMENT ENTITIES. To the extent practicable, Ohio products, 14,418
materials, services, and labor shall be used in any project 14,419
financed in whole or in part from the fund.
Sec. 5528.54. (A) The commissioners of the sinking fund 14,428
are authorized to issue and sell, as provided in this section and 14,429
in amounts from time to time authorized by the general assembly, 14,430
general obligations of this state for the purpose of financing or 14,431
assisting in the financing of the costs of projects. The full 14,432
faith and credit, revenues, and taxing power of the state are and 14,433
shall be pledged to the timely payment of bond service charges on 14,434
outstanding obligations, all in accordance with Section 2m of
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.56 14,435
5528.53 of the Revised Code, and so long as such obligations are 14,436
outstanding there shall be levied and collected excises, taxes, 14,437
and other revenues in amounts sufficient to pay the bond service 14,438
charges on such obligations and costs relating to credit 14,439
enhancement facilities.
325
(B) Not more than two hundred twenty million dollars 14,441
principal amount of obligations, plus the principal amount of 14,442
obligations that in any prior fiscal years could have been, but 14,443
were not issued within that two-hundred-twenty-million-dollar 14,444
fiscal year limit, may be issued in any fiscal year, and not more 14,445
that one billion two hundred million dollars principal amount of 14,446
obligations may be outstanding at any one time, all determined as 14,447
provided in sections 5528.51 to 5528.56 5528.53 of the Revised 14,448
Code. 14,449
(C) The state may participate in financing projects by 14,451
grants, loans, or contributions to local government entities. 14,452
(D) Each issue of obligations shall be authorized by 14,454
resolution of the commissioners. The bond proceedings shall 14,455
provide for the principal amount or maximum principal amount of 14,456
obligations of an issue, and shall provide for or authorize the 14,457
manner for determining the principal maturity or maturities, not 14,458
exceeding the earlier of thirty years from the date of issuance 14,459
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally 14,460
contracted, the interest rate or rates, the date of and the dates 14,461
of payment of interest on the obligations, their denominations, 14,463
and the establishment within or outside the state of a place or 14,464
places of payment of bond service charges. Sections 9.96, 9.98, 14,465
9.981, 9.982, and 9.983 of the Revised Code are applicable to the 14,466
obligations. The purpose of the obligations may be stated in the 14,467
bond proceedings as "financing or assisting in the financing of 14,468
highway capital improvement projects as provided in Section 2m of 14,469
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any 14,471
portion to be deposited into special funds, or into escrow funds 14,473
for the purpose of refunding outstanding obligations, or pursuant 14,474
to section 5528.57 of the Revised Code, all as may be provided in 14,475
the bond proceedings, shall be deposited into the highway capital 14,476
improvement fund established by section 5528.53 of the Revised 14,477
326
Code.
(F) The commissioners may appoint or provide for the 14,479
appointment of paying agents, bond registrars, securities 14,481
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract 14,482
for the services of marketing, remarketing, indexing, and 14,483
administrative agents, other consultants, and independent 14,484
contractors, including printing services, as are necessary in the 14,485
judgment of the commissioners to carry out sections 5528.51 to 14,486
5528.56 5528.53 of the Revised Code. Financing costs are
payable, as provided in the bond proceedings, from the proceeds 14,488
of the obligations, from special funds, or from other moneys 14,489
available for the purpose.
(G) The bond proceedings, including any trust agreement, 14,491
may contain additional provisions customary or appropriate to the 14,492
financing or to the obligations or to particular obligations 14,493
including, but not limited to: 14,494
(1) The redemption of obligations prior to maturity at the 14,496
option of the state or of the holder or upon the occurrence of 14,497
certain conditions at such price or prices and under such terms 14,498
and conditions as are provided in the bond proceedings; 14,499
(2) The form of and other terms of the obligations; 14,501
(3) The establishment, deposit, investment, and 14,503
application of special funds, and the safeguarding of moneys on 14,504
hand or on deposit, in lieu of otherwise applicable provisions of 14,505
Chapter 131. or 135. of the Revised Code, but subject to any 14,506
special provisions of this section with respect to particular 14,507
funds or moneys, and provided that any bank or trust company that 14,508
acts as a depository of any moneys in special funds may furnish 14,509
such indemnifying bonds or may pledge such securities as required
by the commissioners; 14,510
(4) Any or every provision of the bond proceedings binding 14,512
upon the commissioners and such state agency or local government 14,513
entities, officer, board, commission, authority, agency, 14,514
327
department, or other person or body as may from time to time have 14,515
the authority under law to take such actions as may be necessary 14,516
to perform all or any part of the duty required by such
provision; 14,517
(5) The maintenance of each pledge, any trust agreement, 14,519
or other instrument composing part of the bond proceedings until 14,520
the state has fully paid or provided for the payment of the bond 14,521
service charges on the obligations or met other stated 14,522
conditions;
(6) In the event of default in any payments required to be 14,524
made by the bond proceedings, or any other agreement of the 14,525
commissioners made as part of a contract under which the 14,526
obligations were issued or secured, the enforcement of such 14,527
payments or agreements by mandamus, suit in equity, action at
law, or any combination of the foregoing; 14,528
(7) The rights and remedies of the holders of obligations 14,530
and of the trustee under any trust agreement, and provisions for 14,531
protecting and enforcing them, including limitations on rights of 14,532
individual holders of obligations;
(8) The replacement of any obligations that become 14,534
mutilated or are destroyed, lost, or stolen; 14,535
(9) Provision for the funding, refunding, or advance 14,537
refunding or other provision for payment of obligations that will 14,538
then no longer be outstanding for purposes of sections 5528.51 to 14,539
5528.56 of the Revised Code or of the bond proceedings; 14,540
(10) Any provision that may be made in bond proceedings or 14,542
a trust agreement, including provision for amendment of the bond 14,543
proceedings;
(11) Any other or additional agreements with the holders 14,545
of the obligations relating to any of the foregoing; 14,546
(12) Such other provisions as the commissioners determine, 14,548
including limitations, conditions, or qualifications relating to 14,549
any of the foregoing. 14,550
(H) The great seal of the state or a facsimile of that 14,552
328
seal may be affixed to or printed on the obligations. The 14,553
obligations requiring signatures by the commissioners shall be 14,554
signed by or bear the facsimile signatures of two or more of the 14,555
commissioners as provided in the bond proceedings. Any 14,556
obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such 14,557
obligations such person was not a commissioner. In case the 14,558
individual whose signature or a facsimile of whose signature 14,559
appears on any obligation ceases to be a commissioner before 14,560
delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that 14,561
individual had remained the member until such delivery, and in 14,562
case the seal to be affixed to or printed on obligations has been 14,563
changed after the seal has been affixed to or a facsimile of the 14,564
seal has been printed on the obligations, that seal or facsimile 14,565
seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor. 14,566
(I) The obligations are negotiable instruments and 14,568
securities under Chapter 1308. of the Revised Code, subject to 14,569
the provisions of the bond proceedings as to registration. 14,570
Obligations may be issued in coupon or in fully registered form, 14,571
or both, as the commissioners determine. Provision may be made 14,572
for the registration of any obligations with coupons attached as
to principal alone or as to both principal and interest, their 14,573
exchange for obligations so registered, and for the conversion or 14,574
reconversion into obligations with coupons attached of any 14,575
obligations registered as to both principal and interest, and for 14,576
reasonable charges for such registration, exchange, conversion, 14,577
and reconversion. Pending preparation of definitive obligations, 14,578
the commissioners may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. 14,580
(J) Obligations may be sold at public sale or at private 14,582
sale, and at such price at, above, or below par, as determined by 14,583
the commissioners in the bond proceedings. 14,585
329
(K) In the discretion of the commissioners, obligations 14,587
may be secured additionally by a trust agreement between the 14,588
state and a corporate trustee which may be any trust company or 14,589
bank having its principal place of business within the state. 14,590
Any trust agreement may contain the resolution authorizing the 14,591
issuance of the obligations, any provisions that may be contained 14,592
in the bond proceedings, and other provisions that are customary
or appropriate in an agreement of the type. 14,593
(L) Except to the extent that their rights are restricted 14,595
by the bond proceedings, any holder of obligations, or a trustee 14,596
under the bond proceedings may by any suitable form of legal 14,597
proceedings protect and enforce any rights under the laws of this 14,598
state or granted by the bond proceedings. Such rights include 14,599
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and 14,600
its employees, and of each state agency and local government 14,601
entity and its officers, members, or employees, undertaken 14,603
pursuant to the bond proceedings, is hereby established as a duty 14,604
of the commissioners, and of each such agency, local government 14,605
entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an 14,606
office, trust, or station within the meaning of section 2731.01 14,607
of the Revised Code. The persons who are at the time the 14,608
commissioners of the sinking fund, or its employees, are not 14,609
liable in their personal capacities on any obligations or any 14,610
agreements of or with the commissioners relating to obligations
or under the bond proceedings. 14,611
(M) The commissioners may authorize and issue obligations 14,613
for the refunding, including funding and retirement, and advance 14,614
refunding with or without payment or redemption prior to 14,615
maturity, of any obligations previously issued. Such refunding 14,616
obligations may be issued in amounts sufficient to pay or to 14,617
provide for payment of the principal amount, including principal
amounts maturing prior to the redemption of the remaining 14,618
330
obligations, any redemption premium, and interest accrued or to 14,619
accrue to the maturity or redemption date or dates, payable on 14,620
the refunded obligations, and related financing costs and any 14,621
expenses incurred or to be incurred in connection with such
issuance and refunding. Subject to the applicable bond 14,622
proceedings, the portion of the proceeds of the sale of refunding 14,623
obligations issued under this division to be applied to bond 14,624
service charges on the prior obligations shall be credited to an 14,625
appropriate separate account in the bond service fund and held in
trust for the purpose by the commissioners or by a corporate 14,626
trustee. Obligations authorized under this division shall be 14,627
considered to be issued for those purposes for which such prior 14,628
obligations were issued, and, except as otherwise provided in 14,630
sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations. 14,631
(N) The commissioners may authorize and issue obligations 14,633
in the form of bond anticipation notes and renew those notes from 14,634
time to time by the issuance of new notes. The holders of such 14,635
notes or appertaining interest coupons have the right to have 14,636
bond service charges on those notes paid solely from the moneys 14,637
and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of 14,638
such bonds or renewal notes, or both, as the commissioners 14,639
provide in the bond proceedings authorizing the notes. Such 14,640
notes may be additionally secured by convenants of the 14,642
commissioners to the effect that the commissioners and the state
will do such or all things necessary for the issuance of bonds or 14,643
renewal notes in the appropriate amount, and apply the proceeds 14,644
thereof to the extent necessary, to make full and timely payment 14,645
of the principal of and interest on such notes as provided in 14,646
such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon 14,647
such terms as may be necessary to provide moneys to pay when due 14,648
the principal of and interest on such notes. Except as otherwise 14,649
331
provided in sections 5528.51 to 5528.56 of the Revised Code, 14,650
notes authorized pursuant to this division are subject to 14,651
sections 5528.51 to 5528.56 of the Revised Code pertaining to 14,652
other obligations.
The commissioners in the bond proceedings authorizing the 14,654
issuance of bond anticipation notes shall set forth for the bonds 14,655
anticipated by such notes an estimated schedule of annual 14,656
principal payments for such bonds over a period of thirty years 14,657
from the earlier of the date of issuance of the notes or the date 14,658
of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, 14,659
as shall be provided in the bond proceedings for those notes, 14,660
from the sources authorized for payment of bond service charges 14,662
on the bonds, amounts sufficient to pay the principal of the 14,663
bonds anticipated as set forth in that estimated schedule during
the time the notes are outstanding, which amounts shall be used 14,664
solely to pay the principal of those notes or of the bonds 14,665
anticipated.
(O) Refunding or renewal obligations issued pursuant to 14,667
division (M) or (N) of this section shall not be counted against 14,669
the limitation on principal amount provided for in division (B) 14,670
of this section and shall be in addition to the amount authorized 14,671
by the general assembly as provided for in division (A) of this 14,672
section, to the extent the principal amount of those obligations 14,673
does not exceed the then outstanding principal amount of the 14,674
obligations to be refunded, renewed, or retired. For the 14,675
purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the 14,676
amount on which interest or interest equivalent is initially 14,677
calculated and shall not be considered to include any premium 14,678
paid by the initial purchaser of such obligation. 14,679
(P) Obligations are lawful investments for banks, 14,681
societies for savings, savings and loan associations, deposit 14,682
guarantee associations, trust companies, trustees, fiduciaries, 14,683
332
insurance companies, including domestic for life and domestic not 14,684
for life, trustees or other officers having charge of sinking and 14,685
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the 14,686
sinking fund, the administrator of workers' compensation, subject 14,687
to the approval of the workers' compensation board and the 14,688
industrial commission, the state teachers retirement system, the 14,690
public employees retirement system, the school employees
retirement system, and the Ohio police and fire pension fund, 14,692
notwithstanding any other provisions of the Revised Code or rules 14,694
adopted pursuant thereto by any state agency with respect to
investments by them, and are also acceptable as security for the 14,695
deposit of public moneys. 14,696
(Q)(N) Unless otherwise provided in any applicable bond 14,698
proceedings, moneys to the credit of or in the special funds 14,700
established by or pursuant to this section may be invested by or 14,701
on behalf of the commissioners only in notes, bonds, or other 14,702
direct obligations of the United States or of any agency or 14,704
instrumentality thereof, in obligations of this state or any 14,705
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as 14,706
defined in section 1101.01 of the Revised Code, subject to 14,707
inspection by the superintendent of financial institutions, in 14,708
the Ohio subdivision's fund established pursuant to section 14,709
135.45 of the Revised Code, in no-front-end-load money market 14,710
mutual funds consisting exclusively of direct obligations of the 14,711
United States or of an agency or instrumentality thereof, and in 14,712
repurchase agreements, including those issued by any fiduciary, 14,713
secured by direct obligations of the United States or an agency 14,715
or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code and 14,717
consisting exclusively of direct obligations of the United States 14,718
or of an agency or instrumentality thereof, notwithstanding 14,719
division (A)(4) of that section. The income from investments 14,721
333
shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the 14,722
investments may be sold or exchanged at such times as the 14,723
commissioners determine or authorize. 14,724
(R)(O) Unless otherwise provided in any applicable bond 14,726
proceedings, moneys to the credit of or in a special fund shall 14,728
be disbursed on the order of the commissioners, provided that no 14,730
such order is required for the payment from the bond service fund 14,732
or other special fund when due of bond service charges or
required payments under credit enhancement facilities. 14,733
(S)(P) The commissioners may covenant in the bond 14,735
proceedings, and any such covenants shall be controlling 14,737
notwithstanding any other provision of law, that the state and 14,738
the applicable officers and agencies of the state, including the 14,739
general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory 14,740
authority for and cause to be charged and collected taxes, 14,741
excises, and other receipts of the state so that the receipts to 14,743
the bond service fund shall be sufficient in amounts to meet bond 14,744
service charges and for the establishment and maintenance of any 14,745
reserves and other requirements, including payment of financing
costs, provided for in the bond proceedings. 14,746
(T)(Q) The obligations, and the transfer of, and the 14,748
interest, interest equivalent, and other income and accreted 14,750
amounts from, including any profit made on the sale, exchange, or 14,751
other disposition of, the obligations shall at all times be free 14,752
from taxation, direct or indirect, within the state. 14,753
(R) THIS SECTION APPLIES ONLY WITH RESPECT TO OBLIGATIONS 14,755
ISSUED AND DELIVERED PRIOR TO SEPTEMBER 30, 2000. 14,756
Sec. 5727.01. As used in this chapter: 14,765
(A) "Public utility" means each person referred to as a 14,767
telephone company, telegraph company, electric company, natural 14,768
gas company, pipe-line company, water-works company, water 14,769
transportation company, heating company, rural electric company, 14,770
334
or railroad company, OR COMBINED COMPANY. 14,771
(B) "Gross receipts" means the entire receipts for 14,773
business done by any person from operation as a public utility, 14,774
or incidental thereto, or in connection therewith, including any 14,775
receipts received under Chapter 4928. of the Revised Code. The 14,776
gross receipts for business done by an incorporated company 14,777
engaged in operation as a public utility includes the entire 14,778
receipts for business done by such company under the exercise of 14,779
its corporate powers, whether from the operation as a public 14,780
utility or from any other business. 14,781
(C) "Rural electric company" means any nonprofit 14,783
corporation, organization, association, or cooperative engaged in 14,784
the business of supplying electricity to its members or persons 14,785
owning an interest therein in an area the major portion of which 14,786
is rural. 14,787
(D) Any person: 14,789
(1) Is a telegraph company when engaged in the business of 14,791
transmitting telegraphic messages to, from, through, or in this 14,792
state; 14,793
(2) Is a telephone company when primarily engaged in the 14,795
business of providing local exchange telephone service, excluding 14,796
cellular radio service, in this state; 14,797
(3) Is an electric company when engaged in the business of 14,799
generating, transmitting, or distributing electricity within this 14,800
state for use by others, but excludes a rural electric company; 14,801
(4) Is a natural gas company when engaged in the business 14,803
of supplying natural gas for lighting, power, or heating purposes 14,804
to consumers within this state; 14,805
(5) Is a pipe-line company when engaged in the business of 14,807
transporting natural gas, oil, or coal or its derivatives through 14,808
pipes or tubing, either wholly or partially within this state; 14,809
(6) Is a water-works company when engaged in the business 14,811
of supplying water through pipes or tubing, or in a similar 14,812
manner, to consumers within this state; 14,813
335
(7) Is a water transportation company when engaged in the 14,815
transportation of passengers or property, by boat or other 14,816
watercraft, over any waterway, whether natural or artificial, 14,817
from one point within this state to another point within this 14,818
state, or between points within this state and points without 14,819
this state; 14,820
(8) Is a heating company when engaged in the business of 14,822
supplying water, steam, or air through pipes or tubing to 14,823
consumers within this state for heating purposes; 14,824
(9) Is a railroad company when engaged in the business of 14,826
owning or operating a railroad either wholly or partially within 14,827
this state on rights-of-way acquired and held exclusively by such 14,829
company, or otherwise, and includes a passenger, street, 14,830
suburban, or interurban railroad company. 14,831
As used in division (D)(2) of this section, "local exchange 14,833
telephone service" means making available or furnishing access 14,834
and a dial tone to all persons within a local calling area for 14,835
use in originating and receiving voice grade communications over 14,836
a switched network operated by the provider of the service within 14,837
the area and for gaining access to other telecommunication 14,838
services. 14,839
(E) "Taxable property" means the property required by 14,841
section 5727.06 of the Revised Code to be assessed by the tax 14,842
commissioner, but does not include either of the following: 14,843
(1) An item of tangible personal property that for the 14,845
period subsequent to the effective date of an air, water, or 14,846
noise pollution control certificate and continuing so long as the 14,847
certificate is in force, has been certified as part of the 14,848
pollution control facility with respect to which the certificate 14,849
has been issued; 14,850
(2) An item of tangible personal property that during the 14,852
construction of a plant or facility and until the item is first 14,853
capable of operation, whether actually used in operation or not, 14,854
is incorporated in or being held exclusively for incorporation in 14,855
336
that plant or facility. 14,856
(F) "Taxing district" means a municipal corporation or 14,858
township, or part thereof, in which the aggregate rate of 14,859
taxation is uniform. 14,860
(G) "Telecommunications service" has the same meaning as 14,862
in division (AA) of section 5739.01 of the Revised Code. 14,863
(H) "Interexchange telecommunications company" means a 14,865
person that is engaged in the business of transmitting telephonic 14,866
messages to, from, through, or in this state, but that is not a 14,867
telephone company. 14,868
(I) "Sale and leaseback transaction" means a transaction 14,870
in which a public utility or interexchange telecommunications 14,871
company sells any tangible personal property to a person other 14,872
than a public utility or interexchange telecommunications company 14,873
and leases that property back from the buyer. 14,874
(J) "Production equipment" means all taxable steam, 14,876
nuclear, hydraulic, and other production plant equipment used to 14,877
generate electricity. For tax years prior to 2001, "production 14,878
equipment" includes taxable station equipment that is located at 14,879
a production plant.
(K) "Tax year" means the year for which property or gross 14,881
receipts are subject to assessment under this chapter. This 14,882
division does not limit the tax commissioner's ability to assess 14,883
and value property or gross receipts outside the tax year. 14,884
(L) "Combined company" means any person engaged in the 14,886
activity of an electric company or rural electric company that is 14,887
also engaged in the activity of a heating company or a natural 14,888
gas company, or any combination thereof. 14,889
(J) Combined electric and gas company means a person who 14,892
primarily engages in the activities of an electric company, but 14,893
also engages in the activities of a natural gas company.
Sec. 5727.03. (A) A combined company shall file a 14,902
separate report under section 5727.08 of the Revised Code for 14,904
each listed activity of a combined company. The tax commissioner 14,906
337
shall separately value, apportion, and assess the company's 14,907
property. Divisions (B)(1), (2), and (3) of this section shall 14,908
be used to determine the taxable property that cannot BE directly 14,909
be attributed to providing one of the listed activities of a 14,910
combined company. Beginning with the public utility excise tax 14,912
assessed by the tax commissioner on or before the first Monday in 14,913
November 2002, division (C) of this section shall be used by the 14,915
tax commissioner to separate the gross receipts of a combined 14,916
company attributed to the activity of an electric company or a 14,917
rural electric company.
(B)(1) The taxable property to attribute to an electric 14,919
company or a rural electric company activity shall be the taxable 14,920
cost of the property that cannot be directly attributed to a 14,921
listed activity of a combined company multiplied by a numerator 14,922
that is the taxable cost of property that can be directly 14,923
attributed to the activity of an electric company or a rural 14,924
electric company and a denominator that is the sum of the taxable 14,925
cost that can be directly attributed to all the listed activities 14,926
of a combined company. 14,927
(2) The taxable property to attribute to a heating company 14,929
ACTIVITY shall be the taxable cost of the property that cannot be 14,931
directly attributed to a listed activity of a combined company 14,932
multiplied by a numerator that is the taxable cost of property 14,933
that can be directly attributed to the activity of a heating 14,934
company and a denominator that is the sum of the taxable cost 14,935
that can be directly attributed to all listed activities of a 14,936
combined company.
(3) The taxable property to attribute to a natural gas 14,938
company ACTIVITY shall be the taxable cost of the property that 14,940
cannot be directly attributed to a listed activity of a combined 14,941
company multiplied by a numerator that is the taxable cost of 14,942
property that can be directly attributed to the activity of a 14,943
natural gas company and a denominator that is the sum of the 14,944
taxable cost that can be directly attributed to all the listed 14,945
338
activities of a combined company. 14,946
(C) Notwithstanding any other provision of the Revised 14,948
Code, a A combined company shall continue to be FILE A SEPARATE 14,950
REPORT UNDER SECTION 5727.31 OF THE REVISED CODE FOR EACH PUBLIC 14,951
UTILITY ACTIVITY subject to the excise tax imposed by section 14,953
5727.30 of the Revised Code. From the report filed by a combined 14,954
company under section 5727.31 of the Revised Code, the THE tax 14,955
commissioner shall exclude FROM THE ASSESSMENT ISSUED BY THE TAX 14,956
COMMISSIONER ON OR BEFORE THE FIRST MONDAY IN NOVEMBER 2002, AND 14,957
THEREAFTER, the taxable gross receipts directly attributable to 14,958
the activity of an electric company or a rural electric company. 14,959
In addition, the tax commissioner shall exclude the portion of 14,960
taxable gross receipts that cannot be attributed to a listed 14,961
combined public utility COMPANY activity or another public 14,962
utility activity subject to the excise tax imposed by section 14,964
5727.30 of the Revised Code by multiplying those taxable gross 14,965
receipts by a numerator that is the taxable gross receipts that 14,966
can be DIRECTLY attributed to an electric company or a rural 14,967
electric company activity, and a denominator that is the sum of 14,968
the taxable gross receipts that can be directly attributed to a 14,969
listed combined company activity or another public utility
activity subject to the excise tax imposed by section 5727.30 of 14,970
the Revised Code. For purposes of determining the taxable gross 14,972
receipts for providing electric company or rural electric company 14,973
service under this division, the taxable gross receipts as 14,974
reported under section 5727.32 of the Revised Code and determined 14,975
under section 5727.33 of the Revised Code, prior to the amendment 14,976
of those sections by Substitute Senate Bill No. 3 of the 123rd 14,981
general assembly, shall be used.
(D) A COMBINED COMPANY SUBJECT TO THE EXCISE TAX IMPOSED 14,983
BY SECTION 5727.24 OF THE REVISED CODE SHALL FILE A RETURN UNDER 14,985
SECTION 5727.25 OF THE REVISED CODE. THE EXCISE TAX IMPOSED BY 14,987
SECTION 5727.24 OF THE REVISED CODE SHALL BE LEVIED ONLY ON THE 14,989
FOLLOWING GROSS RECEIPTS OF A COMBINED COMPANY: 14,990
339
(1) THE TAXABLE GROSS RECEIPTS DIRECTLY ATTRIBUTED TO THE 14,992
ACTIVITY OF A NATURAL GAS COMPANY; 14,993
(2) THE PORTION OF TAXABLE GROSS RECEIPTS THAT CANNOT BE 14,995
DIRECTLY ATTRIBUTED TO A LISTED COMBINED COMPANY ACTIVITY OR 14,996
ANOTHER PUBLIC UTILITY ACTIVITY SUBJECT TO THE EXCISE TAX IMPOSED 14,997
BY SECTION 5727.30 OF THE REVISED CODE, BY MULTIPLYING THOSE 14,998
TAXABLE GROSS RECEIPTS BY A NUMERATOR THAT IS THE TAXABLE GROSS 14,999
RECEIPTS THAT CAN BE DIRECTLY ATTRIBUTED TO A NATURAL GAS COMPANY 15,000
ACTIVITY, AND A DENOMINATOR THAT IS THE SUM OF THE TAXABLE GROSS 15,001
RECEIPTS THAT CAN BE DIRECTLY ATTRIBUTED TO A LISTED COMBINED 15,002
COMPANY ACTIVITY OR ANOTHER PUBLIC UTILITY ACTIVITY SUBJECT TO 15,003
THE EXCISE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE. 15,004
Sec. 5727.111. The taxable property of each public 15,013
utility, except a railroad company, and of each interexchange 15,014
telecommunications company shall be assessed at the following 15,015
percentages of true value: 15,016
(A) Fifty (1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 15,019
THIS SECTION, FIFTY PER CENT IN THE CASE OF A RURAL ELECTRIC 15,020
COMPANY;
(2) FOR TAX YEAR 2001 AND THEREAFTER, FIFTY per cent in 15,022
the case of the taxable transmission and distribution property of 15,024
a rural electric company, and twenty-five per cent for all its 15,025
other taxable property; 15,026
(B) In the case of a telephone or telegraph company, (F) 15,028
twenty-five per cent for taxable property first subject to 15,029
taxation in this state for tax year 1995 or thereafter, and 15,031
eighty-eight per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 15,033
pipe-line company; 15,034
(D) Eighty-eight per cent in the case of a water-works or 15,036
heating company; 15,037
(E)(1) Except as provided in division (E)(2) OR (3) of 15,040
this section, ONE HUNDRED PER CENT IN THE CASE OF THE TAXABLE 15,041
PRODUCTION EQUIPMENT OF AN ELECTRIC COMPANY AND EIGHTY-EIGHT PER 15,042
340
CENT FOR ALL ITS OTHER TAXABLE PROPERTY;
(2) FOR TAX YEAR 2001 AND THEREAFTER, eighty-eight per 15,044
cent in the case of the taxable transmission and distribution 15,047
property of an electric company, and twenty-five per cent for all 15,048
such ITS other taxable property; 15,050
(2)(3) Property listed and assessed under divisions (B)(1) 15,052
and (2) of section 5711.22 of the Revised Code AND LEASED TO AN 15,053
ELECTRIC COMPANY shall continue to be assessed at one hundred per 15,055
cent for production equipment and eighty-eight per cent for all 15,056
SUCH other taxable property until January 1, 2002. 15,057
(F)(F) Twenty-five per cent in the case of an 15,059
interexchange telecommunications company; 15,060
(G) Twenty-five per cent in the case of a water 15,062
transportation company. 15,063
Sec. 5727.15. When all the taxable property of a public 15,072
utility is located in one taxing district, the tax commissioner 15,073
shall apportion the total taxable value thereof to that taxing 15,074
district. 15,075
When taxable property of a public utility is located in 15,077
more than one taxing district, the commissioner shall apportion 15,078
the total taxable value thereof among the taxing districts as 15,079
follows: 15,080
(A)(1) In the case of a telegraph, interexchange 15,082
telecommunications, or telephone company that owns miles of wire 15,083
in this state, the value apportioned to each taxing district 15,085
shall be the same percentage of the total value apportioned to 15,086
all taxing districts as the miles of wire owned by the company 15,087
within the taxing district are to the total miles of wire owned 15,088
by the company within this state;
(2) In the case of a telegraph, interexchange 15,090
telecommunications, or telephone company that does not own miles 15,091
of wire in this state, the value apportioned to each taxing 15,092
district shall be the same percentage of the total value 15,093
apportioned to all taxing districts as the cost of the taxable
341
property physically located in the taxing district is of the 15,094
total cost of all taxable property physically located in this 15,095
state.
(B) In the case of a railroad company: 15,097
(1) The taxable value of real and personal property not 15,099
used in railroad operations shall be apportioned according to its 15,100
situs; 15,101
(2) The taxable value of personal property used in 15,103
railroad operations shall be apportioned to each taxing district 15,104
in proportion to the miles of track and trackage rights, weighted 15,105
to reflect the relative use of such personal property in each 15,106
taxing district; 15,107
(3) The taxable value of real property used in railroad 15,109
operations shall be apportioned to each taxing district in 15,110
proportion to its relative value in each taxing district. 15,111
(C) In (1) PRIOR TO TAX YEAR 2001, IN the case of an 15,114
electric company:
(1)(a) SEVENTY PER CENT OF THE TAXABLE VALUE OF ALL 15,116
PRODUCTION EQUIPMENT AND OF ALL STATION EQUIPMENT THAT IS NOT 15,118
PRODUCTION EQUIPMENT SHALL BE APPORTIONED TO THE TAXING DISTRICT 15,120
IN WHICH SUCH PROPERTY IS PHYSICALLY LOCATED; AND
(b) THE REMAINING VALUE OF SUCH PROPERTY, TOGETHER WITH 15,122
THE VALUE OF ALL OTHER TAXABLE PERSONAL PROPERTY, SHALL BE 15,123
APPORTIONED TO EACH TAXING DISTRICT IN THE PER CENT THAT THE COST 15,125
OF ALL TRANSMISSION AND DISTRIBUTION PROPERTY PHYSICALLY LOCATED
IN THE TAXING DISTRICT IS OF THE TOTAL COST OF ALL TRANSMISSION 15,127
AND DISTRIBUTION PROPERTY PHYSICALLY LOCATED IN THIS STATE. 15,128
(c) IF AN ELECTRIC COMPANY'S TAXABLE VALUE FOR THE CURRENT 15,130
YEAR INCLUDES THE VALUE OF ANY PRODUCTION EQUIPMENT AT A PLANT AT 15,131
WHICH THE INITIAL COST OF THE PLANT'S PRODUCTION EQUIPMENT 15,132
EXCEEDED ONE BILLION DOLLARS, THEN PRIOR TO MAKING THE 15,134
APPORTIONMENTS REQUIRED FOR THAT COMPANY BY DIVISION (C)(1)(a) 15,135
AND (b) OF THIS SECTION, THE TAX COMMISSIONER SHALL DO THE 15,137
FOLLOWING:
342
(i) SUBTRACT FOUR HUNDRED TWENTY MILLION DOLLARS FROM THE 15,139
TOTAL TAXABLE VALUE OF THE PRODUCTION EQUIPMENT AT THAT PLANT FOR 15,140
THE CURRENT TAX YEAR. 15,141
(ii) MULTIPLY THE DIFFERENCE THUS OBTAINED BY A FRACTION, 15,143
THE NUMERATOR OF WHICH IS THE PORTION OF THE TAXABLE VALUE OF 15,144
THAT PLANT'S PRODUCTION EQUIPMENT INCLUDED IN THE COMPANY'S TOTAL 15,146
VALUE FOR THE CURRENT TAX YEAR, AND THE DENOMINATOR OF WHICH IS 15,147
THE TOTAL TAXABLE VALUE OF SUCH EQUIPMENT INCLUDED IN THE TOTAL 15,148
TAXABLE VALUE OF ALL ELECTRIC COMPANIES FOR SUCH YEAR; 15,149
(iii) APPORTION THE PRODUCT THUS OBTAINED TO TAXING 15,151
DISTRICTS IN THE MANNER PRESCRIBED IN DIVISION (C)(1)(b) OF THIS 15,153
SECTION.
(iv) DEDUCT THE AMOUNTS SO APPORTIONED FROM THE TAXABLE 15,155
VALUE OF THE COMPANY'S PRODUCTION EQUIPMENT AT THE PLANT, PRIOR 15,156
TO MAKING THE APPORTIONMENTS REQUIRED BY DIVISIONS (C)(1)(a) AND 15,158
(b) OF THIS SECTION. 15,159
FOR PURPOSES OF DIVISION (C)(1)(c) OF THIS SECTION, 15,162
"INITIAL COST" APPLIES ONLY TO PRODUCTION EQUIPMENT OF PLANTS 15,163
PLACED IN COMMERCIAL OPERATION ON OR AFTER JANUARY 1, 1987, AND 15,164
MEANS THE COST OF ALL PRODUCTION EQUIPMENT AT A PLANT FOR THE 15,165
FIRST YEAR THE PLANT'S EQUIPMENT WAS SUBJECT TO TAXATION. 15,167
(2) FOR TAX YEAR 2001 AND THEREAFTER, IN THE CASE OF AN 15,169
ELECTRIC COMPANY: 15,170
(a) The taxable value of all production equipment shall be 15,173
apportioned to the taxing district in which such property is 15,174
physically located; and
(2)(b) The value of all other taxable personal property, 15,177
OTHER THAN PRODUCTION EQUIPMENT, shall be apportioned to each 15,180
taxing district in the proportion that the cost of the SUCH OTHER 15,181
taxable personal property physically located in each taxing 15,183
district is of the total cost of all SUCH OTHER taxable personal 15,184
property physically located in this state. 15,187
(D) In the case of all other public utilities, the value 15,189
of the property to be apportioned shall be apportioned to each 15,190
343
taxing district in proportion to the entire value of such 15,191
property within this state. 15,192
Sec. 5727.24. For the purpose of providing revenue to meet 15,202
the needs of the state, ON AND AFTER MAY 1, 2000, an excise tax 15,203
is hereby levied on the gross receipts of a natural gas company 15,204
and on the gross receipts of a combined electric and gas company 15,205
from operating as a natural gas company. The tax shall be 15,206
computed by multiplying the TAXABLE gross receipts as determined 15,207
by the tax commissioner under section 5727.33 of the Revised Code 15,208
by four and three-fourths per cent. A combined electric and gas 15,209
company shall be subject to this tax on any gross receipts 15,211
derived from operating as a natural gas company, AS DETERMINED 15,212
UNDER DIVISION (D) OF SECTION 5727.03 OF THE REVISED CODE, and, 15,213
IF APPLICABLE, shall be subject to the tax imposed by section 15,214
5727.30 of the Revised Code for all other gross receipts, 15,216
excluding the gross receipts subject to the tax imposed by this 15,217
section.
Sec. 5727.25. (A) Except as provided in division (B) of 15,226
this section, within forty-five days after the last day of March, 15,227
June, September, and December, each natural gas company or 15,228
combined electric and gas company subject to the excise tax 15,229
imposed by section 5727.24 of the Revised Code shall file a 15,230
return with the treasurer of state, in such form as the tax 15,231
commissioner prescribes, and pay the full amount of the tax due 15,232
ON ITS TAXABLE GROSS RECEIPTS for the preceding calendar quarter, 15,234
except that the first payment of this tax shall be made on or 15,235
before November 15, 2000, for the five-month period of May 1, 15,236
2000, to September 30, 2000. Thereafter, payments shall be made 15,237
quarterly in accordance with this division. All payments made 15,238
under this division shall be made by electronic funds transfer in 15,240
accordance with section 5727.311 of the Revised Code. 15,241
(B) Any natural gas company or combined electric and gas 15,243
company subject to the excise tax imposed by this section that 15,245
has an annual tax liability for the PRECEDING CALENDAR year 15,246
344
ending on the thirty-first day of December of less than three 15,248
hundred twenty-five thousand dollars shall MAY ELECT TO file an 15,249
annual return with the treasurer of state, in such form as the 15,251
tax commissioner prescribes, for the next year. A COMPANY THAT 15,252
ELECTS TO FILE AN ANNUAL RETURN FOR THE CALENDAR YEAR SHALL FILE 15,253
THE RETURN and remit the taxes due for that year ON ITS TAXABLE 15,254
GROSS RECEIPTS within forty-five days after the thirty-first day 15,255
of December. The first payment of the tax under this division 15,257
shall be made on or before February 14, 2001, for the year ending 15,258
PERIOD OF MAY 1, 2000, TO December 31, 2000. The minimum tax for 15,260
a natural gas company or combined electric and gas company
subject to this division shall be ten FIFTY dollars, and the 15,263
company shall not be required to remit the tax due by electronic 15,265
funds transfer. 15,266
(C) A return required to be filed under division (A) or 15,268
(B) of this section shall show the amount of tax due from the 15,269
company for the period covered by the return and any other 15,270
information as prescribed by the tax commissioner. A return 15,271
shall be considered filed when received by the treasurer of 15,272
state. The commissioner may extend the time for making and 15,273
filing returns and paying the tax. 15,274
(D) Any natural gas company or combined electric and gas 15,276
company that fails to file a return or pay the full amount of the 15,277
tax due within the period prescribed under this section shall pay 15,278
an additional charge of fifty dollars or ten per cent of the tax 15,279
required to be paid for the reporting period, whichever is 15,280
greater. If any tax due is not paid timely in accordance with 15,281
this section, the company liable for the tax shall pay interest, 15,282
calculated at the rate per annum prescribed by section 5703.47 of 15,283
the Revised Code, from the date the tax payment was due to the 15,284
date of payment or to the date an assessment was issued, 15,285
whichever occurs first. The tax commissioner may collect any 15,286
additional charge or interest imposed by this section by 15,287
assessment in the manner provided in section 5727.26 of the 15,288
345
Revised Code. The commissioner may abate all or a portion of the 15,289
additional charge and may adopt rules governing such abatements. 15,290
(E) The taxes, additional charges, penalties, and interest 15,292
collected under sections 5727.24 to 5727.29 OF THE REVISED CODE 15,294
shall be credited in accordance with section 5727.45 of the 15,295
Revised Code.
Sec. 5727.26. (A) The tax commissioner may make an 15,304
assessment, based on any information in the commissioner's 15,305
possession, against any natural gas company or combined electric 15,306
and gas company that fails to file a return or pay any tax, 15,308
interest, or additional charge as required by sections 5727.24 to 15,309
5727.29 of the Revised Code. The commissioner shall give the 15,310
company assessed written notice of the assessment by personal 15,311
service or certified mail. A penalty of up to fifteen per cent 15,312
may be added to all amounts assessed under this section. The tax 15,313
commissioner may adopt rules providing for the remission of the 15,314
penalty.
(B) If a party to whom the notice of assessment is 15,316
directed objects to the assessment, the party may file a petition 15,317
for reassessment with the tax commissioner. The petition must be 15,318
made in writing, signed by the party or the party's authorized 15,319
agent having knowledge of the facts, and filed with the 15,320
commissioner, either personally or by certified mail, within 15,321
thirty days after service of the notice of assessment. The 15,322
petition shall indicate the objections of the company assessed, 15,323
but additional objections may be raised in writing if received 15,324
prior to the date shown on the final determination of the 15,325
commissioner. Upon receipt of a properly filed petition, the 15,326
commissioner shall notify the treasurer of state. 15,327
Unless the petitioner waives a hearing, the commissioner 15,329
shall grant the petitioner a hearing on the petition, assign a 15,330
time and place for the hearing, and notify the petitioner of the 15,331
time and place of the hearing, by personal service or certified 15,332
mail. The commissioner may continue the hearing from time to 15,333
346
time, if necessary.
If the party to whom the notice of assessment is directed 15,335
does not file a petition for reassessment, the assessment is 15,336
final and the amount of the assessment is due and payable from 15,337
the company assessed to the treasurer of state. 15,338
(C) The tax commissioner may make any correction to the 15,340
assessment that the commissioner finds proper and shall issue a 15,341
final determination thereon. The commissioner shall serve a copy 15,342
of the final determination on the petitioner either by personal 15,343
service or certified mail, and the commissioner's decision in the 15,344
matter is final, subject to appeal under section 5717.02 of the 15,345
Revised Code. The commissioner also shall transmit a copy of the 15,347
final determination to the treasurer of state. Only objections 15,348
decided on the merits by the board of tax appeals or a court 15,349
shall be given collateral estoppel or res judicata effect in 15,351
considering an application for refund of an amount paid pursuant 15,352
to the assessment.
(D) After an assessment becomes final, if any portion of 15,354
the assessment, including accrued interest, remains unpaid, a 15,355
certified copy of the tax commissioner's entry making the 15,356
assessment final may be filed in the office of the clerk of the 15,357
court of common pleas in the county in which the natural gas 15,358
company's or combined electric and gas company's principal place 15,359
of business is located, or in the office of the clerk of court of 15,360
common pleas of Franklin county. 15,361
The clerk, immediately on the filing of the entry, must 15,363
enter judgment for the state against the company assessed in the 15,364
amount shown on the entry. The judgment may be filed by the 15,365
clerk in a loose-leaf book entitled, "special judgments for the 15,366
public utility excise tax on natural gas and combined electric 15,367
and gas companies," and shall have the same effect as other 15,369
judgments. Execution shall issue upon the judgment at the 15,370
request of the tax commissioner, and all laws applicable to sales 15,371
on execution shall apply to sales made under the judgment. 15,372
347
The portion of the assessment not paid within thirty days 15,374
after the day the assessment was issued shall bear interest at 15,375
the rate per annum prescribed by section 5703.47 of the Revised 15,376
Code from the day the tax commissioner issues the assessment 15,377
until it is paid. Interest shall be paid in the same manner as 15,378
the tax and may be collected by the issuance of an assessment 15,380
under this section.
(E) If the tax commissioner believes that collection of 15,382
the tax will be jeopardized unless proceedings to collect or 15,383
secure collection of the tax are instituted without delay, the 15,384
commissioner may issue a jeopardy assessment against the person 15,385
liable for the tax. On issuance of the jeopardy assessment, the 15,386
commissioner immediately shall file an entry with the clerk of 15,387
the court of common pleas in the manner prescribed by division 15,388
(D) of this section. Notice of the jeopardy assessment shall be 15,389
served on the party assessed or the party's legal representative 15,391
within five days of the filing of the entry with the clerk. The
total amount assessed is immediately due and payable, unless the 15,392
person assessed files a petition for reassessment in accordance 15,393
with division (B) of this section and provides security in a form 15,394
satisfactory to the commissioner and in an amount sufficient to 15,395
satisfy the unpaid balance of the assessment. Full or partial 15,396
payment of the assessment does not prejudice the commissioner's
consideration of the petition for reassessment. 15,397
(F) All interest collected by the tax commissioner under 15,399
this section shall be paid to the treasurer of state, and when 15,400
paid shall be considered revenue arising from the tax imposed by 15,401
section 5727.24 of the Revised Code. 15,402
(G) No assessment shall be made or issued against a 15,404
natural gas company or combined electric and gas company for the 15,405
tax imposed by section 5727.24 of the Revised Code more than four 15,406
years after the return date for the period in which the tax was 15,407
reported, or more than four years after the return for the period 15,408
was filed, whichever is later. 15,409
348
Sec. 5727.27. Every natural gas company or combined 15,418
electric and gas company liable for the tax imposed by section 15,419
5727.24 of the Revised Code shall keep complete and accurate 15,421
records as prescribed by the tax commissioner. The records shall 15,422
be preserved for four years after the return for the tax to which 15,424
the records pertain is due or filed, whichever is later. The 15,425
natural gas company or combined electric and gas company shall
make the records available for inspection by the commissioner or 15,426
the commissioner's agent, on the request of the commissioner or 15,427
agent. 15,428
Sec. 5727.28. (A) The treasurer of state shall refund to 15,437
a natural gas company or combined electric and gas company 15,438
subject to the tax imposed by section 5727.24 of the Revised 15,441
Code, the amount of tax paid illegally or erroneously, or paid on 15,442
an illegal or erroneous assessment. Applications for a refund 15,443
shall be filed with the tax commissioner, on a form prescribed by 15,444
the commissioner, within four years of the illegal or erroneous 15,445
payment of the tax. 15,446
On the filing of the application for a refund, the 15,448
commissioner shall determine the amount of refund due and certify 15,449
that amount to the director of budget and management and 15,450
treasurer of state for payment from the tax refund fund under 15,451
section 5703.052 of the Revised Code. If the application for 15,452
refund is for taxes paid on an illegal or erroneous assessment, 15,453
the tax commissioner shall include in the certified amount 15,454
interest calculated at the rate per annum prescribed under 15,455
section 5703.47 of the Revised Code from the date of overpayment 15,456
to the date of the commissioner's certification. 15,457
(B) If a natural gas company or combined electric and gas 15,459
company entitled to a refund of taxes under this section is 15,460
indebted to the state for any tax or fee administered by the tax 15,461
commissioner that is paid to the state or any charge, penalty, or 15,462
interest arising from such a tax or fee, the amount refundable 15,463
may be applied in satisfaction of that debt. If the amount 15,464
349
refundable is less than the amount of the debt, it may be applied 15,465
in partial satisfaction of the debt. If the amount refundable is 15,466
greater than the amount of the debt, the amount remaining after 15,467
satisfaction of the debt shall be refunded. 15,468
(C) In lieu of granting a refund under division (A) or (B) 15,471
of this section, the tax commissioner may allow a natural gas 15,472
company or combined electric and gas company to claim a credit of 15,473
the amount of the tax refund on the return for the period during 15,475
which the tax became refundable. The commissioner may require 15,476
the company to submit information to support a claim for a credit 15,477
under this division, and the commissioner may disallow the credit 15,478
if the information is not provided. 15,479
Sec. 5727.29. (A) Natural gas companies and combined 15,488
electric and gas companies shall be entitled to a refundable 15,489
credit equal to the following: 15,490
(1) For natural gas companies, the sum of the three 15,492
payments of the excise tax on gross receipts made pursuant to 15,493
section 5727.31 of the Revised Code on or before October 15, 15,494
1999, and on or before the first day of March and June 2000; 15,495
(2) For combined electric and gas companies, the sum of 15,497
the three ESTIMATED payments of the excise tax on gross receipts 15,499
derived from operating as a natural gas company made pursuant to 15,500
section 5727.31 of the Revised Code on or before October 15, 15,501
1999, and on or before the first day of March and June 2000, 15,502
MULTIPLIED BY A NUMERATOR THAT IS THE TAXABLE GROSS RECEIPTS FROM 15,504
OPERATING AS A NATURAL GAS COMPANY AS DETERMINED UNDER DIVISION 15,505
(D) OF SECTION 5727.03 OF THE REVISED CODE, AND A DENOMINATOR 15,506
THAT IS THE ENTIRE TAXABLE GROSS RECEIPTS FOR THE COMBINED
COMPANY, FOR THE PERIOD ENDING APRIL 30, 2000. To calculate the 15,508
credit allowed under division (A)(2) of this section, each 15,509
combined electric and gas company shall file a separate report as 15,511
prescribed by the tax commissioner segregating gross receipts 15,512
from operating as an electric company and gross receipts from 15,513
operating as a natural gas company, for the period ending April 15,514
350
30, 2000.
(B) Natural gas companies and combined electric and gas 15,516
companies shall claim one-sixtieth of the credit calculated under 15,517
division (A) of this section on each return filed under division 15,519
(A) of section 5727.25 of the Revised Code until the full amount 15,521
of the credit is claimed. The credit first may be claimed on the
return filed on or before November 15, 2001, pursuant to division 15,523
(A) of section 5727.25 of the Revised Code. If the credit 15,525
allowed under this section exceeds the total taxes due for any
quarter, the tax commissioner shall refund or credit the excess 15,526
in accordance with section 5727.28 of the Revised Code. IN THE 15,527
EVENT A NATURAL GAS COMPANY OR COMBINED COMPANY ENTITLED TO THE 15,529
CREDIT SELLS OR TRANSFERS ALL OR A MAJORITY OF ITS NATURAL GAS
ASSETS, ANY SUCH UNUSED CREDIT SHALL TRANSFER TO THE NEW OWNER OF 15,530
THOSE ASSETS. IF THE SALE OR TRANSFER TAKES PLACE AFTER APRIL 15,531
30, 2000, THE CREDIT FOR THE TAX PERIOD IN WHICH ALL OR A 15,532
MAJORITY OF THE ASSETS ARE SOLD SHALL BE SPLIT PROPORTIONALLY 15,533
BETWEEN THE NATURAL GAS COMPANY OR COMBINED COMPANY AND THE NEW 15,534
OWNER, BASED ON A RATIO THAT IS THE NUMBER OF DAYS IN THE TAX 15,536
PERIOD THAT THE ASSETS WERE OWNED BY THE COMPANY AS COMPARED TO 15,537
THE NEW OWNER.
(C) If the excise tax imposed by section 5727.24 of the 15,539
Revised Code is repealed or amended AFTER THE EFFECTIVE DATE OF 15,540
THIS AMENDMENT, natural gas companies and combined electric and 15,542
gas companies and their successors and assigns shall be allowed 15,543
to apply the credit allowed under this section to any other tax, 15,545
additional charge, penalty, interest, or fee administered by the 15,546
tax commissioner. Under no circumstances shall payment of the 15,547
refundable credit granted by this section be accelerated. 15,548
Sec. 5727.30. Each (A) EXCEPT AS PROVIDED IN DIVISIONS 15,558
(B) AND (C) OF THIS SECTION, EACH public utility, except electric 15,559
companies, rural electric companies, and railroad companies and 15,560
natural gas companies, shall be subject to an annual excise tax, 15,562
as provided by sections 5727.31 to 5727.62 of the Revised Code, 15,563
351
for the privilege of owning property in this state or doing
business in this state during the twelve-month period next 15,564
succeeding the period upon which the tax is based. The tax shall 15,565
be imposed against each such public utility that, on the first 15,566
day of such twelve-month period, owns property in this state or 15,567
is doing business in this state, and the lien for the tax, 15,568
including any penalties and interest accruing thereon, shall
attach on such day to the property of the public utility in this 15,569
state.
(B) AN ELECTRIC COMPANY'S OR A RURAL ELECTRIC COMPANY'S 15,572
GROSS RECEIPTS RECEIVED AFTER APRIL 30, 2001, ARE NOT SUBJECT TO 15,573
THE ANNUAL EXCISE TAX IMPOSED BY THIS SECTION. 15,574
(C) A NATURAL GAS COMPANY'S GROSS RECEIPTS RECEIVED AFTER 15,576
APRIL 30, 2000, ARE NOT SUBJECT TO THE ANNUAL EXCISE TAX IMPOSED 15,578
BY THIS SECTION. 15,579
Sec. 5727.31. (A) Each public utility subject to the 15,589
EXCISE tax imposed under by section 5727.30 of the Revised Code, 15,591
annually, on or before the first day of August, shall file with
the tax commissioner a statement in such form as the commissioner 15,592
prescribes. 15,593
(B)(1) Annually, on or before the fifteenth day of October 15,595
of the current year, each public utility whose estimated excise 15,596
taxes for the current year as based upon the statement required 15,597
to be filed in that year by division (A) of this section are one 15,599
thousand dollars or more shall file with the treasurer of state a 15,601
report, in such form as the tax commissioner prescribes, showing 15,602
the amount of excise tax estimated to be charged or levied 15,603
pursuant to law for the current year upon the basis of such 15,604
annual statement, and shall remit a portion of the estimated 15,605
excise taxes shown to be due by the report. The portion of the 15,606
estimated excise taxes due at the time the report is filed shall 15,607
be one-third of its total excise taxes estimated to be charged or 15,608
levied for the current year based upon the annual statement filed 15,609
under division (A) of this section. 15,610
352
(2) Annually, on or before the first day of March and 15,612
June, each public utility whose excise taxes as based upon its 15,613
last preceding annual statement filed under division (A) of this 15,614
section prior to the first day of January were one thousand 15,616
dollars or more shall file with the treasurer of state a report, 15,618
in such form as the tax commissioner prescribes, showing the 15,619
amount of excise tax charged or levied pursuant to law upon the 15,620
basis of such annual statement, and shall remit a portion of the 15,621
excise taxes shown to be due by each such report. The portion of 15,622
the excise taxes due at the time each such report is filed shall 15,623
be one-third of its total excise taxes so charged or levied based 15,624
upon such annual statement.
(C) Any public utility subject to the excise taxes imposed 15,626
by section 5727.30 of the Revised Code whose tax as certified 15,628
under section 5727.38 of the Revised Code in a year equals or 15,629
exceeds the amount specified for that year in section 5727.311 of 15,630
the Revised Code shall make the payments required under this 15,631
section in the second ensuing and each succeeding year in the 15,632
manner prescribed by section 5727.311 of the Revised Code, except 15,633
as otherwise prescribed by that section. 15,634
(D)(1) For purposes of this section, a report required to 15,636
be filed under division (B) of this section is considered filed 15,637
when it is received by the treasurer of state. 15,638
(2) For purposes of this section and sections 5727.311 and 15,640
5727.42 of the Revised Code, remittance of an excise tax required 15,641
to be made under this section is considered to be made when the 15,642
remittance is received by the treasurer of state, or when 15,643
credited to an account designated by the treasurer of state for 15,644
the receipt of tax remittances. 15,645
Sec. 5727.311. (A) Any public utility subject to an 15,654
excise tax imposed by section 5727.30 of the Revised Code whose 15,655
tax as certified by the tax commissioner under section 5727.38 of 15,657
the Revised Code equals or exceeds fifty thousand dollars shall 15,658
make each payment required under division (B) of section 5727.31 15,660
353
of the Revised Code for the second ensuing and each succeeding 15,661
year by electronic funds transfer as prescribed by division 15,663
(B)(C) of this section. 15,664
If the tax certified by the tax commissioner in each of two 15,666
consecutive years is less than fifty thousand dollars, the public 15,668
utility is relieved of the requirement to remit taxes by 15,669
electronic funds transfer for the year that next follows the 15,670
second of the consecutive years in which the tax certified is 15,671
less than fifty thousand dollars, and is relieved of that 15,672
requirement for each succeeding year unless the tax certified in 15,673
a subsequent year equals or exceeds fifty thousand dollars. 15,674
(B) The tax commissioner shall notify each public utility 15,676
required by this section or section 5727.25 of the Revised Code 15,677
to remit taxes by electronic funds transfer of the public 15,679
utility's obligation to do so, shall maintain an updated list of 15,680
those public utilities, and shall timely certify the list and any 15,681
additions thereto or deletions therefrom to the treasurer of 15,682
state. Failure by the tax commissioner to notify a public
utility subject to this section to remit taxes by electronic 15,683
funds transfer does not relieve the public utility of its 15,684
obligation to remit taxes by electronic funds transfer. 15,685
(C) Public utilities required by this section or section 15,688
5727.25 of the Revised Code to remit periodic payments by 15,689
electronic funds transfer shall remit such payments to the 15,690
treasurer of state in the manner prescribed by rules adopted by 15,691
the treasurer of state under section 113.061 of the Revised Code. 15,692
The payment of public utility excise taxes by electronic funds 15,693
transfer does not affect a public utility's obligation to file 15,694
the annual statement and periodic reports in the manner and at 15,695
the times prescribed by section 5727.31 of the Revised Code. 15,696
A public utility required by this section OR SECTION 15,698
5727.25 OF THE REVISED CODE to remit taxes by electronic funds 15,700
transfer may apply to the treasurer of state in the manner 15,701
prescribed by the treasurer of state to be excused from that
354
requirement. The treasurer of state may excuse the public 15,702
utility from remittance by electronic funds transfer for good 15,703
cause shown for the period of time requested by the public 15,704
utility or for a portion of that period. The treasurer of state 15,705
shall notify the tax commissioner and the public utility of the 15,706
treasurer of state's decision as soon as is practicable. 15,708
(D) If a public utility required by this section or 15,710
section 5727.25 of the Revised Code to remit taxes by electronic 15,712
funds transfer remits those taxes by some means other than by 15,713
electronic funds transfer as prescribed by this section and the 15,714
rules adopted by the treasurer of state, and the treasurer of 15,715
state determines that the failure to remit taxes as required was 15,716
not due to reasonable cause or was due to willful neglect, the 15,717
treasurer of state may impose an additional charge on the public 15,718
utility equal to five per cent of the amount of the taxes
required to be paid by electronic funds transfer, but not to 15,719
exceed five thousand dollars. Any additional charge imposed 15,720
under this section is in addition to any other penalty or charge 15,721
imposed under this chapter, and shall be considered as revenue 15,722
arising from excise taxes imposed by this chapter. 15,723
No additional charge shall be assessed under this division 15,725
against a public utility that has been notified of its obligation 15,726
to remit taxes under this section and that remits its first two 15,727
tax payments after such notification by some means other than 15,728
electronic funds transfer. The additional charge may be assessed 15,729
upon the remittance of any subsequent tax payment that the public 15,730
utility remits by some means other than electronic funds 15,731
transfer. 15,732
Sec. 5727.32. The (A) FOR THE PURPOSE OF THE TAX IMPOSED 15,741
BY SECTION 5727.30 OF THE REVISED CODE, THE statement required by 15,743
section 5727.31 of the Revised Code for the purpose of the tax 15,744
imposed by section 5727.30 of the Revised Code shall contain: 15,746
(A)(1) The name of the company; 15,748
(B)(2) The nature of the company, whether a person, 15,750
355
association, or corporation, and under the laws of what state or 15,751
country organized; 15,752
(C)(3) The location of its principal office; 15,754
(D)(4) The name and post-office address of the president, 15,756
secretary, auditor, treasurer, and superintendent or general 15,757
manager; 15,758
(E)(5) The name and post-office address of the chief 15,760
officer or managing agent of the company in this state; 15,761
(F)(6) The amount of the excise taxes paid or to be paid 15,763
with the reports made during the current calendar year as 15,764
provided by section 5727.31 of the Revised Code; 15,765
(G)(7) In the case of telegraph and telephone companies: 15,767
(1)(a) The gross receipts from all sources, whether 15,769
messages, telephone tolls, rentals, or otherwise, for business 15,770
done within this state, including all sums earned or charged, 15,771
whether actually received or not, for the year ending on the 15,772
thirtieth day of June, and the company's proportion of gross 15,773
receipts for business done by it within this state in connection 15,774
with other companies, firms, corporations, persons, or 15,775
associations, but excluding all of the following: 15,776
(a)(i) All of the receipts derived wholly from interstate 15,778
business or business done for or with the federal government; 15,779
(b)(ii) The receipts of amounts billed on behalf of other 15,781
entities; 15,782
(c)(iii) The receipts from sales to other telephone 15,784
companies for resale; 15,785
(d)(iv) The Receipts RECEIPTS from sales to providers of 15,788
telecommunications service for resale, receipts from incoming or 15,790
outgoing wide area transmission service or wide area transmission 15,791
type service, including eight hundred or eight-hundred-type 15,792
service, and receipts from private communications service. 15,793
As used in this division, "receipts from sales to other 15,795
telephone companies for resale" and "receipts from sales to 15,796
providers of telecommunications service for resale" include, but 15,797
356
are not limited to, receipts of carrier access charges. "Carrier 15,798
access charges" means compensation paid to the taxpayer telephone 15,799
company by another telephone company or by a provider of 15,800
telecommunications service for the use of the taxpayer's 15,801
facilities to originate or terminate telephone calls or 15,802
telecommunications service. 15,803
(2)(b) The total gross receipts for such period from 15,805
business done within this state. 15,806
(H)(8) In the case of all public utilities SUBJECT TO THE 15,808
TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE, except 15,810
electric companies, rural electric companies, natural gas 15,811
companies and telegraph companies, and telephone companies: 15,812
(1)(a) The gross receipts of the company, actually 15,814
received, from all sources for business done within this state 15,815
for the year next preceding the first day of May, including the 15,816
company's proportion of gross receipts for business done by it 15,817
within this state in connection with other companies, firms, 15,818
corporations, persons, or associations, but excluding all of the 15,819
following:
(a)(i) Receipts from interstate business or business done 15,821
for the federal government; 15,822
(b)(ii) Receipts from sales to other ANOTHER public 15,825
utilities UTILITY for resale, provided such other public utility 15,826
is required to file a statement pursuant SUBJECT to THE TAX 15,827
LEVIED BY section 5727.31 5727.24 OR 5727.30 of the Revised Code; 15,829
(c) Receipts that (iii) RECEIPTS FROM THE TRANSMISSION OR 15,832
DELIVERY OF ELECTRICITY TO OR FOR A RURAL ELECTRIC COMPANY, 15,833
PROVIDED THAT THE ELECTRICITY THAT HAS BEEN SO TRANSMITTED OR 15,834
DELIVERED IS FOR RESALE BY THE RURAL ELECTRIC COMPANY. THIS 15,835
DIVISION DOES NOT APPLY TO TAX YEARS 2002 AND THEREAFTER. 15,836
(iv) RECEIPTS OF AN ELECTRIC COMPANY, DERIVED FROM THE 15,838
PROVISION OF ELECTRICITY AND OTHER SERVICES TO A QUALIFIED FORMER 15,839
OWNER OF THE PRODUCTION FACILITIES THAT GENERATED THE ELECTRICITY 15,841
FROM WHICH THOSE RECEIPTS WERE DERIVED. THIS DIVISION DOES NOT 15,842
357
APPLY TO TAX YEARS 2002 AND THEREAFTER. AS USED IN THIS 15,843
DIVISION, A "QUALIFIED FORMER OWNER" MEANS A PERSON WHO MEETS 15,844
BOTH OF THE FOLLOWING CONDITIONS:
(I) ON OR BEFORE OCTOBER 11, 1991, THE PERSON HAD SOLD TO 15,847
AN ELECTRIC COMPANY PART OF THE PRODUCTION FACILITY AT WHICH THE 15,848
ELECTRICITY IS GENERATED, AND, FOR AT LEAST TWENTY YEARS PRIOR TO 15,849
THAT SALE, THE FACILITY WAS USED TO GENERATE ELECTRICITY, BUT IT 15,850
WAS NOT OWNED IN WHOLE OR IN PART DURING THAT PERIOD BY AN 15,851
ELECTRIC COMPANY. 15,852
(II) AT THE TIME THE ELECTRIC COMPANY PROVIDED THE 15,854
ELECTRICITY OR OTHER SERVICES FOR WHICH THE EXCLUSION IS CLAIMED, 15,855
THE PERSON, OR A SUCCESSOR OR ASSIGN OF THE PERSON, OWNED NOT 15,856
LESS THAN TWENTY PER CENT OF THE PRODUCTION FACILITY AND THE 15,857
RIGHTS TO NOT LESS THAN TWENTY PER CENT OF THE PRODUCTION OF THAT 15,858
FACILITY; AND THE PERSON, OR A SUCCESSOR OR ASSIGN OF THE PERSON, 15,859
ENGAGED PRIMARILY IN A BUSINESS OTHER THAN PROVIDING ELECTRICITY 15,860
TO OTHERS. 15,861
(v) Receipts of a combined electric and gas company 15,863
derived from operating as a natural gas company if the receipts 15,864
are THAT IS subject to the tax imposed by section 5727.24 of the 15,866
Revised Code.
(2)(b) The total gross receipts of such THE company, for 15,869
such period THE YEAR NEXT PRECEDING THE FIRST DAY OF MAY, in this 15,871
state from business done within the state.
(B) The reports required by section 5727.31 of the Revised 15,873
Code shall contain: 15,874
(a)(1) The name and principal mailing address of the 15,876
company;
(b)(2) The total amount of the gross receipts excise taxes 15,878
charged or levied as based upon its last preceding annual 15,879
statement filed prior to the first day of January of the year in 15,880
which such report is filed; 15,881
(c)(3) The amount of the excise taxes due with the report 15,883
as provided by section 5727.31 of the Revised Code. 15,884
358
Sec. 5727.33. (A) For the purpose of computing the excise 15,893
tax imposed by section 5727.24 or 5727.30 of the Revised Code, 15,894
the tax commissioner shall ascertain and determine the entire 15,896
gross receipts actually received from all sources FOR BUSINESS 15,897
DONE WITHIN THIS STATE ARE TAXABLE GROSS RECEIPTS, excluding the 15,898
receipts described in divisions (B), (C), (D), and (F)(E) of this 15,899
section, of each combined electric and gas, pipe-line, 15,900
water-works, heating, and water transportation company for 15,902
business done within this state for the year ending on the 15,903
thirtieth day of April, of each natural gas company for business 15,904
done within this state quarterly or yearly as provided in section
5727.25 of the Revised Code, and. THE GROSS RECEIPTS FOR THE TAX 15,906
YEAR of each telegraph and telephone company for business done 15,908
within this state for the year ending on SHALL BE COMPUTED FOR 15,909
THE PERIOD OF THE FIRST DAY OF JULY PRIOR TO THE TAX YEAR TO the 15,911
thirtieth day of June OF THE TAX YEAR. THE GROSS RECEIPTS OF 15,912
EACH NATURAL GAS COMPANY, INCLUDING A COMBINED COMPANY'S TAXABLE 15,914
GROSS RECEIPTS ATTRIBUTED TO A NATURAL GAS COMPANY ACTIVITY,
SHALL BE COMPUTED IN THE MANNER REQUIRED BY SECTION 5727.25 OF 15,916
THE REVISED CODE. THE GROSS RECEIPTS FOR THE TAX YEAR OF ANY 15,917
OTHER PUBLIC UTILITY SUBJECT TO SECTION 5727.30 OF THE REVISED 15,919
CODE SHALL BE COMPUTED FOR THE PERIOD OF THE FIRST DAY OF MAY 15,921
PRIOR TO THE TAX YEAR TO THE THIRTIETH DAY OF APRIL OF THE TAX 15,923
YEAR.
(B) In ascertaining and determining the gross receipts of 15,925
each of the companies named in PUBLIC UTILITY SUBJECT TO this 15,926
section, the commissioner shall exclude all of the following 15,928
GROSS RECEIPTS ARE EXCLUDED:
(1) All receipts derived wholly from interstate business; 15,930
(2) All receipts derived wholly from business done for or 15,932
with the federal government; 15,933
(3) All ALL RECEIPTS DERIVED WHOLLY FROM THE TRANSMISSION 15,936
OR DELIVERY OF ELECTRICITY TO OR FOR A RURAL ELECTRIC COMPANY, 15,937
PROVIDED THAT THE ELECTRICITY THAT HAS BEEN SO TRANSMITTED OR 15,938
359
DELIVERED IS FOR RESALE BY THE RURAL ELECTRIC COMPANY. THIS 15,939
DIVISION DOES NOT APPLY TO TAX YEARS 2002 AND THEREAFTER. 15,940
(4) All receipts from the sale of merchandise; 15,942
(4)(5) All receipts from sales to other public utilities, 15,944
except railroad, telegraph, and telephone companies, for resale, 15,945
provided the other public utility is required to file a statement 15,946
pursuant SUBJECT to THE TAX LEVIED BY section 5727.31 5727.24 OR 15,948
5727.30 of the Revised Code.
(C) In ascertaining and determining the gross receipts of 15,950
a telephone company, the commissioner shall exclude all of the 15,952
following GROSS RECEIPTS ARE EXCLUDED:
(1) Receipts of amounts billed on behalf of other 15,954
entities; 15,955
(2) Receipts from sales to other telephone companies for 15,957
resale, as defined in division (G)(A)(7) of section 5727.32 of 15,958
the Revised Code; 15,960
(3) Receipts from incoming or outgoing wide area 15,962
transmission service or wide area transmission type service, 15,964
including eight hundred or eight-hundred-type service; 15,965
(4) Receipts from private communications service as 15,967
described in division (AA)(2) of section 5739.01 of the Revised 15,969
Code;
(5) Receipts from sales to providers of telecommunications 15,972
service for resale, as defined in division (G)(A)(7) of section 15,974
5727.32 of the Revised Code. 15,975
(D) IN ASCERTAINING AND DETERMINING THE GROSS RECEIPTS OF 15,977
AN ELECTRIC COMPANY, RECEIPTS DERIVED FROM THE PROVISION OF 15,978
ELECTRICITY AND OTHER SERVICES TO A QUALIFIED FORMER OWNER OF THE 15,979
PRODUCTION FACILITIES THAT GENERATED THE ELECTRICITY FROM WHICH 15,980
THOSE RECEIPTS WERE DERIVED ARE EXCLUDED. THIS DIVISION DOES NOT 15,981
APPLY TO TAX YEARS 2002 AND THEREAFTER. AS USED IN THIS 15,982
DIVISION, A "QUALIFIED FORMER OWNER" MEANS A PERSON WHO MEETS 15,983
BOTH OF THE FOLLOWING CONDITIONS: 15,984
(1) ON OR BEFORE OCTOBER 11, 1991, THE PERSON HAD SOLD TO 15,986
360
AN ELECTRIC COMPANY PART OF THE PRODUCTION FACILITY AT WHICH THE 15,987
ELECTRICITY IS GENERATED, AND, FOR AT LEAST TWENTY YEARS PRIOR TO 15,988
THAT SALE, THE FACILITY WAS USED TO GENERATE ELECTRICITY, BUT IT 15,989
WAS NOT OWNED IN WHOLE OR PART DURING THAT PERIOD BY AN ELECTRIC 15,990
COMPANY. 15,991
(2) AT THE TIME THE ELECTRIC COMPANY PROVIDED THE 15,993
ELECTRICITY OR OTHER SERVICES FOR WHICH THE EXCLUSION IS CLAIMED, 15,994
THE PERSON, OR A SUCCESSOR OR ASSIGN OF THE PERSON, OWNED NOT 15,995
LESS THAN A TWENTY PER CENT OWNERSHIP OF THE PRODUCTION FACILITY 15,996
AND THE RIGHTS TO NOT LESS THAN TWENTY PER CENT OF THE PRODUCTION 15,997
OF THAT FACILITY.
(E) In ascertaining and determining the gross receipts of 15,999
a natural gas company, the commissioner shall exclude receipts of 16,000
amounts billed on behalf of other entities ARE EXCLUDED. 16,002
Transportation and billing and collection fees charged to other 16,004
entities shall be included in the gross receipts of a natural gas 16,005
company.
(F) In ascertaining and determining the gross receipts of 16,007
a combined electric and gas company subject to the tax imposed by 16,008
section 5727.30 of the Revised Code, the commissioner shall 16,010
exclude all receipts derived from operating as a natural gas 16,011
company that are subject to the tax imposed by section 5727.24 of 16,012
the Revised Code ARE EXCLUDED. 16,013
(G) Except as provided in division (H) of this section, 16,016
the amount ascertained by the commissioner under this section, 16,017
less a deduction of twenty-five thousand dollars, shall be the 16,018
TAXABLE gross receipts of such companies for business done within 16,019
this state for that year. 16,020
(H) The amount ascertained by the commissioner under this 16,022
section, less the following deduction, shall be the TAXABLE gross 16,023
receipts of a natural gas company or combined electric and gas 16,026
company SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE 16,027
REVISED CODE for business done within this state:
(1) For a natural gas company that files quarterly returns 16,029
361
of the tax imposed by section 5727.24 of the Revised Code, six 16,030
thousand two hundred fifty dollars for each quarterly return; 16,032
(2) For a natural gas company that files an annual return 16,034
of the tax imposed by section 5727.24 of the Revised Code, 16,035
twenty-five thousand dollars for each annual return; 16,037
(3) For a combined electric and gas company, twenty-five 16,039
thousand dollars on the annual statement filed under section 16,040
5727.31 of the Revised Code. A combined electric and gas company 16,041
shall not be entitled to a deduction in computing gross receipts 16,042
subject to the tax imposed by section 5727.24 of the Revised 16,043
Code.
Sec. 5727.38. On or before the first Monday of November, 16,052
annually, the tax commissioner shall assess an excise tax against 16,053
each public utility, and natural gas companies subject to the 16,055
excise tax under section 5727.30 of the Revised Code. The tax 16,056
shall be computed by multiplying the TAXABLE gross receipts as 16,057
determined by the commissioner under section 5727.33 of the 16,059
Revised Code by six and three-fourths per cent in the case of 16,060
pipe-line companies, and four and three-fourths per cent in the 16,062
case of all other companies. The minimum tax for any such 16,063
company for owning property or doing business in this state shall 16,064
be fifty dollars. The assessment shall be certified to the 16,065
taxpayer and treasurer of state.
Sec. 5727.42. (A) The treasurer of state shall maintain a 16,074
list of all taxes levied and payments made pursuant to the annual 16,076
excise tax imposed by section 5727.30 of the Revised Code. The
treasurer of state shall collect and the taxpayer shall pay all 16,077
taxes and any penalties thereon. Payments of the tax imposed by 16,078
section 5727.30 of the Revised Code may be made by mail, in 16,079
person, by electronic funds transfer if required to do so by 16,081
section 5727.311 of the Revised Code, or by any other means 16,082
authorized by the treasurer of state. The treasurer of state may 16,083
adopt rules concerning the methods and timeliness of payment. 16,084
(B) Each tax bill issued pursuant to this section shall 16,086
362
separately reflect the taxes due, due date, and any other 16,087
information considered necessary. The last day on which payment 16,088
may be made without penalty shall be at least twenty but not more 16,089
than thirty days from the date of mailing the tax bill. The 16,090
treasurer of state shall mail the tax bill, and the mailing 16,091
thereof OF IT shall be prima-facie evidence of receipt thereof by 16,093
the taxpayer. 16,094
(C) The treasurer of state shall refund taxes levied and 16,096
payments made for the tax imposed by section 5727.30 of the 16,097
Revised Code as provided in this section, but no refund shall be 16,098
made to a taxpayer having a delinquent claim certified pursuant 16,099
to this section that remains unpaid. The treasurer of state may 16,100
consult the attorney general regarding such claims. 16,101
(D) Within twenty days after receipt of any excise tax 16,103
assessment certified to the treasurer of state for the tax 16,104
imposed by section 5727.30 of the Revised Code, the treasurer of 16,106
state shall:
(1) Ascertain the difference between the total taxes shown 16,108
on such assessment and the sum of all estimated payments, 16,110
exclusive of any penalties thereon, previously made for that 16,111
year.
(2) If the difference is a deficiency, the treasurer of 16,113
state shall issue a tax bill. 16,114
(3) If the difference is an excess, the treasurer of state 16,116
shall certify the name of the taxpayer and the amount to be 16,117
refunded to the director of budget and management for payment to 16,118
the taxpayer. 16,119
If the taxpayer has a deficiency for one tax year and an 16,121
excess for another tax year, or any combination thereof for more 16,122
than two years, the treasurer of state may determine the net 16,123
result and, depending on such result, proceed to mail a tax bill 16,124
or certify a refund. 16,125
(E) If a taxpayer fails to pay all taxes on or before the 16,127
due date shown on the tax bill, or fails to make an estimated 16,129
363
payment on or before the due date prescribed in division (B) of 16,130
section 5727.31 of the Revised Code, but makes payment within ten 16,131
calendar days of such date, the treasurer of state shall add a 16,132
penalty equal to five per cent of the amount that should have 16,133
been timely paid. If payment is not made within ten days of such 16,134
date, the treasurer of state shall add a penalty equal to fifteen 16,135
per cent of the amount that should have been timely paid. The 16,136
treasurer of state shall prepare a delinquent claim for each tax 16,137
bill on which penalties were added and certify such claims to the 16,138
attorney general and tax commissioner. The attorney general 16,139
shall proceed to collect the delinquent taxes and penalties 16,140
thereon in the manner prescribed by law and notify the treasurer 16,141
of state and tax commissioner of all collections. 16,142
the 16,144
Sec. 5727.60. If a person fails to file a report within 16,154
the time prescribed by section 5727.08 or 5727.31 of the Revised 16,155
Code, including any extensions of time granted by the tax
commissioner, a penalty of fifty dollars per month, not to exceed 16,156
five hundred dollars, may be imposed for each month or fraction 16,157
of a month elapsing between the due date of the report, including 16,158
any extensions, and the date the report was filed. The penalty 16,159
under this section for failing to file a report required by 16,160
section 5727.08 of the Revised Code shall be paid into the state 16,161
general revenue fund. If the penalty is not paid within fifteen 16,162
days after notice of the penalty is mailed to the person who 16,163
failed to timely file the report, the tax commissioner shall 16,164
certify the penalty as a claim to the attorney general for 16,166
collection. The penalty under this section for failing to file 16,167
the report required by section 5727.31 of the Revised Code shall 16,168
be deposited into the state treasury in the same manner as the 16,169
tax is deposited, and the commissioner may collect the penalty by 16,172
assessment pursuant to section 5727.38 of the Revised Code. The 16,173
tax commissioner may abate this penalty in full or in part. 16,174
Sec. 5733.33. (A) As used in this section: 16,184
364
(1) "Manufacturing machinery and equipment" means engines 16,186
and machinery, and tools and implements, of every kind used, or 16,187
designed to be used, in refining and manufacturing. 16,188
"Manufacturing machinery and equipment" does not include property 16,189
acquired after December 31, 1999, that is used: 16,190
(a) For the transmission and distribution of electricity; 16,192
(b) For the generation of electricity, if fifty per cent 16,194
or more of the electricity that the property generates is 16,195
consumed, during the one-hundred-twenty-month period commencing 16,197
with the date the property is placed in service, by persons that 16,198
are not related members to the person who generates the 16,199
electricity.
(2) "New manufacturing machinery and equipment" means 16,201
manufac turing MANUFACTURING machinery and equipment, the 16,202
original use in this state of which commences with the taxpayer 16,204
or with a partnership of which the taxpayer is a partner. "New 16,206
manufacturing machinery and equipment" does not include property 16,207
acquired after December 31, 1999, that is used:
(a) For the transmission and distribution of electricity; 16,209
(b) For the generation of electricity, if fifty per cent 16,211
or more of the electricity that the property generates is 16,212
consumed, during the one-hundred-twenty-month period commencing 16,214
with the date the property is placed in service, by persons that 16,215
are not related members to the person who generates the 16,216
electricity.
(3)(a) "Purchase" has the same meaning as in seetion 16,218
SECTION 179(d)(2) of the Internal Revenue Code. 16,220
(b) For purposes of this section, any property that is not 16,223
manufactured or assembled primarily by the taxpayer is considered 16,224
purchased at the time the agreement to acquire the property 16,226
becomes binding. Any property that is manufactured or assembled 16,227
primarily by the taxpayer is considered purchased at the time the 16,228
taxpayer places the property in service in the county for which
the taxpayer will calculate the county excess amount. 16,229
365
(c) Notwithstanding section 179(d) of the Internal Revenue 16,231
Code, a taxpayer's direct or indirect acquisition of new 16,232
manufacturing machinery and equipment is not purchased on or 16,233
after July 1, 1995, if the taxpayer, or a person whose 16,234
relationship to the taxpayer is described in subparagraphs (A), 16,235
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 16,236
had directly or indirectly entered into a binding agreement to 16,237
acquire the property at any time prior to July 1, 1995. 16,238
(4) "Qualifying period" means the period that begins July 16,240
1, 1995, and ends December 31, 2005. 16,241
(5) "County average new manufacturing machinery and 16,243
equipment investment" means either of the following: 16,244
(a) The average annual cost of new manufacturing machinery 16,247
and equipment purchased for use in the county during baseline 16,248
years, in the case of a taxpayer or partnership that was in 16,249
existence for more than one year during baseline years. 16,251
(b) Zero, in the case of a taxpayer or partnership that 16,253
was not in existence for more than one year during baseline 16,254
years. 16,255
(6) "Partnership" includes a limited liability company 16,258
formed under Chapter 1705. of the Revised Code or under the laws 16,260
of any other state, provided that the company is not classified 16,261
for federal income tax purposes as an association taxable as a 16,262
corporation. 16,263
(7) "Partner" includes a member of a limited liability 16,265
company formed under Chapter 1705. of the Revised Code or under 16,267
the laws of any other state, provided that the company is not 16,268
classified for federal income tax purposes as an association 16,269
taxable as a corporation. 16,270
(8) "Distressed area" means either a municipal corporation 16,272
that has a population of at least fifty thousand or a county that 16,274
meets two of the following criteria of economic distress, or a 16,275
municipal corporation the majority of the population of which is 16,276
situated in such a county:
366
(a) Its average rate of unemployment, during the most 16,279
recent five-year period for which data are available, is equal to 16,280
at least one hundred twenty-five per cent of the average rate of 16,281
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 16,284
per cent of the median county per capita income of the United 16,285
States as determined by the most recently available figures from 16,286
the United States census bureau; 16,287
(c)(i) In the case of a municipal corporation, at least 16,290
twenty per cent of the residents have a total income for the most 16,291
recent census year that is below the official poverty line; 16,292
(ii) In the case of a county, in intercensal years, the 16,295
county has a ratio of transfer payment income to total county 16,296
income equal to or greater than twenty-five per cent. 16,297
(9) "Eligible area" means a distressed area, a labor 16,299
surplus area, an inner city area, or a situational distress area. 16,301
(10) "Inner city area" means, in a municipal corporation 16,303
that has a population of at least one hundred thousand and does 16,304
not meet the criteria of a labor surplus area or a distressed 16,305
area, targeted investment areas established by the municipal 16,306
corporation within its boundaries that are comprised of the most 16,307
recent census block tracts that individually have at least twenty 16,308
per cent of their population at or below the state poverty level 16,309
or other census block tracts contiguous to such census block 16,310
tracts.
(11) "Labor surplus area" means an area designated as a 16,312
labor surplus area by the United States department of labor. 16,314
(12) "Official poverty line" has the same meaning as in 16,316
division (A) of section 3923.51 of the Revised Code. 16,317
(13) "Situational distress area" means a county or a 16,319
municipal corporation that has experienced or is experiencing a 16,320
closing or downsizing of a major employer, that will adversely 16,321
affect the county's or municipal corporation's economy. In order 16,323
to be designated as a situational distress area for a period not 16,324
367
to exceed thirty-six months, the county or municipal corporation 16,325
may petition the director of development. The petition shall 16,326
include written documentation that demonstrates all of the 16,327
following adverse effects on the local economy: 16,328
(a) The number of jobs lost by the closing or downsizing; 16,330
(b) The impact that the job loss has on the county's or 16,333
municipal corporation's unemployment rate as measured by the 16,334
state director of job and family services; 16,335
(e)(c) The annual payroll associated with the job loss; 16,337
(d) The amount of state and local taxes associated with 16,339
the job loss;
(e) The impact that the closing or downsizing has on the 16,341
suppliers located in the county or municipal corporation. 16,342
(14) "Cost" has the same meaning and limitation as in 16,344
section 179(d)(3) 6f OF the Internal Revenue Code. 16,345
(15) "Baseline years" means: 16,347
(a) Calendar years 1992, 1993, and 1994, with regard to a 16,349
credit claimed for the purchase during calendar year 1995, 1996, 16,350
1997, or 1998 of new manufacturing machinery and equipment; 16,351
(b) Calendar years 1993, 1994, and 1995, with regard to a 16,353
credit claimed for the purchase during calendar year 1999 of new 16,354
manufacturing machinery and equipment; 16,355
(c) Calendar years 1994, 1995, and 1996, with regard to a 16,357
credit claimed for the purchase during calendar year 2000 of new 16,358
manufacturing machinery and equipment; 16,359
(d) Calendar years 1995, 1996, and 1997, with regard to a 16,361
credit claimed for the purchase during calendar year 2001 of new 16,362
manufacturing machinery and equipment; 16,363
(e) Calendar years 1996, 1997, and 1998, with regard to a 16,365
credit claimed for the purchase during calendar year 2002 of new 16,366
manufacturing machinery and equipment; 16,367
(f) Calendar years 1997, 1998, and 1999, with regard to a 16,369
credit claimed for the purchase during calendar year 2003 of new 16,370
manufacturing machinery and equipment; 16,371
368
(g) Calendar years 1998, 1999, and 2000, with regard to a 16,373
credit claimed for the purchase during calendar year 2004 of new 16,374
manufacturing machinery and equipment; 16,375
(h) Calendar years 1999, 2000, and 2001, with regard to a 16,377
credit claimed for the purchase during calendar year 2005 of new 16,378
manufacturing machinery and equipment; 16,379
(16) "Related member" has the same meaning as in section 16,381
5733.042 of the Revised Code. 16,382
(B)(1) Subject to division (J)(I) of this section, a 16,384
nonrefundable credit is allowed against the tax imposed by 16,386
section 5733.06 of the Revised Code for a taxpayer that purchases 16,387
new manufacturing machinery and equipment during the qualifying 16,388
period, provided that the new manufacturing machinery and 16,389
equipment are installed in this state no later than December 31, 16,391
2006.
(2) The credit is also available to a taxpayer that is a 16,393
partner in a partnership that purchases new manufacturing 16,394
machinery and equipment during the qualifying period, provided 16,395
that the partnership installs the new manufacturing machinery and 16,396
equipment in this state no later than December 31, 2006. The 16,397
taxpayer shall determine the credit amount as provided in 16,399
division (H) of this section.
(3)(a) Except as otherwise provided in division 16,402
(B)(3)(2)(b) of this section, a credit may be claimed under this 16,403
section in excess of one million dollars only if the cost of all 16,404
manufacturing machinery and equipment owned in this state by the 16,405
taxpayer claiming the credit on the last day of the calendar year 16,406
exceeds the cost of all manufacturing machinery and equipment 16,407
owned in this state by the taxpayer on the first day of that 16,408
calendar year.
As used in division (B)(3)(2)(a) of this section, "calendar 16,411
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 16,412
(b) Division (B)(3)(2)(a) of this section does not apply 16,415
369
if the taxpayer claiming the credit applies for and is issued a 16,416
waiver of the requirement of that division. A taxpayer may apply 16,417
to the director of development for such a waiver in the manner 16,418
prescribed by the director, and the director may issue such a 16,419
waiver if the director determines that granting the credit is 16,420
necessary to increase or retain employees in this state, and that 16,422
the credit has not caused relocation of manufacturing machinery 16,423
and equipment among counties within this state for the primary 16,424
purpose of qualifying for the credit. 16,425
(C)(1) Except as otherwise provided in division (C)(2) and 16,428
division (J)(I) of this section, the credit amount is equal to 16,429
seven and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 16,431
calendar year for use in a county over the county average new 16,432
manufacturing machinery and equipment investment for that county. 16,433
(2) Subject to division (J)(I) of this section, as used in 16,436
division (C)(2) of this section "county excess" means the 16,437
taxpayer's excess cost for a county as computed under division 16,439
(C)(1) of this section.
Subject to division (J)(I) of this section, a taxpayer with 16,442
a county excess, whose purchases included purchases for use in 16,443
any eligible area in the county, the credit amount is equal to 16,444
thirteen and one-half per cent of the cost of the new 16,445
manufacturing machinery and equipment purchased during the 16,446
calendar year for use in the eligible areas in the county, 16,447
provided that the cost subject to the thirteen and one-half per 16,448
cent rate shall not exceed the county excess. If the county 16,449
excess is greater than the cost of the new manufacturing 16,450
machinery and equipment purchased during the calendar year for 16,452
use in eligible areas in the county, the credit amount also shall 16,453
include an amount equal to seven and one-half per cent of the 16,454
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 16,456
manufacturing machinery and equipment in more than one county or 16,457
370
eligible area, it shall aggregate the amount of those credits 16,458
each year.
(4) The taxpayer shall claim one-seventh of the credit 16,460
amount for the tax year immediately following the calendar year 16,461
in which the new manufacturing machinery and equipment is 16,462
purchased for use in the county by the taxpayer or partnership. 16,464
One-seventh of the taxpayer credit amount is allowed for each of 16,465
the six ensuing tax years. Except for carried-forward amounts, 16,466
the taxpayer is not allowed any credit amount remaining if the 16,467
new manufacturing machinery and equipment is sold by the taxpayer 16,469
or partnership or is transferred by the taxpayer or partnership 16,470
out of the county before the end of the seven-year period unless, 16,471
at the time of the sale or transfer, the new manufacturing
machinery and equipment has been fully depreciated for federal 16,472
income tax purposes. 16,473
(5)(a) A taxpayer that acquires manufacturing machinery 16,475
and equipment as a result of a merger with the taxpayer with whom 16,477
commenced the original use in this state of the manufacturing 16,478
machinery and equipment, or with a taxpayer that was a partner in 16,479
a partnership with whom commenced the original use in this state 16,480
of the manufacturing machinery and equipment, is entitled to any 16,481
remaining or carried-forward credit amounts to which the taxpayer 16,482
was entitled.
(b) A taxpayer that enters into an agreement under 16,484
division (C)(3) of section 5709.62 of the Revised Code and that 16,485
acquires manufacturing machinery or equipment as a result of 16,487
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 16,488
commenced the original use in this state of the manufacturing 16,490
machinery or equipment, and that operates the large manufacturing 16,491
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 16,492
sold the facility would have been entitled under this section had 16,494
the other taxpayer not sold the manufacturing facility or 16,495
371
equipment.
(c) New manufacturing machinery and equipment is not 16,498
considered sold if a pass-through entity transfers to another 16,499
pass-through entity substantially all of its assets as part of a 16,500
plan of reorganization under which substantially all gain and 16,501
loss is not recognized by the pass-through entity that is 16,502
transferring the new manufacturing machinery and equipment to the 16,503
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 16,504
in part, by reference to the basis of the pass-through entity 16,505
which transferred the new manufacturing machinery and equipment 16,506
to the transferee. 16,507
(d) Division (C)(5) of this section shall apply only if 16,509
the acquiring taxpayer or transferee does not sell the new 16,511
manufacturing machinery and equipment or transfer the new 16,512
manufacturing machinery and equipment out of the county before 16,513
the end of the seven-year period to which division (C)(4) of this 16,514
section refers.
(e) Division (C)(5)(b) of this section applies only to the 16,517
extent that the taxpayer that sold the manufacturing machinery or 16,518
equipment, upon request, timely provides to the tax commissioner 16,519
any information that the tax commissioner considers to be 16,520
necessary to ascertain any remaining or carried-forward amounts 16,521
to which the taxpayer that sold the facility would have been 16,522
entitled under this section had the taxpayer not sold the 16,523
manufacturing machinery or equipment. Nothing in division 16,524
(C)(5)(b) or (e) of this section shall be construed to allow a 16,526
taxpayer to claim any credit amount with respect to the acquired 16,527
manufacturing machinery or equipment that is greater than the 16,528
amount that would have been available to the other taxpayer that 16,529
sold the manufacturing machinery or equipment had the other 16,530
taxpayer not sold the manufacturing machinery or equipment. 16,531
(D) The taxpayer shall claim the credit in the order 16,534
required under section 5733.98 of the Revised Code. Each year, 16,535
372
any credit amount in excess of the tax due under section 5733.06 16,536
of the Revised Code after allowing for any other credits that 16,538
precede the credit under this section in that order may be 16,539
carried forward for three tax years. 16,540
(E) A taxpayer purchasing new manufacturing machinery and 16,543
equipment and intending to claim the credit shall file, with the 16,544
department of development, a notice of intent to claim the credit 16,545
on a form prescribed by the department of development. The 16,546
department of development shall inform the tax commissioner of 16,547
the notice of intent to claim the credit. 16,548
(F) The director of development shall annually certify, by 16,551
the first day of January of each year during the qualifying 16,552
period, the eligible areas for the tax credit for the calendar 16,553
year that includes that first day of January. The director shall 16,554
send a copy of the certification to the tax commissioner. 16,555
(G) New manufacturing machinery and equipment for which a 16,557
taxpayer claims the credit under section 5733.31, 5733.311, 16,559
5747.26, or 5747.261 of the Revised Code shall not be considered 16,561
new manufacturing machinery and equipment for purposes of the 16,562
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 16,564
partnership, the county average new manufacturing machinery and 16,565
equipment investment shall be determined based on the number of 16,566
years, if any, the partnership was in existence during baseline 16,567
years. In determining the county average new manufacturing 16,568
machinery and equipment investment, the excess of the cost of new 16,569
manufacturing machinery and equipment purchased during the 16,570
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 16,571
taxpayer's proportionate share of the cost of new manufacturing 16,573
machinery and equipment purchased by a partnership in which the 16,574
corporation had a direct or indirect investment during the 16,575
calendar year prior to the first day of a tax year for which the 16,576
taxpayer is claiming the credit. These determinations and 16,577
373
calculations shall be made for the taxpayer's calendar year 16,578
during which the partnership made the purchase. 16,579
(2) Nothing in this section shall be construed to limit or 16,581
disallow pass-through treatment of a pass-through entity's 16,582
income, deductions, credits, or other amounts necessary to 16,583
compute the tax imposed by section 5733.06 of the Revised Code 16,584
and the credits allowed by this chapter. 16,585
(I)(1) Notwithstanding sections 5733.11 and 5747.13 of the 16,588
Revised Code, but subject to division (I)(H)(2) of this section, 16,589
the tax commissioner may issue an assessment against a person 16,590
with respect to a credit claimed under this section for new 16,591
manufacturing machinery and equipment described in division 16,592
(A)(1)(b) or (2)(b) of this section, if the machinery or 16,594
equipment subsequently does not qualify for the credit. 16,595
(2) Division (I)(H)(1) of this section shall not apply 16,597
after the twenty-fourth month following the last day of the 16,599
period described in divisions (A)(1)(b) and (2)(b) of this 16,601
section. 16,602
(J) In (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS 16,604
SECTION TO THE CONTRARY, IN the case of a taxpayer having a 16,605
related member or a group of taxpayers having a related member 16,607
QUALIFYING CONTROLLED GROUP, the credit available under this 16,608
section to the A taxpayer or group of taxpayers IN THE QUALIFYING 16,610
CONTROLLED GROUP shall be computed as if the taxpayer or all 16,611
taxpayers of CORPORATIONS IN the group and all such related 16,613
members were a consolidated, single taxpayer CORPORATION. The 16,615
credit shall be allocated to such A taxpayer or to such group of 16,618
taxpayers IN THE GROUP in any amount elected for the taxable year 16,619
by the taxpayer or group. Such election shall be revocable and 16,620
amendable during the period described in division (B) of section 16,622
5733.12 of the Revised Code with respect to the tax imposed by 16,624
section 5733.06 of the Revised Code and the period described in 16,625
division (B) of section 5747.11 of the Revised Code with respect 16,626
to the tax imposed by section 5747.02 of the Revised Code. 16,627
374
Nothing in this section shall be construed to treat as a purchase 16,629
the acquisition of new manufacturing machinery and equipment if
such purchase would not qualify as a purchase of new 16,631
manufacturing machinery and equipment without regard to the
consolidation requirement set forth in this section. 16,632
THIS DIVISION APPLIES TO ALL PURCHASES OF NEW MANUFACTURING 16,634
MACHINERY AND EQUIPMENT MADE ON OR AFTER JANUARY 1, 2001, AND TO 16,635
ALL BASELINE YEARS USED TO COMPUTE ANY CREDIT ATTRIBUTABLE TO 16,636
SUCH PURCHASES; PROVIDED, THAT THIS DIVISION MAY BE APPLIED 16,637
SOLELY AT THE ELECTION OF THE QUALIFYING CONTROLLED GROUP WITH 16,638
RESPECT TO ALL PURCHASES OF NEW MANUFACTURING MACHINERY AND 16,639
EQUIPMENT MADE BEFORE THAT DATE, AND TO ALL BASELINE YEARS USED 16,640
TO COMPUTE ANY CREDIT ATTRIBUTABLE TO SUCH PURCHASES. THE 16,641
QUALIFYING CONTROLLED GROUP AT ANY TIME MAY ELECT TO APPLY THIS 16,642
DIVISION TO PURCHASES MADE PRIOR TO JANUARY 1, 2001, SUBJECT TO 16,643
THE FOLLOWING:
(1) THE ELECTION IS IRREVOCABLE; 16,645
(2) THE ELECTION NEED NOT ACCOMPANY A TIMELY FILED REPORT, 16,647
BUT THE ELECTION MAY ACCOMPANY A SUBSEQUENTLY FILED BUT TIMELY 16,648
APPLICATION FOR REFUND, A SUBSEQUENTLY FILED BUT TIMELY AMENDED 16,649
REPORT, OR A SUBSEQUENTLY FILED BUT TIMELY PETITION FOR 16,650
REASSESSMENT.
Sec. 5735.05. (A) To provide revenue for maintaining the 16,659
state highway system; to widen existing surfaces on such 16,660
highways; to resurface such highways; to pay that portion of the 16,661
construction cost of a highway project which a county, township, 16,662
or municipal corporation normally would be required to pay, but 16,663
which the director of transportation, pursuant to division (B) of 16,664
section 5531.08 of the Revised Code, determines instead will be 16,665
paid from moneys in the highway operating fund; to enable the 16,666
counties of the state properly to plan, maintain, and repair 16,667
their roads and to pay principal, interest, and charges on bonds 16,668
and other obligations issued pursuant to Chapter 133. of the 16,669
Revised Code for highway improvements; to enable the municipal 16,670
375
corporations to plan, construct, reconstruct, repave, widen, 16,671
maintain, repair, clear, and clean public highways, roads, and 16,672
streets, and to pay the principal, interest, and charges on bonds 16,673
and other obligations issued pursuant to Chapter 133. of the 16,674
Revised Code for highway improvements; to enable the Ohio 16,675
turnpike commission to construct, reconstruct, maintain, and 16,676
repair turnpike projects; to maintain and repair bridges and 16,677
viaducts; to purchase, erect, and maintain street and traffic 16,678
signs and markers; to purchase, erect, and maintain traffic 16,679
lights and signals; to pay the costs apportioned to the public 16,680
under sections 4907.47 and 4907.471 of the Revised Code and to 16,681
supplement revenue already available for such purposes; to pay 16,682
the costs incurred by the public utilities commission in 16,683
administering sections 4907.47 to 4907.476 of the Revised Code; 16,684
to distribute equitably among those persons using the privilege 16,685
of driving motor vehicles upon such highways and streets the cost 16,686
of maintaining and repairing them; to pay the interest, 16,687
principal, and charges on highway capital improvements bonds and 16,688
other obligations issued pursuant to Section 2m of Article VIII, 16,690
Ohio Constitution, and sections 5528.51 to 5528.56 SECTION 151.06 16,693
of the Revised Code; to pay the interest, principal, and charges 16,694
on highway obligations issued pursuant to Section 2i of Article 16,695
VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the 16,696
Revised Code; and to provide revenue for the purposes of sections 16,697
1547.71 to 1547.78 of the Revised Code, a motor fuel excise tax 16,698
is hereby imposed on all motor fuel dealers upon receipt of motor 16,699
fuel within this state at the rate of two cents plus the cents 16,701
per gallon rate on each gallon so received, to be computed in the 16,702
manner set forth in section 5735.06 of the Revised Code; provided 16,704
that no tax is hereby imposed upon the following transactions: 16,705
(1) The sale of dyed diesel fuel by a licensed motor fuel 16,708
dealer from a location other than a retail service station 16,709
provided the licensed motor fuel dealer places on the face of the 16,710
delivery document or invoice, or both if both are used, a 16,711
376
conspicuous notice stating that the fuel is dyed and is not for 16,712
taxable use, and that taxable use of that fuel is subject to a 16,713
penalty. The tax commissioner, by rule, may provide that any 16,714
notice conforming to rules or regulations issued by the United 16,715
States department of the treasury or the Internal Revenue Service 16,716
is sufficient notice for the purposes of division (A)(1) of this 16,717
section;.
(2) The sale of K-1 (water clear) kerosene to a retail 16,719
service station, except when placed directly in the fuel supply 16,720
tank of a motor vehicle. Such sale shall be rebuttably presumed 16,721
to not be distributed or sold for use or used to generate power 16,722
for the operation of motor vehicles upon the public highways or 16,723
upon the waters within the boundaries of this state. 16,724
(3) The sale of motor fuel by a licensed motor fuel dealer 16,727
to another licensed motor fuel dealer;
(4) The exportation of motor fuel by a licensed motor fuel 16,731
dealer from this state to any other state or foreign country; 16,733
(5) The sale of motor fuel to the United States government 16,737
or any of its agencies, except such tax as is permitted by it, 16,738
where such sale is evidenced by an exemption certificate, in form 16,739
approved by the tax commissioner, executed by the United States 16,740
government or an agency thereof certifying that the motor fuel 16,741
therein identified has been purchased for the exclusive use of 16,742
the United States government or its agency; 16,743
(6) The sale of motor fuel which is in the process of 16,747
transportation in foreign or interstate commerce, except in so
far as it may be taxable under the Constitution and statutes of 16,749
the United States, and except as may be agreed upon in writing by 16,750
the dealer and the commissioner; 16,751
(7) The sale of motor fuel when sold exclusively for use 16,755
in the operation of aircraft, where such sale is evidenced by an 16,757
exemption certificate prescribed by the commissioner and executed 16,758
by the purchaser certifying that the motor fuel purchased has 16,759
been purchased for exclusive use in the operation of aircraft; 16,760
377
(8) The sale for exportation of motor fuel by a licensed 16,762
motor fuel dealer to a licensed exporter type A; 16,763
(9) The sale for exportation of motor fuel by a licensed 16,765
motor fuel dealer to a licensed exporter type B, provided that 16,766
the destination state motor fuel tax has been paid or will be 16,767
accrued and paid by the licensed motor fuel dealer. 16,768
Division (A)(1) of this section does not apply to the sale 16,771
or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the 16,772
boundaries of this state by persons permitted under regulations 16,773
of the United States department of the treasury or of the 16,775
Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section is 16,778
also for the purpose of paying the expenses of administering and 16,779
enforcing the state law relating to the registration and 16,780
operation of motor vehicles. 16,781
After the tax provided for by this section on the receipt 16,783
of any motor fuel has been paid by the motor fuel dealer, the 16,786
motor fuel may thereafter be used, sold, or resold by any person 16,788
having lawful title to it, without incurring liability for such 16,789
tax.
If a licensed motor fuel dealer sells motor fuel received 16,792
by the licensed motor fuel dealer to another licensed motor fuel 16,795
dealer, the seller may deduct on the report required by section 16,797
5735.06 of the Revised Code the number of gallons so sold for the 16,798
month within which the motor fuel was sold or delivered. In this 16,799
event the number of gallons is deemed to have been received by 16,800
the purchaser, who shall report and pay the tax imposed thereon. 16,801
Sec. 5735.23. (A) Out of receipts from the tax levied by 16,810
section 5735.05 of the Revised Code, the treasurer of state shall 16,811
place to the credit of the tax refund fund established by section 16,812
5703.052 of the Revised Code amounts equal to the refunds 16,813
certified by the tax commissioner pursuant to sections 5735.13, 16,814
5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised 16,815
378
Code. The treasurer of state shall then transfer the amount 16,816
required by section 5735.051 of the Revised Code to the waterways 16,818
safety fund and the amount required by section 4907.472 of the 16,819
Revised Code to the grade crossing protection fund. 16,820
(B) Except as provided in division (D) of this section, 16,823
each month the balance of the receipts from the tax levied by 16,824
section 5735.05 of the Revised Code shall be credited, after 16,825
receipt by the treasurer of state of certification from the 16,827
commissioners of the sinking fund, as required by section 5528.35 16,828
of the Revised Code, that there are sufficient moneys to the 16,830
credit of the highway obligations bond retirement fund to meet in 16,831
full all payments of interest, principal, and charges for the 16,832
retirement of highway obligations issued pursuant to Section 2i 16,833
of Article VIII, Ohio Constitution, and sections 5528.30 and 16,834
5528.31 of the Revised Code due and payable during the current 16,835
calendar year, as follows: 16,836
(1) To the state and local government highway distribution 16,838
fund, which is hereby created in the state treasury, an amount 16,839
that is the same percentage of the balance to be credited as that 16,840
portion of the tax per gallon determined under division (B)(2)(a) 16,841
of section 5735.06 of the Revised Code is of the total tax per 16,842
gallon determined under divisions (B)(2)(a) and (b) of that 16,843
section. 16,844
(2) After making the distribution to the state and local 16,846
government highway distribution fund, the remainder shall be 16,847
credited as follows: 16,848
(a) Thirty per cent to the gasoline excise tax fund for 16,850
distribution pursuant to division (A)(1) of section 5735.27 of 16,851
the Revised Code; 16,852
(b) Twenty-five per cent to the gasoline excise tax fund 16,854
for distribution pursuant to division (A)(3) of section 5735.27 16,855
of the Revised Code; 16,856
(c) Except as provided in division (D) of this section, 16,859
forty-five per cent to the highway operating fund for
379
distribution pursuant to division (B)(1) of section 5735.27 of 16,860
the Revised Code. 16,861
(C) From the balance in the state and local government 16,863
highway distribution fund on the last day of each month there 16,864
shall be paid the following amounts: 16,865
(1) To the local transportation improvement program fund 16,867
created by section 164.14 of the Revised Code, an amount equal to 16,868
a fraction of the balance in the state and local government 16,869
highway distribution fund, the numerator of which fraction is one 16,870
and the denominator of which fraction is that portion of the tax 16,871
per gallon determined under division (B)(2)(a) of section 5735.06 16,872
of the Revised Code; 16,873
(2) An amount equal to five cents multiplied by the number 16,875
of gallons of motor fuel sold at stations operated by the Ohio 16,877
turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day 16,878
of the month following. The funds paid to the commission 16,879
pursuant to this section shall be expended for the construction, 16,880
reconstruction, maintenance, and repair of turnpike projects, 16,881
except that the funds may not be expended for the construction of 16,882
new interchanges. The funds also may be expended for the 16,883
construction, reconstruction, maintenance, and repair of those 16,884
portions of connecting public roads that serve existing 16,885
interchanges and are determined by the commission and the 16,886
director of transportation to be necessary for the safe merging 16,887
of traffic between the turnpike and those public roads. 16,888
The remainder of the balance shall be distributed as 16,890
follows on the fifteenth day of the following month: 16,891
(a) Ten and seven-tenths per cent shall be paid to 16,893
municipal corporations for distribution pursuant to division 16,894
(A)(1) of section 5735.27 of the Revised Code and may be used for 16,895
any purpose for which payments received under that division may 16,896
be used. 16,897
(b) Five per cent shall be paid to townships for 16,899
380
distribution pursuant to division (A)(5) of section 5735.27 of 16,900
the Revised Code and may be used for any purpose for which 16,901
payments received under that division may be used. 16,902
(c) Nine and three-tenths per cent shall be paid to 16,904
counties for distribution pursuant to division (A)(3) of section 16,905
5735.27 of the Revised Code and may be used for any purpose for 16,906
which payments received under that division may be used. 16,907
(d) Except as provided in division (D) of this section, 16,910
the balance shall be transferred to the highway operating fund 16,911
and used for the purposes set forth in division (B)(1) of section 16,912
5735.27 of the Revised Code.
(D) Beginning on the first day of September each FISCAL 16,914
year and continuing until such time as the office of budget and 16,915
management receives certification from the commissioners of the 16,917
sinking fund pursuant to division (B) of section 5528.56 of the 16,918
Revised Code, any amounts required to be credited or transferred 16,920
to the highway operating fund pursuant to division (B)(2)(c) or 16,921
(C)(2)(d) of this section shall be credited or transferred to the 16,922
highway capital improvements IMPROVEMENT bond service fund 16,924
created in section 5528.55 151.06 of the Revised Code, UNTIL SUCH 16,925
TIME AS THE OFFICE OF BUDGET AND MANAGEMENT RECEIVES 16,926
CERTIFICATION FROM THE TREASURER OF STATE OR THE TREASURER OF
STATE'S DESIGNEE THAT SUFFICIENT MONEY HAS BEEN CREDITED OR 16,928
TRANSFERRED TO THE BOND SERVICE FUND TO MEET IN FULL ALL PAYMENTS 16,929
OF DEBT SERVICE AND FINANCING COSTS DUE DURING THE FISCAL YEAR 16,930
FROM THAT FUND.
Sec. 5739.02. For the purpose of providing revenue with 16,939
which to meet the needs of the state, for the use of the general 16,940
revenue fund of the state, for the purpose of securing a thorough 16,941
and efficient system of common schools throughout the state, for 16,942
the purpose of affording revenues, in addition to those from 16,943
general property taxes, permitted under constitutional 16,944
limitations, and from other sources, for the support of local 16,945
governmental functions, and for the purpose of reimbursing the 16,946
381
state for the expense of administering this chapter, an excise 16,947
tax is hereby levied on each retail sale made in this state. 16,948
(A) The tax shall be collected pursuant to the schedules 16,950
in section 5739.025 of the Revised Code. 16,951
The tax applies and is collectible when the sale is made, 16,953
regardless of the time when the price is paid or delivered. 16,954
In the case of a sale, the price of which consists in whole 16,956
or in part of rentals for the use of the thing transferred, the 16,957
tax, as regards such rentals, shall be measured by the 16,958
installments thereof. 16,959
In the case of a sale of a service defined under division 16,961
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 16,962
which consists in whole or in part of a membership for the 16,963
receipt of the benefit of the service, the tax applicable to the 16,964
sale shall be measured by the installments thereof. 16,965
(B) The tax does not apply to the following: 16,967
(1) Sales to the state or any of its political 16,969
subdivisions, or to any other state or its political subdivisions 16,970
if the laws of that state exempt from taxation sales made to this 16,971
state and its political subdivisions; 16,972
(2) Sales of food for human consumption off the premises 16,974
where sold; 16,975
(3) Sales of food sold to students only in a cafeteria, 16,977
dormitory, fraternity, or sorority maintained in a private, 16,978
public, or parochial school, college, or university; 16,979
(4) Sales of newspapers, and of magazine subscriptions 16,981
shipped by second class mail, and sales or transfers of magazines 16,982
distributed as controlled circulation publications; 16,983
(5) The furnishing, preparing, or serving of meals without 16,985
charge by an employer to an employee provided the employer 16,986
records the meals as part compensation for services performed or 16,987
work done; 16,988
(6) Sales of motor fuel upon receipt, use, distribution, 16,991
or sale of which in this state a tax is imposed by the law of 16,992
382
this state, but this exemption shall not apply to the sale of 16,993
motor fuel on which a refund of the tax is allowable under 16,994
section 5735.14 of the Revised Code; and the tax commissioner may 16,995
deduct the amount of tax levied by this section applicable to the 16,996
price of motor fuel when granting a refund of motor fuel tax 16,997
pursuant to section 5735.14 of the Revised Code and shall cause 16,998
the amount deducted to be paid into the general revenue fund of 16,999
this state;
(7) Sales of natural gas by a natural gas company, of 17,001
water by a water-works company, or of steam by a heating company, 17,002
if in each case the thing sold is delivered to consumers through 17,003
pipes or conduits, and all sales of communications services by a 17,004
telephone or telegraph company, all terms as defined in section 17,005
5727.01 of the Revised Code; 17,006
(8) Casual sales by a person, or auctioneer employed 17,008
directly by the person to conduct such sales, except as to such 17,010
sales of motor vehicles, watercraft or outboard motors required 17,011
to be titled under section 1548.06 of the Revised Code, 17,012
watercraft documented with the United States coast guard, 17,013
snowmobiles, and all-purpose vehicles as defined in section 17,014
4519.01 of the Revised Code; 17,015
(9) Sales of services or tangible personal property, other 17,017
than motor vehicles, mobile homes, and manufactured homes, by 17,019
churches or by nonprofit organizations operated exclusively for 17,020
charitable purposes as defined in division (B)(12) of this 17,021
section, provided that the number of days on which such tangible 17,022
personal property or services, other than items never subject to 17,023
the tax, are sold does not exceed six in any calendar year. If 17,024
the number of days on which such sales are made exceeds six in 17,025
any calendar year, the church or organization shall be considered 17,026
to be engaged in business and all subsequent sales by it shall be 17,027
subject to the tax. In counting the number of days, all sales by 17,028
groups within a church or within an organization shall be 17,029
considered to be sales of that church or organization, except 17,030
383
that sales made by separate student clubs and other groups of 17,031
students of a primary or secondary school, and sales made by a 17,032
parent-teacher association, booster group, or similar 17,033
organization that raises money to support or fund curricular or 17,034
extracurricular activities of a primary or secondary school, 17,035
shall not be considered to be sales of such school, and sales by 17,036
each such club, group, association, or organization shall be 17,037
counted separately for purposes of the six-day limitation. This 17,038
division does not apply to sales by a noncommercial educational 17,039
radio or television broadcasting station. 17,040
(10) Sales not within the taxing power of this state under 17,042
the Constitution of the United States; 17,043
(11) The transportation of persons or property, unless the 17,045
transportation is by a private investigation and security 17,046
service; 17,047
(12) Sales of tangible personal property or services to 17,049
churches, to organizations exempt from taxation under section 17,050
501(c)(3) of the Internal Revenue Code of 1986, and to any other 17,051
nonprofit organizations operated exclusively for charitable 17,052
purposes in this state, no part of the net income of which inures 17,053
to the benefit of any private shareholder or individual, and no 17,054
substantial part of the activities of which consists of carrying 17,055
on propaganda or otherwise attempting to influence legislation; 17,056
sales to offices administering one or more homes for the aged or 17,057
one or more hospital facilities exempt under section 140.08 of 17,058
the Revised Code; and sales to organizations described in 17,059
division (D) of section 5709.12 of the Revised Code. 17,060
"Charitable purposes" means the relief of poverty; the 17,062
improvement of health through the alleviation of illness, 17,063
disease, or injury; the operation of an organization exclusively 17,065
for the provision of professional, laundry, printing, and 17,066
purchasing services to hospitals or charitable institutions; the 17,068
operation of a home for the aged, as defined in section 5701.13 17,069
of the Revised Code; the operation of a radio or television 17,070
384
broadcasting station that is licensed by the federal 17,071
communications commission as a noncommercial educational radio or 17,072
television station; the operation of a nonprofit animal adoption 17,074
service or a county humane society; the promotion of education by 17,075
an institution of learning that maintains a faculty of qualified 17,076
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 17,077
curriculum; the operation of a parent-teacher association, 17,078
booster group, or similar organization primarily engaged in the 17,079
promotion and support of the curricular or extracurricular 17,080
activities of a primary or secondary school; the operation of a 17,081
community or area center in which presentations in music, 17,082
dramatics, the arts, and related fields are made in order to 17,083
foster public interest and education therein; the production of 17,084
performances in music, dramatics, and the arts; or the promotion 17,086
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 17,087
knowledge and information primarily for the public. 17,088
Nothing in this division shall be deemed to exempt sales to 17,090
any organization for use in the operation or carrying on of a 17,091
trade or business, or sales to a home for the aged for use in the 17,092
operation of independent living facilities as defined in division 17,093
(A) of section 5709.12 of the Revised Code. 17,094
(13) Building and construction materials and services sold 17,096
to construction contractors for incorporation into a structure or 17,097
improvement to real property under a construction contract with 17,098
this state or a political subdivision thereof, or with the United 17,099
States government or any of its agencies; building and 17,100
construction materials and services sold to construction 17,101
contractors for incorporation into a structure or improvement to 17,102
real property that are accepted for ownership by this state or 17,104
any of its political subdivisions, or by the United States 17,105
government or any of its agencies at the time of completion of 17,106
such structures or improvements; building and construction 17,107
385
materials sold to construction contractors for incorporation into 17,108
a horticulture structure or livestock structure for a person 17,109
engaged in the business of horticulture or producing livestock; 17,110
building materials and services sold to a construction contractor 17,111
for incorporation into a house of public worship or religious 17,112
education, or a building used exclusively for charitable purposes 17,113
under a construction contract with an organization whose purpose 17,114
is as described in division (B)(12) of this section; building and 17,115
construction materials sold for incorporation into the original 17,116
construction of a sports facility under section 307.696 of the 17,117
Revised Code; and building and construction materials and 17,118
services sold to a construction contractor for incorporation into 17,119
real property outside this state if such materials and services, 17,120
when sold to a construction contractor in the state in which the 17,121
real property is located for incorporation into real property in 17,122
that state, would be exempt from a tax on sales levied by that 17,123
state; 17,124
(14) Sales of ships or vessels or rail rolling stock used 17,126
or to be used principally in interstate or foreign commerce, and 17,127
repairs, alterations, fuel, and lubricants for such ships or 17,128
vessels or rail rolling stock; 17,129
(15) Sales to persons engaged in any of the activities 17,131
mentioned in division (E)(2) or (9) of section 5739.01 of the 17,132
Revised Code, to persons engaged in making retail sales, or to 17,133
persons who purchase for sale from a manufacturer tangible 17,134
personal property that was produced by the manufacturer in 17,135
accordance with specific designs provided by the purchaser, of 17,136
packages, including material, LABELS, and parts for packages, and 17,138
of machinery, equipment, and material for use primarily in 17,139
packaging tangible personal property produced for sale, INCLUDING 17,140
ANY MACHINERY, EQUIPMENT, AND SUPPLIES USED TO MAKE LABELS OR 17,141
PACKAGES, TO PREPARE PACKAGES OR PRODUCTS FOR LABELING, OR TO 17,142
LABEL PACKAGES OR PRODUCTS, by or on the order of the person 17,144
doing the packaging, or sold at retail. "Packages" includes 17,145
386
bags, baskets, cartons, crates, boxes, cans, bottles, bindings, 17,146
wrappings, and other similar devices and containers, and
"packaging" means placing therein. 17,147
(16) Sales of food to persons using food stamp coupons to 17,149
purchase the food. As used in division (B)(16) of this section, 17,150
"food" has the same meaning as in the "Food Stamp Act of 1977," 17,151
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 17,152
adopted pursuant to that act. 17,153
(17) Sales to persons engaged in farming, agriculture, 17,155
horticulture, or floriculture, of tangible personal property for 17,156
use or consumption directly in the production by farming, 17,157
agriculture, horticulture, or floriculture of other tangible 17,158
personal property for use or consumption directly in the 17,159
production of tangible personal property for sale by farming, 17,160
agriculture, horticulture, or floriculture; or material and parts 17,161
for incorporation into any such tangible personal property for 17,162
use or consumption in production; and of tangible personal 17,163
property for such use or consumption in the conditioning or 17,164
holding of products produced by and for such use, consumption, or 17,165
sale by persons engaged in farming, agriculture, horticulture, or 17,166
floriculture, except where such property is incorporated into 17,167
real property; 17,168
(18) Sales of drugs dispensed by a licensed pharmacist 17,171
upon the order of a licensed health professional authorized to 17,173
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 17,174
4729.01 of the Revised Code; insulin as recognized in the 17,176
official United States pharmacopoeia; urine and blood testing 17,177
materials when used by diabetics or persons with hypoglycemia to 17,178
test for glucose or acetone; hypodermic syringes and needles when 17,179
used by diabetics for insulin injections; epoetin alfa when 17,180
purchased for use in the treatment of persons with end-stage 17,181
renal disease; hospital beds when purchased for use by persons 17,183
with medical problems for medical purposes; and oxygen and 17,184
387
oxygen-dispensing equipment when purchased for use by persons 17,185
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 17,187
prostheses, and other prosthetic devices for humans; braces or 17,188
other devices for supporting weakened or nonfunctioning parts of 17,189
the human body; wheelchairs; devices used to lift wheelchairs 17,190
into motor vehicles and parts and accessories to such devices; 17,191
crutches or other devices to aid human perambulation; and items 17,192
of tangible personal property used to supplement impaired 17,193
functions of the human body such as respiration, hearing, or 17,194
elimination. No exemption under this division shall be allowed 17,195
for nonprescription drugs, medicines, or remedies; items or 17,196
devices used to supplement vision; items or devices whose 17,197
function is solely or primarily cosmetic; or physical fitness 17,198
equipment. This division does not apply to sales to a physician 17,199
or medical facility for use in the treatment of a patient. 17,200
(20) Sales of emergency and fire protection vehicles and 17,202
equipment to nonprofit organizations for use solely in providing 17,203
fire protection and emergency services for political subdivisions 17,204
of the state; 17,205
(21) Sales of tangible personal property manufactured in 17,207
this state, if sold by the manufacturer in this state to a 17,208
retailer for use in the retail business of the retailer outside 17,209
of this state and if possession is taken from the manufacturer by 17,211
the purchaser within this state for the sole purpose of 17,212
immediately removing the same from this state in a vehicle owned 17,213
by the purchaser;
(22) Sales of services provided by the state or any of its 17,215
political subdivisions, agencies, instrumentalities, 17,216
institutions, or authorities, or by governmental entities of the 17,217
state or any of its political subdivisions, agencies, 17,218
instrumentalities, institutions, or authorities; 17,219
(23) Sales of motor vehicles to nonresidents of this state 17,221
upon the presentation of an affidavit executed in this state by 17,222
388
the nonresident purchaser affirming that the purchaser is a 17,223
nonresident of this state, that possession of the motor vehicle 17,224
is taken in this state for the sole purpose of immediately 17,225
removing it from this state, that the motor vehicle will be 17,226
permanently titled and registered in another state, and that the 17,227
motor vehicle will not be used in this state; 17,228
(24) Sales to persons engaged in the preparation of eggs 17,230
for sale of tangible personal property used or consumed directly 17,231
in such preparation, including such tangible personal property 17,232
used for cleaning, sanitizing, preserving, grading, sorting, and 17,233
classifying by size; packages, including material and parts for 17,234
packages, and machinery, equipment, and material for use in 17,235
packaging eggs for sale; and handling and transportation 17,236
equipment and parts therefor, except motor vehicles licensed to 17,237
operate on public highways, used in intraplant or interplant 17,238
transfers or shipment of eggs in the process of preparation for 17,239
sale, when the plant or plants within or between which such 17,240
transfers or shipments occur are operated by the same person. 17,241
"Packages" includes containers, cases, baskets, flats, fillers, 17,242
filler flats, cartons, closure materials, labels, and labeling 17,243
materials, and "packaging" means placing therein. 17,244
(25)(a) Sales of water to a consumer for residential use, 17,246
except the sale of bottled water, distilled water, mineral water, 17,247
carbonated water, or ice; 17,248
(b) Sales of water by a nonprofit corporation engaged 17,250
exclusively in the treatment, distribution, and sale of water to 17,251
consumers, if such water is delivered to consumers through pipes 17,252
or tubing. 17,253
(26) Fees charged for inspection or reinspection of motor 17,255
vehicles under section 3704.14 of the Revised Code; 17,256
(27) Sales of solar, wind, or hydrothermal energy systems 17,258
that meet the guidelines established under division (B) of 17,259
section 1551.20 of the Revised Code, components of such systems 17,260
that are identified under division (B) or (D) of that section, or 17,261
389
charges for the installation of such systems or components, made 17,262
during the period from August 14, 1979, through December 31, 17,263
1985; 17,264
(28) Sales to persons licensed to conduct a food service 17,266
operation pursuant to section 3717.43 of the Revised Code, of 17,267
tangible personal property primarily used directly for the 17,268
following:
(a) To prepare food for human consumption for sale; 17,270
(b) To preserve food that has been or will be prepared for 17,273
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 17,274
selection by the consumer; 17,275
(c) To clean tangible personal property used to prepare or 17,277
serve food for human consumption for sale. 17,278
(29) Sales of animals by nonprofit animal adoption 17,280
services or county humane societies; 17,281
(30) Sales of services to a corporation described in 17,283
division (A) of section 5709.72 of the Revised Code, and sales of 17,284
tangible personal property that qualifies for exemption from 17,285
taxation under section 5709.72 of the Revised Code; 17,286
(31) Sales and installation of agricultural land tile, as 17,288
defined in division (B)(5)(a) of section 5739.01 of the Revised 17,289
Code; 17,290
(32) Sales and erection or installation of portable grain 17,292
bins, as defined in division (B)(5)(b) of section 5739.01 of the 17,293
Revised Code; 17,294
(33) The sale, lease, repair, and maintenance of, parts 17,296
for, or items attached to or incorporated in, motor vehicles that 17,299
are primarily used for transporting tangible personal property by 17,300
a person engaged in highway transportation for hire; 17,301
(34) Sales to the state headquarters of any veterans' 17,303
organization in Ohio that is either incorporated and issued a 17,304
charter by the congress of the United States or is recognized by 17,305
the United States veterans administration, for use by the 17,306
390
headquarters; 17,307
(35) Sales to a telecommunications service vendor of 17,309
tangible personal property and services used directly and 17,310
primarily in transmitting, receiving, switching, or recording any 17,311
interactive, two-way electromagnetic communications, including 17,312
voice, image, data, and information, through the use of any 17,313
medium, including, but not limited to, poles, wires, cables, 17,314
switching equipment, computers, and record storage devices and 17,315
media, and component parts for the tangible personal property. 17,316
The exemption provided in division (B)(35) of this section shall 17,317
be in lieu of all other exceptions under division (E)(2) of 17,318
section 5739.01 of the Revised Code to which a telecommunications 17,319
service vendor may otherwise be entitled based upon the use of 17,320
the thing purchased in providing the telecommunications service. 17,321
(36) Sales of investment metal bullion and investment 17,323
coins. "Investment metal bullion" means any elementary precious 17,324
metal that has been put through a process of smelting or 17,325
refining, including, but not limited to, gold, silver, platinum, 17,326
and palladium, and which is in such state or condition that its 17,327
value depends upon its content and not upon its form. 17,328
"Investment metal bullion" does not include fabricated precious 17,329
metal that has been processed or manufactured for one or more 17,331
specific and customary industrial, professional, or artistic 17,332
uses. "Investment coins" means numismatic coins or other forms 17,333
of money and legal tender manufactured of gold, silver, platinum, 17,334
palladium, or other metal under the laws of the United States or 17,335
any foreign nation with a fair market value greater than any 17,336
statutory or nominal value of such coins. 17,337
(37)(a) Sales where the purpose of the consumer is to use 17,339
or consume the things transferred in making retail sales and 17,340
consisting of newspaper inserts, catalogues, coupons, flyers, 17,341
gift certificates, or other advertising material that prices and 17,343
describes tangible personal property offered for retail sale. 17,344
(b) Sales to direct marketing vendors of preliminary 17,346
391
materials such as photographs, artwork, and typesetting that will 17,347
be used in printing advertising material; of printed matter that 17,348
offers free merchandise or chances to win sweepstake prizes and 17,349
that is mailed to potential customers with advertising material 17,350
described in division (B)(37)(a) of this section; and of 17,351
equipment such as telephones, computers, facsimile machines, and 17,352
similar tangible personal property primarily used to accept 17,353
orders for direct marketing retail sales. 17,354
(c) Sales of automatic food vending machines that preserve 17,356
food with a shelf life of forty-five days or less by 17,357
refrigeration and dispense it to the consumer. 17,358
For purposes of division (B)(37) of this section, "direct 17,360
marketing" means the method of selling where consumers order 17,361
tangible personal property by United States mail, delivery 17,362
service, or telecommunication and the vendor delivers or ships 17,363
the tangible personal property sold to the consumer from a 17,364
warehouse, catalogue distribution center, or similar fulfillment 17,365
facility by means of the United States mail, delivery service, or 17,366
common carrier. 17,367
(38) Sales to a person engaged in the business of 17,369
horticulture or producing livestock of materials to be 17,370
incorporated into a horticulture structure or livestock 17,371
structure; 17,372
(39) The sale of a motor vehicle that is used exclusively 17,374
for a vanpool ridesharing arrangement to persons participating in 17,375
the vanpool ridesharing arrangement when the vendor is selling 17,376
the vehicle pursuant to a contract between the vendor and the 17,377
department of transportation;
(40) Sales of personal computers, computer monitors, 17,379
computer keyboards, modems, and other peripheral computer 17,380
equipment to an individual who is licensed or certified to teach 17,381
in an elementary or a secondary school in this state for use by 17,382
that individual in preparation for teaching elementary or
secondary school students; 17,383
392
(41) Sales to a professional racing team of any of the 17,385
following: 17,386
(a) Motor racing vehicles; 17,388
(b) Repair services for motor racing vehicles; 17,391
(c) Items of property that are attached to or incorporated 17,394
in motor racing vehicles, including engines, chassis, and all 17,395
other components of the vehicles, and all spare, replacement, and 17,396
rebuilt parts or components of the vehicles; except not including 17,397
tires, consumable fluids, paint, and accessories consisting of 17,398
instrumentation sensors and related items added to the vehicle to 17,399
collect and transmit data by means of telemetry and other forms 17,400
of communication.
(42) Sales of used manufactured homes and used mobile 17,402
homes, as defined in section 5739.0210 of the Revised Code, made 17,403
on or after January 1, 2000; 17,404
(43) Sales of tangible personal property and services to a 17,406
provider of electricity used or consumed directly and primarily 17,407
in generating, transmitting, or distributing electricity for use 17,408
by others, including property that is or is to be incorporated 17,409
into and will become a part of the consumer's production, 17,410
transmission, or distribution system and that retains its 17,411
classification as tangible personal property after incorporation; 17,412
fuel or power used in the production, transmission, or 17,413
distribution of electricity; and tangible personal property and 17,414
services used in the repair and maintenance of the production, 17,415
transmission, or distribution system, including only those motor 17,416
vehicles as are specially designed and equipped for such use. 17,417
The exemption provided in this division shall be in lieu of all 17,418
other exceptions in division (E)(2) of section 5739.01 of the 17,419
Revised Code to which a provider of electricity may otherwise be 17,421
entitled based on the use of the tangible personal property or 17,422
service purchased in generating, transmitting, or distributing 17,423
electricity.
For the purpose of the proper administration of this 17,425
393
chapter, and to prevent the evasion of the tax, it is presumed 17,426
that all sales made in this state are subject to the tax until 17,427
the contrary is established. 17,428
As used in this section, except in division (B)(16) of this 17,430
section, "food" includes cereals and cereal products, milk and 17,431
milk products including ice cream, meat and meat products, fish 17,432
and fish products, eggs and egg products, vegetables and 17,433
vegetable products, fruits, fruit products, and pure fruit 17,434
juices, condiments, sugar and sugar products, coffee and coffee 17,435
substitutes, tea, and cocoa and cocoa products. It does not 17,436
include: spirituous or malt liquors; soft drinks; sodas and 17,437
beverages that are ordinarily dispensed at bars and soda 17,438
fountains or in connection therewith, other than coffee, tea, and 17,439
cocoa; root beer and root beer extracts; malt and malt extracts; 17,440
mineral oils, cod liver oils, and halibut liver oil; medicines, 17,441
including tonics, vitamin preparations, and other products sold 17,442
primarily for their medicinal properties; and water, including 17,443
mineral, bottled, and carbonated waters, and ice. 17,444
(C) The levy of an excise tax on transactions by which 17,446
lodging by a hotel is or is to be furnished to transient guests 17,447
pursuant to this section and division (B) of section 5739.01 of 17,448
the Revised Code does not prevent any of the following: 17,449
(1) A municipal corporation or township from levying an 17,451
excise tax for any lawful purpose not to exceed three per cent on 17,452
transactions by which lodging by a hotel is or is to be furnished 17,453
to transient guests in addition to the tax levied by this 17,454
section. If a municipal corporation or township repeals a tax 17,455
imposed under division (C)(1) of this section and a county in 17,456
which the municipal corporation or township has territory has a 17,457
tax imposed under division (C) of section 5739.024 of the Revised 17,458
Code in effect, the municipal corporation or township may not 17,459
reimpose its tax as long as that county tax remains in effect. A 17,460
municipal corporation or township in which a tax is levied under 17,461
division (B)(2) of section 351.021 of the Revised Code may not 17,462
394
increase the rate of its tax levied under division (C)(1) of this 17,463
section to any rate that would cause the total taxes levied under 17,464
both of those divisions to exceed three per cent on any lodging 17,465
transaction within the municipal corporation or township. 17,466
(2) A municipal corporation or a township from levying an 17,468
additional excise tax not to exceed three per cent on such 17,469
transactions pursuant to division (B) of section 5739.024 of the 17,470
Revised Code. Such tax is in addition to any tax imposed under 17,471
division (C)(1) of this section. 17,472
(3) A county from levying an excise tax pursuant to 17,474
division (A) of section 5739.024 of the Revised Code. 17,475
(4) A county from levying an excise tax not to exceed 17,477
three per cent of such transactions pursuant to division (C) of 17,478
section 5739.024 of the Revised Code. Such a tax is in addition 17,479
to any tax imposed under division (C)(3) of this section. 17,480
(5) A convention facilities authority, as defined in 17,482
division (A) of section 351.01 of the Revised Code, from levying 17,483
the excise taxes provided for in division (B) of section 351.021 17,484
of the Revised Code. 17,485
(6) A county from levying an excise tax not to exceed one 17,487
and one-half per cent of such transactions pursuant to division 17,488
(D) of section 5739.024 of the Revised Code. Such tax is in 17,489
addition to any tax imposed under division (C)(3) or (4) of this 17,490
section. 17,491
(7) A county from levying an excise tax not to exceed one 17,493
and one-half per cent of such transactions pursuant to division 17,494
(E) of section 5739.024 of the Revised Code. Such a tax is in 17,495
addition to any tax imposed under division (C)(3), (4), or (6) of 17,496
this section. 17,497
(D) The levy of this tax on retail sales of recreation and 17,499
sports club service shall not prevent a municipal corporation 17,500
from levying any tax on recreation and sports club dues or on any 17,501
income generated by recreation and sports club dues. 17,502
Sec. 5743.02. To provide revenues for the general revenue 17,511
395
fund and to pay the interest, principal, and charges for the 17,512
issuance and retirement of bonds and other obligations issued 17,513
pursuant to Section 2f of Article VIII, Ohio Constitution, and 17,514
section 129.50 of the Revised Code, an excise tax on sales of 17,515
cigarettes is hereby levied at the rate of eleven and one-half 17,516
mills on each cigarette. 17,517
Only one sale of the same article shall be used in 17,519
computing the amount of tax due. 17,520
The treasurer of state shall place to the credit of the tax 17,522
refund fund created by section 5703.052 of the Revised Code, out 17,523
of receipts from the tax levied by this section, amounts equal to 17,524
the refunds certified by the tax commissioner pursuant to section 17,525
5743.05 of the Revised Code. The balance of taxes collected 17,526
under such section, after the credits to the tax refund fund, and 17,527
after receipt by the treasurer of state of a certification from 17,528
the commissioners of the sinking fund certifying there are 17,529
sufficient moneys to the credit of the improvements bond 17,530
retirement fund created by Section 2f of Article VIII, Ohio 17,531
Constitution, to meet in full all payments of interest, 17,532
principal, and charges which are required to be paid from such 17,533
bond retirement fund for the issuance and retirement of bonds and 17,534
other obligations issued pursuant to Section 2f of Article VIII, 17,535
Ohio Constitution, and section 129.50 of the Revised Code, due 17,536
and payable during the current calendar year shall be paid into 17,537
the general revenue fund. 17,538
Sec. 5743.023. To provide revenue to pay the interest, 17,547
principal, and charges for the retirement of bonds and other 17,548
obligations issued pursuant to Section 2f of Article VIII, Ohio 17,549
Constitution and section 129.50 of the Revised Code and to 17,550
provide revenue to the general revenue fund, an excise tax on 17,551
sales of cigarettes is hereby levied at the rate of one-half mill 17,552
on each cigarette. Such revenue shall be paid solely into the 17,553
improvements bond retirement fund created by Section 2f of 17,554
Article VIII, Ohio Constitution, as long as the moneys in that 17,555
396
fund are insufficient to pay all interest, principal, and charges 17,556
for the retirement of such bonds and other obligations. On 17,557
retirement of such bonds and other obligations, such revenue 17,558
shall be paid into the general revenue fund. 17,559
Only one sale of the same article shall be used in 17,561
computing the amount of tax due. 17,562
All moneys received into the state treasury from the tax 17,564
levied by this section that are paid into the improvements bond 17,565
retirement fund created by Section 2f of Article VIII, Ohio 17,566
Constitution, shall be expended as provided by section 129.52 of 17,567
the Revised Code. 17,568
The discount authorized on the sale of stamps and meter 17,570
impressions by section 5743.05 of the Revised Code, is not 17,571
applicable to the tax imposed by this section for stamps and 17,572
meter impressions purchased or delivered before May 1, 1992, but 17,573
is applicable on and after that date. 17,574
Sec. 5743.32. To provide revenue for the general revenue 17,583
fund of the state and to pay the interest, principal, and charges 17,584
for the issuance and retirement of bonds and other obligations 17,585
issued pursuant to Section 2f of Article VIII, Ohio Constitution, 17,586
and section 129.50 of the Revised Code, an excise tax is hereby 17,587
levied on the use, consumption, or storage for consumption of 17,588
cigarettes by consumers in this state at the rate of eleven and 17,589
one-half mills on each cigarette. The tax shall not apply if the 17,590
tax levied by section 5743.02 of the Revised Code has been paid. 17,591
The money received into the state treasury from the excise 17,593
tax levied by this section, after receipt by the treasurer of 17,594
state of a certification from the commissioners of the sinking 17,595
fund certifying there are sufficient moneys to the credit of the 17,596
improvements bond retirement fund created by Section 2f of 17,597
Article VIII, Ohio Constitution, to meet in full all payments of 17,598
interest, principal, and charges which are required to be paid 17,599
from such bond retirement funds for the issuance and retirement 17,600
of bonds and other obligations issued pursuant to Section 2f of 17,601
397
Article VIII, Ohio Constitution, and section 129.50 of the 17,602
Revised Code, due and payable during the current calendar year 17,603
shall be credited to the general revenue fund. 17,604
Sec. 5743.322. To provide revenue to pay the interest, 17,613
principal, and charges for the issuance and retirement of bonds 17,614
and other obligations issued pursuant to Section 2f of Article 17,615
VIII, Ohio Constitution and section 129.50 of the Revised Code, 17,616
an excise tax is hereby levied on the use, consumption, or 17,617
storage for consumption of cigarettes by consumers in this state 17,618
at the rate of one-half mill on each cigarette; provided that the 17,619
tax shall not apply if the tax levied by section 5743.023 of the 17,620
Revised Code has been paid. Such tax shall be levied as long as 17,621
any of such bonds and other obligations are outstanding and 17,622
moneys in the improvements bond retirement fund created by 17,623
Section 2f of Article VIII, Ohio Constitution, are insufficient 17,624
to pay all interest, principal, and charges for the issuance and 17,625
retirement of such bonds and other obligations. 17,626
All moneys received into the state treasury from the tax 17,628
levied by this section shall be paid into the improvements bond 17,629
retirement fund created by Section 2f of Article VIII, Ohio 17,630
Constitution, and shall be expended as provided by section 129.52 17,631
of the Revised Code IN THAT SECTION. 17,632
Sec. 5747.31. (A) This section applies to an individual 17,641
or estate that is a proprietor or a pass-through entity investor. 17,642
(B)(1) A taxpayer described in division (A) of this 17,644
section is allowed a credit that shall be computed and claimed in 17,646
the same manner as the credit allowed to corporations in section 17,647
5733.33 of the Revised Code, with the following adjustments:. 17,648
THE
(a) The taxpayer shall claim one-seventh of the credit 17,650
amount for the calendar year in which the new manufacturing 17,651
machinery and equipment is purchased for use in the county by the 17,652
taxpayer or partnership. One-seventh of the taxpayer credit 17,653
amount is allowed for each of the six ensuing taxable years. THE 17,654
398
(b) Substitute "taxable year" for the phrase "calendar 17,657
year prior to the first day of a tax year" wherever the phrase 17,658
appears in division (H)(1) of section 5733.33 of the Revised 17,660
Code. 17,661
(2) The taxpayer shall claim the credit in the order 17,663
required under section 5747.98 of the Revised Code. 17,665
(3) The taxpayer shall file with the department of 17,667
development a notice of intent to claim the credit in accordance 17,668
with division (E) of section 5733.33 of the Revised Code. 17,669
(C)(1) A taxpayer described in division (A) of this 17,671
section is allowed a credit that shall be computed in the same 17,672
manner as the credit allowed to a corporation in section 5733.39 17,673
of the Revised Code, with the following adjustments: 17,674
(a) Substitute "taxable year" for "tax year" wherever "tax 17,676
year" appears in section 5733.39 of the Revised Code; 17,677
(b) Substitute "5747.02" for "5733.06" wherever "5733.06" 17,679
appears in section 5733.39 of the Revised Code; 17,680
(c) Substitute "5747.98" for "5733.98" wherever "5733.98" 17,682
appears in section 5733.39 of the Revised Code; 17,683
(d) The credit allowed under division (C) of this section 17,686
shall be subject to the same disallowance for the carryover or 17,687
carryback of any unused credit as provided in division (C) of 17,688
section 5733.39 of the Revised Code. 17,689
(2) Notwithstanding section 5747.131 of the Revised Code 17,691
to the contrary, a taxpayer claiming a credit under this division 17,693
has the burden of establishing by a preponderance of the evidence 17,694
that the doctrines enumerated in section 5747.131 of the Revised 17,695
Code do not apply with respect to the credit provided by this 17,697
division.
(D) Nothing in this section shall be construed to limit or 17,699
disallow pass-through treatment of a pass-through entity's 17,700
income, deductions, credits, or other amounts necessary to 17,701
compute the tax imposed by section 5747.02 of the Revised Code 17,702
and the credits allowed by this chapter.
399
Section 2. That existing sections 101.68, 121.04, 121.08, 17,704
123.15, 123.21, 124.15, 124.152, 124.18, 124.27, 124.34, 124.381, 17,709
124.384, 124.385, 124.386, 126.11, 126.14, 129.72, 129.73,
133.20, 135.14, 145.01, 149.32, 149.43, 153.01, 154.01, 154.02, 17,711
154.05, 154.06, 154.07, 154.08, 154.09, 154.10, 154.11, 154.12, 17,712
154.14, 154.15, 154.16, 154.17, 154.18, 154.19, 154.20, 154.21, 17,713
154.22, 164.01, 164.08, 164.09, 164.10, 169.01, 169.02, 505.261, 17,714
505.264, 1347.08, 1551.12, 1551.30, 1551.31, 1551.33, 1551.34, 17,715
1555.02, 1555.03, 1555.05, 1555.08, 1555.15, 1557.01, 1557.02, 17,717
1557.03, 3313.98, 3313.981, 3317.03, 3318.21, 3318.25, 3318.26, 17,718
3325.07, 3333.13, 3383.01, 3383.03, 3383.07, 3701.024, 3701.132, 17,719
3701.23, 3770.06, 4104.45, 4105.12, 4105.15, 4751.04, 4751.05, 17,720
4751.06, 4905.01, 4906.03, 4928.20, 5528.32, 5528.36, 5528.51, 17,721
5528.53, 5528.54, 5727.01, 5727.03, 5727.111, 5727.15, 5727.24, 17,722
5727.25, 5727.26, 5727.27, 5727.28, 5727.29, 5727.30, 5727.31, 17,723
5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.60, 5733.33, 17,724
5735.05, 5735.23, 5739.02, 5743.02, 5743.023, 5743.32, 5743.322, 17,725
and 5747.31 and sections 123.20, 129.41, 129.42, 129.45, 129.46, 17,727
129.50, 129.52, 129.53, 129.54, 129.55, 129.56, 129.57, 129.60, 17,728
129.62, 129.63, 129.64, 129.65, 154.03, 154.04, 154.23, 164.11, 17,729
1551.36, 1555.09, 1555.10, 1555.11, 1555.12, 1555.13, 1555.14, 17,732
1557.04, 1557.05, 3318.41, 5528.55, 5528.56, and 5528.57 of the 17,733
Revised Code are hereby repealed.
Section 3. That the versions of sections 1551.33 and 17,735
4905.01 of the Revised Code that are scheduled to take effect on 17,736
January 1, 2001, be amended to read as follows: 17,737
Sec. 1551.33. (A) The director of development shall 17,746
appoint and fix the compensation of the director of the Ohio coal 17,747
development office established under section 1551.32 of the 17,748
Revised Code. The director of the office shall serve at the 17,749
pleasure of the director of development. 17,750
(B) The director of the office shall do all of the 17,752
following:
(1) Biennially prepare and maintain the Ohio coal 17,754
400
development agenda required under section 1551.34 of the Revised 17,755
Code; 17,756
(2) Propose and support policies for the office consistent 17,758
with the Ohio coal development agenda and develop means to 17,759
implement the agenda; 17,760
(3) Apportion for the office's administrative costs no 17,762
more than ten per cent of the moneys credited to the Ohio coal 17,763
development fund created under section 1551.36 of the Revised 17,764
Code; 17,765
(4) Initiate, undertake, and support projects to carry out 17,767
the office's purposes and ensure that the projects are consistent 17,768
with and meet the selection criteria established by the Ohio coal 17,769
development agenda; 17,770
(5)(4) Actively encourage joint participation in and, when 17,772
feasible, joint funding of the office's projects with 17,773
governmental agencies, electric utilities, universities and 17,774
colleges, other public or private interests, or any other person; 17,775
(6)(5) Establish a table of organization for and employ 17,777
such employees and agents as are necessary for the administration 17,778
and operation of the office; 17,779
(7)(6) Appoint specified members of and convene the 17,781
technical advisory committee established under section 1551.35 of 17,782
the Revised Code; 17,783
(8)(7) Review, with the assistance of the technical 17,785
advisory committee, proposed coal research and development 17,786
projects as defined in section 1555.01 of the Revised Code, and 17,787
coal development projects, submitted to the office by public 17,788
utilities for the purpose of section 4905.304 of the Revised 17,791
Code. If the director and the advisory committee determine that 17,792
any such facility or project has as its purpose the enhanced use 17,793
of Ohio coal in an environmentally acceptable, cost effective 17,794
manner, promotes energy conservation, is cost effective, and is 17,795
environmentally sound, the director shall submit to the public 17,796
utilities commission a report recommending that the commission 17,797
401
allow the recovery of costs associated with the facility or 17,798
project under section 4905.304 of the Revised Code and including 17,799
the reasons for the recommendation;. 17,801
(9)(8) Establish such policies, procedures, and guidelines 17,803
as are necessary to achieve the office's purposes. 17,804
(C) With the approval of the director of development, the 17,806
director of the office may exercise any of the powers and duties 17,807
of the director of development as the directors consider 17,808
appropriate or desirable to achieve the office's purposes, 17,809
including, but not limited to, the powers and duties enumerated 17,810
in sections 1551.11, 1551.12, 1551.13, and 1551.15 of the Revised 17,811
Code. 17,812
Additionally, the director of the office may make loans to 17,814
governmental agencies or persons for projects to carry out the 17,815
office's purposes. Fees, charges, rates of interest, times of 17,816
payment of interest and principal, and other terms, conditions, 17,817
and provisions of the loans shall be such as the director of the 17,818
office determines to be appropriate and in furtherance of the 17,819
purposes for which the loans are made. The mortgage lien 17,820
securing any moneys lent by the director of the office may be 17,821
subordinate to the mortgage lien securing any moneys lent or 17,822
invested by a financial institution, but shall be superior to 17,823
that securing any moneys lent or expended by any other person. 17,824
The moneys used in making the loans shall be disbursed upon order 17,825
of the director of the office. 17,826
Sec. 4905.01. As used in this chapter: 17,835
(A) "Railroad" has the meaning set forth in section 17,837
4907.02 of the Revised Code. 17,838
(B) "Motor transportation company" has the meaning set 17,840
forth in sections 4905.03 and 4921.02 of the Revised Code. 17,841
(C) "Trailer," "public highway," "fixed termini," "regular 17,843
route," and "irregular route" have the meanings set forth in 17,844
section 4921.02 of the Revised Code. 17,845
(D) "Private motor carrier," "contract carrier by motor 17,847
402
vehicle," "motor vehicle," and "charter party trip" have the 17,848
meanings set forth in section 4923.02 of the Revised Code. 17,849
(E) "Ohio coal research and development costs" means all 17,851
reasonable costs associated with a facility or project undertaken 17,852
by a public utility for which a recommendation to allow the 17,853
recovery of costs associated therewith has been made under 17,854
division (B)(8)(7) of section 1551.33 of the Revised Code, 17,855
including, but not limited to, capital costs, such as costs of 17,856
debt and equity; construction and operation costs; termination 17,857
and retirement costs; costs of feasibility and marketing studies 17,858
associated with the project; and the acquisition and delivery 17,859
costs of Ohio coal used in the project, less any expenditures of 17,860
grant moneys. 17,861
Section 4. That the existing versions of sections 1551.33 17,863
and 4905.01 of the Revised Code that are scheduled to take effect 17,864
on January 1, 2001, are hereby repealed. 17,865
Section 5. Sections 3 and 4 of this act shall take effect 17,867
on January 1, 2001. 17,868
Section 6. All items set forth in Sections 6.01 to 6.03 of 17,870
this act are hereby appropriated out of any moneys in the General 17,871
Revenue Fund (GRF) that are not otherwise appropriated. 17,872
Appropriations 17,874
Section 6.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 17,876
CAP-785 Rural Areas Historical Projects $ 4,838,500 17,879
CAP-786 Rural Areas Community Improvements $ 13,537,300 17,881
CAP-817 Urban Areas Community Improvements $ 27,066,000 17,883
CAP-818 Community Theatre Renovations $ 1,210,000 17,885
Total Department of Administrative Services $ 46,651,800 17,887
Rural Areas Historical Projects 17,890
From the foregoing appropriation item CAP-785, Rural Areas 17,892
Historical Projects, grants shall be made for the following 17,893
projects:
Camden Town Hall and Opera House $ 75,000 17,896
Historic Hopewell Church $ 10,000 17,898
403
Preble County Historical Society $ 150,000 17,900
Allen County Museum Building Expansion $ 600,000 17,902
Allen County Railroad Museum $ 50,000 17,904
John P. Parker Historic Site Restoration $ 200,000 17,906
Grant Memorial Building $ 185,000 17,908
Steamship William G. Mather Maritime Museum $ 25,000 17,910
Bedford Historical Society $ 250,000 17,912
Fulton County Historical Society Museum 17,913
Rehabilitation $ 50,000 17,915
Lyons and Area Historical Society Train Depot 17,916
Restoration $ 40,000 17,918
Middlefield Historical Society $ 45,000 17,920
Hancock Historical Society-New 17,921
Agriculture/Transportation Building $ 150,000 17,923
Henry County Historical Society Building 17,924
Improvements $ 50,000 17,926
Holmes County Historic Building Improvements $ 25,000 17,928
Holmes County Historical Society Victorian 17,929
House $ 30,000 17,931
Harvey Wells House Restoration $ 100,000 17,933
Western Reserve Railroad Association Train 17,934
Station Improvements $ 10,000 17,936
Great Lakes Historical Society Renovations $ 200,000 17,938
Monroe County Park District Parry Museum $ 20,000 17,940
Morgan County Historical Society Building 17,941
Renovations $ 25,000 17,943
General Sheridan Monument Restoration $ 6,000 17,945
Haydenville Museum $ 7,500 17,947
Overland Inn Historical Site $ 50,000 17,949
Spring Hill Historic Home $ 100,000 17,951
Stan Hywet Hall and Gardens $ 1,000,000 17,953
Gnadenhutten Historical Society $ 15,000 17,955
Van Wert Historical Society Red Barn Project $ 40,000 17,957
Marietta Lockmaster's House Renovation $ 50,000 17,959
404
New Matamorus Historical Society Renovations $ 25,000 17,961
Wayne County Old School House Renovations $ 150,000 17,963
Wood County Historic Courthouse $ 1,000,000 17,965
Mt. Pleasant Historical Society $ 10,000 17,967
Dennison Railroad Depot Museum $ 95,000 17,969
Rural Areas Community Improvements 17,972
From the foregoing appropriation item CAP-786, Rural Areas 17,974
Community Improvements, grants shall be made for the following 17,975
projects:
Southern Ohio Health Network Facility $ 100,000 17,978
Allen County Reservoir Feasibility Study $ 250,000 17,980
Belmont County Office Space $ 30,000 17,982
Meigs County Industrial Park $ 100,000 17,984
Lawrence County Industrial Park $ 100,000 17,986
Gallia County Industrial Park $ 100,000 17,988
Community Building - Belmont County $ 2,000,000 17,990
Watt Center - Belmont County $ 15,000 17,992
4-H Barn - Brown County $ 50,000 17,994
People Working Cooperatively Facility 17,995
Improvements $ 75,000 17,997
Champaign YMCA $ 200,000 17,999
Clermont County Courthouse $ 50,000 18,001
Clermont County Visitor Information Center $ 50,000 18,003
Clinton County Firing Range $ 50,000 18,005
Coshocton Infrastructure Improvements $ 150,000 18,007
Bethlehem Water Well $ 2,700 18,009
West Lafayette Municipal Building Roof $ 7,200 18,011
Tuscarawas Township Safety Improvements $ 10,000 18,013
Village of Warsaw Improvements $ 39,100 18,015
Coshocton Softball Field Lighting Improvements $ 20,000 18,017
Defiance/Williams Flood Mitigation Project $ 1,350,000 18,019
Bellepoint Bridge Reconstruction $ 75,000 18,021
West After-School Center $ 50,000 18,023
Gallia County Water Projects $ 25,000 18,025
405
Fairmount Fine Arts Center $ 40,000 18,027
Guernsey Infrastructure Improvements $ 100,000 18,029
Tornado Warning Sirens - Guernsey County $ 60,000 18,031
Old Kenton Armory Improvements $ 100,000 18,033
Court House/City Hall Improvements - Highland 18,034
County $ 400,000 18,036
Holmes County Home Renovations $ 25,000 18,038
Old Children's Home Renovations - Holmes County $ 25,000 18,040
Fairport Community Center $ 150,000 18,042
Mentor Fire and Police Headquarters Relocation $ 100,000 18,044
Hanna House - Lake County $ 25,000 18,046
Perry Township Industrial Park Land Acquisition $ 65,000 18,048
Red Mill Creek Water Retention Basin $ 20,000 18,050
Madison Village Community Building ADA Upgrades $ 12,500 18,052
Mentor-on-the-Lake Erosion Control Project $ 135,000 18,054
Athalia Community Facility $ 20,000 18,056
Chesapeake Community Facility $ 20,000 18,058
Proctorville Community Facility $ 20,000 18,060
Lawrence County Water Projects $ 25,000 18,062
Downtown Parking Garage and Walkway - Licking 18,063
County $ 500,000 18,065
Institute of Industrial Technology $ 500,000 18,067
Outdoor Education Laboratory Construction - $ 60,000 18,069
Marion County
Medina County Engineered Fuel Project $ 575,000 18,071
Chester Court House $ 15,000 18,073
Meigs County Water Projects $ 25,000 18,075
Fort Piqua Hotel $ 400,000 18,077
Graysville Community Center $ 50,000 18,079
Midway Community Center $ 10,000 18,081
Chesterhill Water Tower Improvements $ 50,000 18,083
Morgan Infrastructure Improvements $ 100,000 18,085
Morgan County Economic Development $ 125,000 18,087
Secrest Auditorium Improvements $ 50,000 18,089
406
Diesel Powered Generators - Muskingum County $ 6,000 18,091
Muskingum County Center for Seniors $ 8,000 18,093
Maysville Community Improvements $ 10,000 18,095
Muskingum County Court House Improvements $ 65,000 18,097
Litter Prevention Complex - Muskingum County $ 17,300 18,099
Noble County Infrastructure Improvements $ 185,000 18,101
Lake Erie Islands Regional Welcome Center $ 500,000 18,103
Corning Community Center $ 10,000 18,105
Somerset Court House $ 100,000 18,107
New Lexington Community Center $ 125,000 18,109
Crooksville Family Recreation Center $ 70,000 18,111
Perry County Agricultural Society $ 75,000 18,113
Nelsonville Pool $ 100,000 18,115
Cave Lake Center for Community Leadership $ 350,000 18,117
Atwater Township Town Hall Improvements $ 100,000 18,119
Brimfield Township Community Center $ 75,000 18,121
Portage County Sheriff's Department Shooting $ 200,000 18,123
Range
WSTB Equipment Upgrade $ 50,000 18,125
Richland Academy of Arts and Sciences Discovery 18,126
Center $ 100,000 18,128
Mansfield Area YMCA $ 200,000 18,130
Mohican School in the Out-of-Doors Expansion $ 325,000 18,132
Mansfield Reformatory Preservation Project $ 100,000 18,134
Ross County Multi-Purpose Facility $ 50,000 18,136
Bellevue Society for the Arts $ 10,000 18,138
County Jail Improvements - Sandusky County $ 300,000 18,140
Southern Ohio Port Authority $ 50,000 18,142
Meadowbrook Park Ballroom Restoration $ 100,000 18,144
Eastern Ohio Developmental Alliance Equipment $ 10,000 18,146
Purchase
Uhrichsville Municipal Building Improvements $ 80,000 18,148
Project Pride Town Hall $ 20,000 18,150
Marietta Nutrition Facility $ 100,000 18,152
407
Liberty Township Community Center $ 20,000 18,154
West Salem Town Hall $ 150,000 18,156
City of Rittman Recreation Center $ 125,000 18,158
Bryan Senior Center $ 450,000 18,160
Jerry City Town Hall Improvements $ 7,000 18,162
Bradner Historic Building $ 45,000 18,164
Fairfield Township Property Acquisition $ 150,000 18,166
Lighthouse Youth Center Improvements $ 250,000 18,168
Chagrin Falls Park Community Center - Seniors' $ 10,000 18,170
Room Construction
City of Willowick - Senior Center Remodeling, $ 100,000 18,172
Addition, and Completion
Painesville Township Greenspace $ 15,000 18,174
Clermont County Animal Shelter $ 22,500 18,176
Ross County Multi-Purpose Facility 18,179
Of the foregoing appropriation item CAP-786, Rural Areas 18,181
Community Improvements, the $50,000 earmarked for the Ross County 18,182
Multi-Purpose Facility is for a feasibility study for the 18,183
facility. Yoctangee Park in Chillicothe, Ohio, is specifically 18,184
excluded as a site from any feasibility study for a multi-purpose 18,185
facility.
Portage County Sheriff's Department Shooting Range 18,187
Of the foregoing appropriation item CAP-786, Rural Areas 18,189
Community Improvements, the $200,000 earmarked for the Portage 18,190
County Sheriff's Department Shooting Range shall be distributed 18,192
to the Portage County Sheriff's Department for utilization by 18,193
that department for a training facility. Any structure so
constructed with these funds shall be used by the Portage County 18,194
Sheriff's Department as a training facility for ten years or 18,195
moneys must be repaid to the state by Portage County. The 18,196
Portage County Sheriff's Department may contract with other law 18,197
enforcement agencies to use the training facility.
Urban Areas Community Improvements 18,199
From the foregoing appropriation item CAP-817, Urban Areas 18,201
408
Community Improvements, grants shall be made for the following 18,202
projects:
Cross Links 2000 - Middletown Downtown 18,204
Revitalization $ 2,000,000 18,206
Solon Community Arts Center $ 275,000 18,208
Cleveland Health Museum $ 1,000,000 18,210
Cleveland Jewish Community Center $ 350,000 18,212
Beck Center for the Arts $ 500,000 18,214
Cleveland School for the Arts $ 100,000 18,216
Hill House $ 325,000 18,218
Bellfaire/Jewish Children's Bureau $ 1,020,000 18,220
Karamu House Improvements $ 600,000 18,222
Halloran Ice Skating Rink $ 300,000 18,224
Cleveland Greenhouse Improvements $ 255,000 18,226
Alliance for Poles of America Facility 18,227
Improvements $ 260,000 18,229
West Side Ecumenical Ministry $ 375,000 18,231
Solon VFW Memorial $ 7,000 18,233
Solon Senior Center $ 300,000 18,235
Brecksville Senior Development Project $ 10,000 18,237
Bentlyville Village Hall $ 30,000 18,239
Sterns Farm $ 70,000 18,241
Schaaf Community Center $ 100,000 18,243
Olmstead Community Center $ 100,000 18,245
Horizon Center $ 200,000 18,247
North Royalton Recreation Center $ 200,000 18,249
St. Vincent de Paul Recycle Project $ 250,000 18,251
Cleveland Free Clinic $ 370,000 18,253
Alta House $ 35,000 18,255
Rickenbacker House Restoration and Park $ 475,000 18,257
King Lincoln District Revitalization $ 1,425,000 18,259
J. Ashburn Youth Center $ 500,000 18,261
Columbus Downtown Initiatives Planning $ 1,900,000 18,263
Leo Yassenoff Columbus Community Center $ 400,000 18,265
409
Rickenbacker Air and Industrial Park $ 6,000,000 18,267
Clintonville Improvements $ 150,000 18,269
Grove City YMCA $ 35,000 18,271
Victorian Village Society $ 15,000 18,273
Beech Acres Family Center $ 50,000 18,275
Health Education Center $ 25,000 18,277
Convention Center Expansion Planning $ 500,000 18,279
German Heritage Museum $ 12,000 18,281
Lincoln Heights Health Center Improvements $ 1,000,000 18,283
South End Revitalization Project $ 100,000 18,285
Toledo International Youth Hostel Renovations $ 50,000 18,287
Sylvania Recreation Center $ 450,000 18,289
Sylvania Senior Center $ 300,000 18,291
Canton Civic Center $ 1,000,000 18,293
Canton Jewish Community Center Renovations $ 20,000 18,295
Canton Jewish Women's Center $ 100,000 18,297
J.R. Coleman Center $ 250,000 18,299
Gateway Social Services Building $ 450,000 18,301
Massillon Domestic Violence Shelter for 18,302
Battered Women $ 100,000 18,304
Massillon Civic Center $ 1,000,000 18,306
Football Hall of Fame $ 150,000 18,308
Stark Central YMCA $ 25,000 18,310
Stark County Convention and Visitors Bureau 18,311
Tourist Center $ 25,000 18,313
Akron Jewish Community Center Renovations $ 85,000 18,315
Oriana House $ 450,000 18,317
Cedar Grove Mausoleum Improvements $ 30,000 18,319
Amphitheater, Riverwalk, and Kinsman House 18,320
Improvements $ 1,000,000 18,322
Fairlawn, Bath, Copley Community Center $ 65,000 18,324
Loew Field Improvements $ 50,000 18,326
Harvard Community Services Center Renovation 18,327
and Expansion $ 20,000 18,328
410
City of South Euclid-Construction of Complying 18,329
Community Ground Sign $ 5,000 18,330
Henn Mansion Renovation $ 25,000 18,332
Collinwood Community Service Center Repair 18,333
and Renovation $ 20,000 18,335
Bowman Park - City of Toledo $ 80,000 18,337
Godman Guild $ 65,000 18,339
Community Theatre Renovations 18,341
From the foregoing appropriation item CAP-818, Community 18,343
Theatre Renovations, grants shall be made for the following 18,344
projects:
Hayesville Opera House $ 50,000 18,347
Cleveland Public Theatre Improvements - Gordon 18,348
Square $ 160,000 18,350
Markay Theatre Renovations $ 100,000 18,352
Stranahan Theatre $ 100,000 18,354
Holland Theatre $ 250,000 18,356
Lorain Palace Theatre Improvements $ 200,000 18,358
Ohio Ballet $ 250,000 18,360
Ritz Theatre Renovations $ 100,000 18,362
Appropriations 18,365
Section 6.02. AFC ARTS AND SPORTS FACILITIES COMMISSION 18,367
CAP-047 Cincinnati Classical Music Hall of 18,370
Fame $ 300,000 18,371
CAP-053 Powers Auditorium Improvements $ 500,000 18,373
CAP-059 Johnny Appleseed Museum Theatre $ 200,000 18,375
CAP-818 Great Lakes League Baseball Stadium in 18,376
Lake County $ 350,000 18,377
CAP-819 Cooper Stadium Relocation Feasibility 18,378
Study $ 350,000 18,379
Total Arts And Sports Facilities Commission $ 1,700,000 18,382
Appropriations 18,385
Section 6.03. OHS OHIO HISTORICAL SOCIETY 18,387
411
CAP-745 Emergency Renovations of Historic 18,389
Sites and Museums $ 750,000 18,390
Total Ohio Historical Society $ 750,000 18,392
Total General Revenue Fund $ 49,469,800 18,394
Section 6.04. No expenditures shall be made from any of 18,397
the items appropriated from the General Revenue Fund in Sections 18,398
6.01 to 6.03 of this act until the appropriations are released by 18,399
the Controlling Board. Each request for release of 18,400
appropriations by the Controlling Board shall have attached the 18,401
certification of the Director of Budget and Management that 18,402
sufficient General Revenue Fund moneys will be available to fund 18,403
the anticipated expenditures associated with the request.
Section 7. The items set forth in this section are hereby 18,405
appropriated out of any moneys in the state treasury to the 18,407
credit of the Public School Building Fund (Fund 021), which are 18,408
not otherwise appropriated.
Appropriations 18,410
SFC SCHOOL FACILITIES COMMISSION 18,411
CAP-622 Public School Buildings $ 171,000,000 18,414
CAP-783 Emergency School Building Assistance 18,415
Program $ 15,000,000 18,416
Total School Facilities Commission $ 186,000,000 18,418
Total Public School Building Fund $ 186,000,000 18,420
Commitments by the School Facilities Commission 18,423
The Ohio School Facilities Commission shall not commit at 18,425
least $93,000,000 of the appropriations made in this section 18,426
until after June 30, 2001.
Section 8. The items set forth in this section are hereby 18,428
appropriated out of any moneys in the state treasury to the 18,429
credit of the Highway Safety Fund (Fund 036), which are not 18,430
otherwise appropriated.
Appropriations 18,432
DHS DEPARTMENT OF PUBLIC SAFETY 18,433
CAP-045 Platform Scales Improvements $ 200,000 18,436
412
CAP-059 Patrol Post ADA Compliance $ 250,000 18,438
CAP-071 Construct Georgetown Patrol Post $ 1,900,000 18,440
CAP-072 Patrol Academy Infrastructure 18,441
Improvements $ 800,000
CAP-073 Massillon District HQ Renovations $ 600,000 18,443
CAP-074 Construct Warren District Blue Title 18,444
Facility $ 500,000 18,445
CAP-075 Cambridge District HQ Post Renovations $ 500,000 18,447
Total Department of Public Safety $ 4,750,000 18,449
Total Highway Safety Fund $ 4,750,000 18,451
Section 9. All items set forth in this section are hereby 18,454
appropriated out of any moneys in the state treasury to the 18,455
credit of the Waterways Safety Fund (Fund 086), which are not 18,456
otherwise appropriated. 18,457
Appropriations 18,459
DNR DEPARTMENT OF NATURAL RESOURCES 18,460
CAP-324 Cooperative Funding for Boating 18,462
Facilities $ 5,600,000 18,463
CAP-874 Recreational Harbor Evaluation Project $ 1,000,000 18,465
CAP-934 Operations Facilities Development $ 800,000 18,466
Total Department of Natural Resources $ 7,400,000 18,468
Total Waterways Safety Fund $ 7,400,000 18,470
Section 10. All items set forth in this section are hereby 18,473
appropriated out of any moneys in the state treasury to the 18,474
credit of the Underground Parking Garage Operating Fund (Fund 18,475
208), which are not otherwise appropriated.
Appropriations 18,476
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 18,477
CAP-007 Garage Elevator Upgrades $ 215,000 18,480
CAP-009 Garage Fire Suppression System $ 1,050,000 18,482
Total Capitol Square Review and Advisory Board $ 1,265,000 18,484
Total Underground Parking Garage Operating Fund $ 1,265,000 18,486
Section 11. All items set forth in this section are hereby 18,489
appropriated out of any moneys in the state treasury to the 18,490
413
credit of the Special Administrative Fund (Fund 4A9), which are 18,491
not otherwise appropriated. 18,492
Appropriations 18,494
JFS DEPARTMENT OF JOB AND FAMILY SERVICES 18,495
CAP-701 Central Office Structural Renovations $ 1,342,000 18,498
CAP-702 Central Office Internal Renovations $ 1,945,850 18,500
Total Bureau of Employment Services $ 3,287,850 18,502
Total Special Administrative Fund $ 3,287,850 18,504
Section 12. The items set forth in this section are hereby 18,507
appropriated out of any moneys in the state treasury to the 18,508
credit of the Veterans' Home Improvement Fund (Fund 604), which 18,509
are not otherwise appropriated. 18,510
Appropriations 18,512
OVH OHIO VETERANS' HOME 18,513
CAP-760 Security System Improvements $ 110,000 18,516
CAP-761 Griffin Nursing Home Improvements $ 710,000 18,518
CAP-762 Renovate Secrest Floors and Walls in 18,519
Bathroom and 1N $ 492,000 18,520
CAP-763 Secrest Case Goods Second Floor $ 235,000 18,522
CAP-764 O Cottage Roof and HVAC Improvements $ 84,000 18,524
CAP-765 Install Warehouse Freezer $ 80,000 18,526
Total Ohio Veterans' Home $ 1,711,000 18,528
Total Veterans' Home Improvement Fund $ 1,711,000 18,530
Section 13. All items set forth in this section are hereby 18,533
appropriated out of any money in the state treasury to the credit 18,534
of the Sports Facilities Building Fund (Fund 024), which is 18,535
hereby created. Revenues to the Sports Facilities Building Fund 18,536
shall consist of proceeds of obligations authorized to pay costs 18,537
of the following capital improvements:
Appropriations 18,539
AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION 18,541
CAP-025 Sports Facilities Improvements - 18,543
Cincinnati $ 20,000,000 18,544
414
CAP-804 Sports Facilities Improvements - 18,545
Toledo $ 5,400,000 18,546
CAP-805 Sports Facilities Improvements - 18,547
Youngstown $ 1,500,000 18,548
Total Ohio Arts and Sports Facilities 18,549
Commission $ 26,900,000 18,551
Total Sports Facilities Building Fund $ 26,900,000 18,553
Section 13.01. The Ohio Building Authority is hereby 18,556
authorized to issue and sell, in accordance with the provisions 18,557
of Section 2i of Article VIII, Ohio Constitution, and Chapter 18,558
152. and other applicable sections of the Revised Code, original 18,559
obligations in an aggregate principal amount not to exceed
$26,200,000, in addition to the original issuance of obligations 18,561
heretofore authorized by prior acts of the General Assembly, to 18,562
pay the costs of capital facilities, as defined in division (J) 18,564
of section 3383.01 of the Revised Code as Ohio sports facilities,
and designated in Section 13 of this act, the owners or holders 18,565
of which shall have no right to have excises or taxes levied by 18,566
the General Assembly for the payment of principal or interest 18,567
thereon.
Section 13.02. The foregoing capital improvements for 18,569
which appropriations are made in Section 13 of this act are 18,570
determined to be capital improvements for the housing of branches 18,571
and agencies of state government and their functions, including, 18,572
without limitation, serving purposes of public recreation and of
economic development, including creating or preserving jobs and 18,573
employment opportunities and improving the economic welfare of 18,574
the people of the state, and shall be designated as the capital 18,575
facilities to which proceeds of obligations in the Sports 18,576
Facilities Building Fund are to be applied.
Section 14. All items set forth in this section are hereby 18,578
appropriated out of any moneys in the state treasury to the 18,579
credit of the Highway Safety Building Fund (Fund 025). Revenues 18,580
to the Highway Safety Building Fund shall consist of proceeds of 18,581
415
obligations authorized to pay the costs of the following capital 18,582
improvements. Appropriations 18,583
DHS DEPARTMENT OF PUBLIC SAFETY 18,585
CAP-048 Statewide Communications System $ 13,322,981 18,589
Total Department of Public Safety $ 13,322,981 18,591
Total Highway Safety Building Fund $ 13,322,981 18,593
Section 14.01. The Ohio Building Authority is hereby 18,596
authorized to issue and sell, in accordance with the provisions 18,597
of Section 2i of Article VIII, Ohio Constitution, and Chapter 18,598
152. and other applicable sections of the Revised Code, original 18,599
obligations in an aggregate principal amount not to exceed
$13,000,000, in addition to the original issuance of obligations 18,600
heretofore authorized by prior acts of the General Assembly, to 18,601
pay the costs associated with the previously authorized capital 18,602
facilities and the capital facilities in Section 14 of this act, 18,604
the owners or holders of which shall have no right to have 18,605
excises or taxes levied by the General Assembly for the payment
of principal or interest thereon. 18,606
Notwithstanding any provision of law to the contrary, at 18,608
any time prior to the sale of obligations authorized in this 18,609
section, the Director of Budget and Management, with the written 18,610
concurrence of the Director of Public Safety may transfer cash 18,611
temporarily from the Highway Safety Fund (Fund 036) to the
Highway Safety Building Fund (Fund 025), where such cash ay be 18,612
used to fund the projects appropriated in Section 14 of this act. 18,614
At such time as the obligations authorized in this section are 18,615
sold, the Director of Budget and Management shall transfer from 18,616
the Highway Safety Building Fund to the Highway Safety Fund any 18,617
amounts originally transferred to the Highway Safety Building
Fund under this section. 18,618
Section 15. All items set forth in Sections 15.01 to 15.13 18,620
of this act are hereby appropriated out of any moneys in the 18,622
state treasury to the credit of the Administrative Building Fund 18,623
(Fund 026). Revenues to the Administrative Building Fund shall
416
consist of proceeds of obligations authorized to pay the costs of 18,624
capital facilities, as defined in section 152.09 of the Revised 18,625
Code, for the following capital improvements: 18,626
Appropriations 18,628
Section 15.01. ADJ ADJUTANT GENERAL 18,630
CAP-036 Roof Replacement - Various Facilities $ 718,013 18,633
CAP-038 Electrical Improvements/Renovations - 18,634
Various Armories $ 821,855 18,635
CAP-044 Replace Windows/Doors - Various 18,636
Armories $ 689,653 18,637
CAP-045 Plumbing Renovations - Various 18,638
Armories $ 576,270 18,639
CAP-046 Paving Renovations - Various Armories $ 2,044,592 18,641
CAP-050 HVAC Systems - Various Armories $ 835,640 18,643
CAP-056 Masonry Renovations - Various Armories $ 381,634 18,645
CAP-057 Sewer Improvements - Rickenbacker $ 180,000 18,647
CAP-058 Construct Cincinnati Armory $ 1,701,295 18,649
CAP-059 Construct Bowling Green Armory $ 825,528 18,651
Total Adjutant General $ 8,774,480 18,653
New Armory Construction 18,656
The foregoing appropriation items CAP-058, Construct 18,658
Cincinnati Armory, and CAP-059, Construct Bowling Green Armory, 18,659
shall be used to fund the state's share of the cost of building a 18,660
basic armory in the Cincinnati and Bowling Green areas, including 18,661
the cost of site acquisition, site preparation, and planning and 18,662
design. Appropriations shall not be released for these items
without a certification by the Adjutant General to the Director 18,663
of Budget and Management that sufficient moneys exist for the 18,664
federal share of the cost of construction. 18,665
Appropriations 18,667
Section 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 18,669
CAP-773 Governor's Residence Renovations $ 81,963 18,672
CAP-824 State Real Estate Inventory Program $ 400,000 18,674
CAP-826 Surface Road Building Renovations $ 557,500 18,676
417
CAP-827 Statewide Communications System $ 130,614,500 18,678
CAP-835 Energy Conservation Projects $ 2,750,000 18,680
CAP-850 Renovation of Old ODOT Building $ 590,580 18,682
CAP-852 North High Building Complex 18,683
Renovations $ 7,000,000 18,684
CAP-855 Office Space Planning $ 150,000 18,686
CAP-856 Governor's Residence Security Upgrade $ 206,700 18,688
CAP-858 Lausche Building Improvements Planning $ 50,000 18,690
CAP-861 Facilities Master Plan State Schools 18,691
for the Blind and Deaf $ 250,000 18,692
Total Department of Administrative Services $ 142,651,243 18,694
MARCS Steering Committee and Statewide Communications 18,697
System
There is hereby continued a Multi-Agency Radio 18,699
Communications System (MARCS) Steering Committee consisting of 18,700
the designees of the Directors of Administrative Services, Public 18,701
Safety, Natural Resources, Transportation, Rehabilitation and 18,702
Correction, and Budget and Management. The Director of 18,703
Administrative Services or the director's designee shall chair 18,704
the committee. The committee shall provide assistance to the 18,705
Director of Administrative Services for effective and efficient 18,706
implementation of the MARCS system as well as develop policies 18,707
for the ongoing management of the system. Upon dates prescribed 18,708
by the Directors of Administrative Services and Budget and 18,709
Management, the MARCS Steering Committee shall report to the 18,710
directors as to the progress of MARCS implementation and the 18,711
development of policies related to the system. 18,712
The foregoing appropriation item CAP-827, Statewide 18,714
Communications System, shall be used to purchase or construct the 18,715
components of the Multi-Agency Radio Communications System 18,716
(MARCS) that are not specific to any one agency. The equipment 18,717
may include, but is not limited to, multi-agency equipment at the 18,718
Emergency Operations Center/Joint Dispatch Facility, computer and 18,719
telecommunication equipment used for the functioning and 18,720
418
integration of the system, communications towers, tower sites, 18,721
and tower equipment, and linkages among towers and between towers 18,722
and the State of Ohio Network for Integrated Communication 18,723
(SONIC) system. The Director of Administrative Services shall, 18,724
with the concurrence of the MARCS Steering Committee, determine 18,725
the specific use of funds.
Spending from this appropriation item shall not be subject 18,727
to the requirements of Chapters 123. and 153. of the Revised 18,728
Code.
Energy Conservation Projects 18,730
The foregoing appropriation item CAP-835, Energy 18,732
Conservation Projects, shall be used to perform energy 18,733
conservation renovations, including the United States 18,734
Environmental Protection Agency's Greenlights Program, in 18,735
state-owned facilities. Prior to the release of funds for 18,736
renovation, state agencies shall have performed a comprehensive 18,737
energy audit for each project. The Department of Administrative 18,738
Services shall review and approve proposals from state agencies 18,739
to use these funds for energy conservation. 18,740
Public school districts and state-supported and 18,742
state-assisted institutions of higher education are not eligible 18,743
for funding from this item. 18,744
Facilities Master Plan for the State Schools for the Blind 18,746
and Deaf 18,747
The foregoing appropriation item CAP-861, Facilities Master 18,749
Plan for the State Schools for the Blind and Deaf, shall be used 18,750
by the Department of Administrative Services to prepare a 18,751
facilities master plan for the Ohio State School for the Deaf and 18,752
the Ohio State School for the Blind. The master plan shall be 18,753
completed before June 30, 2001, and shall be submitted to the 18,754
Governor and the General Assembly. 18,755
Appropriations 18,757
Section 15.03. AGR DEPARTMENT OF AGRICULTURE 18,759
419
CAP-042 Reynoldsburg Complex Security 18,761
Improvements $ 200,000 18,762
CAP-043 Building and Grounds Renovation $ 500,000 18,764
CAP-044 Renovate Building 4 $ 3,000,000 18,766
CAP-045 Renovate Plant Pest Building $ 200,000 18,768
Total Department of Agriculture $ 3,900,000 18,770
Appropriations 18,773
Section 15.04. AGO ATTORNEY GENERAL 18,775
CAP-715 Construct/Renovate Richfield Lab $ 10,944,375 18,778
CAP-717 HVAC Improvements/Renovations - OPOTA $ 2,003,625 18,780
CAP-718 Situation Training Facility $ 240,000 18,782
Total Attorney General $ 13,188,000 18,784
Richfield Lab Project 18,787
Notwithstanding anything to the contrary in sections 9.33 18,789
to 9.332 and Chapters 123. and 153. of the Revised Code for the 18,790
Richfield Bureau of Criminal Identification and Investigation 18,791
Laboratory project, which is funded with the foregoing 18,792
appropriation item, CAP-715, Construct/Renovate Richfield Lab, 18,793
the Office of the Attorney General may negotiate, enter into, and
administer a contract that combines the design and construction 18,794
elements of the project into a single contract. 18,795
Appropriations 18,797
Section 15.05. CSR CAPITOL SQUARE REVIEW AND 18,799
ADVISORY BOARD 18,800
CAP-010 Capitol Rotunda Renovations $ 500,000 18,804
CAP-011 Statehouse Security Improvements $ 2,050,000 18,806
Total Capitol Square Review and Advisory Board $ 2,550,000 18,808
Statehouse Security Improvements 18,811
Of the foregoing appropriation item CAP-011, Statehouse 18,813
Security Improvements, $1,050,000 shall be used in conjunction 18,814
with funds from CAP-009, Garage Fire Suppression System, in the 18,815
Underground Parking Garage Operating Fund, for the installation 18,816
of a new fire suppression system in the Statehouse Garage.
Appropriations 18,817
420
Section 15.06. COM DEPARTMENT OF COMMERCE 18,819
CAP-008 Fire Academy Building Renovations $ 750,000 18,822
CAP-012 Fire Academy Architectural Plan $ 75,000 18,824
Total Department of Commerce $ 825,000 18,826
Appropriations 18,828
Section 15.07. EXP EXPOSITIONS COMMISSION 18,830
CAP-037 Electrical Upgrades $ 3,384,587 18,833
CAP-057 HVAC Replacement $ 1,307,100 18,835
CAP-063 Facilities Improvements and 18,836
Modernization $ 700,000 18,837
CAP-068 Masonry Renovations $ 1,347,295 18,839
CAP-069 Restroom Renovations $ 185,060 18,841
CAP-070 Master Plan Update $ 150,000 18,843
CAP-071 Campgrounds Renovations $ 425,000 18,845
CAP-072 Emergency Renovations and Equipment 18,846
Replacement $ 500,000 18,847
Total Expositions Commission $ 7,999,042 18,849
Appropriations 18,851
Section 15.08. LIB STATE LIBRARY BOARD 18,853
CAP-702 SEO Regional Center Expansion $ 750,000 18,856
Total State Library Board $ 750,000 18,858
Appropriations 18,860
Section 15.09. DNR DEPARTMENT OF NATURAL RESOURCES 18,862
CAP-742 Fountain Square Building and Grounds 18,864
Improvements $ 3,500,000 18,865
CAP-744 Multi-Agency Radio Communications 18,866
System $ 7,000,000 18,867
CAP-934 District Office 18,868
Renovations/Development $ 1,000,000 18,869
Total Department of Natural Resources $ 11,500,000 18,870
Appropriations 18,873
Section 15.10. DHS DEPARTMENT OF PUBLIC SAFETY 18,875
CAP-054 Multi-Agency Radio Communications 18,877
System $ 827,884 18,878
421
CAP-067 VHF Radio System Improvements $ 515,000 18,880
Total Department of Public Safety $ 1,342,884 18,882
Appropriations 18,885
Section 15.11. JSC JUDICIARY/SUPREME COURT 18,887
CAP-001 Ohio Courts Building Renovations $ 38,495,000 18,890
Total Judiciary/Supreme Court $ 38,495,000 18,892
Exempt from Per Cent for Arts Program 18,895
The foregoing project CAP-001, Ohio Courts Building 18,897
Renovations, shall be exempt from the provisions of section 18,898
3379.10 of the Revised Code, the Per Cent for Arts Program. 18,899
Appropriations 18,901
Section 15.12. OSB SCHOOL FOR THE BLIND 18,903
CAP-745 Roof Improvements on the School and 18,905
Cottages $ 1,000,000 18,906
CAP-751 Upgrade Fire Alarm System $ 461,250 18,908
CAP-752 Equipment Storage Building $ 240,000 18,910
CAP-757 Bathroom Renovations $ 250,000 18,912
CAP-763 Natatorium Flooring Improvements $ 47,474 18,914
CAP-764 Electrical System Improvements $ 144,900 18,916
CAP-765 Upgrade Campus Safety and Security 18,917
Systems $ 180,054 18,918
CAP-779 Doorway Improvements $ 87,000 18,920
Total School for the Blind $ 2,410,678 18,922
Appropriations 18,925
Section 15.13. OSD SCHOOL FOR THE DEAF 18,927
CAP-766 Construct Security Building at 18,929
Entrance $ 129,863 18,930
CAP-767 Roof Renovations $ 1,500,000 18,932
CAP-768 Dormitory Furniture Replacement $ 297,077 18,934
CAP-769 Emergency Exits Improvements $ 26,163 18,936
CAP-770 Install Perimeter Fence Along Morse 18,937
Road $ 155,952 18,938
Total School for the Deaf $ 2,109,055 18,940
Total Administrative Building Fund $ 236,495,382 18,942
422
Section 15.14. The Ohio Building Authority is hereby 18,945
authorized to issue and sell, in accordance with the provisions 18,946
of Section 2i of Article VIII, Ohio Constitution, and Chapter 18,947
152. and other applicable sections of the Revised Code, original 18,948
obligations in an aggregate principal amount not to exceed 18,950
$230,800,000, in addition to the original issuance of obligations 18,951
heretofore authorized by prior acts of the General Assembly to 18,952
pay costs associated with previously authorized capital 18,953
facilities and the capital facilities in Sections 15.01 to 15.13 18,954
of this act, the owners or holders of which shall have no right 18,955
to have excises or taxes levied by the General Assembly for the 18,956
payment of principal or interest thereon. 18,957
Section 16. All items set forth in this section are hereby 18,959
appropriated out of any moneys in the state treasury to the 18,960
credit of the Adult Correctional Building Fund (Fund 027). 18,961
Revenues to the Adult Correctional Building Fund shall consist of 18,962
proceeds of obligations authorized to pay costs of capital 18,963
facilities as defined in section 152.09 of the Revised Code for 18,964
the Department of Rehabilitation and Correction. 18,965
Appropriations 18,967
DRC DEPARTMENT OF REHABILITATION AND CORRECTION 18,969
STATEWIDE AND CENTRAL OFFICE PROJECTS 18,971
CAP-002 Local Jails $ 22,367,000 18,974
CAP-003 Community-Based Correctional 18,975
Facilities $ 12,541,425 18,976
CAP-141 Multi-Agency Radio Communications 18,977
System Equipment $ 250,000 18,978
CAP-252 Construct Meat Processing Plant $ 7,468,950 18,980
Total Statewide and Central Office Projects $ 42,627,375 18,982
CHILLICOTHE CORRECTIONAL INSTITUTION 18,984
CAP-253 Install Electro-Static Precipitator $ 237,165 18,987
CAP-254 Boiler House Renovations $ 978,000 18,989
CAP-255 Replace Windows and Doors $ 1,081,250 18,991
CAP-256 Construct New Freezer $ 372,338 18,993
423
CAP-257 Emergency Generator Improvements $ 916,875 18,995
Total Chillicothe Correctional Institution $ 3,585,628 18,997
HOCKING CORRECTIONAL INSTITUTION 18,999
CAP-258 Sewer Upgrades $ 500,002 19,002
CAP-259 Freezer Building Replacement $ 152,812 19,004
Total Hocking Correctional Institution $ 652,814 19,006
LIMA CORRECTIONAL INSTITUTION 19,008
CAP-260 ADA Renovations $ 507,337 19,011
Total Lima Correctional Institution $ 507,337 19,013
LONDON CORRECTIONAL INSTITUTION 19,015
CAP-261 Roof Replacement $ 189,487 19,018
Total London Correctional Institution $ 189,487 19,020
MADISON CORRECTIONAL INSTITUTION 19,022
CAP-263 Upgrade Emergency Electric Service $ 978,000 19,025
CAP-264 Sewage Station Upgrade $ 220,050 19,027
Total Madison Correctional Institution $ 1,198,050 19,029
MARION CORRECTIONAL INSTITUTION 19,031
CAP-028 Power House Improvements $ 427,875 19,034
CAP-208 Hot Water Tank Replacement $ 244,500 19,036
Total Marion Correctional Institution $ 672,375 19,038
OHIO REFORMATORY FOR WOMEN 19,040
CAP-219 Fire Alarm System Improvements $ 611,250 19,043
CAP-266 Construct New Medical and Food 19,044
Services Building $ 5,700,000 19,045
CAP-267 Renovate Arn Dormitories $ 570,500 19,047
CAP-268 Emergency Generator Improvements $ 1,848,750 19,049
CAP-269 Utility Tunnels Improvements $ 407,500 19,051
Total Ohio Reformatory for Women $ 9,138,000 19,053
ORIENT CORRECTIONAL INSTITUTION 19,055
CAP-270 Segregation Unit Replacement $ 5,246,506 19,058
CAP-271 Sanitary and Storm Sewer Upgrades $ 1,344,750 19,060
CAP-272 Administrative Parking Lot 19,061
Improvements $ 507,337 19,062
CAP-273 Construct OCI Administration Building $ 5,238,125 19,064
424
Total Orient Correctional Institution $ 12,336,718 19,066
PICKAWAY CORRECTIONAL INSTITUTION 19,068
CAP-274 Replacement of Segregation Housing $ 4,806,750 19,071
CAP-275 Replacement and Upgrade of Fence Alarm 19,072
System $ 1,848,750 19,073
Total Pickaway Correctional Institution $ 6,655,500 19,075
ROSS CORRECTIONAL INSTITUTION 19,077
CAP-276 Rubberized Roof Replacement $ 1,589,250 19,080
Total Ross Correctional Institution $ 1,589,250 19,082
SOUTHEASTERN CORRECTIONAL INSTITUTION 19,084
CAP-235 Construct Warehouse and Utility 19,086
Buildings $ 2,959,603 19,087
CAP-277 Powerhouse Boiler Improvements $ 1,653,388 19,089
CAP-278 SCI Electrical System Improvements $ 3,900,000 19,091
Total Southeastern Correctional Institution $ 8,512,991 19,093
SOUTHERN OHIO CORRECTIONAL FACILITY 19,095
CAP-279 Powerhouse Domestic Hot Water 19,097
Replacement $ 198,534 19,098
Total Southern Ohio Correctional Facility $ 198,534 19,100
TRUMBULL CORRECTIONAL INSTITUTION 19,102
CAP-280 Door Control Switch Renovations $ 1,528,125 19,105
CAP-281 Construct Psychiatric Residential 19,106
Treatment Unit $ 603,120 19,107
Total Trumbull Correctional Institution $ 2,131,245 19,109
Total Department of Rehabilitation 19,110
and Correction $ 89,995,304 19,112
Total Adult Correctional Building Fund $ 89,995,304 19,114
Section 16.01. Local Jails 19,117
From the foregoing appropriation item, CAP-002, Local 19,119
Jails, the Department of Rehabilitation and Correction shall 19,120
designate the projects involving the construction and renovation 19,121
of county, multi-county, municipal-county, and 19,122
multicounty-municipal jail facilities and workhouses, including 19,123
correctional centers authorized under sections 307.93 and 153.61 19,124
425
of the Revised Code, for which the Ohio Building Authority is 19,125
authorized to issue obligations. Notwithstanding any provisions 19,126
to the contrary contained in Chapter 152. or 153. of the Revised 19,127
Code, the Department of Rehabilitation and Correction is 19,128
authorized to coordinate, review, and monitor the drawdown and 19,129
use of funds for the renovation or construction of projects for 19,130
which designated funds are provided. 19,131
The funding authorized under this section shall not be 19,133
applied to any such facilities that are not designated by the 19,134
Department of Rehabilitation and Correction. 19,135
The amount of funding authorized under this section that 19,138
may be applied to a project designated for initial funding after 19,139
July 1, 2000, involving the construction or renovation of a 19,140
county, multicounty, municipal-county, or multicounty-municipal 19,141
jail facility or workhouse, including a correctional center 19,142
authorized under sections 307.93 and 153.61 of the Revised Code, 19,143
shall not exceed $35,000 per bed of the total allowable cost of 19,144
the project in the case of construction of county and 19,145
municipal-county jail facilities, workhouses, and correctional 19,146
centers or multicounty or multicounty-municipal jail facilities,
workhouses, and correctional centers; and shall not exceed 30 per 19,148
cent of the total allowable cost of the project in the case of 19,149
renovation of county, multicounty, municipal-county, and 19,150
multicounty-municipal jail facilities, workhouses, and 19,151
correctional centers. If a political subdivision is in the 19,152
planning phase of constructing a multi-county or 19,153
multicounty-municipal jail facility, workhouse, or correctional
center on or before the effective date of this section, the 19,154
Department of Rehabilitation and Correction shall fund that 19,155
facility at $42,000 per bed. Multi-county, or 19,156
multicounty-municipal jail facility construction projects
initiated after the effective date of this section may be 19,157
considered for, but are not entitled to be awarded funding at, 19,158
$42,000 per bed. The higher per bed award is at the discretion 19,159
426
of the Department of Rehabilitation and Correction and is 19,160
contingent upon available funds, the impact of the project, and
the inclusion of at least three counties in the project. 19,161
The cost-per-bed funding authorized under this section that 19,163
may be applied to a construction project shall not exceed the 19,164
actual cost-per-bed of the project. The 30 per cent funding 19,165
authorized under this section that may be applied to a renovation 19,166
project shall not exceed $35,000 per bed of the total allowable 19,167
cost of the project. 19,168
The funding authorized under this section shall not be 19,170
applied to any project involving the construction of a county, 19,171
multi-county, municipal-county, or multicounty-municipal jail 19,172
facility or workhouse, including a correctional center 19,173
established under sections 307.93 and 153.61 of the Revised Code, 19,174
unless the facility, workhouse, or correctional center will be 19,175
built in compliance with "The Minimum Standards for Jails in 19,176
Ohio" and the plans have been approved in accordance with section 19,177
5103.18 of the Revised Code. In addition, the funding authorized 19,178
under this section shall not be applied to any project involving 19,179
the renovation of a county, multi-county, municipal-county, or 19,180
multicounty-municipal jail facility or workhouse, including a 19,181
correctional center established under sections 307.93 and 153.61 19,182
of the Revised Code, unless the renovation is for the purpose of 19,183
bringing the facility, workhouse, or correctional center into 19,184
compliance with "The Minimum Standards for Jails in Ohio" and the 19,185
plans have been approved in accordance with section 5103.18 of 19,186
the Revised Code. 19,187
Section 16.02. Community-Based Correctional Facilities 19,189
The Department of Rehabilitation and Correction is hereby 19,191
authorized to designate to the Ohio Building Authority the sites 19,192
of, and, notwithstanding any provisions to the contrary contained 19,193
in Chapter 152. or 153. of the Revised Code, to review the 19,194
renovation or construction of, the single county and district 19,195
community-based correctional facilities funded by the foregoing 19,196
427
appropriation item CAP-003, Community-Based Correctional 19,197
Facilities. 19,198
Section 16.03. The Ohio Building Authority is hereby 19,200
authorized to issue and sell, in accordance with the provisions 19,201
of Section 2i of Article VIII, Ohio Constitution, and Chapter 19,202
152. and section 307.021 of the Revised Code, original 19,203
obligations in an aggregate principal amount not to exceed 19,204
$80,000,000 in addition to the original issuance of obligations 19,205
heretofore authorized by prior acts of the General Assembly to 19,206
pay costs associated with previously authorized capital 19,207
facilities and the capital facilities in Sections 16 and 16.01 to 19,208
16.02 of this act for the Department of Rehabilitation and 19,209
Correction, the owners or holders of which shall have no right to 19,210
have excises or taxes levied by the General Assembly for the 19,211
payment of principal or interest thereon. 19,212
Section 17. All items set forth in this section are hereby 19,214
appropriated out of any moneys in the state treasury to the 19,215
credit of the Juvenile Correctional Building Fund (Fund 028). 19,216
Revenues to the Juvenile Correctional Building Fund shall consist 19,217
of proceeds of obligations authorized to pay costs of capital 19,218
facilities as defined in section 152.09 of the Revised Code for 19,219
the Department of Youth Services. 19,220
Appropriations 19,222
DYS DEPARTMENT OF YOUTH SERVICES 19,223
CAP-801 Life, Safety, and Security Projects $ 2,000,000 19,226
CAP-803 General Institutional Renovations $ 3,250,000 19,228
CAP-828 Multi-Agency Radio Communications 19,229
System $ 750,000 19,230
CAP-829 Local Juvenile Detention Centers $ 7,130,250 19,232
CAP-831 Gym Expansion - Cuyahoga Hills Boys 19,233
School $ 1,234,000 19,234
CAP-832 72-Bed Housing Unit Addition - Ohio 19,235
River Valley Correctional Center $ 7,250,000 19,237
428
CAP-833 New School Building - Scioto Juvenile 19,238
Correctional Center $ 4,016,000 19,239
Total Department of Youth Services $ 25,630,250 19,241
Total Juvenile Correctional Building Fund $ 25,630,250 19,243
Section 17.01. Local Juvenile Detention Centers 19,246
From the foregoing appropriation item CAP-829, Local 19,248
Juvenile Detention Centers, the Department of Youth Services 19,250
shall designate the projects involving the construction and 19,251
renovation of county and multi-county juvenile detention centers 19,252
for which the Ohio Building Authority is authorized to issue
obligations. 19,253
The Department of Youth Services is authorized to review 19,255
and approve the renovation and construction of projects for which 19,256
funds are provided. The proceeds of any obligations authorized 19,257
under this section shall not be applied to any such facilities 19,258
that are not designated by the Department of Youth Services. 19,259
The Department of Youth Services shall comply with the 19,261
guidelines set forth below, accept and review applications, 19,263
designate projects, and determine the amount of state match
funding to be applied to each project. The department shall, 19,264
with the advice of the county or counties participating in a 19,266
project, determine the funded design capacity of the detention 19,267
centers that are designated to receive funding. Notwithstanding 19,268
any provisions to the contrary contained in Chapter 152. or 153. 19,269
of the Revised Code, the Department of Youth Services is
authorized to coordinate, review, and monitor the drawdown and 19,270
use of funds for the renovation and construction of projects for 19,271
which designated funds are provided. 19,272
(A) The Department of Youth Services shall develop a 19,274
weighted numerical formula to determine the amount, if any, of 19,275
state match that may be provided to a single or multi-county 19,276
detention center project. The formula shall include the factors 19,277
specified below in division (A)(1) of this section and may 19,278
include the factors specified below in division (A)(2) of this
429
section. The weight assigned to the factors specified in 19,279
division (A)(1) of this section shall be no less than twice the 19,280
weight assigned to factors specified in division (A)(2) of this 19,281
section:
(1)(a) The number of detention center beds needed in the 19,283
county or group of counties, as estimated by the Department of 19,285
Youth Services, is significantly more than the number of beds 19,286
currently available;
(b) Any existing detention center in the county or group 19,288
of counties does not meet health, safety, or security standards 19,289
for detention centers as established by the Department of Youth 19,291
Services;
(c) The Department of Youth Services projects that the 19,293
county or group of counties have a need for a sufficient number 19,295
of detention beds to make the project economically viable. 19,296
(2)(a) The percentage of children in the county or group 19,298
of counties living below the poverty level is above the state 19,299
average;
(b) The per capita income in the county or group of 19,301
counties is below the state average. 19,302
(B) The formula developed by the Department of Youth 19,304
Services shall yield a percentage of state match ranging from 0 19,305
per cent to 60 per cent based on the above factors. 19,306
Notwithstanding the foregoing provisions, if a single county or 19,307
multi-county system currently has no detention center beds, or if
the projected need for detention center beds as estimated by the 19,308
Department of Youth Services is greater than 120 per cent of 19,309
current detention center bed capacity, then the percentage of 19,310
state match shall be 60 per cent. To determine the dollar amount 19,311
of the state match for new construction projects, the percentage 19,312
of state match shall be multiplied by $105,000 per bed for 19,313
detention centers with a design capacity of 99 beds or less, and 19,314
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 19,315
430
match for renovation projects the percentage match shall be 19,316
multiplied by the actual cost of the renovation, provided that 19,317
the cost of the renovation does not exceed $80,000 per bed. The 19,318
funding authorized under this section that may be applied to a 19,319
construction or renovation project shall not exceed the actual
cost of the project. 19,320
The funding authorized under this section shall not be 19,322
applied to any project unless the detention center will be built 19,323
in compliance with health, safety, and security standards for 19,324
detention centers as established by the Department of Youth 19,325
Services. In addition, the funding authorized under this section
shall not be applied to the renovation of a detention center 19,326
unless the renovation is for the purpose of increasing the number 19,327
of beds in the center, or to meet health, safety, or security 19,328
standards for detention centers as established by the Department 19,329
of Youth Services.
Section 17.02. The Ohio Building Authority is hereby 19,331
authorized to issue and sell, in accordance with the provisions 19,332
of Section 2i of Article VIII, Ohio Constitution, and Chapter 19,333
152. and other applicable sections of the Revised Code, original 19,334
obligations in an aggregate principal amount not to exceed 19,335
$28,000,000 in addition to the original issuance of obligations 19,336
heretofore authorized by prior acts of the General Assembly. 19,337
These authorized obligations shall be issued to pay the costs 19,338
associated with previously authorized capital facilities and the 19,339
capital facilities in Sections 17 and 17.01 of this act for the 19,340
Department of Youth Services, the owners or holders of which 19,342
shall have no right to have excises or taxes levied by the 19,343
General Assembly for the payment of principal or interest 19,344
thereon.
Section 18. All items set forth in this section are hereby 19,346
appropriated out of any moneys in the state treasury to the 19,347
credit of the Arts Facilities Building Fund (Fund 030). Revenues 19,349
to the Arts Facilities Building Fund shall consist of proceeds of 19,350
431
obligations authorized to pay costs of the following capital 19,351
improvements:
Appropriations 19,353
AFC ARTS FACILITIES COMMISSION 19,354
CAP-010 Sandusky State Theatre Improvements $ 200,000 19,357
CAP-013 Stambaugh Hall Improvements $ 500,000 19,359
CAP-033 Woodward Opera House Renovation $ 250,000 19,361
CAP-037 Canton Palace Theatre Renovations $ 750,000 19,363
CAP-044 National Underground Railroad Freedom 19,364
Center $ 3,500,000 19,365
CAP-045 Cincinnati Contemporary Arts Center $ 2,000,000 19,367
CAP-046 Cincinnati Museum Center Improvements $ 200,000 19,369
CAP-048 John and Annie Glenn Museum $ 500,000 19,371
CAP-051 Akron Civic Theatre Improvements $ 1,000,000 19,373
CAP-052 Akron Art Museum $ 2,500,000 19,375
CAP-056 Ohio Agricultural and Industrial 19,376
Heritage Center $ 2,500,000 19,377
CAP-063 Robins Theatre Renovations $ 1,000,000 19,379
CAP-734 Hayes Presidential Center-Museum and 19,380
Home Improvements $ 750,000 19,381
CAP-735 Paul Lawrence Dunbar House $ 672,000 19,383
CAP-741 Adena State Memorial Renovations $ 3,888,000 19,385
CAP-742 Ft. Meigs Museum and Exhibit 19,386
Improvements $ 1,805,000 19,387
CAP-780 Harding Tomb and Site Renovations $ 138,000 19,389
CAP-781 Archives and Library Automation $ 300,000 19,391
CAP-784 Ohio Historical Center Rehabilitation $ 500,000 19,393
CAP-786 Piqua/Fort Pickawillany Acquisition 19,394
and Improvements $ 435,000 19,395
CAP-789 Neil Armstrong Air and Space Museum 19,396
Improvements $ 200,000 19,397
CAP-790 Reese-Peters Site Improvements $ 250,000 19,399
CAP-798 Multi-Site Fire and Security System 19,400
Improvements $ 100,000 19,401
432
CAP-801 Statewide Underground Storage Tank 19,402
Removal $ 107,000 19,403
CAP-802 Zane Grey Museum Improvements $ 280,000 19,405
CAP-803 Digitization of OHS Collection $ 750,000 19,407
CAP-806 Grant Boyhood Home Improvements $ 200,000 19,409
CAP-809 Cincinnati Ballet Facility 19,410
Improvements $ 450,000 19,411
CAP-811 National First Ladies Library $ 500,000 19,413
CAP-812 Dayton Performing Arts Center $ 9,500,000 19,415
CAP-813 Cleveland Botanical Gardens $ 500,000 19,417
CAP-814 Crawford Museum of Transportation and 19,418
Industry $ 3,000,000 19,419
Total Arts Facilities Commission $ 39,225,000 19,421
Total Arts Facilities Building Fund $ 39,225,000 19,423
Section 18.01. The Ohio Building Authority is hereby 19,426
authorized to issue and sell, in accordance with the provisions 19,427
of Section 2i of Article VIII, Ohio Constitution, and Chapter 19,428
152. and other applicable sections of the Revised Code, original 19,430
obligations in an aggregate principal amount not to exceed 19,431
$36,400,000 in addition to the original issuance of obligations 19,433
heretofore authorized by prior acts of the General Assembly to 19,434
pay costs of capital facilities as defined in division (A)(5) of 19,435
section 152.09 of the Revised Code, including construction as 19,436
defined in division (H) of section 3383.01 of the Revised Code, 19,437
of the Ohio arts facilities designated in Section 18 of this act, 19,438
the owners or holders of which shall have no right to have 19,440
excises or taxes levied by the General Assembly for the payment 19,441
of principal of or interest thereon.
Section 19. All items set forth in this section are hereby 19,443
appropriated out of any moneys in the state treasury to the 19,444
credit of the Ohio Parks and Natural Resources Fund (Fund 031). 19,445
Revenues to the Ohio Parks and Natural Resources Fund shall 19,446
consist of proceeds of obligations authorized to pay costs of 19,447
capital facilities as defined in sections 151.01 and 151.05 of 19,448
433
the Revised Code for the Department of Natural Resources. 19,449
Appropriations 19,450
DNR DEPARTMENT OF NATURAL RESOURCES 19,451
STATEWIDE AND LOCAL PROJECTS 19,452
CAP-012 Land Acquisition $ 3,100,000 19,455
CAP-748 Local Parks Projects - Statewide $ 9,100,000 19,457
CAP-753 Project Planning $ 1,495,000 19,459
CAP-912 Chagrin River Dredging $ 200,000 19,461
CAP-881 Dam Rehabilitation $ 7,000,000 19,463
CAP-931 Wastewater/Water Systems Upgrades $ 3,500,000 19,465
CAP-932 Wetlands/Waterfront Development and 19,466
Acquisition $ 100,000 19,467
CAP-934 Operations Facilities Development $ 2,750,000 19,469
CAP-995 Boundary Protection $ 200,000 19,471
CAP-999 Geographic Information Management 19,472
System $ 750,000 19,473
Total Statewide and Local Projects $ 28,195,000 19,475
DIVISION OF CIVILIAN CONSERVATION 19,477
CAP-835 Civilian Conservation Facilities $ 2,150,000 19,479
Total Division of Civilian Conservation $ 2,150,000 19,481
DIVISION OF FORESTRY 19,483
CAP-841 Operations and Maintenance Facility 19,485
Development and Renovation $ 1,750,000 19,487
Total Division of Forestry $ 1,750,000 19,489
DIVISION OF NATURAL AREAS 19,491
CAP-826 Natural Areas and Preserves 19,493
Maintenance/Facility Development $ 1,080,000 19,494
Total Division of Natural Areas $ 1,080,000 19,496
DIVISION OF PARKS AND RECREATION 19,498
CAP-234 State Parks Campgrounds, Lodges and 19,500
Cabins $ 2,875,000 19,501
CAP-331 Park Boating Facilities $ 2,550,000 19,503
CAP-390 State Park Maintenance/Facility 19,504
Development $ 1,500,000 19,505
434
CAP-836 State Park Renovations/Upgrading $ 1,200,000 19,507
Total Division of Parks and Recreation $ 8,125,000 19,509
DIVISION OF SOIL AND WATER CONSERVATION 19,511
CAP-706 Statewide Nonpoint Source 19,513
Implementation Program $ 600,000 19,514
CAP-809 Canal Lakes and Watershed Restoration 19,515
Program $ 500,000 19,516
Total Division of Soil and Water Conservation $ 1,100,000 19,518
DIVISION OF WATER 19,520
CAP-705 Rehabilitate Canals, Hydraulic Works 19,522
and Support Facilities $ 2,150,000 19,523
CAP-819 Rehabilitate/Automate - Ohio Ground 19,524
Water Observation Well Network $ 200,000 19,526
CAP-820 Automated Stream, Lake and Ground 19,527
Water Data Collection $ 200,000 19,528
CAP-828 Ohio and Erie Canal Rehabilitation $ 400,000 19,530
Total Division of Water $ 2,950,000 19,532
Total Department of Natural Resources $ 45,350,000 19,534
Total Ohio Parks and Natural Resources Fund $ 45,350,000 19,536
Rehabilitate Canals, Hydraulic Works and Support Facilities 19,539
Of the foregoing appropriation item CAP-705, Rehabilitate 19,541
Canals, Hydraulic Works and Support Facilities, $150,000 shall be 19,542
used for Miami-Erie Canal Improvements in Allen County and 19,543
$1,000,000 shall be used for the Ohio Canal Lock #3 19,544
Revitalization.
Ohio and Erie Canal Rehabilitation 19,546
Of the foregoing appropriation item CAP-828, Ohio and Erie 19,548
Canal Rehabilitation, $400,000 shall be used for the Erie Canal 19,549
Trail Towpath in Summit County. 19,550
Section 19.01. The Ohio Public Facilities Commission, upon 19,552
the request of the Director of Natural Resources, is hereby 19,553
authorized to issue and sell, in accordance with Section 2l of 19,554
Article VIII, Ohio Constitution, and Chapter 151. and 19,555
particularly sections 151.01 and 151.05 of the Revised Code, 19,557
435
bonds or other obligations of the State of Ohio in an aggregate 19,558
amount not to exceed $44,000,000 of original issuance obligations 19,559
in addition to the original issuance of obligations heretofore
authorized by prior acts of the General Assembly. The 19,560
obligations shall be dated, issued, and sold from time to time in 19,562
such amounts as may be necessary to provide sufficient moneys to 19,563
the credit of the Ohio Parks and Natural Resources Fund (Fund 19,564
031) created in section 1557.04 of the Revised Code to pay costs 19,565
charged to the fund when due as estimated by the Director of 19,566
Natural Resources, provided, however, that such obligations shall 19,567
be issued and sold at such time or times so that not more than 19,568
$50,000,000 original principal amount of obligations may be 19,569
issued in any fiscal year and not more than $200,000,000 original 19,570
principal amount of such obligations may be outstanding at any 19,571
one time.
Operations and Maintenance Facility Development and 19,573
Renovation
Of the foregoing appropriation item CAP-841, Operations and 19,575
Maintenance Facility Development and Renovation, $8,000 shall be 19,576
used for Perry State Forest Fencing in Perry County, and $10,000 19,577
shall be used for Harrison State Forest Improvements. 19,578
Section 19.02. For the projects appropriated in Section 19 19,580
of this act, the Department of Natural Resources shall 19,582
periodically prepare and submit to the Director of Budget and 19,583
Management the estimated design, planning, and engineering costs 19,584
of capital-related work to be done by the Department of Natural 19,585
Resources for each project. Based on the estimates, the Director
of Budget and Management may release appropriations from the 19,586
foregoing appropriation item CAP-753, Project Planning, to pay 19,587
for design, planning, and engineering costs incurred by the 19,588
Department of Natural Resources for such projects. Upon release 19,589
of the appropriations by the Director of Budget and Management, 19,590
the Department of Natural Resources shall pay for these expenses
from Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 19,591
436
using an intrastate voucher. 19,592
Section 20. (A) All items set forth in this section are 19,594
hereby appropriated out of any moneys in the state treasury to 19,595
the credit of the School Building Program Assistance Fund (Fund 19,596
032) created under section 3318.25 of the Revised Code, derived 19,597
from the proceeds of obligations heretofore and herein authorized 19,598
to pay the cost of facilities for a system of common schools 19,599
throughout the state.
Appropriations 19,601
SFC SCHOOL FACILITIES COMMISSION 19,602
CAP-770 School Building Program Assistance $ 417,200,000 19,605
Total School Facilities Commission $ 417,200,000 19,607
Total School Building Program Assistance Fund $ 417,200,000 19,609
School Building Program Assistance 19,612
The foregoing appropriation item CAP-770, School Building 19,614
Program Assistance, shall be used by the School Facilities 19,615
Commission to provide funding to school districts that receive 19,616
conditional approval from the Commission pursuant to Chapter 19,617
3318. of the Revised Code.
Commitments by the School Facilities Commission 19,619
The Ohio School Facilities Commission shall not commit at 19,621
least $207,000,000 of the appropriations made in this section 19,622
until after June 30, 2001.
Section 20.01. The Ohio Public Facilities Commission is 19,624
hereby authorized to issue and sell, in accordance with the 19,626
provisions of Section 2n of Article VIII, Ohio Constitution, and 19,627
Chapter 151. and particularly sections 151.01 and 151.03 of the 19,628
Revised Code, original obligations in an aggregate principal 19,629
amount not to exceed $390,000,000 to pay the costs associated 19,630
with previously authorized capital facilities and the capital 19,631
facilities in Section 20 of this act for the School Building 19,632
Assistance Program for the School Facilities Commission to 19,633
distribute in accordance with their rules and guidelines pursuant 19,634
to Chapter 3318. of the Revised Code. 19,635
437
Section 21. All items set forth in Sections 21.01 to 21.03 19,637
are hereby appropriated out of any moneys in the state treasury 19,638
to the credit of the Mental Health Facilities Improvement Fund 19,639
(Fund 033) created by division (F) of section 154.20 of the 19,640
Revised Code, derived from the proceeds of obligations heretofore 19,641
and herein authorized, to pay costs of capital facilities as 19,642
defined in section 154.01 of the Revised Code, for mental hygiene 19,643
and retardation.
Appropriations 19,645
Section 21.01. ADA DEPARTMENT OF ALCOHOL AND DRUG 19,647
ADDICTION SERVICES 19,648
CAP-002 Community Assistance Projects $ 3,365,000 19,651
Total Department of Alcohol and Drug Addiction 19,652
Services $ 3,365,000 19,654
Community Assistance Projects 19,657
Of the foregoing appropriation item CAP-002, Community 19,659
Assistance Projects, $225,000 shall be used for the Adelante Drug 19,660
and Alcohol Treatment Facility, $100,000 shall be used for the 19,661
Foundations Recovery Center, and $40,000 shall be used for the 19,663
Sojourner Women's and Children's Outpatient Center.
Responsibility for Facilities 19,665
No portion of the foregoing appropriation item, CAP-002, 19,667
Community Assistance Projects, shall be used for the Hamilton 19,668
County Alcohol and Drug Addiction Services Center or the Stark 19,669
County Alcohol and Drug Addiction Services Center until the 19,670
Department of Alcohol and Drug Addiction Services and the county 19,671
in which the facility is located first enter into an agreement 19,672
regarding the transfer of the title of the facility and the 19,673
associated property from the state to the county in which it is 19,674
located. If the county refuses or otherwise fails to enter into 19,675
an agreement on or before June 30, 2001, the department may 19,676
transfer title to the facility and associated property to any
other person or entity when the transfer is deemed advantageous 19,677
to the state. It shall be specified in the agreement that when 19,679
438
title to the facility and associated property is transferred, 19,680
then immediately upon the transfer of title the transferee shall 19,681
assume all responsibility, including financial responsibility, 19,682
for the facility and associated property. The foregoing 19,683
condition placed on the release of funds to the Hamilton County 19,684
Alcohol and Drug Addiction Services Center and the Stark County 19,685
Alcohol and Drug Addiction Services Center shall not apply if 19,686
such release of funds is necessary to protect the health and
safety of the Center patients. 19,687
Appropriations 19,689
Section 21.02. DMH DEPARTMENT OF MENTAL HEALTH 19,691
CAP-092 Hazardous Materials Abatement $ 800,000 19,695
CAP-479 Community Assistance Projects $ 10,000,000 19,697
CAP-906 Campus Consolidation/Automation $ 2,000,000 19,699
CAP-946 Demolition $ 750,000 19,701
CAP-976 Life Safety/Critical Plant Renovations $ 1,950,000 19,703
CAP-977 Patient Care/Environment Improvements $ 32,500,000 19,705
CAP-981 Emergency Improvements $ 1,500,000 19,707
Total Department of Mental Health $ 49,500,000 19,709
Pauline Warfield Lewis Center 19,712
Any proceeds from the sale of land occupied by the Pauline 19,714
Warfield Lewis Center to the United States Postal Service shall 19,715
be deposited in the Mental Health Facilities Improvement Fund 19,716
(033).
Section 21.03. DMR DEPARTMENT OF MENTAL RETARDATION AND 19,718
DEVELOPMENTAL DISABILITIES 19,719
Appropriations 19,721
STATEWIDE AND CENTRAL OFFICE PROJECTS 19,722
CAP-001 Asbestos Removal $ 500,000 19,725
CAP-480 Community Assistance Projects $ 21,400,000 19,727
CAP-901 Razing of Buildings $ 500,000 19,729
CAP-912 Telecommunications $ 500,000 19,731
CAP-961 Energy Conservation $ 500,000 19,733
CAP-981 Emergency Improvements $ 500,000 19,735
439
CAP-941 Emergency Generator Replacement $ 500,000 19,737
Total Statewide and Central Office Projects $ 24,400,000 19,739
APPLE CREEK DEVELOPMENTAL CENTER 19,741
CAP-791 Residential Renovation - Jonathan Hall $ 74,000 19,744
CAP-795 Ruby Hall Renovations $ 320,000 19,746
CAP-980 Pool Chemical Feed System $ 34,000 19,748
CAP-953 Door Replacement $ 61,000 19,750
Total Apple Creek Developmental Center $ 489,000 19,752
CAMBRIDGE DEVELOPMENTAL CENTER 19,754
CAP-913 HVAC Upgrade - Activity Center $ 250,000 19,757
CAP-969 Utility Upgrade - Centerwide $ 50,000 19,759
Total Cambridge Developmental Center $ 300,000 19,761
COLUMBUS DEVELOPMENTAL CENTER 19,763
CAP-106 Roof Repairs - Various Buildings $ 300,000 19,766
CAP-852 Replacement of Fire Alarm System $ 200,000 19,768
CAP-970 Clinical/Support Building Addition $ 350,000 19,770
Total Columbus Developmental Center $ 850,000 19,772
GALLIPOLIS DEVELOPMENTAL CENTER 19,774
CAP-723 HVAC System Replacements $ 470,000 19,777
CAP-853 Residential Renovations $ 100,000 19,779
CAP-971 Replacement of Fire Alarm System $ 55,000 19,781
CAP-972 Renovate Refrigerator and Freezer $ 40,000 19,783
CAP-973 Replace Steam Absorption Unit $ 130,000 19,785
Total Gallipolis Developmental Center $ 795,000 19,787
MONTGOMERY DEVELOPMENTAL CENTER 19,790
CAP-728 Maintenance Shop Addition $ 200,000 19,792
CAP-805 Replacement of Fire Alarm System $ 150,000 19,794
Total Montgomery Developmental Center $ 350,000 19,796
MOUNT VERNON DEVELOPMENTAL CENTER 19,798
CAP-080 Renovation - Main Kitchen $ 150,000 19,801
CAP-101 Residential Renovation of Rian Hall $ 224,000 19,803
CAP-810 Replacement of Fire Alarm System $ 150,000 19,805
CAP-974 Pool/Gymnasium Renovation $ 60,000 19,807
CAP-975 Exterior Building Renovation $ 75,000 19,809
440
Total Mount Vernon Developmental Center $ 659,000 19,811
NORTHWEST DEVELOPMENTAL CENTER 19,813
CAP-738 Residential Laundry Renovation $ 95,000 19,816
CAP-739 Residential Bedroom Renovation $ 100,000 19,818
CAP-982 Cooling Tower Replacement $ 50,000 19,820
Total Northwest Developmental Center $ 245,000 19,822
SOUTHWEST DEVELOPMENTAL CENTER 19,823
CAP-863 Residential Renovation - HVAC Upgrade $ 210,000 19,826
CAP-976 Renovation Program and Support 19,827
Services Buildings $ 175,000 19,828
Total Southwest Developmental Center $ 385,000 19,830
SPRINGVIEW DEVELOPMENTAL CENTER 19,832
CAP-742 Renovation - Administration Building $ 150,000 19,835
CAP-977 Roof Replacement $ 230,000 19,837
Total Springview Developmental Center $ 380,000 19,839
TIFFIN DEVELOPMENTAL CENTER 19,841
CAP-085 Roof Replacement - Dietary $ 100,000 19,844
CAP-899 Renovations - Utah and Nevada 19,845
Buildings $ 250,000 19,846
CAP-931 Exterior Renovations - Various 19,847
Buildings $ 150,000 19,848
Total Tiffin Developmental Center $ 500,000 19,850
WARRENSVILLE DEVELOPMENTAL CENTER 19,852
CAP-088 Exterior Lighting Replacement $ 160,000 19,855
CAP-936 HVAC Renovations $ 135,000 19,857
CAP-950 ADA Compliance $ 35,000 19,859
CAP-978 Boiler Replacement $ 260,000 19,861
Total Warrensville Developmental Center $ 590,000 19,863
YOUNGSTOWN DEVELOPMENTAL CENTER 19,865
CAP-091 Water Line Renovation $ 75,000 19,868
Total Youngstown Developmental Center $ 75,000 19,870
Total Department of Mental Retardation and 19,871
Developmental Disabilities $ 30,018,000 19,873
Total Mental Health Facilities Improvement Fund $ 82,883,000 19,875
441
Community Assistance Projects 19,878
The foregoing appropriation item CAP-480, Community 19,880
Assistance Projects, may be used to provide community assistance 19,881
funds for the construction or renovation of facilities for day 19,882
programs or residential programs that provide services to persons 19,883
eligible for services from the Department of Mental Retardation 19,884
and Developmental Disabilities or county boards of mental 19,885
retardation and developmental disabilities. Any funds provided 19,886
to nonprofit agencies for the construction or renovation of 19,888
facilities for persons eligible for services from the Department 19,889
of Mental Retardation and Developmental Disabilities and county 19,890
boards of mental retardation and developmental disabilities shall 19,891
be governed by the prevailing wage provisions in section 176.05 19,892
of the Revised Code. 19,893
Section 21.04. The foregoing capital improvements for 19,895
which appropriations are made in Sections 21 and 21.01 to 21.03 19,896
of this act are determined to be capital improvements and capital 19,898
facilities for mental hygiene and retardation, and shall be
designated as the capital facilities to which proceeds of 19,899
obligations in the Mental Health Facilities Improvement Fund, 19,900
created by section 154.20 of the Revised Code, are to be applied. 19,901
The foregoing appropriations for the Department of Alcohol and 19,902
Drug Addiction Services, CAP-002, Community Assistance Projects;
Department of Mental Health, CAP-479, Community Assistance 19,903
Projects; and Department of Mental Retardation and Developmental 19,904
Disabilities, CAP-480, Community Assistance Projects, may be used 19,906
on facilities constructed or to be constructed pursuant to
Chapter 340., 3793., 5119., 5123., or 5126. of the Revised Code 19,907
or the authority granted by section 154.20 of the Revised Code 19,909
and the rules issued pursuant to those chapters and shall be 19,911
distributed by the Department of Alcohol and Drug Addiction 19,912
Services, the Department of Mental Health, and the Department of 19,913
Mental Retardation and Developmental Disabilities, subject to 19,914
Controlling Board approval.
442
Section 21.05. (A) No capital improvement appropriations 19,916
made in Sections 21 to 21.03 of this act shall be released for 19,917
planning or for improvement, renovation, or construction or 19,919
acquisition of capital facilities if a governmental agency, as
defined in section 154.01 of the Revised Code, does not own the 19,920
real property that constitutes the capital facilities or on which 19,921
the capital facilities are or will be located. This restriction 19,922
shall not apply in any of the following circumstances: 19,923
(1) The governmental agency has a long-term (at least 19,925
fifteen years) lease of, or other interest (such as an easement) 19,926
in, the real property.
(2) In the case of an appropriation for capital facilities 19,928
for mental hygiene and retardation which, because of their unique 19,929
nature or location, will be owned or be part of facilities owned 19,930
by a separate nonprofit organization and made available to the 19,931
governmental agency for its use or operated by the nonprofit 19,932
organization under contract with the governmental agency, the
nonprofit organization either owns or has a long-term (at least 19,933
fifteen years) lease of the real property or other capital 19,934
facility to be improved, renovated, constructed, or acquired and 19,935
has entered into a joint or cooperative use agreement, approved 19,936
by the Department of Mental Health, Department of Mental 19,937
Retardation and Developmental Disabilities, or Department of 19,938
Alcohol and Drug Addiction Services, whichever is applicable, 19,940
with the governmental agency for that agency's use of and right 19,941
to use the capital facilities to be financed and, if applicable, 19,942
improved, the value of such use or right to use being, as
determined by the parties, reasonably related to the amount of 19,943
the appropriation. 19,944
(B) In the case of capital facilities referred to in 19,946
division (A)(2) of this section, the joint or cooperative use 19,947
agreement shall include, as a minimum, provisions which: 19,948
(1) Specify the extent and nature of that joint or 19,950
cooperative use, extending for no fewer than fifteen years, with 19,951
443
the value of such use or right to use to be, as determined by the 19,952
parties and approved by the approving department, reasonably 19,953
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 19,955
the arrangement for joint or cooperative use by a governmental 19,956
agency be terminated;
(3) Provide that procedures to be followed during the 19,958
capital improvement process will comply with appropriate 19,959
applicable state laws and rules, including provisions of this 19,960
act.
Section 21.06. The Treasurer of State is hereby authorized 19,962
to issue and sell in accordance with the provisions of Section 2i 19,963
of Article VIII, Ohio Constitution, and Chapter 154. of the 19,965
Revised Code, particularly section 154.20 of the Revised Code, 19,966
obligations in an aggregate principal amount not to exceed 19,967
$76,000,000 in addition to the original issuance of obligations
heretofore authorized by prior acts of the General Assembly to 19,968
pay costs of capital facilities for mental hygiene and 19,969
retardation, the owners or holders of which shall have no right 19,970
to have excises or taxes levied by the General Assembly for the 19,971
payment of principal or interest thereon.
Section 22. All items set forth in Sections 22.01 to 22.45 19,973
are hereby appropriated out of any moneys in the state treasury 19,974
to the credit of the Higher Education Improvement Fund (Fund 034) 19,975
created by division (F) of section 154.21 of the Revised Code, 19,976
derived from the proceeds of obligations heretofore and herein 19,977
authorized to pay the costs of capital facilities as defined in 19,978
sections 151.01 and 151.04 of the Revised Code, for
state-supported and state-assisted institutions of higher 19,980
education.
Appropriations 19,982
Section 22.01. OEB OHIO EDUCATIONAL 19,984
TELECOMMUNICATIONS NETWORK COMMISSION 19,985
CAP-001 Educational TV and Radio Equipment $ 3,498,544 19,988
444
CAP-003 Statewide Digital Television Fund $ 6,000,000 19,990
Total Ohio Educational Telecommunications 19,991
Network Commission $ 9,498,544 19,993
Educational Television and Radio Equipment 19,996
The foregoing appropriation item CAP-001, Educational 19,998
Television and Radio Equipment, shall be used to provide 19,999
broadcasting, transmission, and production equipment to Ohio 20,000
public radio and television stations, radio reading services, and 20,001
the Ohio Educational Telecommunications Network Commission.
Appropriations 20,002
Section 22.02. BOARD OF REGENTS AND STATE 20,004
INSTITUTIONS OF HIGHER EDUCATION 20,005
BOR BOARD OF REGENTS 20,006
CAP-025 Instructional and Data Processing 20,008
Equipment $ 33,000,000 20,009
CAP-029 Ohio Library and Information Network $ 7,485,000 20,011
CAP-030 Supercomputer Center Expansion $ 6,500,000 20,013
CAP-031 Ohio Aerospace Institute - Building 20,014
Improvements $ 300,000 20,015
CAP-032 Research Facility Action and 20,016
Investment Funds $ 20,000,000 20,017
CAP-033 Child Care Facilities - Matching 20,018
Grants $ 1,500,000 20,019
CAP-060 Technology Initiatives $ 10,000,000 20,021
CAP-062 Non-Credit Job Training Facilities 20,022
Grants $ 6,300,000 20,023
CAP-064 Eminent Scholars Capital Grants $ 2,750,000 20,025
CAP-065 Biomedical Technology Center $ 8,500,000 20,027
Total Board of Regents $ 96,335,000 20,029
Section 22.03. Research Facility Action and Investment 20,032
Funds
The foregoing appropriation item CAP-032, Research Facility 20,034
Action and Investment Funds, shall be used for a program of 20,035
grants to be administered by the Board of Regents to provide 20,036
445
timely availability of capital facilities for research programs 20,037
and research-oriented instructional programs at or involving 20,038
state-supported and state-assisted institutions of higher 20,039
education.
The Board of Regents shall develop rules in accordance with 20,041
Chapter 119. of the Revised Code relative to the application for 20,042
and approval of projects funded from appropriation item CAP-032, 20,043
Research Facility Action and Investment Funds. Such rules shall 20,044
be reviewed and approved by the Legislative Committee on 20,046
Education Oversight. The Board of Regents shall inform the
President of the Senate and the Speaker of the House of 20,048
Representatives of each project application for funding received. 20,049
Each project receiving a commitment for funding by the Board of 20,050
Regents under the rules shall be reported to the President of the
Senate and the Speaker of the House of Representatives. 20,051
Notwithstanding the limits imposed in section 3345.50 of 20,053
the Revised Code on the size of capital projects funded by state 20,054
appropriations that the Department of Administrative Services may 20,055
delegate to institutions for local administration, the Director 20,056
of Administrative Services may delegate responsibility for 20,057
administration of larger projects if the state appropriations 20,058
consist only of loans from a prior Research Facility and 20,059
Investment Loans and Grants appropriation. Loans for such 20,060
projects shall be released by the Controlling Board in a lump sum 20,061
after the Director of Administrative Services authorizes local 20,062
administration and shall be disbursed as reimbursements for local 20,063
expenditures from time to time as the institution provides 20,064
documentation of such expenditures. 20,065
Section 22.04. Repayment of Research Facility Investment 20,067
Fund Moneys
Notwithstanding any provision of law to the contrary, all 20,069
repayments of Research Facility Investment Fund loans shall be 20,070
made to the Bond Service Account in the Higher Education Bond 20,071
Service Trust Fund. 20,072
446
Institutions of higher education shall make timely 20,074
repayments of Research Facility Investment Fund loans, according 20,075
to the schedule established by the Board of Regents. In the case 20,076
of late payments, the Board of Regents may deduct from an 20,077
institution's periodic subsidy distribution an amount equal to 20,078
the amount of the overdue payment for that institution, transfer 20,079
such amount to the Bond Service Trust Fund, and credit the 20,080
appropriate institution for the repayment. 20,081
Section 22.05. Child Care Facilities - Matching Grants 20,083
The foregoing appropriation item CAP-033, Child Care 20,085
Facilities - Matching Grants, shall be used by the Board of 20,086
Regents to make grants to state-supported or state-assisted 20,087
institutions of higher education for projects to expand, 20,088
construct, or renovate space or equip child care centers. All 20,089
grants shall be awarded on a 50 per cent match basis. In making
grant awards, the Board of Regents shall give priority to: 20,090
(A) Projects located at state-supported or state-assisted 20,093
institutions without child care facilities;
(B) Projects for which the principal clients are children 20,095
of students enrolled at the institution; and 20,096
(C) Projects where the facility will be used as a 20,099
classroom/training lab for child care/preschool certification
programs.
Section 22.06. Technology Initiatives 20,101
In order to determine a method for awarding grants from 20,103
appropriation item CAP-060, Technology Initiatives, the Board of 20,104
Regents shall form a consultation group including, but not 20,105
limited to, representatives of state colleges and universities, 20,106
the Office of Budget and Management, the Legislative Budget 20,107
Office of the Legislative Service Commission, and the Legislative 20,108
Office of Education Oversight.
Section 22.07. Eminent Scholars Capital Grants 20,110
The foregoing appropriation item CAP-064, Eminent Scholars 20,112
Capital Grants, shall be used by the Ohio Board of Regents to 20,113
447
make grants to state colleges and universities and nonprofit Ohio 20,114
institutions of higher education holding certificates of 20,115
authorization issued under section 1713.02 of the Revised Code 20,116
that receive endowment grants from appropriation item 235-451, 20,118
Eminent Scholars. The capital grants shall be used to acquire, 20,119
renovate, rehabilitate, or construct facilities and purchase 20,120
equipment to be used by an Eminent Scholar in the conduct of 20,121
research, and shall require a 50 per cent match from recipient 20,122
campuses.
The Board of Regents shall convene an Eminent Scholars 20,124
Advisory Panel, which shall make recommendations for the 20,125
administration of the Eminent Scholars program, including the 20,126
award of capital grants. The panel's recommendations for capital 20,127
awards from appropriation item CAP-064, Eminent Scholars Capital 20,128
Grants, shall require the approval of the Board of Regents. 20,129
Biomedical Technology Center 20,131
The foregoing appropriation item CAP-065, Biomedical 20,133
Technology Center, shall be used by the Center for Applied 20,134
Biomedical Technologies for site development, and the design, 20,135
construction, and equipment costs of a new biomedical technology 20,136
resources facility. Prior to release of the funds, a proposal 20,137
for the construction of the facility and the use of state funds
must be approved by the Biomedical Technology Center Oversight 20,138
Committee, which is hereby created and consists of the Governor's 20,139
Science and Technology Advisor, the president of the Edison Bio 20,140
Technology Center, and the Governor's regional economic 20,141
development representative for northeastern Ohio. The committee
shall determine the extent to which division (C) of Section 22.50 20,142
of this act, or appropriate alternative procedures apply to the 20,143
project. Upon notification of the committee's approval, the 20,144
Chancellor of the Board of Regents shall request the Director of 20,145
Budget and Management or the Controlling Board to release the 20,146
appropriations. The Biomedical Technology Center Oversight
Committee shall sunset upon the release of all appropriations 20,147
448
from this item. This appropriation shall not be used to match 20,148
any grants made by the Biomedical Research and Technology 20,149
Transfer Commission.
Section 22.08. Reimbursement for Project Costs 20,151
Appropriations made in Sections 22.09 to 22.46 of this act 20,153
for purposes of costs of capital facilities for the interim 20,154
financing of which the particular institution has previously 20,155
issued its own obligations anticipating the possibility of future 20,156
state appropriations to pay all or a portion of such costs, as 20,157
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 20,158
agent for those outstanding obligations in the full principal 20,159
amount of those obligations then to be paid from the anticipated 20,160
appropriation, and shall be timely applied to the retirement of a 20,161
like principal amount of the institutional obligations.
Appropriations made in Sections 22.09 to 22.46 of this act 20,163
for purposes of costs of capital facilities, all or a portion of 20,164
which costs the particular institution has paid from the 20,165
institution's moneys that were temporarily available and which 20,166
payments were reasonably expected to be reimbursed from the 20,167
proceeds of obligations issued by the state, shall be directly 20,168
paid to the institution in the full amounts of those payments, 20,169
and shall be timely applied to the reimbursement of those 20,170
temporarily available moneys.
Appropriations 20,172
Section 22.09. UAK UNIVERSITY OF AKRON 20,174
CAP-008 Basic Renovations $ 3,523,748 20,177
CAP-049 Basic Renovations - Wayne $ 119,034 20,179
CAP-090 Library/Learning Center $ 1,196,843 20,181
CAP-091 Student Affairs Building $ 15,000,000 20,183
CAP-092 Whitby Hall Rehabilitation $ 2,952,656 20,185
Total University of Akron $ 22,792,281 20,187
John Brown Memorial - Summit County 20,190
Of the foregoing appropriation item CAP-008, Basic 20,192
449
Renovations, $50,000 shall be used for the John Brown Memorial in 20,193
Summit County.
Appropriations 20,195
Section 22.10. BGU BOWLING GREEN STATE UNIVERSITY 20,197
CAP-009 Basic Renovations $ 3,260,797 20,200
CAP-060 Basic Renovations - Firelands $ 182,380 20,202
CAP-102 Network Infrastructure - Phase II $ 12,366,110 20,204
CAP-109 Cedar Point Community Center $ 515,600 20,206
CAP-110 Hanna Hall Rehabilitation $ 2,005,522 20,208
CAP-111 Re-Roof East, West and North Buildings $ 503,326 20,210
Total Bowling Green State University $ 18,833,735 20,212
Appropriations 20,214
Section 22.11. CSU CENTRAL STATE UNIVERSITY 20,216
CAP-022 Basic Renovations $ 800,205 20,219
CAP-089 Student Center Planning $ 500,000 20,221
CAP-090 Emery Hall Roof Rehabilitation $ 632,500 20,223
CAP-091 Carnegie Hall Roof Rehabilitation $ 457,500 20,225
CAP-092 Page Hall Rehabilitation $ 1,900,000 20,227
CAP-093 Simpson Hall HVAC $ 318,800 20,229
CAP-094 Hunter Hall HVAC $ 555,000 20,232
CAP-095 Williamson Hall HVAC $ 700,000 20,234
CAP-096 Lane Hall Rehabilitation $ 3,700,000 20,236
Total Central State University $ 9,564,005 20,238
Appropriations 20,240
Section 22.12. UCN UNIVERSITY OF CINCINNATI 20,242
CAP-009 Basic Renovations $ 6,705,977 20,245
CAP-018 Basic Renovations - Clermont $ 153,378 20,247
CAP-054 Raymond Walters Renovations $ 224,428 20,249
CAP-128 Science and Allied Health Building - 20,250
Phase III Walters $ 1,646,761 20,251
CAP-174 Classroom/Teaching Laboratory 20,252
Renovations $ 4,850,000 20,253
CAP-176 Network Expansion $ 500,000 20,255
450
CAP-177 Critical Building Component 20,256
Renovations $ 7,363,728 20,257
CAP-206 One Stop Services Center $ 16,980,882 20,259
CAP-207 Central Campus Infrastructure $ 300,000 20,261
CAP-208 Security System Upgrade $ 300,000 20,263
CAP-209 Library Renovations $ 300,000 20,265
CAP-210 Cincinnati Observatory Center 20,266
Improvements $ 150,000 20,267
CAP-222 Classroom/Laboratory Building $ 4,686,457 20,269
CAP-223 Teachers College/Dyer Hall 20,270
Rehabilitation Phase II $ 4,136,000 20,271
CAP-224 Van Wormer Administrative Building 20,272
Rehabilitation $ 132,000 20,273
CAP-225 Institute of Advanced Manufacturing 20,274
Sciences $ 250,000 20,275
CAP-226 Holocaust Archives at Hebrew Union 20,276
College $ 250,000 20,277
Total University of Cincinnati $ 48,929,611 20,279
Appropriations 20,281
Section 22.13. CLS CLEVELAND STATE UNIVERSITY 20,283
CAP-023 Basic Renovations $ 3,284,313 20,286
CAP-067 17th-18th Street Block - College of 20,287
Urban Affairs $ 9,250,000 20,288
CAP-069 Great Lakes Museum for Science, 20,289
Environment and Technology $ 200,000 20,290
CAP-073 Cleveland Playhouse $ 1,000,000 20,292
CAP-118 Structural Concrete Rehabilitation $ 1,500,000 20,294
CAP-125 College of Education Building $ 600,000 20,296
CAP-126 Electrical System Upgrades - Phase II $ 2,619,670 20,298
CAP-127 Fire Alarm System Upgrade $ 400,000 20,300
CAP-128 Property Acquisition $ 1,298,322 20,302
CAP-129 Vocational Guidance Campus $ 2,000,000 20,304
CAP-130 WVIZ Technology Center $ 1,000,000 20,306
Total Cleveland State University $ 23,152,305 20,308
451
Appropriations 20,310
Section 22.14. KSU KENT STATE UNIVERSITY 20,312
CAP-022 Basic Renovations $ 3,471,635 20,315
CAP-105 Basic Renovations - East Liverpool $ 96,138 20,317
CAP-106 Basic Renovations - Geauga $ 47,979 20,319
CAP-107 Basic Renovations - Salem $ 98,262 20,321
CAP-108 Basic Renovations - Stark $ 285,591 20,323
CAP-110 Basic Renovations - Ashtabula $ 175,264 20,325
CAP-111 Basic Renovations - Trumbull $ 225,295 20,327
CAP-112 Basic Renovations - Tuscarawas $ 172,079 20,329
CAP-142 Music Center Improvements $ 3,300,000 20,331
CAP-177 Corporate Education and Conference 20,332
Center, Phase II - Stark $ 1,707,255 20,333
CAP-179 New Power Plant - Phase II $ 9,720,232 20,335
CAP-206 Child Care Facility and Related 20,336
Renovations and Additions $ 277,314 20,337
CAP-207 Kent Hall Planning and Addition $ 4,380,000 20,339
CAP-208 Mary Patterson Exterior Renovations $ 605,555 20,341
CAP-209 Rehabilitation of Auditorium Building, 20,342
Phase III $ 3,830,000 20,343
CAP-210 Rooftop Air Handler Repair/Replacement $ 609,445 20,345
CAP-211 Science and Technology Building $ 2,909,422 20,347
CAP-212 Technology Building Rehabilitation and 20,348
Addition Planning $ 908,500 20,349
Total Kent State University $ 32,819,966 20,351
Appropriations 20,354
Section 22.15. MUN MIAMI UNIVERSITY 20,356
CAP-018 Basic Renovations $ 3,539,484 20,359
CAP-066 Basic Renovations - Hamilton $ 256,361 20,361
CAP-069 Basic Renovations - Middletown $ 252,933 20,363
CAP-070 Chilled Water System - Phase VII $ 1,000,000 20,365
CAP-089 High-Voltage System Phase VII $ 1,100,000 20,367
CAP-113 Special Academic/Administrative 20,368
Projects - Hamilton $ 591,426 20,369
452
CAP-114 Chilled Water Loop Phase II - Hamilton $ 501,381 20,371
CAP-115 Special Academic/Administrative 20,372
Projects - Middletown $ 335,116 20,373
CAP-116 Hughes Hall Rehabilitation - Phase III $ 8,670,000 20,375
CAP-123 Phillips Hall Rehabilitation $ 938,087 20,377
CAP-127 Campus Steam Distribution - Phase I $ 500,000 20,379
CAP-129 Steam Plant Electrostatic Precipitator $ 501,381 20,381
CAP-130 MacMillan Rehabilitation/Multicultural 20,382
Center $ 4,200,000 20,383
CAP-131 Miami University Learning Center $ 500,000 20,385
Total Miami University $ 22,886,169 20,387
Appropriations 20,389
Section 22.16. OSU OHIO STATE UNIVERSITY 20,391
CAP-074 Basic Renovations $ 15,483,848 20,394
CAP-149 Basic Renovations - Regional Campuses $ 998,118 20,396
CAP-255 Supplemental Renovations - OARDC $ 2,306,350 20,398
CAP-369 Natural Habitat Research Site 20,399
Improvements $ 500,000 20,400
CAP-425 Physical Sciences Building $ 26,000,000 20,402
CAP-427 Morrill Hall Renovation - Marion $ 1,364,050 20,404
CAP-484 Page Hall Rehabilitation $ 10,300,000 20,406
CAP-485 Botany and Zoology Building 20,407
Rehabilitation $ 20,793,244 20,408
CAP-486 Larkins Hall Addition/Rehabilitation $ 5,000,000 20,410
CAP-487 Robinson Laboratory Replacement $ 2,500,000 20,412
CAP-494 Nicklaus Center $ 500,000 20,414
CAP-531 Animal and Plant Biology Level 3 20,415
Isolation Facility - OARDC $ 200,000 20,416
CAP-532 Food, Ag, and Environmental Sciences $ 1,500,000 20,418
CAP-533 Heart Hospital $ 2,610,000 20,420
CAP-534 Main Library Rehabilitation $ 500,000 20,422
CAP-535 Psychology Building $ 3,000,000 20,424
CAP-536 Thorne Hall and Gowley Hall 20,425
Renovations, Phase III - OARDC $ 4,195,974 20,426
453
CAP-538 OSU Gateway Parking Garage $ 4,500,000 20,428
Total Ohio State University $ 102,251,584 20,430
Appropriations 20,432
Section 22.17. OHU OHIO UNIVERSITY 20,434
CAP-020 Basic Renovations $ 4,032,073 20,437
CAP-095 Basic Renovations - Eastern $ 135,160 20,439
CAP-098 Basic Renovations - Lancaster $ 182,651 20,441
CAP-099 Basic Renovations - Zanesville $ 201,122 20,443
CAP-113 Basic Renovations - Chillicothe $ 183,172 20,445
CAP-114 Basic Renovations - Ironton $ 92,699 20,447
CAP-115 Bennett Hall HVAC and Lab Improvements 20,448
- Chillicothe $ 1,082,262 20,449
CAP-142 Health Professions Lab - Phase II $ 8,750,000 20,451
CAP-155 Brasee Hall Rehabilitation, Phase II - 20,452
Lancaster $ 1,100,521 20,453
CAP-172 Elson Hall Rehabilitation, Phase II - 20,454
Zanesville $ 1,085,613 20,455
CAP-188 Technology Center Construction - 20,456
Ironton $ 2,628,382 20,457
CAP-199 Bently Hall Renovation - Phase I $ 6,564,450 20,459
CAP-200 Building Acquisition/Renovation - 20,460
Eastern $ 1,022,957 20,461
CAP-201 PSAC Rehabilitation Planning $ 500,000 20,463
CAP-202 Putnam Hall Rehabilitation $ 4,141,912 20,465
CAP-203 Supplemental Renovations $ 1,750,000 20,467
Total Ohio University $ 33,452,974 20,469
Appropriations 20,470
Section 22.18. SSC SHAWNEE STATE UNIVERSITY 20,472
CAP-004 Basic Renovations $ 790,045 20,475
CAP-041 Kricker Hall Renovation - Phase II $ 767,112 20,477
CAP-042 Sidewalk/Plaza Replacement $ 100,276 20,479
CAP-043 Communication/Data Upgrade $ 62,106 20,481
CAP-044 Land Acquisition $ 220,607 20,483
454
CAP-045 Rehabilitation of Health Sciences 20,484
Building - Phase I $ 716,974 20,485
Total Shawnee State University $ 2,657,120 20,487
Appropriations 20,489
Section 22.19. UTO UNIVERSITY OF TOLEDO 20,491
CAP-010 Basic Renovations $ 3,819,725 20,494
CAP-096 Health and Human Services 20,495
Rehabilitation - Phase II $ 5,314,634 20,496
CAP-099 Memorial Field House Rehabilitation $ 12,033,133 20,498
CAP-100 University Computer Center $ 1,554,424 20,500
CAP-102 WGTE Public Broadcasting Facility 20,501
Upgrade $ 1,000,000 20,502
CAP-103 Toledo Museum of Art Improvements $ 1,000,000 20,504
Total University of Toledo $ 24,721,916 20,506
Appropriations 20,509
Section 22.20. WSU WRIGHT STATE UNIVERSITY 20,511
CAP-015 Basic Renovations $ 2,685,343 20,514
CAP-064 Basic Renovations - Lake $ 89,080 20,516
CAP-103 Millett Hall Rehabilitation $ 11,285,211 20,518
CAP-106 Air Force Museum $ 500,000 20,520
CAP-107 Edison Incubator $ 400,000 20,522
CAP-108 Mound Advanced Technology Center $ 1,100,000 20,524
Total Wright State University $ 16,059,634 20,526
Appropriations 20,529
Section 22.21. YSU YOUNGSTOWN STATE UNIVERSITY 20,531
CAP-014 Basic Renovations $ 2,268,434 20,534
CAP-108 Electronic Campus 20,535
Infrastructure/Technology $ 3,008,283 20,536
CAP-112 Beeghly Center Rehabilitation $ 2,506,903 20,538
CAP-113 Campus Development $ 604,119 20,540
CAP-114 Chiller and Steamline Replacement - 20,541
Phase III $ 902,485 20,542
CAP-115 Fedor Hall Rehabilitation $ 1,804,970 20,544
455
CAP-116 Technology Incubator for Market Ready 20,545
Applications $ 1,000,000 20,546
Total Youngstown State University $ 12,095,194 20,548
Appropriations 20,551
Section 22.22. MCO MEDICAL COLLEGE OF OHIO 20,553
CAP-010 Basic Renovations $ 1,197,311 20,556
CAP-066 Core Research - Clinical Education 20,557
Support Center $ 4,620,583 20,558
Total Medical College of Ohio $ 5,817,894 20,560
Appropriations 20,563
Section 22.23. NEM NORTHEASTERN OHIO UNIVERSITIES 20,565
COLLEGE OF MEDICINE 20,566
CAP-018 Basic Renovations $ 335,850 20,569
CAP-040 Campus Network Renovation and 20,570
Expansion $ 1,283,974 20,571
Total Northeastern Ohio Universities College 20,572
of Medicine $ 1,619,824 20,574
Appropriations 20,577
Section 22.24. CTC CINCINNATI STATE COMMUNITY COLLEGE 20,579
CAP-013 Basic Renovations $ 683,630 20,582
CAP-026 Emergency Phones and Duct Smoke 20,583
Detectors $ 245,676 20,584
CAP-027 Floor Tiles and Ceiling Replacement $ 320,884 20,586
CAP-028 HVAC and AC Units $ 17,264 20,588
CAP-029 Masonry Repair and New Windows $ 200,552 20,590
CAP-030 Student Life/Education Building $ 3,008,282 20,592
CAP-031 Substation and Power Panels $ 388,069 20,594
Total Cincinnati State Community College $ 4,864,357 20,596
Appropriations 20,598
Section 22.25. CLT CLARK STATE COMMUNITY COLLEGE 20,600
CAP-006 Basic Renovations $ 416,307 20,603
Total Clark State Community College $ 416,307 20,605
Appropriations 20,607
Section 22.26. CTI COLUMBUS STATE COMMUNITY COLLEGE 20,609
456
CAP-006 Basic Renovations $ 931,890 20,612
CAP-040 Academic Center "D" - Phase I $ 5,414,472 20,614
Total Columbus State Community College $ 6,346,362 20,616
Academic Center "D" - Phase I 20,619
Columbus State Community College may use appropriation item 20,621
CAP-040, Academic Center "D" - Phase I, to finance the initial 20,622
work required to construct a facility whose total cost shall be 20,623
approximately $20 million. Columbus State Community College and 20,624
the Board of Regents may request additional funding for the 20,625
project for the capital biennium beginning July 1, 2002.
Columbus State Community College may supplement this initial 20,626
appropriation with its own funds if necessary to avoid delays in 20,627
the project. Any expenditure of local funds may be reimbursed 20,628
from future appropriations.
Appropriations 20,629
Section 22.27. CCC CUYAHOGA COMMUNITY COLLEGE 20,631
CAP-026 Playhouse Square $ 3,000,000 20,634
CAP-031 Basic Renovations $ 2,088,437 20,636
CAP-064 Technology Learning Center - Western $ 5,781,820 20,638
CAP-077 Plaza Connector, Phase I - East $ 1,561,721 20,640
CAP-078 Humanities Building Renovations - 20,641
Metro $ 2,481,904 20,642
CAP-079 Cleveland Art Museum Improvements $ 3,000,000 20,644
Total Cuyahoga Community College $ 17,913,882 20,646
Appropriations 20,648
Section 22.28. ESC EDISON STATE COMMUNITY COLLEGE 20,650
CAP-006 Basic Renovations $ 230,732 20,653
Total Edison State Community College $ 230,732 20,655
Appropriations 20,657
Section 22.29. JTC JEFFERSON COMMUNITY COLLEGE 20,659
CAP-022 Basic Renovations $ 187,823 20,662
Total Jefferson Community College $ 187,823 20,664
Appropriations 20,666
Section 22.30. LCC LAKELAND COMMUNITY COLLEGE 20,668
457
CAP-006 Basic Renovations $ 714,842 20,671
CAP-028 Athletic, Fitness, Teaching 20,672
Center/Family Center Expansion $ 3,178,180 20,673
Total Lakeland Community College $ 3,893,022 20,675
Appropriations 20,677
Section 22.31. LOR LORAIN COMMUNITY COLLEGE 20,679
CAP-005 Basic Renovations $ 884,717 20,682
Total Lorain Community College $ 884,717 20,684
Appropriations 20,687
Section 22.32. NTC NORTHWEST STATE COMMUNITY COLLEGE 20,689
CAP-003 Basic Renovations $ 182,320 20,692
Total Northwest State Community College $ 182,320 20,694
Appropriations 20,697
Section 22.33. OTC OWENS COMMUNITY COLLEGE 20,699
CAP-019 Basic Renovations $ 884,371 20,702
CAP-034 Center for Fine and Performing Arts 20,703
Construction $ 7,847,442 20,704
Total Owens Community College $ 8,731,813 20,706
Appropriations 20,709
Section 22.34. RGC RIO GRANDE COMMUNITY COLLEGE 20,711
CAP-005 Basic Renovations $ 262,161 20,714
CAP-021 New Entrance Road $ 574,485 20,716
Total Rio Grande Community College $ 836,646 20,718
Appropriations 20,721
Section 22.35. SCC SINCLAIR COMMUNITY COLLEGE 20,723
CAP-007 Basic Renovations $ 1,740,059 20,726
Total Sinclair Community College $ 1,740,059 20,728
Appropriations 20,731
Section 22.36. SOC SOUTHERN STATE COMMUNITY COLLEGE 20,733
CAP-010 Basic Renovations $ 218,915 20,736
Total Southern State Community College $ 218,915 20,738
Appropriations 20,741
Section 22.37. TTC TERRA STATE COMMUNITY COLLEGE 20,743
CAP-009 Basic Renovations $ 332,113 20,746
458
Total Terra State Community College $ 332,113 20,748
Appropriations 20,751
Section 22.38. WTC WASHINGTON STATE COMMUNITY COLLEGE 20,753
CAP-006 Basic Renovations $ 201,039 20,756
Total Washington State Community College $ 201,039 20,758
Appropriations 20,761
Section 22.39. BTC BELMONT TECHNICAL COLLEGE 20,763
CAP-008 Basic Renovations $ 185,603 20,766
Total Belmont Technical College $ 185,603 20,768
Appropriations 20,771
Section 22.40. COT CENTRAL OHIO TECHNICAL COLLEGE 20,773
CAP-003 Basic Renovations $ 206,057 20,776
Total Central Ohio Technical College $ 206,057 20,778
Appropriations 20,781
Section 22.41. HTC HOCKING TECHNICAL COLLEGE 20,783
CAP-019 Basic Renovations $ 419,330 20,786
CAP-034 Student Center - Phase II $ 2,791,470 20,788
Total Hocking Technical College $ 3,210,800 20,790
Appropriations 20,793
Section 22.42. LTC LIMA TECHNICAL COLLEGE 20,795
CAP-004 Basic Renovations $ 216,530 20,798
Total Lima Technical College $ 216,530 20,800
Appropriations 20,803
Section 22.43. MTC MARION TECHNICAL COLLEGE 20,805
CAP-004 Basic Renovations $ 127,493 20,808
Total Marion Technical College $ 127,493 20,810
Appropriations 20,813
Section 22.44. MAT MUSKINGUM AREA TECHNICAL COLLEGE 20,815
CAP-007 Basic Renovations $ 208,496 20,818
CAP-018 Campus Essential System Renovations $ 450,600 20,820
CAP-019 Eastern Ohio Regional Training Center $ 459,823 20,822
CAP-020 Atwood Lake Resort and Conference 20,823
Center Facilities Improvements $ 500,000 20,825
Total Muskingum Area Technical College $ 1,618,919 20,827
459
Appropriations 20,830
Section 22.45. NCC NORTH CENTRAL TECHNICAL COLLEGE 20,832
CAP-003 Basic Renovations $ 348,811 20,835
CAP-018 Fallerius Center Rehabilitation $ 1,866,359 20,837
Total North Central Technical College $ 2,215,170 20,839
Appropriations 20,842
Section 22.46. STC STARK TECHNICAL COLLEGE 20,844
CAP-004 Basic Renovations $ 375,491 20,847
CAP-027 Information Technology Learning Center $ 5,074,618 20,849
Total Stark Technical College $ 5,450,109 20,851
Total Board of Regents and 20,852
State Institutions of Higher Education $ 532,850,000 20,854
Total Higher Education Improvement Fund $ 543,698,544 20,856
Section 22.47. Debt Service Formula Allocation 20,859
Based on the foregoing appropriations in Sections 22 and 20,861
22.01 to 22.45 of this act, from Fund 034, Higher Education 20,864
Improvement Fund, the following higher education institutions 20,865
shall be responsible for the specified amounts as part of the
debt service component of the instructional subsidy beginning in 20,867
fiscal year 2002:
Institution Amount 20,869
University of Akron $17,952,656 20,870
University of Akron - Wayne $ 1,196,843 20,871
Bowling Green State University $14,371,632 20,872
Bowling Green State University - Firelands $ 1,018,926 20,873
Central State University $ 2,356,900 20,874
University of Cincinnati $34,862,610 20,875
University of Cincinnati - Clermont $ 686,460 20,876
University of Cincinnati - Walters $ 1,646,761 20,877
Cleveland State University $15,667,992 20,878
Kent State University $17,930,232 20,879
Kent State University - Ashtabula $ 908,500 20,880
Kent State University - East Liverpool $ 605,555 20,881
Kent State University - Geauga $ 277,314 20,882
460
Kent State University - Salem $ 609,445 20,883
Kent State University - Stark $ 1,707,255 20,884
Kent State University - Tuscarawas $ 2,909,422 20,885
Miami University $16,909,468 20,886
Miami University - Hamilton $ 1,092,807 20,887
Miami University - Middletown $ 335,116 20,888
Ohio State University $72,203,245 20,889
Ohio State University - Marion $ 1,364,050 20,890
Ohio University $21,706,363 20,891
Ohio University - Eastern $ 1,022,957 20,892
Ohio University - Chillicothe $ 1,082,262 20,893
Ohio University - Ironton $ 614,950 20,894
Ohio University - Lancaster $ 1,100,521 20,895
Ohio University - Zanesville $ 1,085,613 20,896
Shawnee State University $ 1,867,075 20,897
University of Toledo $18,902,191 20,898
Wright State University $11,285,211 20,899
Youngstown State University $ 8,826,760 20,900
Medical College of Ohio $ 4,620,583 20,901
Northeastern Ohio Universities College of Medicine $ 1,283,974 20,902
Cincinnati State Community College $ 4,180,728 20,903
Columbus State Community College $ 5,414,472 20,904
Cuyahoga Community College $ 9,825,445 20,905
Lakeland Community College $ 3,178,180 20,906
Owens Community College $ 4,513,470 20,907
Rio Grande Community College $ 574,485 20,908
Hocking Technical College $ 2,431,100 20,909
Muskingum Area Technical College $ 910,423 20,910
North Central Technical College $ 1,866,359 20,911
Stark Technical College $ 1,807,050 20,912
Institutions not listed above shall not have a debt service 20,915
obligation as a result of these appropriations. 20,916
Within sixty days after the effective date of this section, 20,918
any institution of higher education may notify the Board of 20,919
461
Regents of its intention not to proceed with any project 20,920
appropriated in this act. Upon receiving such notification, the 20,921
Board of Regents may release the institution from its debt
service obligation for the specific project. 20,922
Section 22.48. For all of the foregoing appropriation 20,924
items from the Higher Education Improvement Fund (Fund 034) that 20,925
require local funds to be contributed by any state-supported or 20,926
state-assisted institution of higher education, the Ohio Board of 20,927
Regents shall not recommend that any funds be released until the 20,928
recipient institution demonstrates to the Board of Regents and 20,929
the Office of Budget and Management that the local funds
contribution requirement has been secured or satisfied. The 20,930
local funds shall be in addition to the foregoing appropriations. 20,931
Section 22.49. The foregoing capital improvements for 20,933
which appropriations are made from the Higher Education 20,934
Improvement Fund (Fund 034) are determined to be capital 20,935
improvements and capital facilities for state-supported or
state-assisted institutions of higher education, and are 20,936
designated as the capital facilities to which proceeds of 20,937
obligations in the Higher Education Improvement Fund, created by 20,938
section 154.21 of the Revised Code, are to be applied. 20,939
Section 22.50. The Ohio Public Facilities Commission is 20,941
hereby authorized to issue and sell, in accordance with the 20,943
provisions of Section 2n of Article VIII, Ohio Constitution, 20,944
Chapter 151. and particularly sections 151.01 and 151.04 of the
Revised Code, original obligations in an aggregate principal 20,946
amount not to exceed $544,000,000 to pay costs associated with 20,949
previously authorized capital facilities and the capital
facilities in sections 22.01 to 22.46 of this act for 20,950
state-supported and state-assisted institutions of higher 20,952
education.
Section 22.51. None of the foregoing capital improvements 20,954
appropriations for state-supported or state-assisted institutions 20,955
of higher education shall be expended until the particular 20,956
462
appropriation has been recommended for release by the Ohio Board 20,957
of Regents and released by the Director of Budget and Management 20,958
or the Controlling Board. Either the institution concerned, or 20,959
the Ohio Board of Regents with the concurrence of the institution 20,960
concerned, may initiate the request to the Director of Budget and 20,961
Management or the Controlling Board for the release of the 20,962
particular appropriations.
(A) None of the foregoing capital improvement 20,964
appropriations shall be released for planning or for renovation 20,966
or construction or acquisition of capital facilities if the 20,967
institution of higher education or the state does not own the 20,968
real property on which the capital facilities are or will be
located. This restriction does not apply in any of the following 20,969
circumstances:
(1) The institution has a long-term (at least fifteen 20,971
years) lease of, or other interest (such as an easement) in, the 20,972
real property.
(2) The Ohio Board of Regents certifies to the Controlling 20,974
Board that undue delay will occur if planning does not proceed 20,975
while the property or property interest acquisition process 20,976
continues. In this case, funds may be released upon approval of 20,977
the Controlling Board to pay for planning through the development 20,978
of schematic drawings only.
(3) If the appropriation for capital facilities for a 20,980
state-supported or state-assisted institution of higher education 20,981
that, because of its unique nature or location, will be owned or 20,982
will be part of facilities owned by a separate nonprofit 20,983
organization or public body and will be made available to the 20,984
institution of higher education for its use, the nonprofit
organization or public body either owns or has a long-term (at 20,985
least fifteen years) lease of the real property or other capital 20,986
facility to be improved, renovated, constructed, or acquired and 20,987
has entered into a joint or cooperative use agreement with the 20,988
institution of higher education that meets the requirements of 20,989
463
division (C) of this section.
(B) Any foregoing appropriations which require cooperation 20,991
between a technical college and a branch campus of a university 20,992
may be released by the Controlling Board upon recommendation by 20,993
the Ohio Board of Regents that the facilities proposed by the 20,994
institutions are:
(1) The result of a joint planning effort by the 20,996
university and the technical college, satisfactory to the Ohio 20,997
Board of Regents;
(2) Facilities that will meet the needs of the region in 20,999
terms of technical and general education, taking into 21,000
consideration the totality of facilities which will be available 21,001
after the completion of these projects;
(3) Planned to permit maximum joint use by the university 21,003
and technical college of the totality of facilities which will be 21,004
available after completion of these projects; 21,005
(4) To be located on or adjacent to the branch campus of 21,007
the university.
(C) The Ohio Board of Regents shall adopt rules regarding 21,009
the release of moneys from all the foregoing appropriations for 21,010
capital facilities for all state-supported or state-assisted 21,011
institutions of higher education. Such rules for the release of 21,013
moneys for capital facilities that, because of their unique 21,014
nature or location, will be owned or will be part of facilities
owned by a separate nonprofit organization or public body and 21,015
made available to the institution of higher education for its use 21,016
shall include, as a minimum, provisions that: 21,017
(1) Provide for a joint or cooperative use agreement, 21,019
specifying the extent and nature of that use, extending for no 21,020
fewer than fifteen years, to be approved by the Ohio Board of 21,021
Regents; the value of such use or right to use shall be, as 21,022
determined by the parties, reasonably related to the amount of
the appropriation; 21,023
(2) Provide for pro rata reimbursement to the state should 21,025
464
the arrangement for joint or cooperative use be terminated; 21,026
(3) Provide that procedures to be followed during the 21,028
capital improvement process will comply with appropriate 21,029
applicable state laws and rules, including provisions of this 21,030
act;
(4) Provide for payment or reimbursement to the 21,032
institution of its administrative costs incurred as a result of 21,033
the facilities project, not to exceed 1.5 per cent of the 21,034
appropriated amount.
(D) Upon the recommendation of the Ohio Board of Regents, 21,036
the Controlling Board may approve the transfer of appropriations 21,037
for projects requiring cooperation between institutions from one 21,038
institution to another institution with the approval of both 21,039
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, 21,041
the Controlling Board, upon the recommendation of the Ohio Board 21,043
of Regents, may transfer amounts appropriated to the Ohio Board 21,044
of Regents to accounts of state-supported or state-assisted 21,045
institutions created for that same purpose.
Section 22.52. The requirements of Chapters 123. and 153. 21,047
of the Revised Code, with respect to the powers and duties of the 21,049
Director of Administrative Services, and the requirements of 21,050
section 127.16 of the Revised Code, with respect to the
Controlling Board, shall not apply to projects of community 21,051
college districts and technical college districts. 21,052
Section 22.53. Those institutions locally administering 21,054
capital improvement projects pursuant to section 3345.50 of the 21,055
Revised Code may establish charges for recovering costs directly 21,056
related to project administration as defined by the Director of 21,057
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges 21,058
when such charges are in excess of 1.5 per cent of the total 21,059
construction budget.
Section 22.54. For those institutions that locally 21,061
465
administer capital improvement projects pursuant to section 21,062
3345.50 of the Revised Code, reimbursement may be made from state 21,063
capital appropriations to the institution for the in-house design 21,064
services performed by the institution for locally administered 21,065
capital projects. Acceptable charges shall be limited to design 21,066
document preparation work that is done by the institution. These
reimbursable design costs shall be shown as "A/E fees" within the 21,067
project's budget that is submitted to the Controlling Board or 21,068
the Director of Budget and Management as part of a request for 21,069
release of funds. The reimbursement for in-house design shall 21,070
not exceed seven per cent of the estimated construction cost. 21,071
Section 23. All items set forth in this section are hereby 21,073
appropriated out of any moneys in the state treasury to the 21,074
credit of the Parks and Recreation Improvement Fund (Fund 035) 21,075
created by division (F) of section 154.22 of the Revised Code, 21,076
derived from the proceeds of obligations heretofore and herein
authorized, to pay costs of capital facilities, as defined in 21,077
section 154.01 of the Revised Code, for parks and recreation. 21,078
Appropriations 21,080
DNR DEPARTMENT OF NATURAL RESOURCES 21,082
CAP-012 Land Acquisition $ 3,150,000 21,085
CAP-113 East Harbor State Park Shoreline 21,086
Stabilization $ 850,000 21,087
CAP-234 State Parks Campgrounds, Lodges, and 21,088
Cabins $ 8,725,000 21,089
CAP-718 Grand Lake St. Mary's State Park $ 150,000 21,091
CAP-748 Local Parks Projects $ 4,409,000 21,093
CAP-787 Scioto Riverfront Improvements $ 9,175,000 21,095
CAP-789 Great Miami Riverfront Improvements $ 2,000,000 21,097
CAP-821 State Park Dredging and Shoreline 21,098
Protection $ 300,000 21,099
CAP-836 State Park Renovations/Upgrading $ 50,000 21,101
CAP-876 Statewide Trails Program $ 3,175,000 21,103
CAP-910 Scioto Peninsula Property Acquisition $ 4,750,000 21,105
466
CAP-928 Statewide Accessibility Improvements $ 125,000 21,107
CAP-931 Statewide Wastewater/Water Systems 21,108
Upgrade $ 2,000,000 21,109
Total Department of Natural Resources $ 38,859,000 21,111
Total Parks and Recreation Improvement Fund $ 38,859,000 21,113
Federal Reimbursement 21,116
All reimbursements received from the federal government for 21,118
any expenditures made pursuant to this section shall be deposited 21,119
in the state treasury to the credit of the Parks and Recreation 21,120
Improvement Fund (Fund 035).
Local Parks Projects 21,122
Of the foregoing appropriation item CAP-748, Local Parks 21,123
Projects, $100,000 shall be used for the Darke County Park 21,125
District; $750,000 shall be used for Erie Metro Parks Land 21,126
Acquisition; $40,000 shall be used for Grove City Fryer Park
Improvements; $60,000 shall be used for Ritter Park Improvements; 21,127
$125,000 shall be used for Highland Community Park Improvements; 21,128
$12,500 shall be used for Big Prairie/Lakeville Park 21,129
Improvements; $25,000 shall be used for Holmes County Park 21,130
Improvements; $25,000 shall be used for Stockport Riverfront Park
Improvements; $50,000 shall be used for Silver Park Improvements; 21,131
$50,000 shall be used for New Philadelphia City Park 21,132
Improvements; $100,000 shall be used for Dover Park Improvements; 21,133
$40,000 shall be used for Newcomerstown Park Improvements; 21,134
$60,000 shall be used for Sugarcreek Park Improvements; $20,000
shall be used for Dodge Park Improvements; $20,000 shall be used 21,135
for Grandview Park Improvements; $6,500 shall be used for 21,136
Crossroads Park Improvements; $38,000 shall be used for Wauseon 21,137
Park Land Acquisition; $450,000 shall be used for Barberton Park 21,138
Improvements; $150,000 shall be used for Black Swamp Land 21,139
Acquisition; $50,000 shall be used for Felicity Park
Improvements; $50,000 shall be used for Cincinnati Whitewater 21,140
Canal Tunnel Park; $75,000 shall be used for the Walbridge Parks 21,141
Improvements; $50,000 shall be used for the Village of Richwood 21,142
467
Parks; $112,000 shall be used for the West Creek Preserve - City 21,144
of Parma; $100,000 shall be used by the West Creek Preservation 21,145
Committee for a West Creek Watershed Project; and $350,000 shall
be used for Stark County Parks. 21,147
Local Parks Projects - Riverfront Plaza 21,149
Of the foregoing appropriation item CAP-748, Local Parks 21,151
Projects, $1,000,000 shall be used for Riverfront Plaza in 21,152
Cincinnati. The Director of Natural Resources shall study and 21,153
determine whether it is feasible and suitable to include the 21,154
Riverfront Plaza in the state park system. 21,155
Statewide Trails Program 21,157
Of the foregoing appropriation item CAP-876, Statewide 21,159
Trails Program, $2,000,000 shall be used for the Ohio to Erie 21,160
Bike Trail in Greene County, Madison County, and Clark County; 21,161
$125,000 shall be used for the Bike Path Extension in Delaware 21,162
County; $150,000 shall be used for the Village Green Hillside 21,163
Bike/Hike Path in Butler County; $150,000 shall be used for the 21,164
Pleasant Run Creek Bike/Hike Path in Butler County; $500,000 21,165
shall be used for the Delhi Nature Trail in Hamilton County; 21,166
$50,000 shall be used for the New Richmond Bike Path; and $50,000 21,167
shall be used for the Lake to River Greenway Bike Path in
Trumbull County. 21,168
Scioto Riverfront Improvements 21,170
Of the foregoing appropriation item CAP-787, Scioto 21,172
Riverfront Improvements, $7,750,000 shall be used for Spring and 21,173
Long Park and $1,425,000 shall be used for Whittier peninsula 21,174
property acquisition and demolition.
State Park Renovations/Upgrading 21,176
Of the foregoing appropriation item CAP-836, State Park 21,178
Renovations/Upgrading, $50,000 shall be used for the Kennedy 21,179
Stone House Improvements in Salt Fork State Park. 21,180
Section 23.01. The foregoing capital improvements for 21,182
which appropriations are made from the Parks and Recreation 21,183
Improvement Fund (Fund 035) are determined to be capital 21,184
468
improvements and capital facilities for parks and recreation and
shall be designated as the capital facilities to which proceeds 21,185
of obligations in the Parks and Recreation Improvement Fund, 21,186
created by section 154.22 of the Revised Code, are to be applied. 21,187
Section 23.02. The Treasurer of State is hereby authorized 21,189
to issue and sell, in accordance with the provisions of Section 21,191
2i of Article VIII, Ohio Constitution, and Chapter 154. of the 21,192
Revised Code, particularly section 154.22 of the Revised Code, 21,193
original obligations in an aggregate principal amount not to 21,195
exceed $41,000,000 in addition to the original issuance of
obligations heretofore authorized by prior acts of the General 21,196
Assembly to pay the costs of capital facilities for parks and 21,197
recreation, the owners or holders of which obligations shall have 21,199
no right to have excises or taxes levied by the General Assembly 21,200
for the payment of principal or interest thereon.
Section 23.03. (A) No capital improvement appropriations 21,202
made in Section 23 of this act shall be released for planning or 21,203
for improvement, renovation, or construction or acquisition of 21,205
capital facilities if a governmental agency, as defined in
section 154.01 of the Revised Code, does not own the real 21,206
property that constitutes the capital facilities or on which the 21,207
capital facilities are or will be located. This restriction does 21,208
not apply in any of the following circumstances: 21,209
(1) The governmental agency has a long-term (at least 21,211
fifteen years) lease of, or other interest (such as an easement) 21,212
in, the real property;
(2) In the case of an appropriation for capital facilities 21,214
for parks and recreation that, because of their unique nature or 21,215
location, will be owned or be part of facilities owned by a 21,216
separate nonprofit organization and made available to the 21,217
governmental agency for its use or operated by the nonprofit
organization under contract with the governmental agency, the 21,218
nonprofit organization either owns or has a long-term (at least 21,219
fifteen years) lease of the real property or other capital 21,220
469
facility to be improved, renovated, constructed, or acquired and 21,221
has entered into a joint or cooperative use agreement, approved 21,222
by the Department of Natural Resources, with the governmental 21,223
agency for that agency's use of and right to use the capital
facilities to be financed and, if applicable, improved, the value 21,224
of such use or right to use being, as determined by the parties, 21,225
reasonably related to the amount of the appropriation. 21,226
(B) In the case of capital facilities referred to in 21,228
division (A)(2) of this section, the joint or cooperative use 21,229
agreement shall include, as a minimum, provisions that: 21,230
(1) Specify the extent and nature of that joint or 21,232
cooperative use, extending for no fewer than fifteen years, with 21,233
the value of such use or right to use to be, as determined by the 21,234
parties and approved by the approving department, reasonably 21,235
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should 21,237
the arrangement for joint or cooperative use by a governmental 21,238
agency be terminated; and
(3) Provide that procedures to be followed during the 21,240
capital improvement process will comply with appropriate 21,241
applicable state laws and rules, including provisions of this 21,242
act.
Section 24. Coal Research and Development Bonds 21,244
The Ohio Public Facilities Commission, upon the request of 21,246
the Director of the Ohio Coal Development Office with the advice 21,247
of the Technical Advisory Committee created in section 1551.35 of 21,248
the Revised Code and the approval of the Director of Development, 21,249
is hereby authorized to issue and sell, in accordance with 21,250
Section 15 of Article VIII, Ohio Constitution, and Chapter 151., 21,251
and particularly sections 151.01 and 151.07 and other applicable 21,253
sections of the Revised Code, bonds or other obligations of the
State of Ohio heretofore authorized by prior acts of the General 21,254
Assembly. The obligations shall be dated, issued, and sold from 21,255
time to time in such amounts as may be necessary to provide 21,256
470
sufficient moneys to the credit of the Coal Research and 21,257
Development Fund created in section 1555.15 of the Revised Code 21,258
to pay costs charged to such fund when due as estimated by the 21,259
Director of the Ohio Coal Development Office. 21,260
Section 25. Each request for release of appropriations for 21,262
any and all capital improvements and capital facilities for which 21,263
appropriations are made in this act from the proceeds of 21,264
obligations in the Sports Facilities Building Fund (Fund 024), 21,265
the Administrative Building Fund (Fund 026), the Adult 21,266
Correctional Building Fund (Fund 027), the Juvenile Correctional 21,267
Building Fund (Fund 028), the Arts Facilities Building Fund (Fund 21,268
030), the Natural Resources Projects Fund (Fund 031), the School 21,269
Building Program Assistance Fund (Fund 032), the Mental Health 21,270
Facilities Improvement Fund (Fund 033), the Higher Education
Improvement Fund (Fund 034), and the Parks and Recreation 21,271
Improvements Fund (Fund 035) shall have the certification of the 21,273
Director of Budget and Management that sufficient General Revenue 21,274
Fund moneys are appropriated for and will be available for rental 21,275
payments to the Ohio Public Facilities Commission, the Treasurer 21,276
of State, and the Ohio Building Authority in the then-current 21,278
fiscal biennium relating to obligations or portions of 21,279
obligations issued or to be issued in that fiscal biennium to
fund, in the then-current fiscal biennium, anticipated 21,280
expenditures from these funds associated with the request. This 21,281
requirement is in addition to other requirements under this act 21,282
and the Revised Code. 21,283
Section 26. No money shall be encumbered for any capital 21,285
improvements and capital facilities for which appropriations are 21,286
made in excess of the cash balances from the proceeds of 21,287
obligations in the Highway Safety Building Fund (Fund 025) unless 21,288
the Director of Budget and Management certifies that sufficient 21,289
Highway Safety Fund moneys are appropriated for and will be 21,290
available for rental payments to the Ohio Building Authority for 21,291
debt service payments by the state in the then-current fiscal 21,292
471
biennium relating to obligations or portions of obligations 21,293
issued or to be issued in that fiscal biennium to fund, in the 21,294
then-current fiscal biennium, anticipated expenditures from these 21,295
funds associated with related encumbrances. This requirement is 21,296
in addition to other requirements under this act and the Revised 21,297
Code. 21,298
Section 27. Certification of Availability of Moneys 21,300
No moneys that require release shall be expended from any 21,302
appropriation contained in this act without certification of the 21,304
Director of Budget and Management that there are sufficient 21,305
moneys in the state treasury in the fund from which the
appropriation is made. Such certification made by the Office of 21,306
Budget and Management shall be based on estimates of revenue, 21,307
receipts, and expenses. Nothing herein shall be construed as a 21,308
limitation on the authority of the Director of Budget and 21,309
Management as granted in section 126.08 of the Revised Code. 21,310
Section 28. The appropriations made in this act for 21,313
buildings or structures, including remodeling and renovations,
are limited to: 21,314
(A) Acquisition of real property; 21,316
(B) Buildings and structures, which includes construction, 21,318
demolition, complete heating, lighting, and lighting fixtures, 21,319
and all necessary utilities, ventilating, plumbing, sprinkling, 21,320
and sewer systems, when such systems are authorized or necessary; 21,321
(C) Architectural, engineering, and professional services 21,323
expenses directly related to the projects; 21,324
(D) Machinery that is a part of structures at the time of 21,326
initial acquisition or construction; 21,327
(E) Equipment that meets all the following criteria: 21,329
(1) The equipment is essential in bringing the facility up 21,331
to its intended use. 21,332
(2) The unit cost of the equipment, and not the individual 21,334
parts of a unit, is at least approximately $100. 21,335
(3) The equipment has a useful life of five years or more. 21,337
472
(4) The equipment is necessary for the functioning of a 21,339
particular facility. 21,340
(5) The equipment will be used primarily in the rooms or 21,342
areas covered in the project. 21,343
No equipment shall be purchased that is not an integral 21,345
part of or directly related to the basic purpose or function of a 21,346
project for which moneys are appropriated, including, but not 21,347
limited to, motor vehicles, adding machines, calculators, 21,348
dictating machines, computers and computer peripherals, 21,349
typewriters, word processors, or other items which are used for 21,350
normal supplies and maintenance.
Section 29. Any request for release of capital 21,352
appropriations by the Director of Budget and Management or the 21,353
Controlling Board of capital appropriations for projects, the 21,354
contracts for which are awarded by the Department of 21,355
Administrative Services, as authorized by law, shall contain a 21,356
contingency reserve, the amount of which is to be determined by 21,357
the Department of Administrative Services, for payment of
unanticipated project expenses. Any amount deducted from the 21,358
encumbrance for a contractor's contract as an assessment for 21,359
liquidated damages shall be added to the encumbrance for the 21,360
contingency reserve. Contingency reserve funds shall be used to 21,361
pay costs resulting from unanticipated job conditions, to comply 21,362
with rulings regarding building and other codes, to pay costs 21,363
related to errors or omissions in contract documents, and to pay 21,364
the cost of settlements and judgments related to the project. 21,365
Upon completion of a project, should any funds remain, such 21,367
remaining funds may, upon approval of the Controlling Board, be 21,368
released for the use of the institution to which the 21,369
appropriation was made for another capital facilities project or 21,370
projects. 21,371
Section 30. Agency Administration of Capital Facilities 21,373
Projects
Notwithstanding sections 123.01 and 123.15 of the Revised 21,376
473
Code, the Director of Administrative Services may authorize the
Departments of Mental Health, Mental Retardation and 21,377
Developmental Disabilities, Alcohol and Drug Addiction Services, 21,378
Agriculture, Rehabilitation and Correction, Youth Services, 21,379
Public Safety, Transportation, the Bureau of Employment Services, 21,381
and the Rehabilitation Services Commission to administer any 21,382
capital facilities projects when the estimated cost, including
design fees, construction, equipment, and contingency amounts, is 21,383
less than $1,500,000. Within sixty days after the effective date 21,384
of the section of the act in which the General Assembly initially 21,386
makes an appropriation for the project, the director of the 21,387
respective state agency shall notify the Department of
Administrative Services in writing of its intent to administer a 21,388
project. 21,389
The director of a state agency authorized by the Director 21,391
of Administrative Services to administer capital facilities 21,393
projects pursuant to this section shall comply with the
procedures and guidelines established in Chapter 153. of the 21,394
Revised Code. Upon the release of funds for such projects by the 21,396
Controlling Board or the Director of Budget and Management, the 21,397
agency may administer the capital project or projects for which 21,398
agency administration has been authorized without the 21,400
supervision, control, or approval of the Director of
Administrative Services as specified in those sections. 21,401
Section 31. Satisfaction of Judgments and Settlements 21,403
Against the State 21,404
Except as otherwise provided in this section, an 21,406
appropriation contained in this act or any other act may be used 21,407
for the purpose of satisfying judgments, settlements, or 21,408
administrative awards ordered or approved by the Court of Claims 21,409
or by any other court of competent jurisdiction in connection 21,410
with civil actions against the state. This authorization shall 21,411
not apply to appropriations to be applied to or used for payment 21,412
of guarantees by or on behalf of the state, for or relating to 21,413
474
lease payments of debt service on bonds, notes, or similar 21,414
obligations. Notwithstanding any other section of law to the 21,415
contrary, this authorization applies to appropriations from the 21,416
following funds only to the extent that the judgment, settlement, 21,417
or administrative award is for or represents capital costs for 21,418
which the appropriation may otherwise be used and is consistent 21,419
with the purpose for which any related obligations were issued: 21,420
the Sports Facilities Building Fund (Fund 024), the Highway 21,421
Safety Building Fund (Fund 025), the Administrative Building Fund 21,422
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 21,423
Juvenile Correctional Building Fund (Fund 028), the 21,424
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 21,425
(Fund 031), the School Building Program Assistance Fund (Fund 21,426
032), the Mental Health Facilities Improvement Fund (Fund 033), 21,427
the Higher Education Improvement Fund (Fund 034), the Parks and 21,428
Recreation Improvement Fund (Fund 035), the State Capital 21,429
Improvements Fund (Fund 038), the Highway Capital Improvement 21,430
Fund (Fund 042), the Coal Research/Development Fund (Fund 046), 21,431
and any other fund into which proceeds of obligations are 21,432
deposited. Nothing contained in this section is intended to 21,433
subject the state to suit in any forum in which it is not 21,434
otherwise subject to suit, nor is it intended to waive or 21,435
compromise any defense or right available to the state in any 21,436
suit against it.
Section 32. Notwithstanding section 126.14 of the Revised 21,438
Code, appropriations for appropriation items CAP-002, Local 21,439
Jails, and CAP-003, Community-Based Correctional Facilities, 21,440
appropriated from the Adult Correctional Building Fund (Fund 027) 21,441
to the Department of Rehabilitation and Correction shall be 21,442
released upon the written approval of the Director of Budget and 21,443
Management and the appropriations from the Public School Building 21,445
Fund (Fund 021) and the School Building Program Assistance Fund 21,447
(Fund 032) to the School Facilities Commission shall be released 21,448
475
upon presentation of a request to release the funds, by the 21,449
agency to which the appropriation has been made, to the Director 21,450
of Budget and Management.
Section 33. Except as provided in section 4115.04 of the 21,452
Revised Code, no moneys appropriated or reappropriated by the 21,454
123rd General Assembly shall be used for the construction of
public improvements, as defined in section 4115.03 of the Revised 21,455
Code, unless the mechanics, laborers, or workers engaged therein 21,456
are paid the prevailing rate of wages as prescribed in section 21,457
4115.04 of the Revised Code. Nothing in this section shall 21,458
affect the wages and salaries established for state employees 21,459
under the provisions of Chapter 124. of the Revised Code, or 21,460
collective bargaining agreements entered into by the state 21,461
pursuant to Chapter 4117. of the Revised Code, while engaged on 21,462
force account work, nor shall this section interfere with the use 21,463
of inmate and patient labor by the state. 21,464
Section 34. Capital Facilities Leases 21,466
Capital facilities for which appropriations are made from 21,469
the Sports Facilities Building Fund (Fund 024), the
Administrative Building Fund (Fund 026), the Adult Correctional 21,471
Building Fund (Fund 027), the Juvenile Correctional Building Fund 21,472
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may 21,473
be leased by the Ohio Building Authority to the Department of 21,474
Youth Services, the Arts and Sports Facilities Commission, the 21,475
Department of Administrative Services, and the Department of 21,476
Rehabilitation and Correction and other agreements may be made by 21,477
the Ohio Building Authority and the departments with respect to 21,478
the use or purchase of such capital facilities or, subject to the 21,479
approval of the director of the department, or the commission, 21,480
the Ohio Building Authority may lease such capital facilities to, 21,481
and make other agreements with respect to the use or purchase 21,482
thereof with, any governmental agency or nonprofit corporation
having authority under law to own, lease, or operate such capital 21,483
facilities. The director of the department or the commission may 21,485
476
sublease such capital facilities to, and make other agreements 21,486
with respect to the use or purchase thereof with, any such 21,487
governmental agency or nonprofit corporation, which may include 21,488
provisions for transmittal of receipts of that agency or 21,489
nonprofit corporation of any charges for the use of such 21,490
facilities, all upon such terms and conditions as the parties may 21,491
agree upon and any other provision of law affecting the leasing, 21,492
acquisition, or disposition of capital facilities by such 21,493
parties.
Section 35. The Director of Budget and Management shall 21,495
authorize both of the following: 21,496
(A) The initial release of moneys for projects from the 21,498
Sports Facilities Building Fund (Fund 024), the Highway Safety 21,499
Building Fund (Fund 025), the Administrative Building Fund (Fund 21,500
026), the Adult Correctional Building Fund (Fund 027), the 21,501
Juvenile Correctional Building Fund (Fund 028), the Arts 21,502
Facilities Building Fund (Fund 030), the Natural Resources 21,503
Projects Fund (Fund 031), the School Building Program Assistance 21,504
Fund (Fund 032), the Mental Health Facilities Improvement Fund 21,505
(Fund 033), the Higher Education Improvement Fund (Fund 034), and 21,506
the Parks and Recreation Fund (Fund 035);
(B) The expenditure or encumbrance of moneys from any 21,509
other fund into which proceeds of obligations are deposited, only 21,510
after determining to the director's satisfaction that either of 21,511
the following has occurred: 21,512
(1) The application of such moneys to the particular 21,515
project will not negatively affect any exemption or exclusion of 21,516
the interest on obligations, issued to provide moneys to the 21,517
particular fund, from federal income tax under federal law and 21,518
regulations at the time in effect or pending with retroactive 21,519
effect;
(2) Moneys for the project will come from the proceeds of 21,522
obligations the interest on which is not so excluded or exempt 21,523
and which have been authorized as "taxable obligations" by the 21,524
477
issuing authority. The director shall report any nonrelease of 21,525
moneys pursuant to this section to the Governor, the presiding 21,526
officer of each house of the General Assembly, and the agency for 21,527
the use of which the project is intended. 21,528
Section 36. No appropriation for a health care facility 21,530
authorized under this act may be released until the requirements 21,531
of sections 3702.51 to 3702.68 of the Revised Code have been met. 21,532
Section 37. All proceeds received by the state as a result 21,534
of litigation, judgments, settlements, or claims, filed by or on 21,535
behalf of any state agency as defined by section 1.60 of the 21,536
Revised Code or state-supported or state-assisted institution of 21,537
higher education, for damages or costs resulting from the use, 21,538
removal, or hazard abatement of asbestos materials shall be 21,539
deposited in the Asbestos Abatement Distribution Fund. All funds 21,540
deposited into the Asbestos Abatement Distribution Fund (Fund 21,541
674) are hereby appropriated to the Attorney General. To the 21,542
extent practicable, the proceeds placed in the Asbestos Abatement 21,543
Distribution Fund shall be divided among the state agencies and 21,544
state-supported or state-assisted institutions of higher 21,545
education in accordance with the general provisions of the 21,546
bankruptcy orders, settlement agreements, or judgments in the 21,547
litigation regarding the percentage of recovery. Distribution 21,548
of the proceeds to each state agency or state-supported or 21,549
state-assisted institution of higher education shall be made in 21,550
accordance with the Asbestos Abatement Distribution Plan to be 21,551
developed by the Attorney General, the Division of Public Works 21,552
within the Department of Administrative Services, and the Office 21,553
of Budget and Management. 21,554
In those circumstances where asbestos litigation proceeds 21,556
are for reimbursement of expenditures made with funds outside the 21,557
state treasury or damages to buildings not constructed with state 21,558
appropriations, direct payments shall be made to the affected 21,559
institutions of higher education. Any proceeds received for 21,560
reimbursement of expenditures made with funds within the state 21,561
478
treasury or damages to buildings occupied by state agencies shall 21,562
be distributed to the affected agencies with an intrastate 21,563
transfer voucher to the funds identified in the Asbestos 21,564
Abatement Distribution Plan. 21,565
Such proceeds shall be used for additional asbestos 21,567
abatement or encapsulation projects, or for other capital 21,568
improvements except that proceeds distributed to the General 21,569
Revenue Fund and other funds that are not bond improvement funds 21,570
may be used for any purpose. The Controlling Board may, for bond 21,571
improvement funds, create appropriation items or increase 21,572
appropriation authority in existing appropriation items equaling 21,573
the amount of such proceeds. Such amounts approved by the 21,574
Controlling Board are hereby appropriated. Such proceeds 21,575
deposited in bond improvement funds shall not be expended until 21,576
released by the Controlling Board, which shall require 21,577
certification by the Director of Budget and Management that such 21,578
proceeds are sufficient and available to fund the additional 21,579
anticipated expenditures. 21,580
Section 38. No investment income earned on the Sports 21,582
Facilities Building Fund (Fund 024), the Highway Safety Building 21,583
Fund (Fund 025), the Administrative Building Fund (Fund 026), the 21,584
Adult Correctional Building Fund (Fund 027), the Juvenile 21,585
Correctional Building Fund (Fund 028), the Transportation
Building Fund (Fund 029), the Arts Facilities Building Fund (Fund 21,587
030), the Natural Resources Projects Fund (Fund 031), the School 21,589
Building Program Assistance Fund (Fund 032), the Mental Health 21,590
Facilities Improvement Fund (Fund 033), the Higher Education 21,591
Improvement Fund (Fund 034), the Parks and Recreation Fund (Fund
035), the State Capital Improvement Fund (Fund 038), the Highway 21,592
Obligation Fund (Fund 041), the Coal Research/Development Fund 21,593
(Fund 046), and any other state fund into which proceeds of 21,594
obligations are deposited shall be encumbered or spent from those 21,596
funds until a certificate is provided by the issuer of the 21,597
obligations or the Treasurer of State pursuant to division (R) of 21,598
479
section 151.01 of the Revised Code which certifies to the
Director of Budget and Management that there are sufficient 21,599
moneys available from the investment income or from other sources 21,600
to make any required payments to the federal government 21,601
contemplated by the applicable bond proceedings. The Director of 21,602
Budget and Management may authorize the investment income in 21,604
excess of those requirements to be encumbered or spent from those 21,605
funds. This requirement is in addition to any other requirement 21,606
under this act, the Revised Code, or the applicable bond or note 21,607
proceedings.
Section 39. The capital improvements for which 21,609
appropriations are made in this act from the Sports Facilities 21,610
Building Fund (Fund 024), the Highway Safety Building Fund (Fund 21,611
025), the Administrative Building Fund (Fund 026), the Adult 21,613
Correctional Building Fund (Fund 027), the Juvenile Correctional 21,614
Building Fund (Fund 028), the Arts Facilities Building Fund (Fund 21,616
030), and the School Building Program Assistance Fund (Fund 032) 21,617
are determined to be capital improvements and capital facilities 21,618
for housing state agencies and branches of state government and 21,619
are designated as capital facilities to which proceeds of 21,620
obligations issued under Chapter 152. of the Revised Code are to 21,621
be applied.
Section 40. Determining "Aggregate Principal Amount" 21,623
In determining "aggregate principal amount" for purposes of 21,625
sections of this act authorizing the issuance of obligations, and 21,626
the sections of prior acts referred to in those sections, the 21,627
principal amount of a "capital appreciation bond" as defined in 21,628
division (C) of section 3334.01 of the Revised Code means its 21,629
face amount, and of a "zero coupon bond" as defined in division 21,630
(K) of section 3334.01 of the Revised Code means the discounted 21,631
offering price at which the bond is initially sold to the public, 21,632
disregarding any purchase price discount to the original 21,633
purchaser if provided for pursuant to the authorizing law of the 21,634
Revised Code.
480
Section 41. Public School Building Fund 21,636
The Controlling Board, when requested to do so by the 21,638
Executive Director of the Ohio School Facilities Commission, may 21,639
increase appropriations in the Public School Building Fund (Fund 21,640
021), based on revenues received by the fund, including cash 21,641
transfers and interest that may accrue to the fund. 21,642
Section 41.01. GRF Transfers to the Public School Building 21,644
Fund
Within thirty days after the beginning of fiscal year 2001, 21,646
the Director of Budget and Management shall transfer $120,000,000 21,647
from the General Revenue Fund to the Public School Building Fund 21,648
(Fund 021). 21,649
Section 41.02. Emergency School Building Repair Program 21,651
The Executive Director of the Ohio School Facilities 21,653
Commission shall certify to the Director of Budget and Management 21,654
the amount to be transferred from the unencumbered and unallotted 21,655
balance in appropriation item CAP-774, Emergency School Building 21,656
Repair Program, to appropriation item CAP-622, Public School 21,657
Buildings. The amount transferred from appropriation item 21,658
CAP-774, Emergency School Building Repair Program, to 21,659
appropriation item CAP-622, Public School Buildings, shall be 21,660
used to fund classroom facilities improvements in accordance with 21,661
Chapter 3318. of the Revised Code. 21,662
The Executive Director of the Ohio School Facilities 21,664
Commission shall certify to the Director of Budget and Management 21,665
the amount to be transferred from the unencumbered and unallotted 21,666
balance in appropriation item CAP-776, Emergency School Building 21,667
Repair Program, to appropriation item CAP-770, School Building 21,668
Program Assistance. The amount transferred from appropriation 21,669
item CAP-774, Emergency School Building Repair Program, to 21,670
appropriation item CAP-770, School Building Program Assistance, 21,671
shall be used to fund classroom facilities improvements in 21,672
accordance with Chapter 3318. of the Revised Code. 21,673
Section 42. Transfer of Inactive Department of Education 21,675
481
Funds to the General Revenue Fund 21,676
Not later than July 31, 2000, the Director of Budget and 21,678
Management shall transfer any unexpended cash balances as of June 21,679
30, 2000, in the Federal Drivers Education Project (Fund 372); 21,680
Pupil Transportation Safety Projects (Fund 373); Supplemental 21,681
School Assistance (Fund 4Y5); School District 1987 Reimbursement 21,682
(Fund 4Z4); and Textbooks/Instructional Materials (Fund 5F8) to 21,683
the General Revenue Fund. 21,684
Section 43. Coit Road Litigation 21,686
Any proceeds received by the State of Ohio as a result of 21,688
litigation, a settlement agreement, or a contribution from a 21,689
potentially responsible prior owner or operator of the Coit Road 21,690
site in Cuyahoga County which is related to hazardous waste 21,691
clean-up of the site, shall be deposited into the Adult 21,692
Correctional Building Fund (Fund 027). 21,693
Solely for the purpose of continuing to make rental 21,695
payments under bond proceedings pursuant to Chapter 152. of the 21,696
Revised Code, the Coit Road site shall be considered to be under 21,697
the jurisdiction of the Department of Rehabilitation and 21,698
Correction. After the term of the lease agreement between the 21,699
Department of Rehabilitation and Correction and the Ohio Building 21,700
Authority for the facility ends, jurisdiction shall be 21,701
transferred to the Department of Administrative Services. 21,702
Section 43.01. Any proceeds received by the State of Ohio, 21,704
as the result of litigation or a settlement agreement related to 21,705
any liability for the planning, design, engineering, 21,706
construction, or constructed management of such facilities 21,707
operated by the Department of Administrative Services, except for 21,708
the Coit Road site, shall be deposited into the Administrative 21,709
Building Fund (Fund 026). 21,710
Section 44. Commitments by the School Facilities 21,712
Commission
The Ohio School Facilities Commission shall not commit at 21,714
least $231,000,000 of the amount appropriated from the Education 21,715
482
Facilities Trust Fund (Fund J87) in Section 8 of Am. Sub. S. B. 21,716
192 of the 123rd General Assembly until after June 30, 2001. 21,717
Section 45. Exemption from the Per Cent for Arts Program 21,719
Notwithstanding the determinations made by the Director of 21,721
Budget and Management in accordance with division (D)(3) of 21,722
section 3379.10 of the Revised Code regarding the capital 21,723
appropriations in Am. Sub. H.B. 850 of the 122nd General Assembly 21,724
that are subject to the Per Cent for Arts Program, the
appropriations from the Higher Education Improvement Fund (Fund 21,726
034) made to the University of Cincinnati CAP-204, Center for 21,727
Health Related Programs, and to Wright State University CAP-075, 21,728
Aviation Heritage National Historic Park, shall be excluded from 21,729
the Per Cent for Arts Program and any amounts designated by the 21,730
Director of Budget and Management for the Per Cent for Arts 21,732
Program are hereby undesignated.
Section 46. Upon the request of the agency to which a 21,734
capital project appropriation item is appropriated, the Director 21,735
of Budget and Management may transfer open encumbrance amounts 21,736
between separate encumbrances for the project appropriation item 21,737
to the extent that any reductions in encumbrances are agreed to 21,738
by the contracting vendor and the agency. 21,739
Section 47. School Facilities Encumbrances and 21,741
Reappropriation
At the request of the Executive Director of the Ohio School 21,743
Facilities Commission, the Director of Budget and Management may 21,744
cancel encumbrances for school district projects from a previous 21,745
biennium if the district has not raised its local share of 21,746
project costs within one year of receiving Controlling Board 21,747
approval in accordance with section 3318.05 of the Revised Code. 21,748
The Executive Director of the Ohio School Facilities Commission 21,749
shall certify the amounts of these canceled encumbrances to the 21,750
Director of Budget and Management on a quarterly basis. The 21,751
amounts of the canceled encumbrances are hereby appropriated. 21,752
Section 48. Reappropriation of Unexpended Encumbered 21,754
483
Balances of Capital Appropriations 21,755
(A) An unexpended balance of a capital appropriation or 21,757
reappropriation that a state agency has lawfully encumbered prior 21,759
to the close of a capital biennium is hereby reappropriated for 21,760
the following capital biennium from the fund from which it was 21,761
originally appropriated or was reappropriated and shall be used
only for the purpose of discharging the encumbrance in the 21,762
following capital biennium. For those encumbered appropriations 21,763
or reappropriations, any Controlling Board approval previously 21,764
granted and referenced by the encumbering document remains in 21,765
effect until the encumbrance is discharged in the following
capital biennium or until the encumbrance expires at the end of 21,766
the following capital biennium. 21,767
(B) At the end of the reappropriation period provided for 21,769
by division (A) of this section, an unexpended balance of a 21,770
capital appropriation or reappropriation that remains encumbered 21,771
at the end of that period is hereby reappropriated for the next 21,772
capital biennium from the fund from which it was originally 21,773
appropriated or was reappropriated and shall be used only for the
purpose of discharging the encumbrance in the next capital 21,774
biennium. For those encumbered appropriations or 21,775
reappropriations, any Controlling Board approval previously 21,776
granted and referenced by the encumbering document remains in 21,777
effect until the encumbrance is discharged in the next capital
biennium or until the encumbrance expires at the end of the next 21,778
capital biennium.
(C) At the end of the reappropriation period provided for 21,780
by division (B) of this section, a reappropriation made pursuant 21,781
to division (B) of this section shall lapse, and the encumbrance 21,782
shall expire.
(D) If an encumbrance expired pursuant to division (C) of 21,784
this section, the Director of Budget and Management may 21,785
re-establish the encumbrance as provided in this division. If a 21,786
reappropriation for a project is made by the General Assembly for 21,787
484
the biennium immediately following the biennium in which an
encumbrance for that project expired, the Director of Budget and 21,788
Management may re-establish the encumbrance in an amount not to 21,789
exceed the amount of the expired encumbrance; in the name of the 21,790
contractor named in the expired encumbrance; and for the same 21,791
purpose specified in the expired encumbrance. The encumbrance 21,792
shall be charged against the reappropriation for the project.
The amount re-encumbered shall be used only for the purpose of 21,793
discharging the encumbrance in the capital biennium for which the 21,794
reappropriation was made. For those re-encumbered 21,795
reappropriations, any Controlling Board approval previously 21,796
granted and referenced by the expired encumbering document
remains in effect until the encumbrance is discharged or expires 21,797
at the end of the capital biennium for which the reappropriation 21,798
was made. If any portion of the amount re-encumbered by the 21,799
Director of Budget and Management under this division is not 21,800
expended prior to the close of the capital biennium for which the 21,801
reappropriation was made, that amount is hereby reappropriated
for the following capital biennium as provided for in division 21,802
(A) of this section and subject to the provisions of division (A) 21,803
of this section.
Section 49. That Section 54 of Sub. S.B. 245 of the 123rd 21,805
General Assembly is hereby repealed. 21,806
Section 50. State Infrastructure Bank 21,808
Within fifteen days of the beginning of fiscal year 2001, 21,810
the Director of Budget and Management shall transfer $10,000,000 21,811
from the General Revenue Fund to the State Infrastructure Bank 21,812
Fund (Fund 212) created in section 5531.09 of the Revised Code. 21,813
Section 51. Auditor of State General Revenue Fund Transfer 21,815
Within thirty days of the effective date of this section, 21,817
the Director of Budget and Management shall transfer $645,000 21,818
from the General Revenue Fund to the Public Audit Expense - Local 21,819
Government Fund (Fund 422) in the office of the Auditor of State. 21,820
Of this amount, $45,000 shall be used to provide
485
accounting-related expenses and special audit services for the 21,821
Village of Attica. The remaining $600,000 shall be used to fund 21,822
performance audits of each of the twenty-one urban school 21,823
districts defined in section 3317.02 of the Revised Code and 21,824
completed by the Auditor of State in accordance with Section 21,825
50.04 of Am. Sub. H.B. 215 of the 122nd General Assembly.
Additional appropriation authority equal to the amount 21,826
transferred is hereby appropriated to appropriation item 070-601, 21,827
Public Audit Expense - Local Government, in fiscal year 2001. 21,828
Section 52. (A)(1) On the effective date of this section, 21,830
as provided in sections 151.01, 151.05, and 151.07 of the Revised 21,831
Code as enacted by this act, and in other sections of the Revised 21,833
Code amended or repealed by this act, and as further provided for 21,834
in this section, the Ohio Public Facilities Commission (referred 21,835
to in this section as the "Commission") shall supersede and 21,836
replace the Commissioners of the Sinking Fund (referred to in
this section as the "Sinking Fund") in all matters relating to 21,837
the state's general obligation financing of capital facilities or 21,838
projects for coal research and development and for parks and 21,839
natural resources (referred to in this section as "permitted 21,840
capital purposes") as provided for in Chapters 1555. and 1557. of 21,842
the Revised Code (referred to in this section as "superseded 21,843
matters"), and as to those superseded matters and permitted 21,844
capital purposes the Commission shall:
(a) Succeed to and have and perform all the duties, 21,846
powers, obligations, and functions of the Sinking Fund and its 21,847
officers provided for in the Revised Code and any other law or 21,848
rule, including the issuance of bonds, notes, or other 21,849
obligations (all referred to collectively in this section as 21,850
"financing obligations") for the purpose of paying costs of 21,851
permitted capital purposes; 21,852
(b) Succeed to and have and perform all the duties, 21,854
powers, obligations, and functions and have all the rights of the 21,855
Sinking Fund and its officers provided for in or pursuant to 21,856
486
resolutions, rules, and agreements (all referred to collectively 21,857
in this section as "basic instruments"), and financing 21,858
obligations, previously authorized, entered into, or issued by 21,859
the Sinking Fund;
(c) Be bound by all agreements and covenants of the 21,861
Sinking Fund, and basic instruments and financing obligations. 21,862
(2) The transfer of the superseded matters to the 21,864
Commission pursuant to this section does not affect the validity 21,865
of any agreement or covenant, basic instruments, or financing 21,866
obligations, or related documents, authorized, entered into, or 21,867
issued by the Sinking Fund under law, and nothing in this section 21,868
shall be applied or considered as impairing the obligations or 21,869
rights under them. 21,870
(B) As to proceedings relating to superseded matters 21,872
affected by this act: 21,873
(1) This act applies to any proceedings commenced after 21,875
the effective date of this section, and to any proceedings that 21,876
on that effective date are pending, in progress, or completed, 21,878
notwithstanding the applicable law previously in effect or any 21,879
provision to the contrary in a prior basic instrument, notice, or 21,880
other proceeding.
(2) Any pending proceedings of the Sinking Fund on the 21,882
effective date of this section shall be pursued and completed by 21,883
and in the name of the Commission, and financing obligations 21,884
sold, issued, and delivered pursuant to those proceedings shall 21,885
be deemed to have been authorized, sold, issued, and delivered in 21,886
conformity with this section. 21,887
(3) Notwithstanding divisions (B)(1) and (2) of this 21,889
section, the Sinking Fund may, subsequent to the effective date 21,890
of this section but not later than June 30, 2001, meet for the 21,891
purpose of winding up the affairs of the Sinking Fund and to 21,892
better accomplish transfers relating to the superseded matters. 21,893
At any such meeting the Sinking Fund may take necessary or 21,894
appropriate actions to effect an orderly transition of its 21,895
487
affairs and may enter into such agreements or assignments or give 21,896
such approvals as are then pending before it, and those actions 21,897
are valid and enforceable against the Commission as successor as 21,898
if taken by the Sinking Fund prior to that effective date. 21,899
(C) The Commission shall prepare any necessary amendments 21,901
of or supplements to documents or basic instruments pertaining to 21,902
the duties, powers, obligations, functions, and rights relating 21,903
to superseded matters to which the Commission succeeds pursuant 21,904
to this section. The authorization by the Sinking Fund in basic 21,905
instruments for its officers to act in any manner on behalf of 21,906
the Sinking Fund shall on and after the effective date of this 21,907
section be authorization for the Commission, or its members or 21,908
officers to whom it may delegate the function, to act in the 21,909
circumstances, without necessity for amendment of or supplement 21,910
to any such documents or basic instruments. 21,911
(D) No pending judicial or administrative action or 21,913
proceeding in which the Sinking Fund, or its members or officers 21,914
as such, are a party and which pertains to those superseded 21,915
matters shall be affected by their transfer, but shall be 21,916
prosecuted or defended in the name of the Commission and in any 21,917
such action or proceeding the Commission, upon application to the 21,918
court, shall be substituted as a party. 21,919
(E) In connection with the duties, powers, obligations, 21,921
functions, and rights relating to superseded matters and provided 21,922
for in this section, on the effective date of this section: 21,923
(1) All basic instruments, documents, books, papers, and 21,925
records of the Sinking Fund shall be transferred to the 21,926
Commission upon request, all without necessity for assignment, 21,927
conveyance, or other action by the Sinking Fund. Any property or 21,928
property interest in the name of the Sinking Fund on real estate 21,929
records shall be deemed to be in the name of the Commission 21,930
without necessity for further filings for the purposes on the 21,931
real estate records or on Uniform Commercial Code records. 21,932
(2) All appropriations made to or for the Sinking Fund for 21,935
488
the purposes of the performance of the duties, powers, 21,936
obligations, and functions and exercise of rights relating to 21,937
superseded matters, to the extent of remaining unexpended or 21,938
unencumbered balances, are hereby made available for use and 21,939
expenditure by the Commission for performing the same duties, 21,940
powers, obligations, and functions and exercising the same rights 21,941
for which originally appropriated, and payments for 21,942
administrative expenses previously incurred in connection with 21,943
them shall be made from the applicable appropriations or funds on 21,944
vouchers approved by the Commission. 21,945
(3) The respective bond service funds created in sections 21,947
151.05 and 151.07 of the Revised Code, and the provisions for 21,948
them in those sections, shall be and shall be considered to be 21,949
continuation of the bond service funds created in prior sections 21,950
1557.04 and 1555.08, respectively, of the Revised Code that are 21,952
repealed by this act.
(F) Whenever the Sinking Fund, or any of its members or 21,954
officers, is referred to in any contract or other document 21,955
relating to those outstanding financing obligations, the 21,956
reference shall be considered to be to the Commission or its 21,957
appropriate members or officers. 21,958
Section 52.01. (A)(1) On the effective date of this 21,960
section, as provided in sections 151.01 and 151.06 of the Revised 21,961
Code as enacted by this act, and in other sections of the Revised 21,963
Code amended or repealed by this act, and as further provided for 21,964
in this section, the Treasurer of State shall supersede and 21,966
replace the Commissioners of the Sinking Fund (referred to in
this section as the "Sinking Fund") in all matters relating to 21,967
the state's general obligation financing of capital facilities or 21,968
projects for highways (referred to in this section as "permitted 21,970
capital purposes") as provided for in Chapter 5528. of the 21,972
Revised Code (referred to in this section as "superseded 21,973
matters"), and as to those superseded matters and permitted 21,974
capital purposes the Treasurer of State shall:
489
(a) Succeed to and have and perform all the duties, 21,976
powers, obligations, and functions of the Sinking Fund and its 21,977
officers provided for in the Revised Code and any other law or 21,978
rule, including the issuance of bonds, notes, or other 21,979
obligations (all referred to collectively in this section as 21,980
"financing obligations") for the purpose of paying costs of 21,981
permitted capital purposes; 21,982
(b) Succeed to and have and perform all the duties, 21,984
powers, obligations, and functions and have all the rights of the 21,985
Sinking Fund and its officers provided for in or pursuant to 21,986
resolutions, rules, and agreements (all referred to collectively 21,987
in this section as "basic instruments"), and financing 21,988
obligations, previously authorized, entered into, or issued by 21,989
the Sinking Fund;
(c) Be bound by all agreements and covenants of the 21,991
Sinking Fund, and basic instruments and financing obligations. 21,992
(2) The transfer of the superseded matters to the 21,994
Treasurer of State pursuant to this section does not affect the 21,995
validity of any agreement or covenant, basic instruments, or 21,996
financing obligations, or related documents, authorized, entered 21,997
into, or issued by the Sinking Fund under law, and nothing in 21,998
this section shall be applied or considered as impairing the 21,999
obligations or rights under them. 22,000
(B) As to proceedings relating to superseded matters 22,002
affected by this act: 22,003
(1) This act applies to any proceedings commenced after 22,005
the effective date of this section, and to any proceedings that 22,006
on that effective date are pending, in progress, or completed, 22,008
notwithstanding the applicable law previously in effect or any 22,009
provision to the contrary in a prior basic instrument, notice, or 22,010
other proceeding.
(2) Any pending proceedings of the Sinking Fund on the 22,012
effective date of this section shall be pursued and completed by 22,013
and in the name of the Treasurer of State, and financing 22,014
490
obligations sold, issued, and delivered pursuant to those 22,015
proceedings shall be deemed to have been authorized, sold, 22,016
issued, and delivered in conformity with this section. 22,017
(3) Notwithstanding divisions (B)(1) and (2) of this 22,019
section, the Sinking Fund may, subsequent to the effective date 22,020
of this section but not later than June 30, 2001, meet for the 22,021
purpose of winding up the affairs of the Sinking Fund and to 22,022
better accomplish transfers relating to the superseded matters. 22,023
At any such meeting the Sinking Fund may take necessary or 22,024
appropriate actions to effect an orderly transition of its 22,025
affairs and may enter into such agreements or assignments or give 22,026
such approvals as are then pending before it, and those actions 22,027
are valid and enforceable against the Treasurer of State as 22,028
successor as if taken by the Sinking Fund prior to that effective 22,029
date.
(C) The Treasurer of State shall prepare any necessary 22,031
amendments of or supplements to documents or basic instruments 22,032
pertaining to the duties, powers, obligations, functions, and 22,033
rights relating to superseded matters to which the Treasurer of 22,034
State succeeds pursuant to this section. The authorization by 22,035
the Sinking Fund in basic instruments for its officers to act in 22,036
any manner on behalf of the Sinking Fund shall on and after the 22,037
effective date of this section be authorization for the Treasurer 22,038
of State, or officers to whom the Treasurer of State may delegate 22,039
the function, to act in the circumstances, without necessity for 22,041
amendment of or supplement to any such documents or basic 22,042
instruments.
(D) No pending judicial or administrative action or 22,044
proceeding in which the Sinking Fund, or its members or officers 22,045
as such, are a party and which pertains to those superseded 22,046
matters shall be affected by their transfer, but shall be 22,047
prosecuted or defended in the name of the Treasurer of State and 22,048
in any such action or proceeding the Treasurer of State, upon 22,049
application to the court, shall be substituted as a party. 22,050
491
(E) In connection with the duties, powers, obligations, 22,052
functions, and rights relating to superseded matters and provided 22,053
for in this section, on the effective date of this section: 22,054
(1) All basic instruments, documents, books, papers, and 22,056
records of the Sinking Fund shall be transferred to the Treasurer 22,058
of State upon request, all without necessity for assignment, 22,059
conveyance, or other action by the Sinking Fund. Any property or 22,060
property interest in the name of the Sinking Fund on real estate 22,061
records shall be deemed to be in the name of the Treasurer of 22,062
State without necessity for further filings for the purposes on 22,063
the real estate records or on Uniform Commercial Code records. 22,064
(2) All appropriations made to or for the Sinking Fund for 22,067
the purposes of the performance of the duties, powers, 22,068
obligations, and functions and exercise of rights relating to 22,069
superseded matters, to the extent of remaining unexpended or 22,070
unencumbered balances, are hereby made available for use and 22,071
expenditure by the Treasurer of State for performing the same 22,072
duties, powers, obligations, and functions and exercising the 22,073
same rights for which originally appropriated, and payments for 22,074
administrative expenses previously incurred in connection with 22,075
them shall be made from the applicable appropriations or funds on 22,076
vouchers approved by the Treasurer of State. 22,077
(3) The bond service fund created in section 151.06 of the 22,080
Revised Code, and the provisions for it in that section, shall be 22,081
and shall be considered to be continuation of the bond service 22,082
fund created in prior section 5528.55 of the Revised Code that is 22,084
repealed by this act.
(F) Whenever the Sinking Fund, or any of its members or 22,086
officers, is referred to in any contract or other document 22,087
relating to those outstanding financing obligations, the 22,088
reference shall be considered to be to the Treasurer of State or 22,089
the appropriate officers of the Treasurer of State. 22,090
Section 52.02. Elementary and Secondary Education 22,092
The amount of authorization to issue and sell obligations 22,094
492
granted by prior acts of the General Assembly to the Treasurer of 22,095
State in accordance with the provisions of Section 2i of Article 22,096
VIII, Ohio Constitution, and section 3318.26 of the Revised Code 22,098
is hereby reduced to $333,640,000. Authorization to issue and 22,099
sell obligations in the amount of $420,000,000 granted by prior
acts of the General Assembly under Section 2i of Article VIII, 22,100
Ohio Constitution, and section 3318.26 and other applicable 22,101
provisions of the Revised Code, is hereby granted to the Ohio 22,102
Public Facilities Commission in accordance with Section 2n of 22,103
Article VIII, Ohio Constitution, and Chapter 151. and 22,104
particularly sections 151.01 and 151.03 of the Revised Code. 22,105
Section 52.03. Higher Education 22,107
The amount of authorization to issue and sell obligations 22,109
to pay the cost of capital facilities for state-supported and 22,110
state-assisted institutions of higher education granted by prior 22,111
acts of the General Assembly to the Ohio Public Facilities 22,112
Commission in accordance with the provisions of Section 2i of 22,113
Article VIII, Ohio Constitution, and Chapter 154. of the Revised 22,115
Code is hereby reduced to $4,817,590,000. Authorization to issue 22,116
and sell obligations in the amount of $517,310,000 granted by
prior acts of the General Assembly under Section 2i of Article 22,117
VIII, Ohio Constitution, and Chapter 154. of the Revised Code is 22,118
hereby granted to the Ohio Public Facilities Commission in 22,119
accordance with the provisions of Section 2n of Article VIII, 22,120
Ohio Constitution, and Chapter 151. and particularly sections 22,121
151.01 and 151.04 of the Revised Code. 22,122
Section 52.04. (A)(1) On the effective date of this 22,124
section and as provided for in this section, the Treasurer of 22,126
State shall supersede and replace the Ohio Public Facilities 22,127
Commission (referred to in this section as the "Commission") as 22,128
the issuing authority in all matters relating to the issuance of 22,129
obligations for the financing of capital facilities for 22,130
state-supported and state-assisted institutions of higher 22,131
education, mental hygiene and retardation, and parks and
493
recreation (all referred to in this section as "permitted capital 22,132
purposes") as provided for in sections 154.01 to 154.22 of the 22,133
Revised Code (all referred to in this section as "superseded 22,134
matters"), and as to those superseded matters and permitted 22,135
capital purposes the Treasurer of State shall: 22,136
(a) Succeed to and have and perform all the duties, 22,138
powers, obligations, and functions of the Commission and its 22,139
officers provided for in the Revised Code and any other law or 22,140
rule relating to the issuance of bonds, notes, or other 22,141
obligations for the purpose of paying costs of permitted capital 22,142
purposes.
(b) Succeed to and have and perform all the duties, 22,144
powers, obligations, and functions, and have all the rights, of 22,145
the Commission and its officers provided for in or pursuant to 22,146
resolutions, rules, agreements, and trust agreements and 22,148
supplemental trust agreements (all referred to collectively in 22,149
this section as "basic instruments"), and bonds, notes, and other 22,150
obligations (all referred to collectively in this section as 22,151
"financing obligations"), previously authorized, entered into, or 22,153
issued by the Commission.
(c) Be bound by all agreements and covenants of the 22,155
Commission, and basic instruments, relating to financing 22,156
obligations.
(2) The transfer of the superseded matters to the 22,158
Treasurer of State pursuant to this section does not affect the 22,159
validity of any agreement or covenant, basic instruments, or 22,160
financing obligations, or related documents, authorized, entered 22,161
into, or issued by the Commission under Chapter 154. of the 22,162
Revised Code or other laws, and nothing in this section shall be 22,163
applied or considered as impairing the obligations or rights 22,164
under them.
(B) As to proceedings relating to superseded matters 22,166
affected by this section: 22,167
(1) This section applies to any proceedings commenced 22,169
494
after the effective date of this section, and to any proceedings 22,170
that on that effective date are pending, in progress, or 22,171
completed, notwithstanding the applicable law previously in 22,172
effect or any provision to the contrary in a prior basic 22,173
instrument, notice, or other proceeding. 22,174
(2) Any pending proceedings of the Commission on the 22,176
effective date of this section shall be pursued and completed by 22,177
and in the name of the Treasurer of State, and financing 22,178
obligations sold, issued, and delivered pursuant to those 22,179
proceedings shall be deemed to have been authorized, sold, 22,180
issued, and delivered in conformity with this section. 22,181
(3) Notwithstanding divisions (B)(1) and (2) of this 22,183
section, the Commission may, subsequent to the effective date of 22,184
this section but not later than June 30, 2001, meet for the 22,185
purpose of better accomplishing the transfer of the superseded 22,187
matters. At any such meeting the Commission may take necessary 22,188
or appropriate actions to effect an orderly transition relating 22,189
to the issuance of financing obligations.
(C) The Commission shall prepare any necessary amendments 22,191
of or supplements to documents or basic instruments pertaining to 22,192
the duties, powers, obligations, functions, and rights relating 22,193
to superseded matters to which the Treasurer of State succeeds 22,194
pursuant to this section. The authorization by the Commission in 22,195
its basic instruments relating to superseded matters for its 22,196
officers to act in any manner on behalf of the Commission shall 22,198
on and after the effective date of this act be authorization for 22,199
the Treasurer of State, or that officer's staff or employees to 22,200
whom the Treasurer of State may delegate the function, to act in 22,201
the circumstances, without necessity for amendment of or 22,203
supplement to any such documents or basic instruments. 22,204
(D) No pending judicial or administrative action or 22,206
proceeding in which the Commission, or its members or officers as 22,207
such, are a party and which pertains to those superseded matters 22,208
shall be affected by their transfer, but shall be prosecuted or 22,209
495
defended in the name of the Treasurer of State and in any such 22,210
action or proceeding the Treasurer of State, upon application to 22,211
the court, shall be substituted as a party. 22,212
(E) In connection with the duties, powers, obligations, 22,214
functions, and rights relating to superseded matters and provided 22,215
for in this section, on the effective date of this section: 22,216
(1) Copies of all basic instruments, documents, books, 22,218
papers, and records of the Commission shall be transferred to the 22,219
Treasurer of State upon request, all without necessity for 22,221
assignment, conveyance, or other action by the Commission. 22,222
(2) All appropriations previously made to or for the 22,225
Commission for the purposes of the performance of the duties, 22,226
powers, obligations, and functions and exercise of rights
relating to superseded matters, to the extent of remaining 22,227
unexpended or unencumbered balances, are hereby transferred to 22,228
and made available for use and expenditure by the Treasurer of 22,229
State for performing the same duties, powers, obligations, and 22,230
functions and exercising the same rights for which originally 22,231
appropriated, and payments for administrative expenses previously 22,233
incurred in connection with them shall be made from the
applicable administrative service fund on vouchers approved by 22,234
the Treasurer of State. 22,235
(3) All leases and agreements between the Commission and 22,237
the Ohio Board of Regents, the Department of Mental Health, the 22,238
Department of Mental Retardation and Developmental Disabilities, 22,239
or the Department of Natural Resources, made under Chapter 154. 22,240
of the Revised Code, shall be and be considered to continue to 22,241
bind the Commission. Nothing in this act shall be considered as 22,242
impairing the obligations of the Ohio Board of Regents or those 22,243
departments or the state, by the Commission, under those leases 22,245
and agreements. All appropriations made for the fiscal year 22,246
ending June 30, 2001, to the Ohio Board of Regents, or those 22,247
departments, for payments to be made to the Commission to pay 22,248
bond service charges pursuant to those leases and agreements 22,249
496
shall be used to make payments to the Treasurer of State for that 22,250
purpose.
(F) Whenever the Commission, or any of its members or 22,252
officers, is referred to in any contract or other document 22,253
relating to those outstanding financing obligations, the 22,254
reference shall be considered to be, as applicable, to the 22,255
Commission or to the Treasurer of State or the appropriate staff 22,257
of the Treasurer of State.
Section 52.05. (A) That Sections 1, 2, 3, and 4 of Am. 22,259
S.B. 206 of the 123rd General Assembly are hereby repealed. 22,260
(B) On the effective date of this section, sections 151.01 22,263
to 151.04 of the Revised Code, as enacted in this act, supersede
the equivalent provisions on the same subjects contained in 22,265
Sections 1 to 4 of Am. S.B. 206 of the 123rd General Assembly, 22,266
which sections are repealed by this section.
(C) All with respect to bonds of the state previously 22,268
authorized and issued by the Treasurer of State or the Ohio 22,269
Public Facilities Commission to pay costs of capital facilities 22,270
for a system of common schools throughout the state or capital 22,271
facilities for state-supported or state-assisted institutions of 22,272
higher education pursuant to the prior authorizations in Sections 22,273
1 to 4 of Am. S.B. 206 of the 123rd General Assembly, on the 22,274
effective date of this section: 22,275
(1) The Ohio Public Facilities Commission shall succeed to 22,277
and have and perform all the duties, powers, obligations, and 22,278
functions, and have all the rights, of the Treasurer of State or 22,279
that officer's employees as provided in or pursuant to orders 22,280
relating to those bonds and those bonds themselves. All 22,281
appropriations previously made to or for the purposes of the 22,282
performance of those duties, powers, obligations, and functions 22,283
and exercise of those rights, to the extent of remaining 22,284
unexpended or unencumbered balances, are hereby transferred to 22,285
and made available for use and expenditure by the Commission for 22,286
purposes of performing the same duties, powers, obligations, and 22,287
497
functions and exercising the same rights for which originally 22,288
appropriated or reappropriated. 22,289
(2) All related agreements and covenants of the Treasurer 22,291
of State and the basic instruments and bonds, shall be and be 22,292
considered as agreements and covenants of and binding upon the 22,293
Commission.
(3) The transfer and supersession provided for in this act 22,295
does not affect the validity of any agreement or covenant, or 22,296
resolution or order, or bonds, or related documents, authorized, 22,297
entered into or issued by the Treasurer of State or the 22,298
Commission under the provisions of Am. S.B. 206, and nothing in 22,299
this section or in the enactment by this act of sections 151.01 22,300
to 151.04 of the Revised Code or in the repeal by this act of 22,301
certain sections of Am. S.B. 206 shall be applied or be 22,302
considered as impairing their validity or the obligations or 22,303
rights under them.
(4) All basic instruments, documents, books, papers and 22,305
records of the Treasurer of State relating to those outstanding 22,306
bonds shall be transferred to the Commission. 22,307
(5) Whenever the Treasurer of State, or any of that 22,309
officer's employees, is referred to in any contract or other 22,310
document relating to those outstanding bonds issued to pay costs 22,311
of capital facilities for a system of common schools throughout 22,312
the state, the reference shall be considered to be to the 22,313
Commission or its appropriate officers.
(D) The Ohio Public Facilities Commission created in 22,315
section 151.02 of the Revised Code shall be and be considered to 22,316
be a continuation of the Ohio Public Facilities Commission 22,317
previously created in section 154.03 of the Revised Code repealed 22,318
by this act, and its officers, by-laws, and rules adopted 22,319
pursuant to section 121.22 of the Revised Code shall continue 22,320
without need for further election, or reissuing or re-adoption, 22,321
solely by reason of this act. 22,322
Section 52.06. (A) The amendments and enactments in 22,324
498
Section 1 of this act to or of sections contained in Chapters 22,326
151., 154., and 164. of the Revised Code apply to any proceedings 22,327
commenced after their effective date, and, so far as their 22,328
provisions support the actions taken, also apply to any
proceedings that on their effective date are pending, in 22,329
progress, or completed, and to the securities authorized or 22,330
issued or obligations entered into under or pursuant to those 22,331
proceedings, notwithstanding the applicable law previously in
effect or any provision to the contrary in a prior resolution, 22,332
order, notice, or other proceeding. Any proceedings pending or 22,333
in progress on the effective date of those amendments and 22,334
enactments, and securities sold, issued, and delivered, or 22,335
obligations entered into under or pursuant to those proceedings,
shall be deemed to have been taken, and authorized, sold, issued, 22,336
delivered, and entered into, in conformity with those amendments 22,337
and enactments.
(B) The provisions of the Revised Code so amended or 22,339
repealed by this act shall, except as otherwise provided in 22,340
division (A) of this section, be deemed to remain applicable to 22,341
securities issued or obligations entered into under or pursuant 22,342
to or in reliance on them prior to the effective date of those 22,343
amendments or repeals.
(C) The bond service fund created in section 151.08 of the 22,345
Revised Code, and the provisions for it in that section, shall be 22,346
and shall be considered to be the continuation of the bond 22,347
service fund created in section 164.10 of the Revised Code, which 22,348
section shall continue in effect as amended by this act and to 22,349
the extent not inconsistent with section 151.08 of the Revised
Code as enacted by this act, all for the purpose of ensuring that 22,350
the amendments to section 164.10 of the Revised Code made by this 22,352
act apply with respect to securities and obligations issued or 22,353
entered into prior to September 30, 2000, under section 164.09 of 22,354
the Revised Code.
Section 52.07. To permit a better basis of comparison of 22,356
499
the costs to the state of each method of sale, the General 22,357
Assembly recommends that some portion of the sales of state 22,358
general obligation bonds from the effective date of this section 22,359
through December 31, 2002, be by negotiated sale, and some by 22,360
competitive public bid sale. The Office of Budget and Management 22,361
shall determine and study the comparative financial impact on the 22,363
state of both methods of sale, and shall by April 30, 2003, 22,364
report its findings to the applicable bond issuing authorities 22,365
and to the finance committees of both houses of the General 22,366
Assembly.
Section 52.08. Payments received by the state under 22,368
interest rate hedges entered into as credit enhancement 22,369
facilities under Chapter 164. of the Revised Code shall be 22,370
deposited to the credit of the bond service fund for the 22,371
obligations to which those credit enhancement facilities relate. 22,372
Section 53. Sections 169.01 and 169.02 of the Revised 22,374
Code, as amended by this act, apply to payments and credits that, 22,375
on the effective date of this section, are in the possession, 22,376
custody, or control of a business association.
Section 54. The one-time payments that may be made by the 22,378
Tax Commissioner under division (D) of section 5727.86 of the 22,379
Revised Code shall be paid from the local government property tax 22,380
replacement fund to the county undivided income tax fund in the 22,381
proper county treasury. The county treasurer shall distribute 22,382
those amounts to the proper local taxing unit as if they had been 22,383
levied and collected as taxes, and the local taxing unit shall 22,384
apportion the amounts so received among its funds in the same 22,385
proportions as if those amounts had been levied and collected as 22,386
taxes. 22,387
Section 55. The Even Start Fees and Gifts Fund created by 22,389
section 3325.07 of the Revised Code, as amended by this act, is 22,390
the same as Fund 5H6, the Even Start Fees and Gifts Fund, created 22,391
by the Controlling Board.
Section 56. That Section 3.01 of Am. Sub. H.B. 850 of the 22,394
500
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the
123rd General Assembly, be amended to read as follows: 22,395
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 22,397
CAP-785 Rural Areas Historical Projects $ 440,000 22,400
CAP-786 Rural Areas Community Improvements $ 6,639,618 22,402
CAP-817 Urban Areas Community Improvements $ 14,608,150 22,404
14,458,150 22,405
CAP-818 Community Theatre Renovations $ 400,000 22,407
Total Department of Administrative Services $ 22,072,768 22,409
21,922,768 22,410
Rural Areas Historical Projects 22,413
Of the foregoing appropriation item CAP-785, Rural Areas 22,415
Historical Projects, $100,000 shall be used for Hancock County 22,416
Historical Society Facility Improvements; $40,000 shall be used 22,417
for Harveysburg Community Historic Society; $50,000 shall be used 22,419
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 22,420
Historic Site Improvements; and $50,000 shall be used for Elmore 22,421
Historical Society. 22,422
Rural Areas Community Improvements 22,424
Of the foregoing appropriation item CAP-786, Rural Areas 22,426
Community Improvements, $100,000 shall be used for Hocking Valley 22,428
Railroad Improvements; $50,000 shall be used for Belmont County 22,429
Park District - Convention Center; $70,000 shall be used for 22,430
Aberdeen Huntington Community Center; $100,000 shall be used for 22,431
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 22,432
for Clinton County Senior Center; $150,000 shall be used for 22,433
Coshocton Infrastructure Improvements; $200,000 shall be used for 22,434
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 22,435
for Warsaw Community Improvements; $100,000 shall be used for 22,436
Washington Court House Downtown Redevelopment; $80,000 shall be 22,437
used for Gallia County Industrial Park Improvements; $150,000 22,438
shall be used for Desmond Hall Industrial Park; $100,000 shall be 22,439
used for Kenton Armory Improvements; $162,000 shall be used for 22,440
501
Sinking Springs Infrastructure Improvements; $20,000 shall be 22,441
used for Laurelville Community Improvements; $16,000 shall be 22,442
used for Gibisonville Community Recreation Center Improvements; 22,443
$150,000 shall be used for Holmes County Historic Building 22,444
Improvements; $500,000 shall be used for Davis-Shai House 22,445
Historical Site; $100,000 shall be used for Maritime Museum in 22,446
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 22,447
Restoration; $90,000 shall be used for Big Island Nature Center 22,448
Improvements; $300,000 shall be used for Medina County Arts 22,449
Center Improvements; $142,000 shall be used for Graysville 22,450
Community Center; $49,000 shall be used for Roseville Community 22,451
Center Improvements; $100,000 shall be used for South Zanesville 22,452
Community Improvements; $20,000 shall be used for Corning 22,453
Community Center; $50,000 shall be used for Waverly Community 22,454
Improvements; $20,000 shall be used for Garrettsville Veterans 22,455
Memorial; $6,000 shall be used for Palmyra Township Veterans 22,456
Memorial; $100,000 shall be used for Deerfield Township Hall 22,457
Civic Improvements; $35,000 shall be used for Preble County 22,458
Coliseum Planning; $300,000 shall be used for Richland Academy of 22,460
Arts and Sciences Discovery Center; $50,000 shall be used for 22,461
Village of Pleasant Plain Community Improvements; $48,000 shall 22,462
be used for Village of South Lebanon Infrastructure Improvements; 22,464
$41,000 shall be used for Rehabilitate Senior Housing - 22,465
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 22,466
Belpre; $100,000 shall be used for New Matamoras Senior Center; 22,467
$25,000 shall be used for West Salem Town Hall Improvements; 22,468
$40,000 shall be used for Pemberville Opera House Restoration; 22,469
$40,000 shall be used for Grand Rapids Village Hall Restoration; 22,470
$500,000 shall be used for Liberty Commons Infrastructure Project 22,471
- Lima; $50,000 shall be used for Village of Morrow 22,472
Infrastructure Improvements; $100,000 shall be used for Fairfield 22,473
City Cultural Center; $63,000 shall be used for Sunbury Town 22,474
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 22,475
502
used for Ft. Steuben Land Office; $100,000 shall be used for 22,476
Columbiana County Port Authority; $25,000 shall be used for Noble 22,477
County Senior Center; $25,000 shall be used for Crawford County 22,478
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 22,479
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; $250,000 shall be used 22,480
for Belmont County Park District Infrastructure Improvements; 22,482
$200,000 shall be used for Coshocton County North Corridor 22,483
Infrastructure Improvements; $100,000 shall be used for the 22,484
Holmes County Historic Building Renovation; $125,000 shall be 22,486
used for the Summit Township Community Building in Monroe County; 22,488
$100,000 shall be used for Morgan County Infrastructure 22,489
Improvements; $100,000 shall be used for the Muskingum County 22,490
Emergency Shelter Addition; $100,000 shall be used for Noble 22,491
County Infrastructure Improvements; $42,618 shall be used for the 22,492
Highland County Improvement Project; $100,000 shall be used for 22,494
Marietta City Schools Athletic Facilities Improvements; $15,000 22,495
shall be used for Belmont County Museum Improvements; $15,000 22,497
shall be used for the Guernsey County Senior Center; $7,000 shall 22,499
be used for Camp Tuscazoar; $50,000 shall be used for New Boston 22,500
Infrastructure Improvements; $10,000 shall be used for Gallipolis 22,501
Main Street Improvements; $10,000 shall be used for the Pickaway 22,503
County Library/Ashville Project; $100,000 shall be used for the 22,504
John and Annie Glenn Museum; and $300,000 shall be used for 22,506
Zahn's Corner Industrial Park.
Urban Areas Community Improvements 22,508
Of the foregoing appropriation item CAP-817, Urban Areas 22,510
Community Improvements, $200,000 shall be used for Clermont 22,511
County Communications Center; $50,000 shall be used for The Civic 22,513
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 22,514
Planning; $25,000 shall be used for Friendly Center Renovations; 22,515
$5,000 shall be used for Toledo Golden Gloves - Equipment; 22,516
$50,000 shall be used for Sylvania Historical Society Building 22,517
503
Improvements; $50,000 shall be used for Toledo International 22,518
Youth Hostel Renovations; $100,000 shall be used for Fellows 22,519
Gardens - Mill Creek Park Improvements; $100,000 shall be used 22,520
for Weathervane Playhouse Addition; $100,000 shall be used for 22,521
Akron/Summit Community Action Agency Facility Improvements; 22,522
$136,000 shall be used for Akron Community Health Resources Inc. 22,523
Facility Improvements; $75,000 shall be used for Farmington 22,524
Senior Center Improvements; $85,000 shall be used for President 22,525
McKinley Home Site improvements; $187,150 shall be used for 22,526
Shaker Historical Museum; $400,000 shall be used for Solon 22,527
Community Arts Center; $25,000 shall be used for Orange Senior 22,528
Center; $75,000 shall be used for Cincinnati Jewish Community 22,530
Center; $1,000,000 shall be used for Lincoln Heights Health 22,531
Center Improvements; $500,000 shall be used for Cook's Castle 22,532
Renovation; $40,000 shall be used for Toledo Jewish Community 22,533
Center; $100,000 shall be used for Youngstown Jewish Community 22,534
Center; $1,500,000 shall be used for Youngstown Parking Facility; 22,535
$150,000 shall be used for Canton Jewish Community Center; 22,536
$2,000,000 shall be used for Wilderness Center Facility 22,537
Improvements; $100,000 shall be used for Project AHEAD Facility 22,538
Improvements; $50,000 shall be used for Sagamore Hills Historical 22,539
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 22,540
Gardens; $250,000 shall be used for NEC World Series of Golf 22,541
Media Facility; $50,000 shall be used for Richfield Historic 22,542
District Improvements; $100,000 shall be used for Ohio Erie 22,543
Heritage Corridor Improvements; $150,000 shall be used for Hale 22,544
Farm Improvements; $1,750,000 shall be used for Wood County 22,545
Historic Building Renovation; $500,000 shall be used for 22,546
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township fire station; $50,000 shall be used for City 22,547
of University Heights Community Senior Center; $75,000 shall be 22,549
used for the J. Frank-Troy Senior Citizens Center; $50,000 shall 22,550
be used for the Cleveland Health Museum; $50,000 shall be used 22,551
for the City of Euclid Land Purchase; $25,000 shall be used for
504
the Mahoning River Corridor of Opportunity Industrial Park; 22,552
$25,000 shall be used for University Heights Senior Citizen 22,553
Center Public Library; $50,000 shall be used for Columbus Fire 22,554
Museum; $50,000 shall be used for League Park Tourist Museum; 22,555
$100,000 shall be used for Mustill Store Exhibits in Cascade 22,556
Valley Park; and $30,000 shall be used for Warren Airport Runway 22,557
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 22,559
Community Improvements, $300,000 shall be used for Columbus 22,560
Family and Child Guidance Centers; $360,000 shall be used for 22,561
Central Community House; $180,000 shall be used for St. John 22,562
Center; $500,000 shall be used for the Akron Art Museum 22,563
expansion; $500,000 shall be used for the Sandusky State Theater; 22,565
$275,000 shall be used for River Walk in Warren; $150,000 shall 22,566
be used for the AMVETS Career Center; $125,000 shall be used for 22,567
the Canton Palace Theater Association; $500,000 shall be used for 22,569
the Cleveland-Massillon Economic Development Project; $800,000 22,570
shall be used for the Columbus College of Art and Design; $40,000 22,572
shall be used for the Lucas County Ottawa Coalition Program; 22,574
$40,000 shall be used for the Lucas County Grace Community 22,575
Center; $40,000 shall be used for the Lucas County Friendly 22,576
Center; $40,000 shall be used for the Lucas County Collingwood 22,577
Arts Program; $40,000 shall be used for the Lucas County Common 22,579
Space Program; $50,000 shall be used for the Eliza Bryant Senior 22,581
Center; $90,000 shall be used for the St. John Center; $180,000 22,582
shall be used for Central Community House; $30,000 shall be used 22,583
for Wesley Development Corporation; and $60,000 shall be used for 22,585
Wesley Community Development Corporation. 22,586
Community Theatre Renovations 22,588
Of the foregoing appropriation item CAP-818, Community 22,590
Theatre Renovations, $100,000 shall be used for Cleveland Public 22,591
Theatre Improvements - Gordon Square; $125,000 shall be used for 22,592
Ariel Theatre Renovation; $125,000 shall be used for Markay 22,593
Theatre Renovations; and $50,000 shall be used for Lorain Palace 22,594
505
Theatre Improvements." 22,595
Section 57. That existing Section 3.01 of Am. Sub. H.B. 22,597
850 of the 122nd General Assembly, as amended by Am. Sub. H.B. 22,598
283 of the 123rd General Assembly, is hereby repealed. 22,599
Section 58. That Sections 4, 11, and 12 of Am. Sub. S.B. 3 22,601
of the 123rd General Assembly be amended to read as follows: 22,603
"Sec. 4. Sections SECTION 4933.33, 5727.30, 5727.32, and 22,605
5727.33 of the Revised Code, as amended by this act AM. SUB. S.B. 22,608
3 OF THE 123rd GENERAL ASSEMBLY, shall first apply to the excise 22,609
tax assessed by the Tax Commissioner for tax year 2002. 22,610
Sec. 11. (A) As used in this section: 22,612
(1) "Electric company," "combined company," and "rural 22,614
electric company" have the same meanings as in section 5727.01 of 22,616
the Revised Code.
(2) "Gross receipts" means gross receipts determined in 22,618
accordance with section 5727.33 of the Revised Code FOR THE 22,620
PERIOD OF MAY 1, 2000, TO APRIL 30, 2001, and any receipts 22,621
received by an electric company, combined company, or rural 22,622
electric company after April 30, 2001, from the distribution of 22,623
electricity PRIOR TO MAY 1, 2001, that was not subject to the 22,625
excise tax imposed by section 5727.81 of the Revised Code. 22,626
"GROSS RECEIPTS" EXCLUDES GROSS RECEIPTS SUBJECT TO THE TAX 22,627
IMPOSED BY SECTION 5727.24 OF THE REVISED CODE.
(B) Each electric company, combined company, and rural 22,629
electric company shall pay the public utility excise tax imposed 22,631
by section 5727.30 of the Revised Code on the company's gross 22,632
receipts received during the period of May 1, 2000, through April 22,633
30, 2001. Receipts received after August 1, 2001, are not 22,635
subject to the tax on gross receipts under this section if an 22,636
electric company, combined company, or rural electric company 22,637
takes reasonable collection measures to collect the gross 22,638
receipts. Notwithstanding section 5727.31 of the Revised Code, 22,639
each electric company, combined company, and rural electric 22,640
company shall make tax payments toward that liability. The first 22,641
506
payment must be made on or before October 15, 2000, and shall 22,643
equal one-third of the estimated liability shown in the report 22,644
filed on or before August 1, 2000. The second payment must be 22,645
made on or before March 1, 2001, and shall equal one-third of the 22,646
tax assessed by the Tax Commissioner on or before the first 22,647
Monday in November, 2000. The last payment must be made on or 22,648
before June 1, 2001, and shall equal one-fourth of the tax 22,649
assessed by the commissioner. The final report for the period of
May 1, 2000, through April 30, 2001, shall be filed by an 22,650
electric company, a combined company, or a rural electric company 22,652
on or before August 1, 2001, in accordance with division (A) of 22,653
section 5727.31 and section 5727.32 of the Revised Code. 22,654
On or before the first Monday of November 2001, the Tax 22,656
Commissioner shall assess an excise tax equal to four and 22,657
three-quarters per cent of the gross receipts received by 22,658
electric companies, combined companies, and rural electric 22,659
companies during the period of May 1, 2000, through April 30, 22,661
2001. Except as provided in section 5727.03 of the Revised Code, 22,662
as enacted AMENDED by this act AM. SUB. S.B. 3 OF THE 123rd 22,665
GENERAL ASSEMBLY, after payment of this assessment, electric 22,666
companies, rural electric companies, and combined companies, to 22,667
the extent of their activities as an electric company, are not 22,668
subject to the excise tax imposed by section 5727.30 of the 22,669
Revised Code. 22,670
Sec. 12. Electric companies and combined companies, as 22,672
defined in section 5727.01 of the Revised Code, shall first be 22,674
subject to the corporation franchise tax under Chapter 5733. of 22,675
the Revised Code for tax year 2002, as "tax year" is defined in 22,676
section 5733.04 of the Revised Code. For tax year 2002, an 22,677
electric company or a combined company shall pay two-thirds of 22,678
its total corporation franchise tax liability under Chapter 5733. 22,679
of the Revised Code. The amendments in this act AM. SUB. S.B. 3 22,681
OF THE 123rd GENERAL ASSEMBLY to sections 4909.15, 5733.04, 22,683
5733.05, 5733.051, 5733.057, 5733.06, 5733.09, 5733.33, 5733.98, 22,684
507
5747.31, and 5747.98 of the Revised Code, and the enactment in 22,686
this act AM. SUB. S.B. 3 OF THE 123rd GENERAL ASSEMBLY of 22,688
sections 5733.059, 5733.0510, and 5733.39 of the Revised Code, 22,690
first apply for tax year 2002."
Section 59. That existing Sections 4, 11, and 12 of Am. 22,692
Sub. S.B. 3 of the 123rd General Assembly are hereby repealed. 22,693
Section 60. That Sections 4.05 and 5.01 of Am. Sub. H.B. 22,695
163 of the 123rd General Assembly be amended to read as follows: 22,696
"Sec. 4.05. Department of Taxation 22,698
By the thirtieth day of June of each fiscal year, the 22,700
Director of Budget and Management shall transfer $4,300,000 22,702
3,461,979 in cash from Fund 002, the Highway Operating Fund, to 22,704
the General Revenue Fund for reimbursement of the services 22,705
provided by the Department of Taxation pursuant to sections 22,706
5728.08, 5735.26, and 5735.29 of the Revised Code. BY THE
THIRTIETH DAY OF JUNE OF FISCAL YEAR 2001, THE DIRECTOR OF BUDGET 22,708
AND MANAGEMENT SHALL TRANSFER $3,462,810 IN CASH FROM FUND 002, 22,709
THE HIGHWAY OPERATING FUND, TO THE GENERAL REVENUE FUND. THE 22,710
TRANSFERS ARE FOR REIMBURSEMENT OF THE SERVICES PROVIDED BY THE 22,711
DEPARTMENT OF TAXATION PURSUANT TO SECTIONS 5728.08, 5735.26, AND 22,712
5735.29 OF THE REVISED CODE.
Rental Payments - OBA 22,714
The foregoing appropriation item 770-003, Administration - 22,716
State - Debt Service, shall be used to pay rent to the Ohio 22,717
Building Authority for various capital facilities to be 22,719
constructed, reconstructed, or rehabilitated for the use of the 22,721
Department of Transportation, including the department's plant 22,722
and facilities at its central office, field districts, and county 22,723
and outpost locations. The rental payments shall be made from 22,724
revenues received from the motor vehicle fuel tax. The amounts 22,725
of any bonds and notes to finance such capital facilities shall 22,726
be at the request of the Director of Transportation. 22,727
Notwithstanding section 152.24 of the Revised Code, the Ohio 22,728
Building Authority may, with approval of the Office of Budget and 22,729
508
Management, lease capital facilities to the Department of 22,730
Transportation.
The Director of Transportation shall hold title to any land 22,732
purchased and any resulting structures that are attributable to 22,733
this appropriation item. Notwithstanding section 152.18 of the 22,735
Revised Code, the Director of Transportation shall administer any 22,737
purchase of land and any contract for construction, 22,739
reconstruction, and rehabilitation of facilities as a result of 22,740
this appropriation.
Should the appropriation and any reappropriations from 22,742
prior years in appropriation item 770-003 exceed the rental 22,743
payments for fiscal year 2000 or 2001, then prior to June 30, 22,744
2001, the balance may be transferred to appropriation item 22,745
772-421, 773-431, or 779-491. Such transfer shall be requested 22,747
by the Director of Transportation with approval by the Director 22,748
of Budget and Management. Transfers shall be reported to the 22,749
Controlling Board at the next regularly scheduled meeting of the 22,750
board.
Sec. 5.01. Bureau of Motor Vehicles 22,752
State Special Revenue Fund Group 22,754
4U0 762-638 Collegiate License 22,757
Plate Program $ 406,709 $ 416,470 22,759
4U2 762-641 Football Hall of Fame 22,761
License Plates $ 252,975 $ 259,046 22,763
5G8 762-668 Ohio CASA/GAL License 22,765
Plates $ 300,000 $ 307,200 22,767
5G9 762-669 Rotary International 22,769
License Plates $ 20,000 $ 20,480 22,771
5J0 762-670 Pro Sports Team 22,773
License Plates $ 1,250,000 $ 2,500,000 22,775
5J1 762-671 Boy Scouts License 22,777
Plates $ 25,000 $ 25,000 22,779
5J2 762-672 Girl Scouts License 22,781
Plates $ 25,000 $ 25,000 22,783
509
5J3 762-673 Eagle Scouts License 22,785
Plates $ 25,000 $ 25,000 22,787
5J4 762-674 FOP License Plates $ 15,000 $ 15,000 22,791
5J5 762-675 FOP Associates 22,793
License Plates $ 60,000 $ 60,000 22,795
539 762-614 Motor Vehicle Dealers 22,797
Board $ 222,623 $ 227,506 22,799
TOTAL SSR State Special Revenue 22,800
Fund Group $ 2,602,307 $ 3,880,702 22,803
State Highway Safety Fund Group 22,806
4W4 762-321 Operating Expense-BMV $ 59,524,444 $ 59,584,303 22,811
4W4 762-410 Registrations 22,813
Supplement $ 31,480,879 $ 32,197,278 22,815
83R 762-639 Local Immobilization 22,817
Reimbursement $ 1,261,973 $ 1,292,260 22,819
835 762-616 Financial 22,821
Responsibility
Compliance $ 5,650,575 $ 5,674,529 22,823
849 762-627 Automated Title 22,825
Processing Board $ 16,354,358 $ 11,858,624 22,827
TOTAL HSF State Highway Safety 22,828
Fund Group $ 114,272,229 $ 110,606,994 22,831
TOTAL ALL BUDGET FUND GROUPS - 22,832
Bureau of Motor Vehicles $ 116,874,536 $ 114,487,696 22,835
Motor Vehicle Registrations 22,838
The Registrar of Motor Vehicles may deposit revenues equal 22,841
to any estimated deficiency in the State Bureau of Motor Vehicles 22,842
Fund (Fund 4W4), established in section 4501.25 of the Revised 22,843
Code, obtained pursuant to sections 4503.02 and 4504.02 of the 22,844
Revised Code to support in part appropriations for operating 22,845
expenses and to defray the cost of manufacturing and distributing 22,846
license plates and license plate stickers and enforcing the law 22,847
relative to the operation and registration of motor vehicles. 22,848
Notwithstanding section 4501.03 of the Revised Code, the above 22,849
510
amount shall be paid into the State Bureau of Motor Vehicles Fund 22,850
before any revenues obtained pursuant to sections 4503.02 and 22,852
4504.02 of the Revised Code are paid into any other fund. The 22,853
deposit of revenues to meet the aforementioned deficiency shall 22,854
be in approximate equal amounts on a monthly basis or as 22,855
otherwise determined by the Director of Budget and Management
pursuant to a plan submitted by the Registrar of Motor Vehicles. 22,856
Capital Projects 22,858
The Registrar of Motor Vehicles may transfer revenue from 22,862
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 22,863
Highway Safety Fund (Fund 036) to meet its obligations for 22,864
capital projects CIR-047, Department of Public Safety Office 22,865
Building, and CIR-049, Warehouse Facility, AND CAP-070, AKRON 22,867
CANTON ONE STOP SHOP.
Administrative Functions 22,869
Subject to the approval of the Director of Budget and 22,871
Management, the Registrar of Motor Vehicles may transfer cash 22,872
from the State Bureau of Motor Vehicles Fund (Fund 4W4) and the 22,873
Automated Title Processing Fund (Fund 849) to the State Highway 22,874
Safety Fund (Fund 036) to meet obligations for its proportionate 22,875
share of costs for the department's administrative functions, as 22,877
mutually agreed to between the Director of Public Safety and the 22,878
Registrar of Motor Vehicles.
Bureau of Motor Vehicle Fund Consolidation 22,880
On July 1, 1999, or as soon thereafter as possible, the 22,882
Director of Budget and Management shall transfer the cash 22,884
balances in the Central Registration Fund (Fund 83E) and the 22,885
Facility Rentals Fund (Fund 83L) to the State Bureau of Motor 22,886
Vehicles Fund (Fund 4W4). Both the Central Registration Fund and 22,887
the Facility Rentals Fund are hereby abolished. The spending 22,888
authority to honor encumbrances established in the prior fiscal 22,890
year is hereby appropriated."
Section 61. That existing Sections 4.05 and 5.01 of Am. 22,892
Sub. H.B. 163 of the 123rd General Assembly are hereby repealed. 22,893
511
Section 62. That Sections 4.04, 4.06, 4.08, 4.11, 4.12, 22,895
4.16, 4.18, 7, 7.06, 7.10, 8, and 10 of Am. Sub. H.B. 282 of the 22,898
123rd General Assembly be amended to read as follows: 22,900
"Sec. 4.04. Professional Development 22,902
Of the foregoing appropriation item 200-410, Professional 22,904
Development, $5,997,829 in each fiscal year shall be used by the 22,905
Department of Education to develop a statewide comprehensive 22,907
system of twelve professional development centers that support 22,908
local educators' ability to foster academic achievement in the 22,909
students they serve. The centers shall include training teachers 22,911
on site-based management concepts to encourage teachers to become 22,912
involved in the management of their schools. 22,913
Of the foregoing appropriation item 200-410, Professional 22,915
Development, $1,321,292 in each fiscal year shall be used by the 22,916
Department of Education to establish programs targeted at 22,917
recruiting under-represented populations into the teaching 22,918
profession. In each year, the appropriation item shall be used 22,919
by the department to include, but not be limited to, alternative 22,920
teacher licensure or certification programs emphasizing the 22,921
recruitment of highly qualified minority candidates into 22,922
teaching, including emphasizing the recruitment of highly 22,923
qualified minority candidates into teaching positions in schools 22,924
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 22,926
candidates available as a result of downsizing of the military 22,927
and business sectors. Funding shall also be targeted to 22,928
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 22,929
significantly increasing Ohio's minority teaching force. 22,930
Of the foregoing appropriation item 200-410, Professional 22,932
Development, $9,659,713 in each fiscal year shall be distributed 22,933
on a per teacher basis to all school districts and joint 22,934
vocational school districts for locally developed teacher 22,935
training and professional development and for the establishment 22,937
512
of local professional development committees in all school 22,938
districts and chartered nonpublic schools. School districts and 22,939
joint vocational school districts shall not be precluded from 22,940
using these funds for cooperative activities on a county or 22,941
regional basis. School districts with pass rates of less than 75 22,942
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 22,943
development for teachers in elementary literacy skills. 22,944
Of the foregoing appropriation item 200-410, Professional 22,946
Development, $115,000 in each fiscal year shall be used to fund 22,947
public institutions or agencies that provide educational services 22,948
and employ or contract the services of licensed educators for 22,949
establishing local professional development committees pursuant 22,950
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 22,952
Development, $2,325,000 in fiscal year 2000 and $3,600,000 22,953
4,340,000 in fiscal year 2001 shall be used by the Department of 22,955
Education to pay the application fee for teachers from public and 22,956
chartered nonpublic schools applying to the National Board for 22,957
Professional Teaching Standards for professional teaching 22,960
certificates or licenses that the board offers, and to provide 22,961
grants in each fiscal year to recognize and reward teachers who 22,962
become certified by the board pursuant to section 3319.55 of the
Revised Code. 22,963
These moneys shall be used to pay for the first 600 22,966
applications in fiscal year 2000 and the first 800 applications 22,967
in fiscal year 2001 received by the department. Each prospective 22,968
applicant for certification or licensure shall submit an 22,969
application to the Department of Education. When the department 22,970
has collected a group of applications, but no later than 30 days 22,971
after receipt of the first application in a group, it shall send
the applications to the National Board for Professional Teaching 22,973
Standards along with a check to cover the cost of the application 22,974
fee for all applicants in that group. 22,975
513
Of the foregoing appropriation item 200-410, Professional 22,977
Development, up to $300,000 shall be used each fiscal year by the 22,978
Department of Education to support the connection of teacher 22,979
applicants to programs, including university programs, that 22,980
enhance applicant learning and professional development during 22,981
the National Board Certification process. 22,982
Of the foregoing appropriation item 200-410, Professional 22,983
Development, up to $1,875,000 in each fiscal year shall be 22,984
allocated for entry year programs. Each fiscal year, up to 22,985
$1,250,000 shall be used for mentors and assessor training, and 22,986
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 22,987
year-long entry year program that provides guidance and coaching 22,988
by experienced school district and university faculty and regular 22,989
teacher performance assessment. The program is designed to 22,990
assess each beginning teacher with the Education Testing 22,991
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 22,992
associated with the pilot residency program in urban, suburban, 22,993
and rural sites.
Of the foregoing appropriation item 200-410, Professional 22,995
Development, up to $650,000 in each fiscal year shall be used to 22,996
continue Ohio leadership academies to develop and train 22,997
superintendents, principals, other administrators, and school 22,998
board members in new leadership and management practices to 22,999
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 23,000
Of the foregoing appropriation item 200-410, Professional 23,002
Development, up to $850,000 in each fiscal year shall be used to 23,003
support a two-year Principal's Leadership Academy that will serve 23,004
principals and their staff teams. An advisory panel comprised of 23,005
national business and education experts shall advise the Ohio 23,006
Department of Education on content and delivery of curriculum and 23,007
instruction.
514
Of the foregoing appropriation item 200-410, Professional 23,009
Development, up to $975,000 in each fiscal year shall be used to 23,010
establish an entry year program for principals. Grants shall be 23,011
issued to pilot sites that shall develop prototypes of the 23,012
program in a variety of contexts. These sites shall also pilot 23,013
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 23,014
Of the foregoing appropriation item 200-410, Professional 23,016
Development, up to $500,000 in each fiscal year shall be used by 23,017
the Rural Appalachian Initiative to create professional 23,018
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be 23,019
released prior to the Department of Education receiving a 23,020
satisfactory report of the activities conducted by these 23,021
professional development academies during the previous year. 23,022
Sec. 4.06. Vocational Education Match 23,024
The foregoing appropriation item 200-416, Vocational 23,026
Education Match, shall be used by the Department of Education to 23,027
provide vocational administration matching funds pursuant to 20 23,028
U.S.C. 2311. 23,029
Technical Systems Development 23,031
The foregoing appropriation item 200-420, Technical Systems 23,033
Development, shall be used to support several information system 23,034
development projects that are designed to improve the performance 23,035
and customer service of the Ohio Department of Education. 23,036
Implementation of these systems shall allow the department to 23,037
provide greater levels of assistance and more timely information 23,038
to school districts, administrators, and legislators. 23,039
Up to $2,500,000 in fiscal year 2000 shall be used for 23,041
development and testing of the school administration software of 23,042
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 23,043
construction plans of the EMIS redesign. 23,044
In fiscal year 2000, up to $300,000 may be used for the 23,046
department's maintenance contract for database management 23,047
515
software; up to $100,000 shall be used for Phase I of the 23,048
department's data warehouse software purchase and maintenance 23,049
fees; and up to $300,000 shall be used for Phase II of the data 23,050
warehouse project. 23,051
In fiscal year 2001, up to $1,800,000 shall be used for 23,053
EMIS conversion, including district support and technical 23,054
assistance; up to $350,000 may be used for the department's 23,055
annual maintenance contract for database management software; and 23,056
up to $200,000 shall be used to support the data warehouse 23,057
project.
ALTERNATIVE EDUCATION PROGRAMS 23,060
THERE IS HEREBY CREATED THE ALTERNATIVE EDUCATION ADVISORY 23,063
COUNCIL, WHICH SHALL CONSIST OF ONE REPRESENTATIVE FROM EACH OF 23,064
THE FOLLOWING AGENCIES: THE OHIO DEPARTMENT OF EDUCATION; THE 23,065
DEPARTMENT OF YOUTH SERVICES; THE OHIO DEPARTMENT OF ALCOHOL AND 23,067
DRUG ADDICTION SERVICES; THE DEPARTMENT OF MENTAL HEALTH; THE 23,068
OFFICE OF THE GOVERNOR OR, AT THE GOVERNOR'S DISCRETION, THE 23,070
OFFICE OF THE LIEUTENANT GOVERNOR; AND THE OFFICE OF THE ATTORNEY 23,071
GENERAL. THE ALTERNATIVE EDUCATION ADVISORY COUNCIL SHALL CEASE 23,073
TO EXIST ON JUNE 30, 2001.
OF THE FOREGOING APPROPRIATION ITEM 200-421, ALTERNATIVE 23,076
EDUCATION PROGRAMS, NOT LESS THAN $9,500,000 IN FISCAL YEAR 2001 23,077
SHALL BE USED FOR COMPETITIVE MATCHING GRANTS TO THE 21 URBAN
SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF SECTION 3317.02 OF 23,078
THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1998, AND NOT 23,079
LESS THAN $9,500,000 IN FISCAL YEAR 2001 SHALL BE USED FOR 23,080
COMPETITIVE MATCHING GRANTS TO RURAL AND SUBURBAN SCHOOL 23,081
DISTRICTS FOR ALTERNATIVE EDUCATIONAL PROGRAMS FOR EXISTING AND
NEW AT-RISK AND DELINQUENT YOUTH. PROGRAMS SHALL BE FOCUSED ON 23,082
YOUTH IN ONE OR MORE OF THE FOLLOWING CATEGORIES: THOSE WHO HAVE 23,083
BEEN EXPELLED OR SUSPENDED, THOSE WHO HAVE DROPPED OUT OF SCHOOL 23,084
OR WHO ARE AT RISK OF DROPPING OUT OF SCHOOL, THOSE WHO ARE 23,085
HABITUALLY TRUANT OR DISRUPTIVE, OR THOSE ON PROBATION OR ON 23,086
PAROLE FROM A DEPARTMENT OF YOUTH SERVICES FACILITY. 23,087
516
THE ALTERNATIVE EDUCATION ADVISORY COUNCIL SHALL DEVELOP 23,090
CRITERIA FOR THE AWARDING OF GRANTS FOR ALTERNATIVE EDUCATIONAL 23,091
PROGRAMS. THE CRITERIA THE COUNCIL DEVELOPS SHALL GIVE PRIORITY 23,092
TO PROJECTS THAT DEMONSTRATE COLLABORATION AMONG SCHOOLS,
JUVENILE COURTS, LAW ENFORCEMENT AGENCIES, LOCAL GOVERNMENT, AND 23,093
OTHER APPROPRIATE PRIVATE AND PUBLIC ORGANIZATIONS; INCLUDE 23,094
STRATEGIES TO ENSURE ENFORCEMENT OF THE STATE'S ATTENDANCE LAWS; 23,095
ARE RESEARCH-BASED; AND ENSURE THAT DATA NECESSARY FOR EVALUATION 23,096
OF THE PROJECT IS COLLECTED. GRANTS SHALL BE AWARDED ONLY TO 23,097
PROGRAMS WHERE THE GRANT WOULD NOT SERVE AS THE PROGRAM'S PRIMARY 23,098
SOURCE OF FUNDING. THESE GRANTS SHALL BE ADMINISTERED BY THE 23,099
OHIO DEPARTMENT OF EDUCATION.
THE OHIO DEPARTMENT OF EDUCATION MAY WAIVE COMPLIANCE WITH 23,102
ANY MINIMUM EDUCATION STANDARD ESTABLISHED UNDER SECTION 3301.07 23,103
OF THE REVISED CODE FOR ANY ALTERNATIVE SCHOOL THAT RECEIVES A 23,104
GRANT UNDER THIS SECTION IF THE ALTERNATIVE EDUCATION ADVISORY 23,105
COUNCIL RECOMMENDS THE WAIVER ON THE GROUNDS THAT THE WAIVER WILL 23,106
ENABLE THE PROGRAM TO MORE EFFECTIVELY EDUCATE STUDENTS ENROLLED 23,107
IN THE ALTERNATIVE SCHOOL.
OF THE FOREGOING APPROPRIATION ITEM 200-421, ALTERNATIVE 23,110
EDUCATION PROGRAMS, UP TO $1,000,000 IN FISCAL YEAR 2001 MAY BE 23,111
USED FOR PROGRAM ADMINISTRATION, MONITORING, TECHNICAL
ASSISTANCE, SUPPORT, RESEARCH, AND EVALUATION. ANY UNEXPENDED 23,112
BALANCE MAY BE USED TO PROVIDE ADDITIONAL MATCHING GRANTS TO 23,113
URBAN, SUBURBAN, OR RURAL SCHOOL DISTRICTS AS OUTLINED ABOVE. 23,114
School Management Assistance 23,116
The foregoing appropriation item 200-422, School Management 23,118
Assistance, shall be used by the Department of Education to 23,119
provide fiscal technical assistance and inservice education for 23,120
school district management personnel and to administer, monitor, 23,122
and implement the fiscal watch and fiscal emergency provisions 23,123
under Chapter 3316. of the Revised Code.
Policy Analysis 23,125
The foregoing appropriation item 200-424, Policy Analysis, 23,127
517
shall be used by the Department of Education to develop software 23,129
and other computer assistance to maintain and enhance a system of 23,130
administrative, statistical, and legislative education
information to be used for policy analysis. The data base shall 23,131
be kept current at all times. Such a system will be used to 23,132
supply information and analysis of data to the General Assembly 23,133
and other state policy makers, including the Office of Budget and 23,134
Management and the Legislative Budget Office of the Legislative 23,135
Service Commission. 23,136
The Department of Education may use funding from this line 23,138
item to purchase or contract for the development of software 23,139
systems or contract for policy studies that will assist in the 23,141
provision and analysis of policy-related information.
Ohio Educational Computer Network 23,143
The foregoing appropriation item 200-426, Ohio Educational 23,145
Computer Network, shall be used by the Department of Education to 23,146
maintain a system of information technology throughout Ohio and 23,147
to provide technical assistance for such a system in support of 23,148
the State Education Technology Plan pursuant to section 3301.07 23,149
of the Revised Code. 23,150
Of the foregoing appropriation item 200-426, Ohio 23,152
Educational Computer Network, up to $10,460,000 in fiscal year 23,153
2000 and $11,510,000 in fiscal year 2001 shall be used to support 23,154
the development, maintenance, and operation of a network of 23,155
uniform and compatible computer-based information and 23,156
instructional systems. The technical assistance shall include, 23,157
but not be restricted to, the development and maintenance of 23,158
adequate computer software systems to support network activities. 23,159
Program funds may be used, through a formula and guidelines 23,160
devised by the department, to subsidize the activities of not 23,161
more than twenty-four designated data acquisition sites, as 23,162
defined by State Board of Education rules, to provide to school 23,163
districts and chartered nonpublic schools computer-based student 23,164
and teacher instructional and administrative information 23,165
518
services, including approved computerized financial accounting, 23,166
to assure the effective operation of local automated 23,168
administrative and instructional systems.
In order to broaden the scope of the use of technology for 23,170
education, the department may use up to $250,000 in each fiscal 23,171
year to coordinate the activities of the computer network with 23,173
other agencies funded by the department or the state. In order 23,174
to improve the efficiency of network activities, the department 23,175
and data acquisition sites may jointly purchase equipment, 23,176
materials, and services from funds provided under this 23,177
appropriation for use by the network and, when considered 23,178
practical by the department, may utilize the services of 23,179
appropriate state purchasing agencies. 23,180
Of the foregoing appropriation item 200-426, Ohio 23,182
Educational Computer Network, up to $10,260,000 in fiscal year 23,183
2000 and $19,000,000 in fiscal year 2001 shall be used by the 23,184
Department of Education to support connections of all public 23,185
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 23,186
help reimburse data acquisition sites or school districts for the 23,187
operational costs associated with using the Ohio Education 23,188
Computer Network. The Department of Education shall develop a 23,189
formula and guidelines for the distribution of these funds to the 23,190
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 23,192
up to $1,939,772 to continue to manage and develop the statewide 23,193
union catalog and InfOhio Network of library resources that will 23,194
be accessible to all school districts through the Ohio Education 23,195
Computer Network up to $1,994,086 in fiscal year 2001 shall be 23,196
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 23,199
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 23,200
assist designated data acquisition sites with operational costs 23,201
associated with the increased use of the Ohio Education Computer 23,203
519
Network by chartered nonpublic schools. The Department of 23,204
Education shall develop a formula and guidelines for distribution 23,206
of these funds to designated data acquisition sites.
Sec. 4.08. Education Management Information System 23,208
The foregoing appropriation item 200-446, Education 23,210
Management Information System, shall be used to provide school 23,211
districts with the means to implement local automated information 23,212
systems, to implement the common student information management 23,213
software developed by the Department of Education, and to 23,214
implement, develop, and improve the Education Management 23,215
Information System (EMIS). 23,216
Up to $1,000,000 in each fiscal year shall be used by the 23,219
Department of Education to assist designated data acquisition 23,220
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 23,222
equipment, staff development, software, and forms modification, 23,223
as well as to support EMIS special report activities in the 23,224
department that are designed to use the data collected by the 23,225
system.
Up to $2,865,553 in fiscal year 2000 and $2,951,519 in 23,227
fiscal year 2001 shall be distributed to designated data 23,228
acquisition sites for costs relating to the processing, storing, 23,229
and transfer of data for the effective operation of the EMIS. 23,231
These costs may include, but are not limited to, personnel, 23,232
hardware, software development, communications connectivity, 23,233
professional development and support services, and to provide 23,234
services to participate in the State Education Technology Plan 23,235
pursuant to section 3301.07 of the Revised Code.
Up to $6,359,593 in fiscal year 2000 and $6,550,325 in 23,237
fiscal year 2001 shall be distributed to school districts and 23,238
joint vocational school districts on a per-pupil basis. From 23,239
this money, each school district with enrollment greater than 100 23,240
students and each vocational school district shall receive a 23,241
minimum of $5,000 for each year of the biennium. Each school 23,242
520
district with enrollment between one and one hundred and each 23,243
county office of education shall receive $3,000 for each year of 23,244
the biennium. This money shall be used for costs associated with 23,245
the development and operation of local automated record based 23,246
information systems that provide data as required by the 23,247
education management information system, and facilitate local 23,248
district, school, and classroom management activities. 23,249
GED Testing/Adult High School 23,251
The foregoing appropriation item 200-447, GED Testing/Adult 23,253
High School, shall be used to provide General Educational 23,254
Development (GED) testing at no cost to first time applicants, 23,255
pursuant to rules adopted by the State Board of Education. The 23,256
Department of Education shall reimburse school districts and 23,257
community schools, created in accordance with Chapter 3314. of 23,258
the Revised Code for a portion of the costs incurred in providing 23,259
summer instructional or intervention services to students who 23,260
have not graduated due to their inability to pass one or more 23,261
parts of the state's ninth grade proficiency test. School 23,262
districts shall also provide such services to students who are
residents of the district pursuant to section 3313.64 of the 23,263
Revised Code, but who are enrolled in chartered, nonpublic 23,264
schools. The services shall be provided in the public school, in 23,265
nonpublic schools, in public centers, or in mobile units located 23,266
on or off of the nonpublic school premises. No school district 23,267
shall provide summer instructional or intervention services to
nonpublic school students as authorized by this section unless 23,268
such services are available to students attending the public 23,269
schools within the district. No school district shall provide 23,270
services for use in religious courses, devotional exercises, 23,271
religious training, or any other religious activity. Chartered, 23,272
nonpublic schools shall pay for any unreimbursed costs incurred
by the school districts for providing summer costs incurred by 23,273
the school districts for providing summer instruction or 23,274
intervention services to students enrolled in chartered, 23,275
521
nonpublic schools. School districts may provide these services 23,276
to students directly or contract with post-secondary or nonprofit 23,277
community-based institutions in providing instruction. The 23,278
appropriation shall also be used for state reimbursement to 23,279
school districts for adult high school continuing education 23,280
programs pursuant to section 3313.531 of the Revised Code or for 23,281
costs associated with awarding adult high school diplomas under 23,282
section 3313.611 of the Revised Code.
Community Schools 23,284
Of the foregoing appropriation item 200-455, Community 23,286
Schools, up to $100,000 in each fiscal year may be used by the 23,287
Lucas County Educational Service Center to pay for additional 23,288
services provided to community schools, subject to the reporting 23,289
by the service center of actual expenses incurred to the 23,290
Department of Education. In each fiscal year, up UP to $400,000 23,291
IN FISCAL YEAR 2000 AND $1,545,000 IN FISCAL YEAR 2001 may be 23,292
used by the Office of School Options in the Department of 23,293
Education for additional services and responsibilities under 23,294
section 3314.11 of the Revised Code. 23,295
The remaining appropriation may be used by the Department 23,297
of Education and the Lucas County Educational Service Center to 23,298
make grants of up to $50,000 to each proposing group with a 23,299
preliminary agreement obtained under division (C)(2) of section 23,300
3314.02 of the Revised Code in order to defray planning and 23,303
initial start-up costs. In the first year of operation of a
community school, the Department of Education and the Lucas 23,304
County Educational Service Center may make a grant of no more 23,305
than $100,000 to the governing authority of the school to 23,306
partially defray additional start-up costs. The amount of the 23,307
grant shall be based on a thorough examination of the needs of 23,308
the community school. The Department of Education and the Lucas 23,309
County Educational Service Center shall not utilize moneys 23,310
received under this section for any other purpose other than 23,311
those specified under this section. The department shall 23,312
522
allocate an amount to the Lucas County Educational Service Center 23,313
for grants to schools in the Lucas County area under this 23,314
paragraph.
A community school awarded start-up grants from 23,316
appropriation item 200-613, Public Charter Schools (Fund 3T4), 23,317
shall not be eligible for grants under this section. 23,318
Sec. 4.11. Pupil Transportation 23,320
Of the foregoing appropriation item 200-502, Pupil 23,322
Transportation, up to $755,000 may be used by the Department of 23,323
Education each year for training prospective and experienced 23,324
school bus drivers in accordance with training programs 23,325
prescribed by the department; an amount shall be available in 23,326
each year of the biennium to be used for special education 23,327
transportation reimbursements. The reimbursement rate in each 23,328
year shall be based on the rate defined in division (D) of 23,329
section 3317.022 of the Revised Code; notwithstanding division
(I) of section 3317.024 of the Revised Code, up to $800,000 in 23,331
fiscal year 2000 AND UP TO $1,500,000 IN FISCAL YEAR 2001 shall 23,333
be used by the Department of Education to reimburse commercial 23,334
driver education schools that provide driver education to 23,335
students who were issued driver education vouchers prior to June 23,336
8, 1999 and to provide the $50 per pupil subsidy to school 23,337
districts for those students who completed school districts' 23,338
driver education programs prior to June 30, 1999; and the 23,340
remainder shall be used for the state reimbursement of public 23,341
school districts' costs in transporting pupils to and from the 23,342
school to which they attend in accordance with the district's
policy, State Board of Education standards, and the Revised Code. 23,343
OF THE FOREGOING APPROPRIATION ITEM 200-502, PUPIL 23,346
TRANSPORTATION, $300,000 IN FISCAL YEAR 2001 SHALL BE USED BY THE
DEPARTMENT OF EDUCATION TO FUND A PILOT PROJECT IN SELECTED 23,347
SCHOOL DISTRICTS TO INSTALL SENSORS ON SCHOOL BUSES. THE 23,348
DEPARTMENT OF EDUCATION SHALL SELECT A VARIETY OF URBAN, 23,349
SUBURBAN, AND RURAL SCHOOL DISTRICTS FOR PARTICIPATION IN THE 23,350
523
PILOT PROJECT. EACH DISTRICT SELECTED SHALL INSTALL SENSORS ON A 23,351
PORTION OF ITS SCHOOL BUSES. THE DEPARTMENT OF EDUCATION MAY USE 23,352
UP TO TEN PER CENT OF THIS SET-ASIDE TO CONDUCT OR CONTRACT FOR 23,353
AN EVALUATION OF THIS PILOT PROGRAM, INCLUDING, BUT NOT LIMITED 23,354
TO, AN ANALYSIS OF THE SAFETY ENHANCEMENTS AS THE RESULT OF THE 23,355
PILOT PROJECT. EACH PARTICIPATING SCHOOL DISTRICT SHALL COLLECT
DATA AS NECESSARY FOR THE EVALUATION AND SHALL REPORT ALL 23,356
INFORMATION AS DESIGNATED BY THE DEPARTMENT OF EDUCATION. THE 23,358
DEPARTMENT OF EDUCATION SHALL ISSUE A REPORT AND PRESENT FINDINGS 23,359
TO THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND 23,360
THE SENATE NO LATER THAN DECEMBER 15, 2001. 23,361
Bus Purchase Allowance 23,363
The foregoing appropriation item 200-503, Bus Purchase 23,365
Allowance, shall be distributed to school districts and 23,366
educational service centers pursuant to rules adopted under 23,368
section 3317.07 of the Revised Code. Up to 25 per cent of the 23,369
amount appropriated may be used to reimburse school districts and 23,370
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 23,372
School Lunch 23,374
The foregoing appropriation item 200-505, School Lunch 23,376
Match, shall be used to provide matching funds to obtain federal 23,377
funds for the school lunch program. 23,378
Sec. 4.12. Adult Literacy Education 23,380
The foregoing appropriation item 200-509, Adult Literacy 23,382
Education, shall be used to support adult basic and literacy 23,383
education instructional programs, and the State Literacy Resource 23,384
Center Program. 23,385
Of the foregoing appropriation item 200-509, Adult Literacy 23,388
Education, up to $520,000 in fiscal year 2000 and $532,500 in 23,389
fiscal year 2001 shall be used for the support and operation of 23,391
the State Literacy Resource Center.
The remainder shall be used to continue to satisfy the 23,393
state match and maintenance of effort requirements for the 23,394
524
support and operation of the Ohio Department of Education 23,396
administered instructional grant program for Adult Basic and 23,397
Literacy Education in accordance with the department's state plan 23,398
for Adult Basic and Literacy Education as approved by the State 23,399
Board of Education and the Secretary of the United States 23,400
Department of Education.
Auxiliary Services 23,402
The foregoing appropriation item 200-511, Auxiliary 23,404
Services, shall be used by the State Board of Education for the 23,405
purpose of implementing section 3317.06 of the Revised Code. Of 23,406
the appropriation, up to $1,000,000 in each fiscal year of the 23,407
biennium may be used for payment of the Post-Secondary Enrollment 23,408
Options Program for nonpublic students pursuant to section 23,409
3365.10 of the Revised Code. 23,410
Summer Intervention 23,412
Of the foregoing appropriation item 200-513, Summer 23,414
Intervention, up to $15,500,000 in each fiscal year shall be used 23,415
to assist districts providing the intervention services specified 23,416
in section 3313.608 of the Revised Code. These moneys shall be 23,419
used to provide equalized reimbursement payments using the state 23,420
aid ratio to school districts providing summer intervention 23,421
services satisfying criteria defined in division (E) of section
3313.608 of the Revised Code. The Department of Education shall 23,423
establish guidelines for the use and distribution of these
moneys.
THE DEPARTMENT OF EDUCATION SHALL ALLOCATE ANY FUNDS 23,425
TRANSFERRED FROM APPROPRIATION ITEM 200-520, DISADVANTAGED PUPIL 23,427
IMPACT AID, TO APPROPRIATION ITEM 200-513, SUMMER INTERVENTION, 23,428
TO SCHOOL DISTRICTS BASED ON ESTIMATES OF THE NUMBER OF CHILDREN 23,429
MOST AT RISK OF NOT PASSING THE FOURTH GRADE PROFICIENCY TEST. 23,430
THE FUNDS SHALL BE USED FOR PROGRAMS DESIGNED TO ACCOMPLISH
EITHER OF THE FOLLOWING: 23,431
(A) PREPARE TEACHERS WITH READING INTERVENTION STRATEGIES; 23,433
(B) EXTEND LEARNING OPPORTUNITIES FOR READING LITERACY, 23,435
525
INCLUDING EXTENDED DAY, EXTENDED YEAR, AFTER SCHOOL, SATURDAY 23,436
SCHOOL, AND SUMMER SCHOOL. THIS INCLUDES THE ABILITY TO PAY FOR 23,437
TRANSPORTATION AND OTHER RELATED EXPENSES. 23,438
SCHOOL DISTRICTS RECEIVING FUNDS FROM THIS APPROPRIATION SHALL 23,440
REPORT TO THE DEPARTMENT OF EDUCATION ON HOW FUNDS WERE USED. 23,441
Post-Secondary/Adult Vocational Education 23,443
The foregoing appropriation item 200-514, 23,445
Post-Secondary/Adult Vocational Education, shall be used by the 23,446
State Board of Education to provide post-secondary/adult 23,447
vocational education pursuant to sections 3313.52 and 3313.53 of 23,448
the Revised Code. 23,449
Of the foregoing appropriation item 200-514, 23,451
Post-Secondary/Adult Vocational Education, up to $500,000 in each 23,453
fiscal year shall be allocated for the Ohio Career Information 23,454
System (OCIS) and used for the dissemination of career 23,455
information data to public schools, libraries, rehabilitation 23,456
centers, two- and four-year colleges and universities, and other 23,457
governmental units. 23,458
Of the foregoing appropriation item 200-514, 23,460
Post-Secondary/Adult Vocational Education, up to $30,000 in each 23,461
fiscal year shall be used for the statewide coordination of the 23,462
activities of the Ohio Young Farmers.
The Governor's Workforce Development Board shall examine 23,464
the sites statewide participating in the Orientation to 23,465
Nontraditional Occupations for Women Program and consider making 23,466
recommendations for funding the program under the proposed 23,467
Department of Job and Family Services. In the event that the 23,468
Department of Job and Family Services is not created through the 23,469
merger of the Department of Human Services and Bureau of 23,470
Employment Services in fiscal year 2001, the Workforce
Development Board shall make any recommendations for funding the 23,471
program to the individual agencies. 23,472
Disadvantaged Pupil Impact Aid 23,474
The foregoing appropriation item 200-520, Disadvantaged 23,476
526
Pupil Impact Aid, shall be distributed to school districts 23,477
according to the provisions of section 3317.029 of the Revised 23,479
Code. However, no money shall be distributed for all-day 23,481
kindergarten to any school district whose three-year average 23,482
formula ADM exceeds 17,500 but whose DPIA index is not at least 23,483
equal to 1.00, unless the Department of Education certifies that 23,484
sufficient funds exist in this appropriation to make all other 23,486
payments required by section 3317.029 of the Revised Code. 23,487
The Department of Education shall pay all-day, everyday 23,489
kindergarten funding to all school districts in fiscal year 2000 23,490
and fiscal year 2001 that qualified for and provided the service 23,491
in a preceding fiscal year pursuant to section 3317.029 of the 23,493
Revised Code, regardless of changes to such districts' DPIA 23,494
indexes in fiscal year 2000 and fiscal year 2001. 23,495
The Department of Education shall pay to community schools 23,498
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 23,499
does not receive a payment for all-day kindergarten, pursuant to 23,500
division (B) of section 3314.13 of the Revised Code, and the 23,501
student is reported by the community school as enrolled in 23,502
all-day kindergarten at the community school. 23,503
Of the foregoing appropriation item 200-520, Disadvantaged 23,505
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 23,506
shall be used for school breakfast programs. Of the $3,000,000, 23,507
up to $500,000 shall be used each year by the Department of 23,509
Education to provide start-up grants to rural school districts 23,510
and to school districts with less than 1,500 ADM that start 23,511
school breakfast programs. The remainder of the $3,000,000 shall 23,512
be used to: (1) partially reimburse school buildings within 23,513
school districts that are required to have a school breakfast 23,514
program pursuant to section 3313.813 of the Revised Code, at a 23,515
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 23,516
districts participating in the National School Lunch Program that 23,517
527
have at least 20 per cent of students who are eligible for free 23,518
and reduced meals according to federal standards, at a rate 23,519
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 23,520
breakfast served to children eligible for free and reduced meals 23,521
enrolled in the district, at a rate decided upon by the 23,522
department.
Of the portion of the funds distributed to the Cleveland 23,524
City School District under section 3317.029 of the Revised Code 23,525
calculated under division (F)(2) of that section, up to 23,526
$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal 23,527
year 2001 shall be used to operate the pilot school choice 23,529
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 23,530
Of the foregoing appropriation item 200-520, Disadvantaged 23,532
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 23,533
fiscal year 2001 shall be used to support dropout recovery 23,534
programs administered by the Department of Education, Jobs for 23,535
Ohio's Graduates program. 23,536
There is hereby created the Alternative Education Advisory 23,538
Council which shall consist of one representative from each of 23,540
the following agencies: The Ohio Department of Education, the 23,541
Department of Youth Services, the Ohio Department of Alcohol and 23,542
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 23,544
of the Lieutenant Governor, and the Office of the Attorney 23,545
General. The Alternative Education Advisory Council shall cease 23,546
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 23,548
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 23,550
for competitive matching grants to the 21 urban school districts 23,552
as defined in division (O) of section 3317.02 of the Revised Code 23,554
as it existed prior to July 1, 1998, and $10,000,000 in each 23,555
fiscal year shall be used for competitive matching grants to
528
rural and suburban school districts for alternative educational 23,558
programs for existing and new at-risk and delinquent youth. 23,560
Programs shall be focused on youth in one or more of the 23,561
following categories: those who have been expelled or suspended, 23,562
those who have dropped out of school or who are at risk of
dropping out of school, those who are habitually truant or 23,564
disruptive, or those on probation or on parole from a Department
of Youth Services' facility. 23,565
The Alternative Education Advisory Council shall develop 23,568
criteria for the awarding of grants for alternative educational
programs. The criteria the council develops shall give priority 23,569
to projects that: demonstrate collaboration among schools, 23,570
juvenile courts, law enforcement agencies, local government, and 23,571
other appropriate private and public organizations; include 23,572
strategies to ensure enforcement of the state's attendance laws; 23,573
are research-based; and ensure that data necessary for evaluation 23,574
of the project is collected. Grants shall be awarded only to
programs where the grant would not serve as the program's primary 23,575
source of funding. The grants shall be administered by the Ohio 23,577
Department of Education.
The Ohio Department of Education may waive compliance with 23,579
any minimum education standard established under section 3301.07 23,580
of the Revised Code for any alternative school that receives a 23,581
grant under this section if the Alternative Education Advisory 23,582
Council recommends the waiver on the grounds that the waiver will 23,583
enable the program to more effectively educate students enrolled 23,584
in the alternative school.
AT THE REQUEST OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, 23,587
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER ANY 23,588
UNOBLIGATED, UNEXPENDED FUNDS AS OF JUNE 20, 2000, FROM THE 23,589
FOREGOING APPROPRIATION ITEM 200-520, DISADVANTAGED PUPIL IMPACT 23,590
AID, TO APPROPRIATION ITEM 200-513, SUMMER INTERVENTION. THE 23,591
AMOUNT REQUESTED FOR TRANSFER SHALL NOT EXCEED $15,000,000. THE 23,592
AMOUNT TRANSFERRED IS HEREBY APPROPRIATED. 23,593
529
Sec. 4.16. Vocational Education Enhancements 23,595
Of the foregoing appropriation item 200-545, Vocational 23,597
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 23,598
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 23,600
vocational education units at institutions. Up to $9,975,000 in 23,603
fiscal year 2000 and up to $10,972,500 in fiscal year 2001 shall
be used to fund the Jobs for Ohio Graduates (JOG) program, up to 23,605
$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal 23,606
year 2001 may be used to support tech prep consortia. 23,607
Of the foregoing appropriation item 200-545, Vocational 23,609
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 23,610
up to $4,483,531 in fiscal year 2001 shall be used by the 23,611
Department of Education to fund competitive grants to tech prep 23,612
consortia that expand the number of students enrolled in tech 23,613
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 23,614
in school districts, including joint vocational school districts. 23,615
If federal funds for vocational education cannot be used 23,618
for local school district leadership without being matched by 23,619
state funds, then an amount as determined by the Superintendent 23,620
of Public Instruction shall be made available from state funds 23,622
appropriated for vocational education. If any state funds are 23,623
used for this purpose, federal funds in an equal amount shall be 23,624
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio 23,625
as approved by the Secretary of the United States Department of 23,627
Education.
Of the foregoing appropriation item 200-545, Vocational 23,629
Education Enhancements, $6,144,277 in fiscal year 2000 and 23,631
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 23,633
career goals, and to develop a career passport which provides a 23,634
clear understanding of the student's knowledge, skills, and 23,635
credentials to present to future employers, universities, and 23,636
530
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 23,639
Department of Education for programs described in section 23,640
3313.607 of the Revised Code for children in the kindergarten 23,642
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 23,643
development, staff development, mentorships, career exploration, 23,644
and career assessment instruments as needed to develop 23,645
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 23,647
Education Enhancements, $5,188,703 in fiscal year 2000 and 23,648
$5,707,573 in fiscal year 2001 shall be used to provide an amount 23,650
to each eligible school district for the replacement or updating 23,651
of equipment essential for the instruction of students in job 23,652
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 23,654
School districts replacing or updating vocational education 23,655
equipment may purchase or lease such equipment. The Department 23,656
of Education shall review and approve all equipment requests and 23,657
may allot appropriated funds to eligible school districts on the 23,659
basis of the number of units of vocational education FULL-TIME 23,660
EQUIVALENT WORKFORCE DEVELOPMENT TEACHERS in all eligible 23,661
districts making application for funds.
The State Board of Education may adopt standards of need 23,664
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 23,666
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 23,667
be provided to a school district on a 30, 40, or 50 per cent of 23,668
cost on the basis of a district vocational priority index rating 23,669
developed by the Department of Education for all districts each 23,671
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 23,672
shall include other socio-economic factors as determined by the 23,673
531
State Board of Education. 23,674
Of the foregoing appropriation item 200-545, Vocational 23,676
Education Enhancements, up to $400,000 in fiscal year 2000 may be 23,679
used to pay for transitional funding to low-wealth joint
vocational school districts. This transitional funding is for 23,680
fiscal year 2000 only. For fiscal year 2000, joint vocational 23,681
school districts with adjusted recognized valuation per pupil 23,682
equal to or less than $3,000,000 are guaranteed to receive at 23,683
least a 2.8 per cent increase in state aid received under section
3317.16 of the Revised Code less divisions (E) and (F) and under 23,684
division (R) of section 3317.024 of the Revised Code over the 23,685
amount the district received in fiscal year 1999 under the 23,686
version of section 3317.16 of the Revised Code in effect for that 23,687
year plus the amount the district received under section 3317.162 23,688
of the Revised Code in effect for that year and minus the amounts
received that year for driver education and adult education. No 23,690
district that receives transitional funding under this paragraph 23,692
shall receive more than $150,000 in fiscal year 2000. 23,693
Sec. 4.18. OhioReads Grants 23,695
Of the foregoing appropriation item 200-566, OhioReads 23,697
Grants, $20,000,000 each year shall be disbursed by the OhioReads 23,699
Office in the Department of Education at the direction of the 23,700
OhioReads Council, to provide classroom grants to public schools 23,701
in city, local, and exempted village school districts; community 23,702
schools; and educational service centers serving kindergarten 23,703
through fourth grade students. 23,704
Of the foregoing appropriation item 200-566, OhioReads 23,706
Grants, $5,000,000 each year shall be disbursed by the OhioReads 23,707
Office in the Department of Education at the direction of the 23,708
OhioReads Council, to provide community matching grants to 23,710
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 23,711
involvement.
Grants awarded by the OhioReads Council are intended to 23,713
532
improve reading outcomes, especially on the fourth grade reading 23,714
proficiency test.
School Improvement Incentive Grants 23,716
Of the foregoing appropriation item 200-570, School 23,718
Improvement Incentive Grants, $2,000,000 in each fiscal year 23,719
shall be used to provide grants of $25,000 per building for 23,721
improvements in reading performance based on selection criteria 23,722
developed by the OhioReads Council.
Of the foregoing appropriation items ITEM 200-570, School 23,725
Improvement Incentive Grants, $6,500,000 in each fiscal year
shall be used to provide grants of $25,000 each to elementary 23,727
schools and $50,000 each to middle schools, junior high schools, 23,728
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 23,729
on standards developed by the Department of Education. 23,730
Of the foregoing appropriation item 200-570, School 23,732
Improvement Incentive Grants, $500,000 in each fiscal year shall 23,733
be used to provide grants of $50,000 each to educational service 23,735
centers and joint vocational school districts for exemplary 23,736
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 23,737
on standards developed by the Department of Education. 23,738
Of the foregoing appropriation item 200-570, School 23,740
Improvement Incentive Grants, $1,000,000 in each fiscal year 23,741
shall be used to provide grants of $25,000 UP TO $50,000 each to 23,743
schools EDUCATIONAL BEST PRACTICES AWARD WINNERS selected for 23,744
superior performance by BEST, Building Excellent Schools for 23,746
Today and the 21st Century.
ANY GRANTS AWARDED FROM THE FOREGOING APPROPRIATION ITEM 23,748
200-570, SCHOOL IMPROVEMENT INCENTIVE GRANTS, SHALL BE AWARDED TO 23,750
INDIVIDUAL SCHOOL BUILDINGS, EDUCATIONAL SERVICE CENTERS, OR
JOINT VOCATIONAL SCHOOL DISTRICTS, AS APPROPRIATE. GRANT AWARDS 23,751
SHALL BE EXPENDED FOR STAFF DEVELOPMENT, CLASSROOM EQUIPMENT, 23,752
MATERIALS, AND/OR BOOKS. THE PRINCIPAL OR ADMINISTRATOR OF EACH 23,753
533
GRANTEE SHALL DECIDE HOW BEST TO USE THE GRANT AWARD, WITH INPUT 23,754
FROM STAFF MEMBERS.
Teacher Incentive Grants 23,756
The foregoing appropriation item 200-572, Teacher Incentive 23,758
Grants, shall be used by the Department of Education to pay 23,759
one-time stipends to qualified teachers of reading, mathematics, 23,760
and science. To be eligible, teacher applicants must hold a 23,761
valid teaching certificate; be employed by a city, local, 23,762
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 23,763
for teachers with a reading, mathematics, or science credential. 23,764
Individuals with an elementary school teaching certificate 23,766
that successfully complete a program for a reading endorsement, 23,767
and who successfully complete the examination prescribed by the 23,768
State Board of Education, shall be paid a stipend of $1,000. 23,769
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 23,770
science to that certificate, and who successfully complete the 23,771
mathematics or science examination prescribed by the State Board 23,772
of Education, shall be paid a stipend of $1,500. The variance in 23,773
stipend amounts reflects the variance in requirements to secure 23,774
the different credentials.
TO QUALIFY FOR STIPENDS, INDIVIDUALS MUST SUCCESSFULLY 23,776
COMPLETE ALL NECESSARY COURSEWORK AS PRESCRIBED BY THE STATE 23,777
BOARD OF EDUCATION BY JUNE 30, 2001, AND MUST SUCCESSFULLY 23,778
COMPLETE ALL REQUIRED PRACTICAL EXPERIENCE BY OCTOBER 30, 2001. 23,779
AT THE REQUEST OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, 23,782
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER ANY UNEXPENDED 23,783
AND UNENCUMBERED BALANCES IN THIS APPROPRIATION ITEM AS OF JUNE 23,784
30, 2000, TO FISCAL YEAR 2001. THE AMOUNT SO TRANSFERRED IS 23,785
HEREBY APPROPRIATED.
Character Education 23,787
Of the foregoing appropriation item 200-573, Character 23,789
Education, up to $50,000 in each fiscal year shall be used to 23,790
534
develop, produce, or otherwise obtain a distance learning 23,791
program, a video presentation, or other method of offering 23,792
instruction in character education to multiple school districts. 23,793
The program, presentation, or other method of instruction shall 23,794
be made available to all school districts. 23,795
The remainder of appropriation item 200-573, Character 23,797
Education, shall be used by the Department of Education to 23,799
provide matching grants of up to $50,000 each to school districts 23,800
to develop pilot character education programs.
Substance Abuse Prevention 23,802
Of the foregoing appropriation item 200-574, Substance 23,804
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 23,805
$2,120,000 in fiscal year 2001 shall be used for the Safe and 23,806
Drug Free Schools Coordinators Program. Of the foregoing 23,807
appropriation item 200-574, Substance Abuse Prevention, up to 23,808
$300,000 in each fiscal year of the biennium shall be used for 23,809
the Substance Abuse Prevention Student Assistance Program. The 23,810
Department of Education and the Department of Alcohol and Drug 23,811
Addiction Services shall jointly develop and approve a plan for 23,812
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 23,813
for safe and drug free schools coordinators. Safe and drug free 23,815
schools coordinators shall possess or be in the process of 23,816
obtaining credentials issued by the Ohio Credentialing Board for 23,817
Chemical Dependency Professionals or other credentials recognized 23,818
by that board.
12th Grade Proficiency Stipend 23,820
The foregoing appropriation item 200-575, 12th Grade 23,822
Proficiency Stipend, shall be used to fund a $500 scholarship to 23,823
each student who meets the requirements of section 3365.15 of the 23,824
Revised Code.
Within thirty days of the effective date of this section, 23,826
the Director of Budget and Management shall transfer the 23,827
appropriation for this program to the Ohio Board of Regents for 23,828
535
its administration.
River Valley School Environmental Issues 23,830
The foregoing appropriation item 200-580, River Valley 23,832
School Environmental Issues, shall be used to assist with costs 23,833
arising from environmental assessment and clean-up of potential 23,834
environmental contamination of school facilities of the River 23,835
Valley Local School District.
Auxiliary Services Mobile Repair 23,837
Notwithstanding section 3317.064 of the Revised Code, if 23,839
the unobligated cash balance is sufficient, the Treasurer of 23,840
State shall transfer $1,500,000 in fiscal year 2000 within thirty 23,841
days of the effective date of this section and $1,500,000 in 23,842
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 23,843
Personnel Unemployment Compensation Fund to the Department of 23,844
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 23,845
Within 30 days after the effective date of this section, 23,847
the Superintendent of Public Instruction shall certify to the 23,848
Director of Budget and Management the amount of cash to be 23,849
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 23,850
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 23,852
The Department of Education shall not commit or spend any 23,854
moneys from appropriation item 200-625, Coordinated School 23,855
Health, or appropriation item 200-668, AIDS Education, for 23,856
activities in preparation for or during the 1999-2000 school year 23,858
or for the 2000-2001 school year until the General Assembly has 23,859
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 23,860
the Senate votes on a concurrent resolution approving program 23,861
plans, its standing committee having principal jurisdiction over 23,862
primary and secondary education legislation shall conduct at 23,863
least one public hearing on the program plans. Tobacco use 23,864
prevention programs and dental health programs are exempt from
these requirements. 23,865
536
Sec. 7. BOR BOARD OF REGENTS 23,867
General Revenue Fund 23,869
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 23,874
GRF 235-401 LEASE-Rental Payments 23,876
to the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 23,879
337,115,000 23,880
GRF 235-402 Sea Grants $ 299,940 $ 299,940 23,884
GRF 235-403 Math/Science Teaching 23,886
Improvement $ 2,200,000 $ 1,700,000 23,888
GRF 235-404 College Readiness 23,890
Initiatives $ 2,650,000 $ 2,564,000 23,892
GRF 235-406 Articulation and 23,894
Transfer $ 1,000,000 $ 1,000,000 23,896
GRF 235-408 Midwest Higher 23,898
Education Compact $ 75,000 $ 75,000 23,900
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 23,904
GRF 235-414 State Grants and 23,906
Scholarship
Administration $ 1,360,630 $ 1,401,449 23,908
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 23,912
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 23,916
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,000 23,920
GRF 235-420 Success Challenge $ 20,068,104 $ 48,741,000 23,924
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 23,928
GRF 235-454 Research Challenge $ 19,436,382 $ 21,568,440 23,932
GRF 235-455 Productivity 23,934
Improvement Challenge $ 1,655,884 $ 1,695,625 23,936
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 23,940
GRF 235-477 Access Improvement 23,942
Projects $ 1,084,842 $ 1,110,879 23,944
GRF 235-501 Instructional Subsidy $1,601,259,165 $1,648,846,940 23,948
GRF 235-502 Student Support 23,950
Services $ 1,033,059 $ 1,057,853 23,952
537
GRF 235-503 Ohio Instructional 23,954
Grants $ 87,800,000 $ 98,031,000 23,956
GRF 235-504 War Orphans' 23,958
Scholarships $ 4,152,934 $ 4,517,037 23,960
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 23,964
GRF 235-508 Air Force Institute 23,966
of Technology $ 3,500,000 $ 3,500,000 23,968
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 23,972
GRF 235-510 Ohio Supercomputer 23,974
Center $ 4,834,416 $ 4,932,218 23,976
GRF 235-511 Cooperative Extension 23,978
Service $ 26,643,306 $ 27,708,525 23,980
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 23,984
GRF 235-514 Central State 23,986
Supplement $ 10,244,956 $ 10,744,956 23,988
GRF 235-515 CWRU School of 23,990
Medicine $ 4,181,578 $ 4,281,936 23,992
GRF 235-518 Capitol Scholarship 23,994
Programs $ 250,000 $ 250,000 23,996
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 24,000
GRF 235-520 Shawnee State 24,002
Supplement $ 2,969,965 $ 2,824,000 24,004
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 24,008
GRF 235-523 Center for Labor 24,010
Research $ 95,000 $ 95,000 24,012
GRF 235-524 Police and Fire 24,014
Protection $ 244,996 $ 244,996 24,016
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 24,020
GRF 235-526 Primary Care 24,022
Residencies $ 3,016,605 $ 3,167,435 24,024
GRF 235-527 Ohio Aerospace 24,026
Institute $ 2,374,973 $ 2,431,973 24,028
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 24,032
GRF 235-531 Student Choice Grants $ 43,025,389 $ 49,150,000 24,036
538
GRF 235-534 Student Workforce 24,038
Development Grants $ 0 $ 2,250,000 24,040
GRF 235-535 Agricultural Research 24,042
and Development
Center $ 36,673,910 $ 38,730,884 24,044
GRF 235-536 Ohio State University 24,046
Clinical Teaching $ 15,621,369 $ 15,996,281 24,048
GRF 235-537 University of 24,050
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 24,052
GRF 235-538 Medical College of 24,054
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 24,056
GRF 235-539 Wright State 24,058
University Clinical
Teaching $ 4,865,290 $ 4,982,057 24,060
GRF 235-540 Ohio University 24,062
Clinical Teaching $ 4,703,423 $ 4,816,305 24,064
GRF 235-541 Northeastern Ohio 24,066
Universities College
of Medicine Clinical 24,067
Teaching $ 4,837,466 $ 4,953,565 24,069
GRF 235-543 OCPM Clinical Subsidy $ 500,000 $ 500,000 24,073
GRF 235-547 School of 24,075
International
Business $ 1,743,637 $ 1,743,637 24,077
GRF 235-549 Part-time Student 24,079
Instructional Grants $ 12,308,500 $ 12,677,750 24,081
GRF 235-552 Capital Component $ 11,143,055 $ 11,143,055 24,085
GRF 235-553 Dayton Area Graduate 24,087
Studies Institute $ 3,765,832 $ 3,856,212 24,089
GRF 235-554 Priorities in 24,091
Graduate Education $ 3,464,704 $ 3,553,437 24,093
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 24,097
539
GRF 235-556 Ohio Academic 24,099
Resource Network $ 3,227,819 $ 3,512,182 24,101
GRF 235-558 Long-term Care 24,103
Research $ 318,371 $ 318,371 24,105
GRF 235-561 BGSU Canadian Studies 24,107
Center $ 167,642 $ 167,642 24,109
GRF 235-572 Ohio State University 24,111
Clinic Support $ 1,943,328 $ 2,061,138 24,113
GRF 235-583 Urban University 24,115
Programs $ 8,192,284 $ 6,636,285 24,117
GRF 235-585 Ohio University 24,119
Innovation Center $ 49,745 $ 49,745 24,121
GRF 235-587 Rural University 24,123
Projects $ 1,298,070 $ 1,403,624 24,125
GRF 235-588 Ohio Resource Center 24,127
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 24,129
GRF 235-595 International Center 24,131
for Water Resources
Development $ 189,381 $ 189,381 24,133
GRF 235-596 Hazardous Materials 24,135
Program $ 244,996 $ 244,996 24,137
GRF 235-599 National Guard 24,139
Tuition Grant Program $ 9,539,575 $ 13,842,740 24,141
9,439,575 13,617,740 24,144
TOTAL GRF General Revenue Fund $2,439,453,190 $2,595,897,110 24,146
2,439,353,190 2,555,297,110 24,147
General Services Fund Group 24,150
456 235-603 Publications $ 35,000 $ 35,000 24,155
TOTAL GSF General Services 24,156
Fund Group $ 35,000 $ 35,000 24,159
Federal Special Revenue Fund Group 24,162
3H2 235-608 Human Services 24,165
Project $ 974,506 $ 761,000 24,167
540
3N6 235-605 State Student 24,169
Incentive Grants $ 2,000,000 $ 2,000,000 24,171
3T0 235-610 NHSC Ohio Loan 24,173
Repayment $ 100,000 $ 100,000 24,175
312 235-609 Tech Prep $ 192,224 $ 211,450 24,179
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 24,183
TOTAL FED Federal Special Revenue 24,184
Fund Group $ 5,911,807 $ 5,717,527 24,187
State Special Revenue Fund Group 24,190
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 24,195
4P4 235-604 Physician Loan 24,197
Repayment $ 396,255 $ 396,255 24,199
649 235-607 Ohio State University 24,201
Highway/Transportation 24,201
Research $ 500,000 $ 500,000 24,204
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 24,208
TOTAL SSR State Special Revenue 24,209
Fund Group $ 1,511,661 $ 1,526,496 24,212
TOTAL ALL BUDGET FUND GROUPS $2,446,911,658 $2,603,176,133 24,215
2,446,811,658 2,562,576,133 24,216
Sec. 7.06. Pledge of Fees* 24,219
Any new pledge of fees, or new agreement for adjustment of 24,221
fees, made in the 1999-2001 biennium to secure bonds or notes of 24,222
a state-assisted institution of higher education for a project 24,223
for which bonds or notes were not outstanding on the effective 24,224
date of this section shall be effective only after approval by 24,225
the Ohio Board of Regents, unless approved in a previous 24,226
biennium.
Rental Payments to the Ohio Public Facilities Commission 24,228
LEASE-RENTAL PAYMENTS 24,230
The appropriations to the Ohio Board of Regents from the 24,232
General Revenue Fund for the purposes of division (A) of section 24,233
3333.13 of the Revised Code include the amounts necessary to meet 24,235
all payments at the times required to be made during the period 24,236
541
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 24,237
to the Ohio Public Facilities Commission pursuant to leases and 24,239
agreements made under section 154.21 of the Revised Code, as 24,240
certified under division (C) of section 3333.13 of the Revised 24,241
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, LEASE-Rental Payments to 24,243
the Ohio Public Facilities Commission. Nothing in this section 24,244
shall be deemed to contravene the obligation of the state to pay, 24,245
without necessity for further appropriation, from the source 24,246
pledged thereto, the bond service charges on obligations issued 24,247
pursuant to section 154.21 of the Revised Code. 24,248
Sec. 7.10. Sea Grants 24,250
The foregoing appropriation item 235-402, Sea Grants, shall 24,252
be disbursed to The Ohio State University. The funds from this 24,253
appropriation item shall be used to conduct research on fish in 24,254
Lake Erie.
Information System 24,256
The foregoing appropriation item 235-409, Information 24,258
System, shall be used by the Board of Regents to revise the 24,259
higher education data system known as the Uniform Information 24,260
System.
Student SUPPORT Services 24,262
The foregoing appropriation item 235-502, Student Support 24,264
Services, shall be distributed by the Board of Regents to Ohio's 24,265
state-assisted colleges and universities that incur 24,266
disproportionate costs in the provision of support services to 24,267
disabled students.
Central State Supplement 24,269
Of the foregoing appropriation item 235-514, Central State 24,271
Supplement, $100,000 in fiscal year 2000 shall be used in a 24,273
collaboration between the Board of Regents and the Institute for 24,274
Urban Education for planning purposes; $400,000 in fiscal year 24,275
2000 shall be distributed to the Institute for Urban Education;
and $1,000,000 in fiscal year 2001 shall be distributed to the 24,277
542
Institute for Urban Education.
Shawnee State Supplement 24,279
The foregoing appropriation item 235-520, Shawnee State 24,281
Supplement, shall be used by Shawnee State University as detailed 24,282
by both of the following: 24,283
(A) To allow Shawnee State University to keep its 24,285
undergraduate fees below the statewide average, consistent with 24,286
its mission of service to an economically depressed Appalachian 24,287
region;
(B) To allow Shawnee State University to employ new 24,289
faculty to develop and teach in new degree programs that meet the 24,290
needs of Appalachians.
Police and Fire Protection 24,292
The foregoing appropriation item 235-524, Police and Fire 24,294
Protection, shall be used for police and fire services in the 24,295
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 24,296
Portsmouth, Xenia Township (Greene County), and Rootstown 24,297
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 24,298
the state-affiliated university located therein. Each 24,299
participating municipality and township shall receive at least 24,300
five thousand dollars per year. Funds shall be distributed by 24,301
the Ohio Board of Regents.
School of International Business 24,303
Of the foregoing appropriation item 235-547, School of 24,305
International Business, $1,243,637 in each fiscal year shall be 24,306
used for the continued development and support of the School of 24,307
International Business of the state universities of northeast 24,308
Ohio. The money shall go to the University of Akron. These 24,309
funds shall be used by the university to establish a School of 24,310
International Business located at the University of Akron. It 24,311
may confer with the Kent State University, Youngstown State 24,312
University, and Cleveland State University as to the curriculum 24,313
and other matters regarding the school.
543
Of the foregoing appropriation item 235-547, School of 24,315
International Business, $250,000 in each fiscal year shall be 24,316
used to support the University of Toledo International Business 24,317
Institute.
Of the foregoing appropriation item 235-547, School of 24,319
International Business, $250,000 in each fiscal year shall be 24,320
used to support the Ohio State University MUCIA program. 24,322
Capital Component 24,324
The foregoing appropriation item 235-552, Capital 24,326
Component, shall be used by the Ohio Board of Regents to 24,327
implement the capital funding policy for state-assisted colleges 24,328
and universities established in Am. H.B. No. 748 of the 121st 24,330
General Assembly. Appropriations from this item shall be
distributed to all campuses for which the estimated campus debt 24,331
service attributable to new qualifying capital projects is less 24,333
than the campus' formula-determined capital component allocation.
Campus allocations shall be determined by subtracting the 24,334
estimated campus debt service attributable to new qualifying 24,335
capital projects from campus formula-determined capital component 24,336
allocation. Moneys distributed from this appropriation item 24,337
shall be restricted to capital-related purposes. 24,338
Dayton Area Graduate Studies Institute 24,340
The foregoing appropriation item 235-553, Dayton Area 24,342
Graduate Studies Institute, shall be used by the Ohio Board of 24,343
Regents to support the Dayton Area Graduate Studies Institute, an 24,344
engineering graduate consortium of three universities in the 24,345
Dayton area - Wright State University, The University of Dayton, 24,346
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 24,347
University.
Long-Term Care Research 24,349
The foregoing appropriation item 235-558, Long-term Care 24,351
Research, shall be disbursed to Miami University for long-term 24,352
care research.
544
BGSU Canadian Studies Center 24,354
The foregoing appropriation item 235-561, BGSU Canadian 24,356
Studies Center, shall be used by the Canadian Studies Center at 24,357
Bowling Green State University to study opportunities for Ohio 24,359
and Ohio businesses to benefit from the Free Trade Agreement 24,360
between the United States and Canada.
Urban University Programs 24,362
Of the foregoing appropriation item 235-583, Urban 24,364
University Programs, universities receiving funds which are used 24,366
to support an ongoing university unit must certify periodically 24,367
in a manner approved by the Ohio Board of Regents that program 24,368
funds are being matched on a one-to-one basis with equivalent 24,369
resources. Overhead support may not be used to meet this 24,370
requirement. Where Urban University Program funds are being used 24,371
to support an ongoing university unit, matching funds must come 24,372
from continuing rather than one-time sources. At each 24,373
participating state-assisted institution of higher education, 24,374
matching funds must be within the substantial control of the 24,375
individual designated by the institution's president as the Urban 24,376
University Program representative. 24,377
Of the foregoing appropriation item 235-583, Urban 24,379
University Programs, $380,000 in each fiscal year shall be used 24,380
to support a public communication outreach program (WCPN). The 24,382
primary purpose of the program shall be to develop a relationship 24,383
between Cleveland State University and nonprofit communications
entities. 24,384
Of the foregoing appropriation item 235-583, Urban 24,386
University Programs, $180,000 in each fiscal year shall be used 24,387
to support the Center for the Interdisciplinary Study of 24,388
Education and the Urban Child at Cleveland State University. 24,390
These funds shall be distributed according to rules adopted by 24,391
the Ohio Board of Regents and shall be used by the center for 24,392
interdisciplinary activities targeted toward increasing the 24,393
chance of lifetime success of the urban child, including 24,394
545
interventions beginning with the prenatal period. The primary 24,395
purpose of the center is to study issues in urban education and 24,396
to systematically map directions for new approaches and new 24,397
solutions by bringing together a cadre of researchers, scholars, 24,398
and professionals representing the social, behavioral, education, 24,399
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 24,402
University Programs, $260,000 in each fiscal year shall be used 24,403
to support the Kent State University Learning and Technology 24,404
Project. This project is a kindergarten through university 24,405
collaboration between schools surrounding Kent's eight campuses 24,406
in northeast Ohio, and corporate partners who will assist in 24,407
development and delivery. 24,408
The Kent State University Project shall provide a faculty 24,410
member who has a full-time role in the development of 24,411
collaborative activities and teacher instructional programming 24,412
between Kent and the K-12th grade schools that surround its eight 24,413
campuses; appropriate student support staff to facilitate these 24,414
programs and joint activities; and hardware and software to 24,415
schools that will make possible the delivery of instruction to 24,416
pre-service and in-service teachers, and their students, in their 24,417
own classrooms or school buildings. This shall involve the 24,418
delivery of low-bandwidth streaming video and web-based 24,419
technologies in a distributed instructional model. 24,420
Of the foregoing appropriation item 235-583, Urban 24,422
University Programs, $100,000 in each fiscal year shall be used 24,423
to support the Ameritech Classroom/Center for Research at Kent 24,424
State University. 24,425
Of the foregoing appropriation item 235-583, Urban 24,427
University Programs, $1,278,373 in fiscal year 2000 and 24,428
$1,000,000 in fiscal year 2001 shall be used to support the 24,430
Polymer Distance Learning Project at the University of Akron. Of
these amounts, $1,000,000 shall be used in fiscal year 2000 for 24,431
the Polymer Distance Learning Project and $278,373 shall be used 24,432
546
in fiscal year 2000 for the university's primary and secondary 24,433
school distance learning project; $1,000,000 shall be used in 24,434
fiscal year 2001 for the Polymer Distance Learning Project. 24,435
Of the foregoing appropriation item 235-583, Urban 24,437
University Programs, $500,000 in fiscal year 2000 shall be used 24,438
to support general arts programming at the University of Akron. 24,439
Of the foregoing appropriation item 235-583, Urban 24,441
University Programs, $50,000 in each fiscal year shall be 24,442
distributed to the Kent State University/Cleveland Design Center 24,443
program.
Of the foregoing appropriation item 235-583, Urban 24,445
University Programs, $250,000 in each fiscal year shall be used 24,446
to support the Bliss Institute of Applied Politics at the 24,447
University of Akron.
Of the foregoing appropriation item 235-583, Urban 24,449
University Programs, $250,000 in fiscal year 2000 shall be used 24,450
to support the Cleveland State University Applied Digital 24,451
Technology Center/WVIZ.
Of the foregoing appropriation item 235-583, Urban 24,453
University Programs, $15,000 in each fiscal year shall be used 24,455
for the Advancing-Up Program at the University of Akron. 24,456
Of the foregoing appropriation item 235-583, Urban 24,458
University Programs, $650,000 in fiscal year 2000 shall be used 24,460
for the Cleveland State University Technology Link. 24,461
Of the remainder of the appropriation, 50 per cent of the 24,463
total in each fiscal year shall be distributed by the Ohio Board 24,464
of Regents to Cleveland State University in support of the Urban 24,465
Center of the College of Urban Affairs. The balance of the 24,466
appropriation shall be distributed to the Northeast Ohio 24,468
Interinstitutional Research Program, the Urban Linkages Program, 24,469
and the Urban Research Technical Assistance Grant Program. 24,470
International Center for Water Resources Development 24,472
The foregoing appropriation item 235-595, International 24,474
Center for Water Resources Development, shall be used to support 24,475
547
the International Center for Water Resources Development at 24,476
Central State University. This center shall develop methods to 24,477
improve the management of water resources for Ohio and for 24,478
emerging nations.
Rural University Projects 24,480
Of the foregoing appropriation item 235-587, Rural 24,482
University Projects, Bowling Green State University shall receive 24,483
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 24,484
Miami University shall receive $323,365 in fiscal year 2000 and 24,485
$331,125 in fiscal year 2001. Ohio University shall receive 24,486
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 24,488
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 24,489
at Miami University, and the public administration program at 24,490
Bowling Green State University. 24,491
Of the foregoing appropriation item 235-587, Rural 24,493
University Projects, $25,000 in each fiscal year shall be used to 24,494
support the Washington State Community College day care center. 24,495
Of the foregoing appropriation item 235-587, Rural 24,497
University Projects, $75,000 in fiscal year 2001 shall be used to 24,498
support the COAD/ILGARD/GOA Appalachian Leadership Initiative. 24,499
A small portion of the funds provided to Ohio University 24,502
shall be used to establish a satellite office of the Institute 24,503
for Local Government Administration and Rural Development at 24,504
Shawnee State University. A small portion of the funds provided 24,505
to Ohio University shall also be used for the Institute for Local 24,506
Government Administration and Rural Development State and Rural 24,507
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 24,508
Ohio Resource Center for Math, Science, and Reading 24,510
The foregoing appropriation item 235-588, Ohio Resource 24,512
Center for Math, Science, and Reading, shall be used to support a 24,513
resource center for mathematics, science, and reading to be 24,514
548
located at a state-assisted university for the purpose of 24,515
identifying best educational practices in primary and secondary 24,516
schools and establishing methods for communicating them to
colleges of education and school districts. 24,517
Prior to December 31, 1999, the Governor, the 24,519
Superintendent of Public Instruction, and the Chancellor of the 24,520
Ohio Board of Regents shall conduct a search for the best 24,521
location for the establishment of the Ohio Resource Center for 24,522
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 24,523
section 3345.011 of the Revised Code. The university selected 24,524
shall be chosen on a competitive basis from among those 24,525
universities that apply to the Board of Regents.
Hazardous Materials Program 24,527
The foregoing appropriation item 235-596, Hazardous 24,529
Materials Program, shall be disbursed to Cleveland State 24,530
University for the operation of a program to certify firefighters 24,531
for the handling of hazardous materials. Training shall be 24,532
available to all Ohio firefighters.
National Guard Tuition Grant Program 24,534
The Board of Regents shall disburse funds from 24,536
appropriation item 235-599, National Guard Tuition Grant Program, 24,537
at the direction of the Adjutant General. 24,538
Ohio Higher Educational Facility Commission Support 24,540
The foregoing appropriation item 235-602, HEFC 24,542
Administration, shall be used by the Board of Regents for 24,543
operating expenses related to the Board of Regents' support of 24,544
the activities of the Ohio Higher Educational Facility 24,545
Commission. Upon the request of the chancellor, the Director of 24,546
Budget and Management shall transfer up to $12,000 cash from Fund 24,547
461 to Fund 4E8 in each fiscal year of the biennium. 24,548
Sec. 8. OSB OHIO STATE SCHOOL FOR THE BLIND 24,550
General Revenue Fund 24,552
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 24,557
549
GRF 226-200 Maintenance $ 676,533 $ 714,732 24,561
GRF 226-300 Equipment $ 69,534 $ 101,203 24,565
151,203 24,566
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 24,569
6,497,580 24,570
General Services Fund Group 24,572
4H8 226-602 Education Reform 24,575
Grants $ 29,900 $ 29,900 24,577
TOTAL GSF General Services 24,578
Fund Group $ 29,900 $ 29,900 24,581
State Special Revenue Fund Group 24,583
4M5 226-601 Work Study & 24,586
Technology
Investments $ 40,083 $ 40,924 24,588
TOTAL SSR State Special Revenue 24,589
Fund Group $ 40,083 $ 40,924 24,592
Federal Special Revenue Fund Group 24,594
3P5 226-643 Medicaid Professional 24,597
Services
Reimbursement $ 125,000 $ 125,000 24,599
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 24,603
TOTAL FED Federal Special 24,604
Revenue Fund Group $ 1,298,036 $ 1,320,850 24,607
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 24,610
7,889,254 24,611
Maintenance 24,614
Of the foregoing appropriation item 226-200, Maintenance, 24,616
up to $21,962 in fiscal year 2001 shall be used to purchase 24,617
Braille and large-print textbooks in the areas of reading, 24,618
mathematics, and spelling for grades kindergarten through six. 24,619
Equipment 24,621
Of the foregoing appropriation item 226-300, Equipment, 24,623
$30,000 80,000 in fiscal year 2001 shall be used to purchase a 24,625
van equipped with a hydraulic lift for wheelchairs SCHOOL BUS. 24,626
550
Sec. 10. SFC SCHOOL FACILITIES COMMISSION 24,628
General Revenue Fund 24,630
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 24,635
41,750,000 24,636
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 24,639
41,750,000 24,640
State Special Revenue Fund Group 24,643
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 24,648
TOTAL SSR State Special Revenue 24,649
Fund Group $ 2,609,726 $ 2,738,277 24,652
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 24,655
44,488,277 24,656
Lease Rental Payments 24,659
The foregoing appropriation item 230-428, Lease Rental 24,661
Payments, shall be used by the School Facilities Commission to 24,662
pay bond service charges on obligations issued pursuant to 24,663
Chapter 3318. of the Revised Code.
Operating Expenses 24,665
The foregoing appropriation item 230-644, Operating 24,667
Expenses, shall be used by the Ohio School Facilities Commission 24,668
to carry out its responsibilities pursuant to this section and 24,669
Chapter 3318. of the Revised Code. 24,670
Within ten days after the effective date of this section, 24,672
or as soon as possible thereafter, the Executive Director of the 24,673
Ohio School Facilities Commission shall certify to the Director 24,674
of Budget and Management the amount of cash to be transferred 24,675
from the School Building Assistance Fund (Fund 032) or the Public 24,676
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 24,677
By July 10, 2000, the Executive Director of the Ohio School 24,679
Facilities Commission shall certify to the Director of Budget and 24,680
Management the amount of cash to be transferred from the School 24,681
Building Assistance Fund (Fund 032) or the Public School Building 24,682
Fund (Fund 021) to the Ohio School Facilities Commission Fund 24,683
551
(Fund 5E3).
Prior Year Encumbrances 24,685
At the request of the Director of the Ohio School 24,687
Facilities Commission, the Director of Budget and Management may 24,688
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 24,689
School Building Program Assistance, and reestablish such 24,690
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 24,691
CAP-622 shall not be increased as a result of reestablishing such 24,692
encumbrances. An amount equal to the canceled encumbrances in 24,693
CAP-770 shall be appropriated to CAP-775. 24,694
Disability Access Projects 24,696
The unencumbered and unallotted balances as of June 30, 24,698
1999, in appropriation item 230-649, Disability Access Project, 24,699
are hereby reappropriated. The unencumbered and unallotted 24,701
balances of the appropriation at the end of fiscal year 2000 are 24,702
hereby reappropriated in fiscal year 2001 to fund capital 24,703
projects pursuant to this section. 24,704
(A) As used in this section: 24,706
(1) "Percentile" means the percentile in which a school 24,708
district is ranked according to the fiscal year 1998 ranking of 24,709
school districts with regard to income and property wealth under 24,710
division (B) of section 3318.011 of the Revised Code. 24,711
(2) "School district" means a city, local, or exempted 24,713
village school district, but excluding a school district that is 24,714
one of the state's 21 urban school districts as defined in 24,715
division (O) of section 3317.02 of the Revised Code, as that 24,716
section existed prior to July 1, 1998. 24,717
(3) "Valuation per pupil" means a district's total taxable 24,720
value as defined in section 3317.02 of the Revised Code divided 24,721
by the district's ADM as defined in division (A) of section
3317.02 of the Revised Code as that section existed prior to July 24,722
1, 1998.
(B) The School Facilities Commission shall adopt rules for 24,724
552
awarding grants to school districts with a valuation per pupil of 24,726
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 24,727
which is to improve access to such facilities by physically 24,728
handicapped persons. The rules shall include application 24,729
procedures. No school district shall be awarded a grant under 24,730
this section in excess of $100,000. In addition, any school 24,731
district shall be required to pay a percentage of the cost of the 24,732
project or which the grant is being awarded equal to the 24,733
percentile in which the district is ranked. 24,734
(C) The School Facilities Commission is hereby authorized 24,736
to transfer a portion of appropriation item CAP-622, Public 24,738
School Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 24,741
General Assembly, to CAP-777, Disability Access Projects, to 24,743
provide funds to make payments resulting from the approval of 24,744
applications for disability access granted received prior to 24,745
January 1, 1999. The amounts transferred are hereby
appropriated." 24,746
Section 63. That existing Sections 4.04, 4.06, 4.08, 4.11, 24,748
4.12, 4.16, 4.18, 7, 7.06, 7.10, 8, and 10 of Am. Sub. H.B. 282 24,749
of the 123rd General Assembly are hereby repealed. 24,751
Section 64. That Sections 4, 4.07, and 7.01 of Am. Sub. 24,753
H.B. 282 of the 123rd General Assembly, as amended by Sub. S.B. 24,754
245 of the 123rd General Assembly, be amended to read as follows: 24,755
"Sec. 4. EDU DEPARTMENT OF EDUCATION 24,762
General Revenue Fund 24,764
GRF 200-100 Personal Services $ 12,102,350 $ 12,145,000 24,769
GRF 200-320 Maintenance and 24,771
Equipment $ 8,939,904 $ 5,263,979 24,773
GRF 200-406 Head Start $ 96,992,016 $ 100,843,825 24,777
GRF 200-408 Public Preschool $ 19,066,606 $ 19,506,205 24,781
GRF 200-410 Professional 24,783
Development $ 27,293,834 $ 28,568,834 24,785
29,308,834 24,786
553
GRF 200-411 Family and Children 24,788
First $ 10,642,188 $ 10,642,188 24,790
GRF 200-416 Vocational Education 24,792
Match $ 2,325,916 $ 2,381,738 24,794
GRF 200-420 Technical Systems 24,796
Development $ 4,950,000 $ 3,850,000 24,798
GRF 200-421 ALTERNATIVE EDUCATION 24,800
PROGRAMS $ 0 $ 20,000,000 24,802
GRF 200-422 School Management 24,804
Assistance $ 1,387,186 $ 1,440,836 24,806
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 24,810
GRF 200-426 Ohio Educational 24,812
Computer Network $ 25,089,772 $ 37,004,086 24,814
GRF 200-431 School Improvement 24,816
Models $ 27,010,000 $ 26,925,000 24,818
31,487,000 24,819
GRF 200-432 School Conflict 24,821
Management $ 611,645 $ 621,524 24,823
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 24,827
17,192,045 24,828
GRF 200-441 American Sign 24,830
Language $ 231,449 $ 237,003 24,832
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 24,836
GRF 200-445 OhioReads 24,838
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 24,840
GRF 200-446 Education Management 24,842
Information System $ 13,799,674 $ 12,649,674 24,844
GRF 200-447 GED Testing/Adult 24,846
High School $ 2,033,187 $ 2,081,983 24,848
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 24,852
4,645,000 24,853
GRF 200-500 School Finance Equity $ 47,608,196 $ 33,756,194 24,857
47,568,669 24,858
554
GRF 200-501 Base Cost Funding $3,469,673,294 $3,794,843,963 24,862
GRF 200-502 Pupil Transportation $ 266,080,719 $ 291,182,101 24,866
292,982,101 24,867
GRF 200-503 Bus Purchase 24,869
Allowance $ 38,132,291 $ 39,047,466 24,871
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 24,875
GRF 200-509 Adult Literacy 24,877
Education $ 9,361,964 $ 9,586,651 24,879
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 24,883
GRF 200-513 Summer Intervention $ 15,500,000 $ 15,500,000 24,887
GRF 200-514 Post-Secondary/Adult 24,889
Vocational Education $ 21,254,866 $ 23,230,243 24,891
GRF 200-520 Disadvantaged Pupil 24,893
Impact Aid $ 390,708,953 $ 390,708,953 24,895
370,708,953 24,896
GRF 200-521 Gifted Pupil Program $ 41,923,505 $ 44,060,601 24,900
GRF 200-524 Educational 24,902
Excellence and
Competency $ 13,548,666 $ 11,934,667 24,904
GRF 200-532 Nonpublic 24,906
Administrative Cost
Reimbursement $ 48,062,292 $ 51,474,714 24,908
48,101,819 24,909
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 24,913
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 24,917
GRF 200-540 Special Education 24,919
Enhancements $ 127,842,848 $ 139,220,164 24,921
GRF 200-545 Vocational Education 24,923
Enhancements $ 30,793,259 $ 32,662,107 24,925
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 14,000,000 24,929
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 24,933
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 24,937
GRF 200-552 County MR/DD Boards 24,939
Vehicle Purchases $ 1,627,152 $ 1,666,204 24,941
555
GRF 200-553 County MR/DD Boards 24,943
Transportation
Operating $ 8,326,400 $ 9,575,910 24,945
GRF 200-558 Emergency Loan 24,947
Interest Subsidy $ 6,940,447 $ 5,470,150 24,949
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 24,953
GRF 200-570 School Improvement 24,955
Incentive Grants $ 10,000,000 $ 10,000,000 24,957
GRF 200-572 Teacher Incentive 24,959
Grants $ 5,000,000 $ 0 24,961
GRF 200-573 Character Education $ 1,050,000 $ 1,050,000 24,965
GRF 200-574 Substance Abuse 24,967
Prevention $ 2,300,000 $ 2,420,000 24,969
GRF 200-575 12th Grade 24,971
Proficiency Stipend $ 17,500,000 $ 17,500,000 24,973
GRF 200-580 River Valley School 24,975
Environmental Issues $ 350,000 $ 0 24,977
GRF 200-901 Property Tax 24,979
Allocation -
Education $ 636,200,000 $ 673,960,000 24,981
GRF 200-906 Tangible Tax 24,983
Exemption - Education $ 69,000,000 $ 71,000,000 24,985
TOTAL GRF General Revenue Fund $5,749,221,283 $6,176,135,110 24,988
6,185,882,109 24,989
General Services Fund Group 24,992
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 24,997
4D1 200-602 Ohio 24,999
Prevention/Education
Resource Center $ 310,000 $ 325,000 25,001
4L2 200-681 Teacher Certification 25,003
and Licensure $ 3,774,544 $ 3,880,232 25,005
452 200-638 Miscellaneous Revenue $ 1,045,000 $ 1,045,000 25,009
5H3 200-687 School District 25,011
Solvency Assistance $ 30,000,000 $ 30,000,000 25,013
556
596 200-656 Ohio Career 25,015
Information System $ 699,399 $ 718,084 25,017
TOTAL GSF General Services 25,018
Fund Group $ 40,084,010 $ 40,342,525 25,021
Federal Special Revenue Fund Group 25,024
309 200-601 Educationally 25,027
Disadvantaged $ 14,444,213 $ 14,872,241 25,029
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 25,032
3H9 200-605 Head Start 25,034
Collaboration Project $ 250,000 $ 250,000 25,036
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 25,040
3T4 200-613 Public Charter 25,042
Schools $ 3,157,895 $ 4,725,000 25,044
368 200-614 Veterans' Training $ 609,517 $ 626,584 25,048
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 25,052
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 25,056
3L7 200-618 Federal School 25,058
Breakfast $ 40,500,000 $ 44,500,000 25,060
3L8 200-619 Child and Adult Care 25,062
Programs $ 58,600,000 $ 58,600,000 25,064
3L9 200-621 Vocational Education 25,066
Basic Grant $ 55,583,418 $ 57,139,754 25,068
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 25,072
370 200-624 Education of All 25,074
Handicapped Children $ 1,594,949 $ 1,320,000 25,076
3T5 200-625 Coordinated School 25,078
Health $ 536,437 $ 536,437 25,080
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 25,084
371 200-631 EEO Title IV $ 488,052 $ 508,917 25,088
374 200-647 E.S.E.A. Consolidated 25,090
Grants $ 107,096 $ 110,094 25,092
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 25,096
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 25,100
557
378 200-660 Math/Science 25,102
Technology
Investments $ 11,686,926 $ 12,271,272 25,104
3C5 200-661 Federal Dependent 25,106
Care Programs $ 17,996,709 $ 17,996,709 25,108
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 25,112
3D2 200-667 Honors Scholarship 25,114
Program $ 1,976,400 $ 2,371,680 25,116
3E2 200-668 AIDS Education 25,118
Project $ 620,774 $ 620,774 25,120
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 25,124
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 25,128
3M2 200-680 Ind W/Disab Education 25,130
Act $ 143,000,000 $ 162,000,000 25,132
3P9 200-686 SRRC/FRC Evaluation 25,134
Project $ 51,350 $ 52,788 25,136
TOTAL FED Federal Special 25,137
Revenue Fund Group $1,047,734,334 $1,058,503,656 25,140
State Special Revenue Fund Group 25,143
4M4 200-637 Emergency Service 25,146
Telecommunication
Training $ 762,548 $ 783,899 25,148
4R7 200-695 Indirect Cost 25,150
Recovery $ 2,868,561 $ 2,948,881 25,152
4V7 200-633 Interagency 25,154
Vocational Support $ 645,359 $ 663,429 25,156
454 200-610 Guidance and Testing $ 503,912 $ 516,484 25,160
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 25,164
5B1 200-651 Child Nutrition 25,166
Services $ 2,500,000 $ 2,500,000 25,168
598 200-659 Auxiliary Services 25,170
Mobile Units $ 1,292,714 $ 1,328,910 25,172
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 25,176
TOTAL SSR State Special Revenue 25,177
558
Fund Group $ 18,073,094 $ 18,241,603 25,180
Lottery Profits Education Fund Group 25,183
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 25,188
017 200-682 Lease Rental Payment 25,190
Reimbursement $ 29,753,000 $ 29,733,000 25,192
TOTAL LPE Lottery Profits 25,193
Education Fund Group $ 686,000,000 $ 690,200,000 25,196
TOTAL ALL BUDGET FUND GROUPS $7,541,112,721 $7,983,422,894 25,199
7,993,169,893 25,200
Sec. 4.07. School Improvement Models 25,208
The foregoing appropriation item 200-431, School 25,210
Improvement Models, shall be used by the Department of Education 25,211
to continue to support the creation of a statewide network of 25,212
school improvement sites by providing competitive venture capital 25,213
grants to schools that demonstrate the capacity to invent or 25,214
adapt school improvement models. The department shall showcase 25,215
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 25,216
administrators and teachers outside the district can benefit from 25,218
the knowledge gained at these sites. Up to $8,850,000 in fiscal
year 2000 shall be used to provide grants of $25,000 to 354 25,219
schools and up to $6,225,000 in fiscal year 2001 shall be used to 25,220
provide grants of $25,000 to 249 schools. 25,221
The Superintendent of Public Instruction shall assess 25,224
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 25,225
No. 215 of the 122nd General Assembly. These assessments shall 25,227
be compiled into a report to the Speaker of the House of 25,228
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 25,229
education and finance. 25,230
Of the foregoing appropriation item 200-431, School 25,232
Improvement Models, $5,000,000 IN FISCAL YEAR 2000 AND $5,500,000 25,233
IN FISCAL YEAR 2001 shall be used in each fiscal year for the 25,235
559
development and distribution of school report cards pursuant to 25,236
section 3302.03 of the Revised Code and, FOR the development of 25,237
core competencies for the proficiency tests, AND TO SUPPORT THE 25,238
GOVERNOR'S COMMISSION FOR STUDENT SUCCESS. 25,239
Of the foregoing appropriation item 200-431, School 25,241
Improvement Models, $250,000 in each fiscal year shall be used 25,242
for the development and operation of a Safe Schools Center. The 25,243
Department of Education shall oversee the creation of a center to 25,244
serve as a coordinating entity to assist school district 25,245
personnel, parents, juvenile justice representatives, and law 25,246
enforcement in identifying effective strategies and services for 25,247
improving school safety and reducing threats to the security of 25,248
students and school personnel.
Of the foregoing appropriation item 200-431, School 25,250
Improvement Models, up to $1,800,000 in each fiscal year shall be 25,251
used for a safe-school help line program for students, parents, 25,252
and the community to report threats to the safety of students or 25,253
school personnel. The Department of Education shall distribute 25,254
funds, in accordance with criteria established by it, to school
districts whose superintendents indicate the program will be a 25,255
meaningful aid to school security. 25,256
Of the foregoing appropriation item 200-431, School 25,258
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 25,259
in fiscal year 2001 shall be used to provide technical assistance 25,260
to school districts that are declared to be in a state of 25,261
academic watch or academic emergency under section 3302.03 of the 25,262
Revised Code to develop their continuous improvement plans as
required in section 3302.04 of the Revised Code. 25,263
Of the foregoing appropriation item 200-431, School 25,265
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 25,266
12,262,000 in fiscal year 2001 shall be used for professional 25,268
development in literacy for classroom teachers, administrators, 25,269
and literacy specialists.
Of the foregoing appropriation item 200-431, School 25,271
560
Improvement Models, up to $110,000 in fiscal year 2000 and up to 25,273
$150,000 in fiscal year 2001 shall be used to support a teacher
in residence at the Governor's office and related support staff, 25,274
travel expenses, and administrative overhead. 25,275
School Conflict Management 25,277
Of the foregoing appropriation item 200-432, School 25,279
Conflict Management, amounts shall be used by the Department of 25,280
Education for the purpose of providing dispute resolution and 25,281
conflict management training, consultation, and materials for 25,282
school districts, and for the purpose of providing competitive 25,283
school conflict management grants to school districts. 25,284
The Department of Education shall assist the Commission on 25,286
Dispute Resolution and Conflict Management in the development and 25,287
dissemination of the school conflict management program. The 25,289
assistance provided by the Department of Education shall include 25,290
the assignment of a full-time employee of the department to the 25,291
Commission on Dispute Resolution and Conflict Management to 25,292
provide technical and administrative support to maximize the 25,293
quality of dispute resolution and conflict management programs 25,294
and services provided to school districts. 25,295
Student Proficiency 25,297
The foregoing appropriation item 200-437, Student 25,299
Proficiency, shall be used to develop, field test, print, 25,300
distribute, score, and report results from the tests required 25,301
under sections 3301.0710 and 3301.0711 of the Revised Code and 25,303
for similar purposes as required by section 3301.27 of the 25,304
Revised Code.
American Sign Language 25,306
Of the foregoing appropriation item 200-441, American Sign 25,308
Language, up to $150,000 in each fiscal year shall be used to 25,310
implement pilot projects for the integration of American Sign 25,311
Language deaf language into the kindergarten through 25,312
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 25,314
561
Department of Education to provide supervision and consultation 25,315
to school districts in dealing with parents of handicapped 25,316
children who are deaf or hard of hearing, in integrating American 25,317
Sign Language as a foreign language, and in obtaining 25,318
interpreters and improving their skills. 25,319
Child Care Licensing 25,321
The foregoing appropriation item 200-442, Child Care 25,323
Licensing, shall be used by the Department of Education to 25,324
license and to inspect preschool and school-age child care 25,325
programs in accordance with sections 3301.52 to 3301.59 of the 25,326
Revised Code.
OhioReads Admin/Volunteer Support 25,328
The foregoing appropriation item 200-445, OhioReads 25,330
Admin/Volunteer Support, may be allocated by the OhioReads 25,331
Council for volunteer coordinators in public school buildings, to 25,332
educational service centers for costs associated with volunteer 25,333
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 25,334
administering the program. 25,335
Sec. 7.01. Instructional Subsidy Formula 25,342
As soon as practicable during each fiscal year of the 25,344
1999-2001 biennium in accordance with instructions of the Ohio 25,345
Board of Regents, each state-assisted institution of higher 25,346
education shall report its actual enrollment to the Ohio Board of 25,347
Regents. 25,348
The Ohio Board of Regents shall establish procedures 25,350
required by the system of formulas set out below and for the 25,351
assignment of individual institutions to categories described in 25,352
the formulas. The system of formulas establishes the manner in 25,353
which aggregate expenditure requirements shall be determined for 25,354
each of the three components of institutional operations. In 25,355
addition to other adjustments and calculations described below, 25,356
the subsidy entitlement of an institution shall be determined by 25,357
subtracting from the institution's aggregate expenditure 25,358
562
requirements income to be derived from the local contributions 25,359
assumed in calculating the subsidy entitlements. The local 25,360
contributions for purposes of determining subsidy support shall 25,361
not limit the authority of the individual boards of trustees to 25,362
establish fee levels. 25,363
The General Studies and Technical models shall be adjusted 25,365
by the Board of Regents so that the share of state subsidy earned 25,366
by those models is not altered by changes in the overall local 25,367
share. A lower-division fee differential shall be used to 25,368
maintain the relationship that would have occurred between these 25,369
models and the Baccalaureate models had an assumed share of 25,370
thirty-seven per cent been funded. 25,371
In defining the number of full-time equivalent students for 25,373
state subsidy purposes, the Ohio Board of Regents shall exclude 25,374
all undergraduate students who are not residents of Ohio, except 25,375
those charged in-state fees in accordance with reciprocity 25,376
agreements made pursuant to section 3333.17 of the Revised Code. 25,377
(A) Aggregate Expenditure Per Full-Time Equivalent Student 25,379
(1) Instruction and Support Services 25,381
Model FY 2000 FY 2001 25,384
General Studies I $ 3,680 $ 3,762 25,386
General Studies II $ 4,060 $ 4,305 25,388
General Studies III $ 5,141 $ 5,259 25,390
Technical I $ 4,702 $ 5,012 25,392
Technical III $ 8,088 $ 8,477 25,394
Baccalaureate I $ 6,301 $ 6,611 25,396
Baccalaureate II $ 7,287 $ 7,582 25,398
Baccalaureate III $ 10,417 $ 10,574 25,400
Masters and Professional I $ 11,788 $ 12,300 25,402
Masters and Professional II $ 17,020 $ 17,558 25,404
Masters and Professional III $ 22,976 $ 23,214 25,406
Doctoral I $ 19,495 $ 19,647 25,408
Doctoral II $ 25,066 $ 25,840 25,410
Medical I $ 27,250 $ 27,709 25,412
563
Medical II $ 38,309 $ 39,323 25,414
(2) Student Services 25,417
For this purpose full-time equivalent counts shall be 25,419
weighted to reflect differences among institutions in the numbers 25,420
of students enrolled on a part-time basis. 25,421
FY 2000 FY 2001 25,423
All Expenditure Models $ 556 $ 594 25,424
(B) Plant Operation and Maintenance (POM) 25,426
(1) Determination of the Square-Foot Based POM Subsidy 25,428
Space undergoing renovation shall be funded at the rate 25,430
allowed for storage space. 25,431
In the calculation of square footage for each campus, 25,433
square footage shall be weighted to reflect differences in space 25,434
utilization.
The space inventories for each campus shall be those 25,436
determined in the fiscal year 1997 instructional subsidy, 25,437
adjusted for changes attributable to the construction or 25,438
renovation of facilities for which state appropriations were made 25,439
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 25,441
operation in fiscal year 2000 or fiscal year 2001 that is not 25,442
otherwise replaced by a campus shall be deleted from the fiscal 25,443
year 1997 inventory.
The square-foot based plant operation and maintenance 25,445
subsidy for each campus shall be determined as follows: 25,446
(a) For each standard room type category shown below, the 25,448
subsidy-eligible net assignable square feet (NASF) for each 25,449
campus shall be multiplied by the following rates, and the 25,451
amounts summed for each campus to determine the total gross 25,452
square-foot based POM expenditure requirement:
FY 2000 FY 2001 25,454
Classrooms $5.18 $5.33 25,455
Laboratories $6.45 $6.64 25,456
Offices $5.18 $5.33 25,457
564
Audio Visual Data Processing $6.45 $6.64 25,458
Storage $2.30 $2.36 25,459
Circulation $6.53 $6.72 25,460
Other $5.18 $5.33 25,461
(b) The total gross square-foot POM expenditure 25,464
requirement shall be allocated to models in proportion to 25,465
full-time equivalent (FTE) enrollments as reported in enrollment 25,467
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 25,469
above shall be multiplied by the ratio of subsidy-eligible FTE 25,471
students to total FTE students reported in each model, and the 25,473
amounts summed for all models. To this total amount shall be 25,474
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 25,475
(2) Determination of the Activity-Based POM Subsidy 25,477
(a) The number of subsidy-eligible FTE students in each 25,479
model shall be multiplied by the following rates for each campus 25,481
for each fiscal year.
FY 2000 FY 2001 25,484
General Studies I $ 488 $ 488 25,486
General Studies II $ 563 $ 584 25,488
General Studies III $1,237 $1,217 25,490
Technical I $ 555 $ 553 25,492
Technical II $1,128 $1,175 25,494
Baccalaureate I $ 641 $ 655 25,496
Baccalaureate II $1,067 $1,109 25,498
Baccalaureate III $1,578 $1,598 25,500
Masters and Professional I $ 995 $1,022 25,502
Masters and Professional II $1,742 $1,895 25,504
Masters and Professional III $2,620 $2,614 25,506
Doctoral I $1,433 $1,382 25,508
Doctoral II $2,502 $2,613 25,510
Medical I $2,389 $2,485 25,512
Medical II $3,458 $3,362 25,514
565
(b) The sum of the products for each campus determined in 25,517
division (B)(2)(a) for all models except Doctoral I and Doctoral 25,518
II for each fiscal year shall be weighted by a factor to reflect 25,519
sponsored research activity and job-training related public 25,520
services expenditures to determine the total activity-based POM 25,521
subsidy.
(C) Calculation of Core Subsidy Entitlements and 25,523
Adjustments
(1) Calculation of Core Subsidy Entitlements 25,525
The calculation of the core subsidy entitlement shall 25,527
consist of the following components: 25,528
(a) For each campus and for each fiscal year, the core 25,530
subsidy entitlement shall be determined by multiplying the 25,531
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 25,533
assumed local contributions, by (i) average subsidy-eligible 25,534
full-time equivalents for the two-year period ending in the prior 25,535
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 25,537
period ending in the prior year for all models except Doctoral I 25,538
and Doctoral II.
(b) In calculating the core subsidy entitlements for 25,540
Medical II models only, the board shall use the following count 25,541
of full-time equivalent students in place of the two-year average 25,542
and five-year average of subsidy-eligible students. 25,544
(i) For those medical schools whose current year 25,546
enrollment is below the base enrollment, the Medical II full-time 25,547
equivalent enrollment shall equal: 65 per cent of the base 25,548
enrollment plus 35 per cent of the current year enrollment, where 25,549
the base enrollment is: 25,550
The Ohio State University 1010 25,552
University of Cincinnati 833 25,553
Medical College of Ohio at 25,554
Toledo 650
Wright State University 433 25,555
566
Ohio University 433 25,556
Northeastern Ohio Universities 25,557
College of Medicine 433
(ii) For those medical schools whose current year 25,560
enrollment is equal to or greater than the base enrollment, the 25,561
Medical II full-time equivalent enrollment shall equal the 25,562
current enrollment. 25,563
(c) For all FTE-based subsidy calculations involving 25,565
all-terms FTE data, FTE-based allowances shall be converted from 25,567
annualized to annual rates to ensure equity and consistency of 25,569
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 25,572
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 25,573
The POM subsidy for each campus shall equal the greater of 25,575
the square-foot-based subsidy or the activity-based POM subsidy 25,576
component of the core subsidy entitlement, except that the total 25,578
activity-based POM subsidy shall not exceed 161 per cent of the 25,580
square-foot based POM subsidy in fiscal year 2000 and shall not 25,583
exceed 177 per cent of the square-foot-based subsidy in fiscal 25,584
year 2001. 25,585
(e) In fiscal year 2000, no more than 10.94 per cent of 25,587
the total instructional subsidy shall be reserved to implement 25,589
the recommendations of the Graduate Funding Commission. In 25,590
fiscal year 2001, no more than 10.75 per cent of the total 25,591
instructional subsidy shall be reserved for this same purpose. 25,592
It is the intent of the General Assembly that the doctoral 25,593
reserve be reduced 0.25 percentage points each year thereafter 25,594
until no more than 10.0 per cent of the total instructional 25,596
subsidy is reserved to implement the recommendations of the
Graduate Funding Commission. In fiscal year 2001, the Board of 25,597
Regents shall reallocate 2 per cent of the reserve among the 25,599
state-assisted universities on the basis of a quality review as
specified in the recommendations of the Graduate Funding 25,600
567
Commission. FOR THE PURPOSE OF CALCULATING THE ANNUAL GUARANTEE 25,601
IN FISCAL YEAR 2001, THE BOARD MAY USE THE FISCAL YEAR 2001 25,602
DOCTORAL SUBSIDY ALLOCATION UNADJUSTED FOR THE EFFECTS OF THE TWO 25,603
PER CENT REALLOCATION.
The amount so reserved shall be allocated to universities 25,605
in proportion to their share of the total number of Doctoral I 25,606
equivalent FTEs as calculated on an institutional basis using the 25,608
greater of the two-year or five-year FTEs for the period fiscal 25,610
year 1994 through fiscal year 1998 with annualized FTEs for 25,611
fiscal years 1994 through 1997 and all-term FTEs for fiscal year 25,612
1998 as adjusted to reflect the effects of doctoral review. For 25,614
the purposes of this calculation, Doctoral I equivalent FTEs 25,615
shall equal the sum of Doctoral I FTEs plus 1.5 times the sum of 25,617
Doctoral II FTEs. No university shall receive less for doctoral 25,618
subsidy in fiscal year 2000 than it received for doctoral subsidy 25,619
in fiscal year 1999. 25,620
(2) Annual Guaranteed Funding Increase 25,622
For the purposes of this section, for each year and for 25,624
each campus "Challenge subsidies" shall equal the sum of the 25,625
following allocations:
(a) Access Challenge, less amounts attributed to tuition 25,627
restraint;
(b) Research Challenge; 25,629
(c) Priorities in Graduate Education; 25,631
(d) Success Challenge; 25,633
(e) Jobs Challenge, less amounts earmarked for 25,635
"strategically related industries." 25,636
In addition to and after the other adjustments noted above, 25,638
in fiscal year 2000 each campus shall have its subsidy adjusted 25,639
to the extent necessary to provide an amount from the 25,640
instructional subsidy and Challenge subsidies that is not less 25,641
than 103 per cent of the sum of the instructional subsidy and the 25,642
Challenge subsidies received by the campus in fiscal year 1999. 25,643
In fiscal year 2001 each campus shall have its subsidy adjusted 25,645
568
to the extent necessary to provide an amount from the 25,646
instructional subsidy and Challenge subsidies that is not less 25,647
than 101 per cent of the sum of the instructional subsidy and the
Challenge subsidies received by the campus in fiscal year 2000. 25,649
(3) Capital Component Deduction 25,651
After all other adjustments have been made, instructional 25,653
subsidy earnings shall be reduced for each campus by the amount, 25,654
if any, by which debt service charged in Am. H.B. No. 748 of the 25,655
121st General Assembly and Am. Sub. H.B. No. 850 of the 122nd 25,657
General Assembly for that campus exceeds that campus' capital 25,658
component earnings.
(D) Reductions in Earnings 25,660
If total systemwide instructional subsidy earnings in any 25,662
fiscal year exceed total appropriations available for such 25,663
purposes, the Board of Regents shall proportionately reduce the 25,664
instructional subsidy earnings for all campuses by a uniform 25,665
percentage so that the systemwide sum equals available 25,666
appropriations.
(E) Exceptional Circumstances 25,668
Adjustments may be made to instructional subsidy payments 25,670
and other subsidies distributed by the Ohio Board of Regents to 25,671
state-assisted colleges and universities for exceptional 25,672
circumstances. No adjustments for exceptional circumstances may 25,673
be made without the recommendation of the chancellor and the 25,674
approval of the Controlling Board. 25,675
Distribution of Instructional Subsidy 25,677
The instructional subsidy payments to the institutions 25,679
shall be in substantially equal monthly amounts during the fiscal 25,680
year, unless otherwise determined by the Director of Budget and 25,681
Management pursuant to the provisions of section 126.09 of the 25,682
Revised Code. Payments during the first six months of the fiscal 25,683
year shall be based upon the instructional subsidy appropriation 25,684
estimates made for the various institutions of higher education 25,685
according to the Ohio Board of Regents enrollment estimates. 25,686
569
Payments during the last six months of the fiscal year shall be 25,687
distributed after approval of the Controlling Board upon the 25,688
request of the Ohio Board of Regents. 25,689
Law School Subsidy 25,691
The instructional subsidy to state supported universities 25,693
for students enrolled in law schools in fiscal year 2000 and 25,694
fiscal year 2001 shall be calculated by using the number of 25,695
subsidy eligible full-time equivalent law school students funded 25,696
by state subsidy in fiscal year 1995 or the actual number of 25,697
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less." 25,698
Section 65. That existing Sections 4, 4.07, and 7.01 of 25,700
Am. Sub. H.B. 282 of the 123rd General Assembly, as amended by 25,701
Sub. S.B. 245 of the 123rd General Assembly, are hereby repealed. 25,702
Section 66. That Sections 8, 9, 9.07, 9.14, 37.05, 37.06, 25,704
37.11, 51, 53, 55, 58.04, 58.09, 65, 68, 69.01, 72.01, 75, 92, 25,706
97, 98.01, 174, and 175 of Am. Sub. H.B. 283 of the 123rd General 25,708
Assembly be amended to read as follows:
"Sec. 8. ADJ ADJUTANT GENERAL 25,710
General Revenue Fund 25,712
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 25,717
GRF 745-403 Armory Deferred 25,719
Maintenance $ 800,000 $ 800,000 25,721
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 25,725
GRF 745-409 Central 25,727
Administration $ 3,910,435 $ 3,898,936 25,729
4,010,435 4,123,936 25,730
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 25,734
GRF 745-502 Ohio National Guard 25,736
Unit Fund $ 118,086 $ 121,392 25,738
TOTAL GRF General Revenue Fund $ 10,675,842 $ 10,661,725 25,741
10,775,842 10,886,725 25,742
General Services Fund Group 25,745
534 745-612 Armory Improvements $ 511,500 $ 523,776 25,750
570
536 745-620 Camp Perry Clubhouse 25,752
and Rental $ 996,340 $ 1,008,771 25,754
537 745-604 ONG Maintenance $ 205,163 $ 209,847 25,758
TOTAL GSF General Services Fund 25,759
Group $ 1,713,003 $ 1,742,394 25,762
Federal Special Revenue Fund Group 25,765
3E8 745-628 Air National Guard 25,768
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 25,770
3R8 745-603 Counter Drug 25,772
Operations $ 100,000 $ 100,000 25,774
3S0 745-602 Higher Ground 25,776
Training $ 35,000 $ 35,000 25,778
341 745-615 Air National Guard 25,780
Base Security $ 2,008,925 $ 1,992,760 25,782
342 745-616 Army National Guard 25,784
Service Agreement $ 4,370,403 $ 4,439,930 25,786
343 745-619 Army National Guard 25,788
Training Site
Agreement $ 2,734,477 $ 2,781,245 25,790
TOTAL FED Federal Special Revenue 25,791
Fund Group $ 20,429,107 $ 20,598,733 25,794
State Special Revenue Fund Group 25,797
528 745-605 Marksmanship 25,799
Activities $ 61,600 $ 63,078 25,801
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 25,804
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,879,552 $ 33,065,930 25,809
32,979,552 33,290,930 25,810
Armory Deferred Maintenance 25,813
Of the foregoing appropriation item 745-403, Armory 25,815
Deferred Maintenance, all disbursements shall be made based on a 25,816
spending plan approved by the Director of Budget and Management. 25,817
CENTRAL ADMINISTRATION 25,819
571
OF THE FOREGOING APPROPRIATION ITEM 745-409, CENTRAL 25,822
ADMINISTRATION, $100,000 IN FISCAL YEAR 2000 AND $225,000 IN
FISCAL YEAR 2001 SHALL BE USED TO MARKET AND ADVERTISE THE 25,823
NATIONAL GUARD TUITION GRANT PROGRAM. 25,824
Marksmanship Activities 25,826
On July 1, 1999, or as soon thereafter as possible, the 25,828
Director of Budget and Management shall transfer the cash balance 25,829
in the Marksmanship Program (Fund 340) to Marksmanship Activities 25,830
(Fund 528), and Fund 340 is hereby abolished. The director shall 25,831
cancel any existing encumbrances against appropriation item 25,832
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 25,833
528). The amounts of the reestablished encumbrances are hereby 25,834
appropriated.
Sec. 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 25,836
General Revenue Fund 25,838
GRF 100-402 Unemployment 25,841
Compensation $ 130,591 $ 134,069 25,843
GRF 100-405 Agency Audit Expenses $ 672,767 $ 770,956 25,847
GRF 100-406 County & University 25,849
Human Resources
Services $ 1,263,419 $ 1,244,851 25,851
GRF 100-409 Departmental 25,853
Information Services $ 1,518,558 $ 1,489,757 25,855
1,060,904 25,857
GRF 100-410 Veterans' Records 25,859
Conversion $ 500,000 $ 500,000 25,861
GRF 100-414 Ohio Geographically 25,863
Referenced
Information Program $ 642,224 $ 659,227 25,865
GRF 100-416 Strategic Technology 25,867
Development Programs $ 4,293,290 $ 4,438,593 25,869
6,253,438 25,870
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 25,874
572
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 25,878
GRF 100-420 Innovation Ohio $ 150,000 $ 150,000 25,882
GRF 100-433 State of Ohio 25,884
Computer Center $ 5,090,081 $ 5,204,349 25,886
GRF 100-439 Equal Opportunity 25,888
Certification
Programs $ 730,719 $ 742,501 25,890
GRF 100-447 OBA - Building Rent 25,892
Payments $ 89,400,000 $ 97,335,000 25,894
GRF 100-448 OBA - Building 25,896
Operating Payments $ 25,498,000 $ 25,498,000 25,898
GRF 100-449 DAS - Building 25,900
Operating Payments $ 6,212,392 $ 5,620,548 25,902
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 25,906
GRF 100-734 Major Maintenance $ 77,000 $ 77,000 25,910
GRF 102-321 Construction 25,912
Compliance $ 1,291,392 $ 1,289,131 25,914
GRF 130-321 State Agency Support 25,916
Services $ 3,938,112 $ 3,994,685 25,918
TOTAL GRF General Revenue Fund $ 153,072,645 $ 160,898,151 25,921
162,284,143 25,923
General Services Fund Group 25,926
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 25,931
115 100-632 Central Service 25,933
Agency $ 389,317 $ 398,151 25,935
117 100-644 General Services 25,937
Division - Operating $ 6,152,252 $ 5,836,960 25,939
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 25,943
125 100-622 Human Resources 25,945
Division - Operating $ 21,101,973 $ 19,484,369 25,947
22,218,169 25,949
127 100-627 Vehicle Liability 25,951
Insurance $ 4,160,053 $ 4,276,001 25,953
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 25,957
573
130 100-606 Risk Management 25,959
Reserve $ 109,611 $ 112,497 25,961
131 100-639 State Architect's 25,963
Office $ 6,154,743 $ 6,066,535 25,965
132 100-631 DAS Building 25,967
Management $ 10,584,283 $ 10,327,827 25,969
188 100-649 Equal Opportunity 25,971
Programs $ 2,194,260 $ 2,228,255 25,973
201 100-653 General Services 25,975
Resale Merchandise $ 1,978,768 $ 2,034,174 25,977
210 100-612 State Printing $ 6,157,561 $ 6,322,592 25,981
4H2 100-604 Governor's Residence 25,983
Gift $ 21,622 $ 22,141 25,985
4P3 100-603 Departmental MIS 25,987
Services $ 6,493,349 $ 7,312,130 25,989
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 25,993
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 25,997
TOTAL GSF General Services Fund 25,998
Group $ 80,671,412 $ 79,887,370 26,001
82,621,170 26,003
Federal Special Revenue Fund Group 26,006
307 100-633 Federal Special 26,009
Revenue $ 183,000 $ 79,000 26,011
TOTAL FED Federal Special Revenue 26,012
Fund Group $ 183,000 $ 79,000 26,015
State Special Revenue Fund Group 26,018
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 26,022
5L7 100-610 PROFESSIONAL 26,024
DEVELOPMENT $ 0 $ 2,700,000 26,025
TOTAL SSR State Special Revenue 26,026
Fund Group $ 12,000,000 $ 12,000,000 26,029
14,700,000 26,031
Intragovernmental Service Fund Group 26,034
574
133 100-607 Information 26,037
Technology Fund $ 84,187,514 $ 85,726,824 26,039
4N6 100-617 Major Computer 26,041
Purchases $ 19,016,469 $ 19,472,864 26,043
TOTAL ISF Intragovernmental 26,044
Service Fund Group $ 103,203,983 $ 105,199,688 26,047
Agency Fund Group 26,050
113 100-628 Unemployment 26,053
Compensation $ 4,884,530 $ 5,128,757 26,055
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 26,059
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 26,062
Holding Account Redistribution Fund Group 26,065
R08 100-646 General Services 26,068
Refunds $ 20,000 $ 20,000 26,070
TOTAL 090 Holding Account 26,071
Redistribution Fund Group $ 20,000 $ 20,000 26,074
TOTAL ALL BUDGET FUND GROUPS $2,139,035,570 $2,237,462,966 26,077
2,244,282,758 26,078
Sec. 9.07. Collective Bargaining Arbitration Expenses 26,081
With approval of the Director of Budget and Management, the 26,083
Department of Administrative Services may seek reimbursement from 26,084
state agencies for the actual costs and expenses the department 26,085
incurs in the collective bargaining arbitration process. Such 26,086
reimbursements shall be processed through intrastate transfer 26,087
vouchers and placed in the Collective Bargaining Fund (Fund 128). 26,088
Workforce Development Fund 26,090
There is hereby established in the state treasury the 26,092
Workforce Development Fund (Fund 5D7). The foregoing 26,093
appropriation item 100-621, Workforce Development, shall be used 26,094
to make payments from the fund. The fund shall be under the 26,095
supervision of the Department of Administrative Services, which 26,096
may adopt rules with regard to the administration of the fund. 26,097
The fund shall be used to pay the costs of the Workforce 26,098
Development Program established by Article 37 of the contract 26,099
575
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 26,100
March 1, 1997. The program shall be administered in accordance 26,101
with the contract. Revenues shall accrue to the fund as 26,102
specified in the contract. The fund may be used to pay direct 26,103
and indirect costs of the program that are attributable to staff, 26,104
consultants, and service providers. All income derived from the 26,105
investment of the fund shall accrue to the fund. 26,106
If it is determined by the Director of Administrative 26,108
Services that additional appropriation amounts are necessary, the 26,109
Director of Administrative Services may request that the Director 26,110
of Budget and Management increase such amounts. Such amounts are 26,111
hereby appropriated. 26,112
PROFESSIONAL DEVELOPMENT FUND 26,115
THE FOREGOING APPROPRIATION ITEM 100-610, PROFESSIONAL 26,118
DEVELOPMENT, SHALL BE USED TO MAKE PAYMENTS FROM THE PROFESSIONAL 26,119
DEVELOPMENT FUND (FUND 5L7). IF IT IS DETERMINED BY THE DIRECTOR 26,120
OF ADMINISTRATIVE SERVICES THAT ADDITIONAL APPROPRIATION 26,121
AUTHORITY IS NECESSARY, THE DIRECTOR OF ADMINISTRATIVE SERVICES 26,123
MAY REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT INCREASE 26,124
SUCH AMOUNTS. SUCH AMOUNTS ARE HEREBY APPROPRIATED. 26,125
DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY 26,128
WHENEVER THE DIRECTOR OF ADMINISTRATIVE SERVICES DECLARES A 26,131
"PUBLIC EXIGENCY," AS PROVIDED IN DIVISION (C) OF SECTION 123.15 26,132
OF THE REVISED CODE, AS AMENDED BY AM. SUB. H. B. 640 OF THE 26,133
123rd GENERAL ASSEMBLY, THE DIRECTOR MUST ALSO NOTIFY THE MEMBERS 26,134
OF THE CONTROLLING BOARD. 26,135
Sec. 9.14. Departmental MIS AND GOVERNOR'S COUNCIL FOR 26,139
E-COMMERCE
The foregoing appropriation item 100-603, Departmental MIS 26,141
Services, may be used to pay operating expenses of management 26,142
information systems activities in the Department of 26,143
Administrative Services. The Department of Administrative 26,144
Services shall establish charges for recovering the costs of 26,145
management information systems activities. These charges shall 26,146
576
be deposited to the credit of the Departmental MIS Fund (Fund 26,147
4P3), which is hereby created. 26,148
Notwithstanding any other language to the contrary, the 26,150
Director of Budget and Management may transfer up to $3,725,928 26,151
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 26,152
year 2001 appropriations from appropriation item 100-603, 26,153
Departmental MIS Services, to any Department of Administrative 26,154
Services non-General Revenue Fund appropriation item. The 26,156
appropriations transferred shall be used to make payments for 26,157
management information systems services. Notwithstanding any 26,158
other language to the contrary, the Director of Budget and 26,159
Management may transfer up to $654,383 of fiscal year 2000 26,160
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 26,161
Information Services, to any Department of Administrative 26,162
Services appropriation item in the General Revenue Fund. The 26,163
appropriations transferred shall be used to make payments for 26,164
management information systems services. 26,165
OF THE FOREGOING APPROPRIATION ITEM 100-416, STRATEGIC 26,168
TECHNOLOGY DEVELOPMENT PROGRAMS, $1,814,845 SHALL BE USED IN 26,169
FISCAL YEAR 2001 TO SUPPORT THE ACTIVITIES OF THE GOVERNOR'S 26,170
COUNCIL FOR ELECTRONIC COMMERCE. 26,171
Sec. 37.05. First Frontier Match 26,173
The foregoing appropriation item 195-414, First Frontier 26,175
Match, shall be used as matching funds to TARGETED counties for 26,177
the purpose of marketing state, regional, and/or local 26,180
characteristics which may attract economic development. In each 26,181
fiscal year, the Director of Development shall allocate no less 26,182
than $400,000 of the foregoing appropriation to marketing 26,184
programs by targeted TARGETED counties, which are defined as 26,187
counties that have a population of less than 175,000 residents. 26,188
The balance of the appropriation may be used either for marketing 26,190
programs by individual targeted counties or regional marketing 26,191
campaigns, which are defined as marketing programs in which at 26,193
577
least one targeted county is participating with one or more other 26,194
targeted counties or larger counties. In the event that, during 26,195
a fiscal year, targeted counties are unable to utilize the full
amount of funds allocated by the director specifically for 26,196
targeted county programs, the Director of Development may 26,197
reallocate the unutilized balance of funds to regional marketing 26,198
campaigns.
Regional Offices and Economic Development 26,200
The foregoing appropriation item 195-415, Regional Offices 26,202
and Economic Development, shall be used for the operating 26,203
expenses of the Economic Development Division and the Regional 26,204
Economic Development Offices and for grants for cooperative 26,205
economic development ventures. 26,206
Of the foregoing appropriation item 195-415, Regional 26,208
Offices and Economic Development, $45,000 in each fiscal year 26,209
shall be used for the Northeast Midwest Institute. 26,210
Sec. 37.06. Governor's Office of Appalachian Ohio 26,212
Of the THE foregoing appropriation item 195-416, Governor's 26,214
Office of Appalachia, shall be used for the administrative costs 26,217
of planning and liaison activities for the Governor's Office of 26,219
Appalachian Ohio. Funds not expended for liaison and training 26,221
activities may be expended for special project grants within the 26,222
Appalachian Region. 26,223
Of the foregoing appropriation item 195-416, Governor's 26,225
Office of Appalachia, up to $250,000 each fiscal year shall be 26,227
used to match federal funds from the Appalachian Development 26,229
Commission to provide job training to impact the Appalachian 26,231
Region.
Of the foregoing appropriation item 195-416, Governor's 26,233
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 26,234
used for the Foundation for Appalachian Ohio. The foundation 26,235
shall match the state's contribution on a dollar-for-dollar 26,236
basis.
OF THE FOREGOING APPROPRIATION ITEM 195-416, GOVERNOR'S 26,239
578
OFFICE OF APPALACHIA, $4,400,000 IN FISCAL YEAR 2001 SHALL BE 26,240
USED IN CONJUNCTION WITH OTHER FEDERAL AND STATE FUNDS TO PROVIDE
FINANCIAL ASSISTANCE TO PROJECTS IN OHIO'S APPALACHIAN COUNTIES 26,241
IN ORDER TO FURTHER THE GOALS OF THE APPALACHIAN REGIONAL 26,243
COMMISSION. SUCH PROJECTS AND PROJECT SPONSORS SHALL MEET 26,244
APPALACHIAN REGIONAL COMMISSION ELIGIBILITY REQUIREMENTS. GRANTS 26,245
SHALL BE ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT. 26,246
Urban/Rural Initiative 26,248
The foregoing appropriation item 195-417, Urban/Rural 26,250
Initiative, shall be used to make grants in accordance with 26,251
sections 122.19 to 122.22 of the Ohio Revised Code. 26,252
Technology Action 26,254
Prior to the release of funds from appropriation item 26,256
195-422, Technology Action, each grant award shall first obtain 26,257
approval from eight members of the Technology Action Board and 26,258
from the Controlling Board. 26,259
(A) The Technology Action Board shall consist of fourteen 26,261
members appointed by the Governor, with the advice and consent of 26,262
the Senate. Six members of this board shall be recognized 26,263
technology and business leaders from the following sectors 26,264
covering the state: Northeast, Southeast, Northwest, Central, 26,265
Southwest, and the Miami Valley Area. One member shall come from 26,266
the Wright Patterson Air Force Laboratory, one member from the 26,267
NASA Glenn Research Center, one member from the Inter-University 26,268
Council, and one member shall be the current Director of the 26,269
Edison Centers Technology Council. The chair of the Technology 26,270
Action Board shall be the Governor's Science and Technology 26,271
Advisor, with staff and other support as needed from the 26,272
Department of Development's Technology Division and from the 26,273
Board of Regents' Academic and Access Division. In addition, the 26,274
directors of development and transportation (or their designees), 26,275
and the Chancellor of the Board of Regents (or designee) shall 26,276
serve as ex-officio members of the board.
(B) The Technology Action Board, in accordance with 26,278
579
Chapter 119. of the Revised Code, shall promulgate program rules 26,279
and develop guidelines for the release of funds. Grant proposals 26,280
shall be evaluated on, but not limited to, the following 26,281
criteria:
(1) Applicants are leveraging federal and industrial 26,283
support;
(2) The potential return on investment to the economy of 26,285
the state;
(3) Projects are able to become independent of state funds 26,287
within a short time period; and 26,288
(4) Focus on regional or statewide clusters of technology 26,290
strength or needs. 26,291
Of the foregoing appropriation item 195-422, Technology 26,293
Action, $250,000 in fiscal year 2000 shall be used for a 26,294
strategic competitive study for Wright Patterson Air Force Base. 26,295
These state funds shall leverage a minimum of $250,000 in 26,296
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 26,297
Of the foregoing appropriation item 195-422, Technology 26,299
Action, not more than $100,000 445,000 in each fiscal year shall 26,300
be used for operating expenditures in administering this program. 26,302
Of the foregoing appropriation item 195-422, Technology 26,304
Action, $100,000 in each fiscal year shall be used for the 26,305
Science and Technology Campus in Columbus. 26,306
Sec. 37.11. Travel and Tourism Grants 26,308
The foregoing appropriation item 195-507, Travel and 26,310
Tourism Grants, shall be used to provide grants to local 26,311
organizations to support various local travel and tourism events 26,312
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 26,314
Tourism Grants, up to $200,000 in each fiscal year of the 26,315
biennium may be used to support the outdoor dramas Trumpet in the 26,317
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 26,319
Drama; $5,000 in each fiscal year shall go to the Lake County 26,320
580
Visitors Bureau; $50,000 in fiscal year 2000 shall go to the
Mariemont Seventy-Fifth Anniversary Commemorative and Renewal 26,321
Project; $25,000 in each fiscal year shall go to the Underground 26,323
Railroad Freedom Center, Family History Documentation Program;
$50,000 in each fiscal year shall go to the Cincinnati Ballet; 26,324
$25,000 in each fiscal year shall go to the Ohio River Scenic 26,325
Trails; $75,000 in each fiscal year shall go to the Cincinnati 26,327
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 26,328
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 26,330
Committee, Inc.; $150,000 in fiscal year 2000 for the United 26,331
States International Air and Trade Show in Dayton; $100,000 in 26,332
each fiscal year for the Ohio Heritage Area Program; $40,000 in 26,333
fiscal year 2000 for the River Edges New Environment Renewal Plan 26,334
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 26,335
riverboat festival in Cincinnati; $85,000 IN FISCAL YEAR 2001 FOR 26,336
THE CLARK COUNTY HERITAGE CENTER; and $875,000 in fiscal year 26,338
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 26,340
to the International Center for the Preservation of Wild Animals. 26,341
Sec. 51. DOH DEPARTMENT OF HEALTH 26,343
General Revenue Fund 26,345
GRF 440-402 Osteoporosis 26,348
Awareness $ 50,000 $ 50,000 26,350
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 26,354
GRF 440-407 Encephalitis Control 26,356
Project $ 252,945 $ 256,462 26,358
GRF 440-412 Cancer Incidence 26,360
Surveillance System $ 877,770 $ 878,159 26,362
GRF 440-413 Ohio Health Care 26,364
Policy and Data $ 3,906,678 $ 3,906,678 26,366
GRF 440-416 Child and Family 26,368
Health Services $ 11,944,622 $ 11,755,121 26,370
GRF 440-418 Immunizations $ 7,448,718 $ 8,127,487 26,374
8,974,702 26,376
581
GRF 440-424 Kid's Card $ 250,000 $ 250,000 26,379
GRF 440-430 Adult Care Facilities $ 1,887,095 $ 1,869,142 26,383
GRF 440-439 Nursing Home Survey 26,385
and Certification $ 3,158,342 $ 3,236,913 26,387
GRF 440-444 AIDS Prevention/AZT $ 8,103,789 $ 8,807,580 26,391
GRF 440-445 Nurse Aide Program $ 636,819 $ 638,819 26,395
GRF 440-451 Prevention $ 6,301,944 $ 7,295,803 26,399
7,780,803 26,401
GRF 440-452 Child and Family 26,403
Health Care
Operations $ 1,018,628 $ 1,007,874 26,405
1,242,816 26,407
GRF 440-453 Quality Assurance $ 6,091,832 $ 6,114,889 26,411
8,814,195 26,413
GRF 440-457 Services to State 26,415
Employees $ 139,297 $ 138,800 26,417
GRF 440-459 Ohio Early Start $ 12,392,845 $ 12,393,128 26,421
GRF 440-461 Vital Statistics $ 3,679,597 $ 3,643,936 26,425
GRF 440-501 Local Health 26,427
Districts $ 4,059,968 $ 4,157,407 26,429
GRF 440-504 Poison Control 26,431
Network $ 447,000 $ 451,728 26,433
GRF 440-505 Medically Handicapped 26,435
Children $ 12,533,049 $ 12,533,049 26,437
8,206,586 26,438
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 26,442
263,801 26,443
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 26,447
GRF 440-508 Migrant Health $ 125,460 $ 128,471 26,451
GRF 440-509 Health Services 26,453
Agencies $ 300,000 $ 150,000 26,455
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 26,459
TOTAL GRF General Revenue Fund $ 88,208,819 $ 90,406,651 26,462
General Services Fund Group 26,465
582
142 440-618 General Operations $ 3,661,794 $ 3,395,177 26,470
211 440-613 Central Support 26,472
Indirect Costs $ 24,374,512 $ 25,014,398 26,474
473 440-622 Lab Operating 26,476
Expenses $ 3,788,586 $ 3,843,985 26,478
683 440-633 Employee Assistance 26,480
Program $ 1,143,630 $ 1,114,876 26,482
698 440-634 Nurse Aide Training $ 300,000 $ 307,800 26,486
TOTAL GSF General Services 26,487
Fund Group $ 33,268,522 $ 33,676,236 26,490
Federal Special Revenue Fund Group 26,493
320 440-601 Maternal Child Health 26,496
Block Grant $ 26,200,000 $ 26,855,000 26,498
387 440-602 Preventive Health 26,500
Block Grant $ 8,786,601 $ 8,786,601 26,502
389 440-604 Women, Infants, and 26,504
Children $ 177,000,000 $ 177,000,000 26,506
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 26,510
392 440-618 General Operations $ 63,328,268 $ 64,876,942 26,514
67,476,942 26,516
TOTAL FED Federal Special Revenue 26,517
Fund Group $ 295,174,513 $ 297,879,637 26,520
300,479,637 26,522
State Special Revenue Fund Group 26,525
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 26,530
4F9 440-610 Sickle Cell Disease 26,532
Control $ 966,867 $ 988,347 26,534
4G0 440-636 Heirloom Birth 26,536
Certificate $ 135,206 $ 138,853 26,538
4G0 440-637 Birth Certificate 26,540
Surcharge $ 51,400 $ 52,839 26,542
4L3 440-609 Miscellaneous 26,544
Expenses $ 445,000 $ 445,000 26,546
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 26,550
583
4V6 440-641 Save Our Sight $ 800,000 $ 800,000 26,553
1,200,000 26,555
470 440-618 General Operations $ 12,541,756 $ 12,320,915 26,559
471 440-619 Certificate of Need $ 321,962 $ 330,371 26,563
477 440-627 Medically Handicapped 26,565
Children Audit $ 1,600,000 $ 1,600,000 26,567
5B5 440-616 Quality, Monitoring, 26,569
and Inspection $ 740,973 $ 759,670 26,571
5C0 440-615 Alcohol Testing and 26,573
Permit $ 1,305,067 $ 1,325,113 26,575
5C1 440-642 TANF Family Planning $ 250,000 $ 250,000 26,579
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 26,583
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 26,587
610 440-626 Radiation Emergency 26,589
Response $ 920,982 $ 921,584 26,590
666 440-607 Medically Handicapped 26,592
Children-County
Assessments $ 14,433,293 $ 14,039,889 26,594
TOTAL SSR State Special Revenue 26,595
Fund Group $ 40,557,358 $ 39,659,340 26,598
40,059,340 26,600
Holding Account Redistribution Fund Group 26,603
R14 440-631 Vital Statistics $ 68,691 $ 68,691 26,608
R48 440-625 Refunds, Grants 26,610
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 26,612
TOTAL 090 Holding Account 26,613
Redistribution
Fund Group $ 78,971 $ 78,971 26,616
TOTAL ALL BUDGET FUND GROUPS $ 457,288,183 $ 461,700,835 26,619
464,700,825 26,621
Hemophilia Services 26,624
Of the foregoing appropriation item 440-406, Hemophilia 26,626
Services, $205,000 in each fiscal year shall be used to implement 26,627
584
the Hemophilia Insurance Pilot Project. 26,628
Of the foregoing appropriation item 440-406, Hemophilia 26,630
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 26,631
year 2001 shall be used by the Department of Health to provide 26,632
grants to the nine hemophilia treatment centers to provide 26,633
prevention services for persons with hemophilia and their family 26,634
members affected by AIDS and other bloodborne pathogens. 26,635
Cancer Registry System 26,637
Of the foregoing appropriation item 440-412, Cancer 26,639
Incidence Surveillance System, $50,000 in each fiscal year shall 26,640
be provided to the Northern Ohio Cancer Resource Center. 26,641
The remaining moneys in appropriation item 440-412, Cancer 26,643
Incidence Surveillance System, shall be used to maintain and 26,644
operate the Ohio Cancer Incidence Surveillance System pursuant to 26,645
sections 3701.261 to 3701.263 of the Revised Code. 26,646
No later than March 1, 2002, the Ohio Cancer Incidence 26,649
Surveillance Advisory Board shall report to the General Assembly 26,650
on the effectiveness of the cancer incidence surveillance system 26,652
and the partnership between the Department of Health and the 26,653
Arthur G. James Cancer Hospital and Richard J. Solove Research
Institute of The Ohio State University. 26,654
Health Care Policy and Data 26,656
From the foregoing appropriation item 440-413, Ohio Health 26,658
Care Policy and Data, $750,000 in each fiscal year shall be used 26,659
for grants that enhance the quality and delivery of public and/or 26,660
private health services. Funds shall be distributed by the 26,661
Director of Health for a period of up to two years. The funds 26,662
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 26,663
program or project. The grantees shall use data collection and 26,664
analysis, community health needs assessments, and outcome 26,665
measurement to achieve the goals of the program or project. 26,666
Funded programs and projects shall demonstrate collaborative 26,667
activities between public health agencies and organizations,
585
provider alliances and organizations, and/or providers of acute 26,668
health care services. 26,669
Child and Family Health Services 26,671
Of the foregoing appropriation item 440-416, Child and 26,673
Family Health Services, $1,700,000 in each fiscal year shall be 26,674
used for family planning services. None of the funds received 26,676
through these family planning grants shall be used to provide 26,678
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 26,679
except in the case of a medical emergency. These funds shall be 26,680
distributed on the basis of the relative need in the community 26,681
served by the Director of Health to family planning programs, 26,682
which shall include family planning programs funded under Title V 26,683
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 26,685
301, as amended, and Title X of the "Public Health Services Act," 26,686
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 26,687
other family planning programs which the Department of Health 26,688
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 26,689
emergency, with state moneys, but that otherwise substantially 26,690
comply with the quality standards for such programs under Title V 26,691
and Title X.
The Director of Health shall, by rule, provide reasonable 26,693
methods by which a grantee wishing to be eligible for federal 26,694
funding may comply with these requirements for state funding 26,695
without losing its eligibility for federal funding. 26,696
Of the foregoing appropriation item 440-416, Child and 26,698
Family Health Services, $150,000 in each fiscal year shall be 26,699
used to provide malpractice insurance for physicians and other 26,701
health professionals providing prenatal services in programs 26,702
funded by the Department of Health. 26,703
Of the foregoing appropriation item 440-416, Child and 26,705
Family Health Services, $650,000 in each fiscal year shall be 26,707
used for the Help Me Grow program.
586
Of the foregoing appropriation item 440-416, Child and 26,709
Family Health Services, $200,000 shall be used in each fiscal 26,711
year for the OPTIONS dental care access program. 26,712
Of the foregoing appropriation item 440-416, Child and 26,714
Family Health Services, $600,000 in each fiscal year shall be 26,715
used by local Child and Family Health Services Clinics to provide 26,716
services to uninsured low-income persons. 26,717
Of the foregoing appropriation item 440-416, Child and 26,719
Family Health Services, $900,000 in each fiscal year shall be 26,720
used by Federally Qualified Health Centers and federally 26,721
designated look-alikes to provide services to uninsured 26,722
low-income persons.
Of the foregoing appropriation item 440-416, Child and 26,724
Family Health Services, $25,000 in fiscal year 2000 shall be 26,725
provided to the Cincinnati Down Syndrome Association. 26,726
Of the foregoing appropriation item 440-416, Child and 26,728
Family Health Services, $40,000 in each fiscal year shall be 26,729
provided to the Wellness Community Center. 26,730
Of the foregoing appropriation item 440-416, Child and 26,732
Family Health Services, $100,000 in fiscal year 2000 shall be 26,733
provided to the Marietta Community Nutrition Program for Children 26,734
in Washington County.
Of the foregoing appropriation item 440-416, Child and 26,736
Family Health Services, $55,000 in each fiscal year shall be 26,737
provided to the Miami Valley Youth Health Improvement Coalition. 26,738
Of the foregoing appropriation item 440-416, Child and 26,740
Family Health Services, $50,000 in fiscal year 2000 shall be used 26,741
for the Harrison Hills Clean Air Project. 26,742
HIV/AIDS Prevention/Protease Inhibitors 26,744
Of the foregoing appropriation item 440-444, AIDS 26,746
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 26,747
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 26,749
in acquiring protease inhibitor drugs. 26,750
Of the foregoing appropriation item 440-444, AIDS 26,752
587
Prevention/AZT, $124,500 in each fiscal year shall be used for 26,753
the AIDS Drug Reimbursement Program pursuant to section 3701.241 26,755
of the Revised Code and Title XXVI of the "Public Health Services 26,756
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 26,757
Department of Health is authorized to adopt rules pursuant to 26,758
Chapter 119. of the Revised Code as necessary for the 26,759
administration of the program. 26,760
Prevention 26,762
Of the foregoing appropriation item 440-451, Prevention, 26,764
$100,000 shall be used in each fiscal year for rape prevention 26,765
programs.
Of the foregoing appropriation item 440-451, Prevention, 26,767
$450,000 in fiscal year 2001 shall be used for rabies prevention. 26,768
Ohio Early Start 26,770
Of the foregoing appropriation item 440-459, Ohio Early 26,772
Start, $5.9 million in fiscal year 2000 and $6.0 million in 26,773
fiscal year 2001 shall be used for Welcome Home services that 26,774
include home visits by registered nurses to first-time and teen 26,775
parents.
The remaining moneys in appropriation item 440-459, Ohio 26,777
Early Start, shall be used to provide services to children under 26,778
age three who are at risk of developmental delay or child abuse 26,779
and neglect. The appropriation shall be allocated with the 26,780
approval of the Family and Children First Cabinet Council and 26,781
pursuant to rules adopted in accordance with Chapter 119. of the 26,782
Revised Code.
Poison Control Network 26,784
Of the foregoing appropriation item 440-504, Poison Control 26,786
Network, all available funds in each fiscal year shall be used by 26,787
the Department of Health for grants to the consolidated Ohio 26,788
Poison Control Center to provide poison control services to Ohio 26,789
citizens. 26,790
Tuberculosis 26,792
The foregoing appropriation item 440-506, Tuberculosis, 26,794
588
shall be used to make payments to counties pursuant to section 26,795
339.43 of the Revised Code. 26,796
NOTWITHSTANDING SECTION 339.43 OF THE REVISED CODE, $60,000 26,798
OF THE FOREGOING APPROPRIATION ITEM 440-506, TUBERCULOSIS, SHALL 26,799
BE USED BY THE DIRECTOR OF HEALTH TO REIMBURSE BOARDS OF COUNTY 26,801
COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS WITH
TUBERCULOSIS. ANY PORTION OF THE $60,000 ALLOCATED FOR 26,802
DETAINMENT NOT USED FOR THAT PURPOSE SHALL BE USED TO MAKE 26,803
PAYMENTS TO COUNTIES PURSUANT TO SECTION 339.45 OF THE REVISED 26,804
CODE.
Health Services Agencies 26,806
The foregoing appropriation item 440-509, Health Services 26,808
Agencies, shall be used as supplemental General Revenue Fund 26,809
subsidy funding for the seven health service agencies that are 26,810
active upon the effective date of this section. It is the intent 26,811
of the General Assembly to phase out General Revenue Fund subsidy 26,812
funding for health service agencies over the course of the 26,813
biennium beginning July 1, 1999, and to terminate such GRF 26,814
subsidy funding with the biennium beginning July 1, 2001. 26,815
Maternal Child Health Block Grant 26,817
Of the foregoing appropriation item 440-601, Maternal Child 26,819
Health Block Grant (Fund 320), $2,091,299 shall be used in each 26,820
fiscal year for the purposes of abstinence-only education. The 26,821
Director of Health shall develop guidelines for the establishment 26,822
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 26,823
shall be pursuant to Title V of the "Social Security Act," 42 26,824
U.S.C.A. 510, and shall include, but are not limited to, 26,825
advertising campaigns and direct training in schools and other 26,826
locations.
A portion of the foregoing appropriation item 440-601, 26,828
Maternal Child Health Block Grant (Fund 320), may be used to 26,829
ensure that current information on sudden infant death syndrome 26,830
is available for distribution by local health districts. 26,831
589
Genetics Services 26,833
The foregoing appropriation item 440-608, Genetics Services 26,835
(Fund 4D6), shall be used by the Department of Health to 26,836
administer programs authorized by sections 3701.501 and 3701.502 26,837
of the Revised Code. 26,838
Sickle Cell Fund 26,840
The foregoing appropriation item 440-610, Sickle Cell 26,842
Disease Control (Fund 4F9), shall be used by the Department of 26,843
Health to administer programs authorized by section 3701.131 of 26,844
the Revised Code. The source of the funds is as specified in 26,845
section 3701.23 of the Revised Code. 26,846
Osteoporosis Awareness Program 26,848
Grants from pharmaceutical companies, and others, for the 26,850
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 26,851
Non-Governmental Revenue, and shall be used, along with 26,852
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 26,854
Office of Women's Health Initiatives to implement an Osteoporosis 26,855
Awareness Program.
Medically Handicapped Children Audit 26,857
The Medically Handicapped Children Audit Fund (Fund 477) 26,859
shall receive revenue from audits of hospitals and recoveries 26,860
from third-party payors. Moneys may be expended for payment of 26,861
audit settlements and for costs directly related to obtaining 26,862
recoveries from third-party payors and for encouraging Program 26,863
for Medically Handicapped Children recipients to apply for 26,864
third-party benefits. Moneys also may be expended for payments 26,865
for diagnostic and treatment services on behalf of medically 26,866
handicapped children, as defined in division (A) of section 26,867
3701.022 of the Revised Code, and Ohio residents who are 26,868
twenty-one or more years of age and who are suffering from cystic 26,869
fibrosis.
TANF Family Planning 26,871
The Director of Budget and Management shall transfer by 26,873
ISTV, no later than 15 days after the effective date of this 26,874
590
section, cash from the General Revenue Fund, appropriation item 26,875
400-410, TANF State, to State Special Revenue Fund 5C1 in the 26,876
Department of Health, in an amount of $250,000 in fiscal year 26,877
2000 for the purpose of family planning services for children or 26,878
their families whose income is at or below 200 per cent of the 26,879
official poverty guideline. 26,880
The Director of Budget and Management shall transfer by 26,882
ISTV, no later than July 15, 2000, cash from the General Revenue 26,883
Fund, appropriation item 600-410, TANF State, to State Special 26,884
Revenue Fund 5C1 in the Department of Health, in an amount of 26,885
$250,000 in fiscal year 2001 for the purpose of family planning 26,887
services for children or their families whose income is at or 26,888
below 200 per cent of the official poverty guideline. 26,889
As used in this section, "poverty guideline" means the 26,891
official poverty guideline as revised annually by the United 26,892
States Secretary of Health and Human Services in accordance with 26,893
section 673 of the "Community Services Block Grant Act," 95 Stat. 26,894
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 26,895
to the size of the family of the person whose income is being 26,896
determined.
Rabies Prevention 26,898
The foregoing appropriation item 440-624, Health Services 26,900
(Fund 5E1), shall be used for rabies prevention. 26,901
Medically Handicapped Children - County Assessments 26,904
The foregoing appropriation item 440-607, Medically 26,906
Handicapped Children - County Assessments (Fund 666), shall be 26,907
used to make payments pursuant to division (E) of section 26,908
3701.023 of the Revised Code. 26,909
Cash Transfer from Liquor Control Fund to Alcohol Testing 26,911
and Permit Fund 26,912
The Director of Budget and Management, pursuant to a plan 26,914
submitted by the Department of Health, or as otherwise determined 26,916
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 26,918
591
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 26,919
needs of the Alcohol Testing and Permit program. 26,920
The Director of Budget and Management shall transfer to the 26,922
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 26,923
Control Fund (Fund 043) established in section 4301.12 of the 26,924
Revised Code such amounts at such times as determined by the 26,925
transfer schedule.
Indigent Persons Care StudyBefore December 31, 1999, the Department of Health shall 26,929
submit a report to the Governor, the Speaker of the House of 26,930
Representatives, the President of the Senate, the Minority Leader 26,931
of the House of Representatives, the Minority Leader of the 26,932
Senate, the Legislative Budget Office of the Legislative Service 26,933
Commission, and the Office of Budget and Management. The report 26,934
shall include findings based on the data collected between July 26,935
1, 1997, and June 30, 1999, regarding the number of indigent 26,936
persons involved in motor vehicle accidents, the cost of the 26,937
indigent persons' medical care, and how the care was paid for. 26,938
Sec. 53. OHS OHIO HISTORICAL SOCIETY 26,940
General Revenue Fund 26,942
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 26,947
GRF 360-502 Site Operations $ 7,713,699 $ 7,406,284 26,951
7,831,284 26,953
GRF 360-503 Ohio Bicentennial 26,955
Commission $ 1,271,155 $ 1,208,063 26,957
GRF 360-504 Ohio Preservation 26,959
Office $ 418,507 $ 426,824 26,961
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 26,965
GRF 360-506 Hayes Presidential 26,967
Center $ 751,229 $ 769,258 26,969
GRF 360-508 Historical Grants $ 3,017,000 $ 600,000 26,973
GRF 360-509 Adena Visitor Center 26,975
and Grounds $ 1,200,000 $ 0 26,977
592
GRF 360-511 Battle Flags 26,978
Restoration $ 125,000 $ 125,000 26,980
TOTAL GRF General Revenue Fund $ 19,482,139 $ 15,640,630 26,983
16,065,630 26,985
TOTAL ALL BUDGET FUND GROUPS $ 19,482,139 $ 15,640,630 26,988
16,065,630 26,990
Subsidy Appropriation 26,993
Upon approval by the Director of Budget and Management, the 26,995
foregoing appropriation items shall be released to the Ohio 26,996
Historical Society in quarterly amounts that in total do not 26,997
exceed the annual appropriations. The funds and fiscal records 26,998
of the society for fiscal years 2000 and 2001 shall be examined 26,999
by independent certified public accountants approved by the 27,000
Auditor of State, and a copy of the audited financial statements 27,001
shall be filed with the Office of Budget and Management. The 27,002
society shall prepare and submit to the Office of Budget and 27,004
Management the following:
(A) An estimated operating budget for each fiscal year of 27,006
the biennium. The operating budget shall be submitted at or near 27,007
the beginning of each year. 27,008
(B) Financial reports, indicating actual receipts and 27,010
expenditures for the fiscal year to date. These reports shall be 27,011
filed at least semiannually during the fiscal biennium. 27,012
The foregoing appropriations shall be considered to be the 27,014
contractual consideration provided by the state to support the 27,015
state's offer to contract with the Ohio Historical Society under 27,016
section 149.30 of the Revised Code. 27,017
Study to Determine Digitizing Costs 27,019
The Ohio Historical Society, with the assistance of the 27,021
Department of Administrative Services and the cooperation of the 27,022
Department of Health when relevant, shall conduct a study to 27,023
determine the feasibility, advisability, reasonable timelines, 27,024
and probable costs of digitizing its archives and library 27,025
records, the birth and death records maintained by the Ohio
593
Department of Health, and such other historical records for the 27,026
purpose of providing internet access to such records. The 27,027
society shall report findings of the study to the Governor and 27,028
the General Assembly by December 31, 1999. 27,029
Site Operations 27,031
Of the foregoing appropriation item 360-502, Site 27,033
Operations, $150,000 in fiscal year 2000 shall be used for the 27,034
Neil Armstrong Museum and, $231,000 in fiscal year 2000 shall be 27,036
used for the Piqua Historical Area, AND $425,000 SHALL BE USED 27,037
FOR THE INDIAN ARTIFACT REPATRIATION PROJECT IN FISCAL YEAR 2001. 27,038
Ohio Bicentennial Commission 27,040
Of the foregoing appropriation item 360-503, Ohio 27,042
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 27,043
used for the Newark Bicentennial, $25,000 in fiscal year 2000 27,044
shall be used for the Greenfield Bicentennial, $25,000 in fiscal 27,045
year 2000 shall be used for the Bethel Bicentennial, $100,000 in
each fiscal year shall be distributed to the Ohio Humanities 27,046
Council, and $50,000 in fiscal year 2000 shall be used for the 27,047
Aurora Bicentennial.
Historical Grants 27,049
Of the foregoing appropriation item 360-508, Historical 27,051
Grants, $1,000,000 in fiscal year 2000 shall be distributed to 27,052
the Cleveland Museum of Art; $25,000 in each fiscal year shall be 27,053
used for Thurber House; $225,000 in each fiscal year shall be 27,054
used for the American Classical Music Hall of Fame and Museum;
$1,000,000 in fiscal year 2000 shall be distributed to the 27,055
Western Reserve Historical Society; $10,000 in fiscal yar YEAR 27,056
2000 shall be released to Historic Hopewell; $50,000 in fiscal 27,057
year 2000 shall be used for the Noble County Historical Society; 27,058
$250,000 in each fiscal year shall be used for the Great Lakes 27,059
Historical Society/Maritime Museum; $100,000 in fiscal year 2000 27,060
shall be used for the Tallmadge Church State Memorial; $100,000 27,061
in each fiscal year shall be used for the Erie Canal Association;
$50,000 in fiscal year 2000 shall be used for the Fountain Square 27,062
594
Renovation in Cincinnati; $7,000 in fiscal year 2000 shall be 27,063
used for the Franklin College Museum; $100,000 in fiscal year 27,064
2000 shall be used for the Cincinnati Museum Center; and $100,000 27,065
in fiscal year 2000 shall be used for the Hebrew Union College 27,066
Holocaust Records and Related Studies Program.
Adena Visitor Center and Grounds 27,068
The foregoing appropriation item 360-509, Adena Visitor 27,070
Center and Grounds, shall be used toward the completion of a 27,071
visitor center and the repair, restoration, and renovation of 27,072
existing structures in preparation for Ohio's bicentennial 27,073
celebration.
Hayes Presidential Center 27,075
If a United States government agency, including, but not 27,077
limited to, the National Park Service, chooses to take over the 27,078
operations and/or maintenance of the Hayes Presidential Center, 27,079
in whole or in part, the Ohio Historical Society shall make 27,081
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 27,083
and/or maintenance.
Ohio Historical Society Review Committee 27,085
(A) There is hereby created the Ohio Historical Society 27,087
Review Committee consisting of seven members. The Governor, the 27,088
Speaker of the House of Representatives, the President of the 27,089
Senate, and the minority leaders of the House and the Senate 27,090
shall each appoint one member. The President of the Ohio 27,091
Historical Society Board of Trustees, and another member of the 27,092
Ohio Historical Society Board shall also be members. 27,093
(1) All members shall serve without compensation. 27,095
(2) Four members shall constitute a quorum. 27,097
(3) The society's members shall include one representative 27,099
who is elected by the society and one who is appointed by the 27,100
Governor.
(4) The review committee shall select a chairperson from 27,102
among its members.
595
(B) The task of the review committee shall include, but is 27,104
not limited to, the formulation of financial alternatives 27,105
concerning future funding needs, a review of the appropriateness 27,106
of the statutory duties of the society, and a review of the 27,107
financial and governance relationship between the state and the
Ohio Historical Society. 27,108
(C) The review committee shall make recommendations to the 27,110
Governor, the House of Representatives, the Senate, and the Ohio 27,111
Historical Society by October 1, 2000, at which time the 27,113
committee shall be terminated.
(D) The review committee may enter into professional 27,115
services contracts to assist with their review. Such expenses, 27,116
and other expenses related to the activities of the review 27,117
committee, shall be paid from the foregoing appropriation item 27,119
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 27,120
Sec. 55. HUM DEPARTMENT OF HUMAN SERVICES 27,122
General Revenue Fund 27,124
GRF 400-100 Personal Services 27,127
State $ 35,596,987 $ 0 27,131
Federal $ 16,903,068 $ 0 27,135
Personal Services 27,137
Total $ 52,500,055 $ 0 27,139
GRF 400-200 Maintenance 27,141
State $ 17,044,633 $ 0 27,145
Federal $ 7,409,647 $ 0 27,149
Maintenance Total $ 24,454,280 $ 0 27,153
GRF 400-300 Equipment 27,155
State $ 925,465 $ 0 27,159
Federal $ 406,522 $ 0 27,163
Equipment Total $ 1,331,987 $ 0 27,167
GRF 400-402 Electronic Benefits 27,169
Transfer (EBT)
State $ 7,260,457 $ 0 27,173
596
Federal $ 7,260,458 $ 0 27,177
EBT Total $ 14,520,915 $ 0 27,181
GRF 400-405 Family Violence 27,183
Prevention Programs $ 812,274 $ 0 27,185
GRF 400-408 Child & Family 27,187
Services Activities $ 3,104,606 $ 0 27,189
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 27,193
GRF 400-410 TANF State $ 261,857,133 $ 0 27,197
GRF 400-411 TANF Federal Block 27,199
Grant $ 417,200,000 $ 0 27,201
GRF 400-413 Day Care Match/Maint. 27,203
of Effort $ 76,454,292 $ 0 27,205
GRF 400-416 Computer Projects 27,207
State $ 69,280,200 $ 0 27,211
Federal $ 29,719,800 $ 0 27,215
Computer Projects 27,217
Total $ 99,000,000 $ 0 27,219
GRF 400-420 Child Support 27,221
Administration $ 7,125,822 $ 0 27,223
GRF 400-426 Children's Health 27,225
Insurance Program
State $ 2,104,086 $ 0 27,229
0 27,231
Federal $ 4,656,614 $ 0 27,235
0 27,237
Children's Health 27,239
Insurance Program
Total $ 6,760,700 $ 0 27,241
0 27,243
GRF 400-502 Child Support Match $ 20,207,796 $ 0 27,247
GRF 400-504 Non-TANF County 27,249
Administration $ 76,017,940 $ 0 27,251
GRF 400-511 Disability Assistance $ 58,156,916 $ 0 27,255
60,261,002 27,257
597
GRF 400-512 Non-TANF Emergency 27,259
Assistance $ 4,200,000 $ 0 27,261
GRF 400-522 Burial Claims $ 1,338,062 $ 0 27,265
GRF 400-525 Health Care/Medicaid 27,267
State $2,289,534,148 $ 0 27,271
Federal $3,224,758,115 $ 0 27,275
Health Care/Medicaid 27,277
Total $5,514,292,263 $ 0 27,279
GRF 400-527 Child Protective 27,281
Services $ 54,808,735 $ 0 27,283
54,838,735 27,284
GRF 400-528 Adoption Services 27,286
State $ 27,253,334 $ 0 27,290
Federal $ 25,996,634 $ 0 27,294
Adoption Services 27,296
Total $ 53,249,968 $ 0 27,298
GRF 400-534 Adult Protective 27,300
Services $ 3,031,340 $ 0 27,302
GRF 400-552 County Social 27,304
Services $ 12,072,886 $ 0 27,306
TOTAL GRF General Revenue Fund 27,307
State $3,042,524,627 $ 0 27,311
3,042,554,627 27,312
Federal $3,734,310,858 $ 0 27,316
3,729,654,244 27,318
GRF Total $6,776,835,485 $ 0 27,322
6,772,208,871 27,324
General Services Fund Group 27,327
4A8 400-658 Child Support 27,330
Collections $ 42,751,619 $ 0 27,332
4R4 400-665 BCII Service Fees $ 110,119 $ 0 27,336
5C9 400-671 Medicaid Program 27,338
Support $ 84,503,686 $ 0 27,340
613 400-645 Training Activities $ 75,000 $ 0 27,344
598
TOTAL GSF General Services 27,345
Fund Group $ 127,440,424 $ 0 27,348
Federal Special Revenue Fund Group 27,351
3A2 400-641 Emergency Food 27,354
Distribution $ 1,499,480 $ 0 27,356
3D3 400-648 Children's Trust Fund 27,358
Federal $ 2,040,524 $ 0 27,360
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 27,364
3F0 400-650 Hospital Care 27,366
Assurance Match $ 319,566,075 $ 0 27,368
3G5 400-655 Interagency 27,370
Reimbursement $ 830,258,410 $ 0 27,372
3G9 400-657 Special 27,374
Activities/Self
Sufficiency $ 498,600 $ 0 27,376
3H7 400-617 Day Care Federal $ 155,531,296 $ 0 27,380
3N0 400-628 IV-E Foster Care 27,382
Maintenance/Pass 27,383
Through $ 162,844,023 $ 0 27,385
3S5 400-622 Child Support 27,387
Projects $ 534,050 $ 0 27,389
316 400-602 State and Local 27,391
Training $ 6,770,894 $ 0 27,393
327 400-606 Child Welfare $ 29,007,597 $ 0 27,397
384 400-610 Food Stamps and State 27,399
Administration $ 141,595,547 $ 0 27,401
385 400-614 Foreign Refugees $ 7,309,725 $ 0 27,405
395 400-616 Special 27,407
Activities/Child and
Family Services $ 4,418,844 $ 0 27,409
396 400-620 Social Services Block 27,411
Grant $ 73,947,634 $ 0 27,413
397 400-626 Child Support $ 216,456,690 $ 0 27,417
599
398 400-627 Adoption Maintenance/ 27,419
Administration $ 204,774,490 $ 0 27,422
TOTAL FED Federal Special Revenue 27,423
Fund Group $2,375,139,671 $ 0 27,426
State Special Revenue Fund Group 27,429
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 27,434
4E3 400-605 Nursing Home 27,436
Assessments $ 92,910 $ 0 27,438
4E7 400-604 Child and Family 27,440
Services Collections $ 138,780 $ 0 27,442
4F1 400-609 Foundation 27,444
Grants/Child and
Family Services $ 1,383,822 $ 0 27,446
4J5 400-613 Nursing Facility Bed 27,448
Assessments $ 32,319,125 $ 0 27,450
4J5 400-618 Residential State 27,452
Supplement Payments $ 14,112,907 $ 0 27,454
4K1 400-621 ICF MR Bed 27,456
Assessments $ 21,323,562 $ 0 27,458
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 27,462
4V2 400-612 Child Support 27,464
Activities $ 124,993 $ 0 27,466
4Z1 400-625 Health Care 27,468
Compliance $ 10,000,000 $ 0 27,470
5E3 400-633 EBT Contracted 27,471
Services $ 1,000,000 $ 0 27,473
5E4 400-615 Private Child Care 27,475
Agencies Training $ 10,280 $ 0 27,477
6A7 400-656 Foundation 27,479
Grants/Self
Sufficiency $ 61,680 $ 0 27,481
600 400-603 Third-Party 27,483
Recoveries $ 13,000,000 $ 0 27,485
600
651 400-649 Hospital Care 27,487
Assurance Program $ 228,951,047 $ 0 27,489
TOTAL SSR State Special Revenue 27,490
Fund Group $ 326,686,270 $ 0 27,493
Agency Fund Group 27,496
192 400-646 Support Intercept - 27,499
Federal $ 68,354,979 $ 0 27,501
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 27,505
583 400-642 Support 27,507
Intercept-State $ 14,458,021 $ 0 27,509
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 27,512
Holding Account Redistribution Fund Group 27,515
R12 400-643 Refunds and Audit 27,518
Settlements $ 200,000 $ 0 27,520
R13 400-644 Forgery Collections $ 700,000 $ 0 27,524
TOTAL 090 Holding Account 27,525
Redistribution
Fund Group $ 900,000 $ 0 27,528
TOTAL ALL BUDGET FUND GROUPS $9,694,954,850 $ 0 27,531
9,690,328,236 27,533
Sec. 58.04. Disability Assistance 27,536
The following schedule shall be used to determine monthly 27,538
grant levels in the Disability Assistance Program effective July 27,539
1, 1999. 27,540
Persons in 27,542
Assistance Group Monthly Grant 27,543
1 $115 27,546
2 159 27,547
3 193 27,548
4 225 27,549
5 251 27,550
6 281 27,551
7 312 27,552
8 361 27,553
601
9 394 27,554
10 426 27,555
11 458 27,556
12 490 27,557
13 522 27,558
14 554 27,559
For each additional person add 40 27,562
TANF Federal Funds 27,565
Upon the request of the Department of Job and Family 27,567
Services, the Controlling Board may increase appropriations in 27,568
item 600-411, TANF Federal Block Grant, provided sufficient 27,569
Federal TANF block grant funds exist to do so, without any 27,570
corresponding decrease in other line items. The department shall 27,571
first provide the Office of Budget and Management with 27,572
documentation to support the need for the increased
appropriation.
All transfers of moneys from or charges against TANF 27,574
Federal Block Grant awards for use in the Social Services Block 27,575
Grant or the Child Care Development Block Grant from either 27,577
unobligated prior year appropriation authority in item 400-411, 27,578
or from FY FISCAL YEAR 2001 appropriation authority in item 27,579
600-411, that meet or exceed the Controlling Board thresholds as 27,580
defined in divisions (B)(1) and (2) and (E) of section 127.16 of 27,581
the Revised Code, shall only be done with the approval of the 27,582
Controlling Board except where this act directs otherwise. The 27,583
Department of Job and Family Services shall first provide the 27,584
Office of Budget and Management with documentation to support the 27,585
need for such transfers or charges for use in the Social Services
Block Grant or in the Child Care Development Block Grant. 27,586
Alcohol and Drug Addiction Services Transfer 27,588
No later than July 15, 2000, the Director of Budget and 27,590
Management shall transfer $2,000,000 in appropriation authority 27,591
from appropriation item 600-410, TANF State, to State Special 27,592
Revenue Fund 5B7 appropriation item 038-629, TANF 27,593
602
Transfer-Treatment, and $271,424 in appropriation authority from 27,595
appropriation item 600-410, TANF State, to State Special Revenue 27,597
Fund 5E8 appropriation item 038-630, TANF Transfer-Mentoring, in 27,598
the Department of Alcohol and Drug Addiction Services. Of the 27,599
amounts transferred, $2,000,000 in appropriation authority shall 27,600
be used to provide substance abuse prevention and treatment 27,601
services to children, or their families, whose income is at or 27,602
below 200 per cent of the official income poverty guideline. The 27,603
remaining $271,424 in transferred appropriation authority shall 27,604
be used to fund adolescent youth mentoring programs for children 27,605
or their families whose income is at or below 200 per cent of the 27,606
income official poverty guideline. The Department of Alcohol and 27,607
Drug Addiction Services shall comply with all TANF reporting 27,608
requirements and timelines specified by the Department of Job and 27,609
Family Services.
TANF County Incentives 27,611
Of the foregoing appropriation item 600-411, TANF Federal 27,613
Block Grant, the Department of Job and Family Services may 27,614
provide financial incentives to those county departments of human 27,616
services that have exceeded performance standards adopted by the 27,617
state department, and where the board of county commissioners has 27,618
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 27,619
of the county department. Any financial incentive funds provided 27,620
pursuant to this division shall be used by the county department 27,621
for additional or enhanced services for families eligible for 27,622
assistance under Chapter 5107. or 5108. of the Revised Code or, 27,623
upon request by the county and approval by the Department of Job 27,624
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 27,625
of human services may retain and expend such funds without regard 27,627
to the state or county fiscal year in which the financial 27,628
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 27,629
603
Job and Family Services providing detailed information on the 27,630
expenditure of these financial incentives and an evaluation of 27,632
the effectiveness of the county department's use of these funds 27,633
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 27,634
TANF Transportation Services 27,636
From the foregoing appropriation items 600-410, TANF State, 27,638
or 600-411, TANF Federal Block Grant, or a combination of both, 27,639
up to $5,000,000 in fiscal year 2001 shall be used to expand the 27,640
accessibility of transportation services for participants in 27,641
programs funded from these appropriation items. 27,642
Individual Development Accounts 27,644
From the foregoing appropriation item 600-410, TANF State, 27,646
or 600-411, TANF Federal Block Grant, or a combination of both, 27,647
up to $2,000,000 in fiscal year 2001 shall be used to allow 27,649
county departments of human services to make matching
contributions to Individual Development Accounts that have been 27,650
established by residents of the county. 27,651
Human Services Personal Care Assistance 27,653
In fiscal year 2001, the Director of Job and Family 27,655
Services shall provide $240,000 from appropriation item 600-410, 27,656
TANF State to be divided between the county departments of human 27,657
services of Cuyahoga County and Franklin County to contract with 27,658
the Rehabilitation Services Commission to place up to 25 27,659
TANF-eligible persons into jobs as personal care assistants. The 27,660
county departments of human services in Cuyahoga County and
Franklin County and the Rehabilitation Services Commission shall 27,661
agree on reporting requirements that meet all TANF reporting 27,662
requirements and timelines specified by the Department of Job and 27,663
Family Services to be incorporated into the contract. 27,664
TANF Family Planning 27,666
The Director of Budget and Management shall transfer BY 27,668
ISTV, no later than July 15, 2000, $250,000 in fiscal year 2001 27,670
from appropriation item 600-410, TANF State, or 600-411, TANF 27,671
604
Federal Block Grant, or a combination of both, to 440-416, Child 27,672
and Family Health Services STATE SPECIAL REVENUE FUND 5C1, TANF 27,674
FAMILY PLANNING IN THE DEPARTMENT OF HEALTH to be used for family 27,675
planning services. 27,676
Ohio Association of Second Harvest Food Banks 27,678
The Department of Job and Family Services may use up to 27,680
$2,500,000 in fiscal year 2001 as provided in section 58.10 of 27,681
this act to support expenditures to Ohio Association of Second 27,683
Harvest Food Banks pursuant to the following criteria. 27,684
As used in this section, "poverty guideline" means the 27,686
official poverty guideline as revised annually by the United 27,687
States Secretary of Health and Human Services in accordance with 27,688
section 673 of the "Community Services Block Grant Act," 95 Stat. 27,689
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 27,691
to the size of the family of the person whose income is being
determined. 27,692
The Department of Job and Family Services shall provide an 27,694
annual grant of $2,500,000 in fiscal year 2001 to the Ohio 27,695
Association of Second Harvest Food Banks. In fiscal year 2001, 27,697
the Ohio Association of Second Harvest Food Banks shall use 27,698
$1,500,000 for the purchase of food products for the Ohio Food
Program of which up to $105,000 may be used for food storage and 27,699
transport and shall use $1,000,000 for the Agricultural Surplus 27,700
Production Alliance Project. Funds provided for the Ohio Food 27,701
Program shall be used to purchase food products and distribute 27,702
those food products to agencies participating in the emergency
food distribution program. No funds provided through this grant 27,703
may be used for administrative expenses other than funds provided 27,704
for food storage and transport. As soon as possible after 27,705
entering into a grant agreement at the beginning of the fiscal 27,706
year, the Department of Job and Family Services shall distribute 27,707
the grant funds in one single payment. The Ohio Association of
Second Harvest Food Banks shall develop a plan for the 27,708
distribution of the food products to local food distribution 27,710
605
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food 27,711
products purchased with these funds have an income at or below 27,712
150 per cent of the poverty guideline. The Department of Job and 27,713
Family Services and the Ohio Association of Second Harvest Food 27,714
Banks shall agree on reporting requirements to be incorporated 27,715
into the grant agreement.
Any fiscal year 2001 funds from this grant remaining 27,717
unspent on June 30, 2001 shall be returned by the Ohio 27,718
Association of Second Harvest Food Banks to the Department of Job 27,719
and Family Services no later than November 1, 2001.
Computer-Related Services 27,721
The Department of Job and Family Services may use up to 27,723
$17,000,000 in state fiscal year 2001 as provided in section 27,724
58.10 of this act to support computer-related expenditures for 27,726
services that benefit the County Department of Human Services. 27,727
Additional Maintenance of Effort and Matching Funding for 27,729
the Child Care Development Fund 27,730
The Department of Job and Family Services may use up to 27,732
$14,149,542 as provided in section 58.09 of this act to support 27,733
matching and maintenance of effort requirements of the Child Care 27,735
Development Fund in order to match all funds for which Ohio is
eligible. 27,736
Additional Funding for the AdoptOhio Program 27,738
The Department of Job and Family Services may use up to 27,740
$2,116,349 in state fiscal year 2001 as provided in section 58.09 27,741
of this act to support expenditures for AdoptOhio if the existing 27,742
appropriations in 600-527 is not sufficient to support the 27,743
program.
Inner City Youth Opportunities Program 27,745
In fiscal year 2001, the Director of Job and Family 27,747
Services shall provide $75,000 from appropriation item 600-410, 27,748
TANF State, to the Hamilton County department of human services 27,750
to contract with the Inner City Youth Opportunities organization 27,751
606
of Cincinnati for the purpose of providing allowable services to 27,752
TANF-eligible individuals. The Hamilton County department of 27,753
human services and Inner City Youth Opportunities shall agree on 27,754
reporting requirements that meet all TANF reporting requirements 27,755
and timelines specified by the Department of Job and Family 27,756
Services to be incorporated into the contract. 27,757
TANF Fatherhood Programs 27,759
From the foregoing appropriation item 600-411, TANF Federal 27,761
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 27,762
to support local fatherhood programs. Of the foregoing 27,763
$5,000,000, $300,000 in fiscal year 2001 shall be used to operate 27,764
a Fatherhood Commission. Of the foregoing $5,000,000, $310,000 27,765
in fiscal year 2001 shall be provided to the Cuyahoga County 27,766
Department of Human Services to contract with the Center for 27,767
Families and Children for the purpose of providing allowable 27,768
services to TANF-eligible individuals. The Cuyahoga County 27,769
Department of Human Services and the Center for Families and
Children shall agree on reporting requirements to be incorporated 27,770
into the contract. 27,771
TANF Adult Literacy and Child Reading Programs 27,773
From the foregoing appropriation item 600-411, TANF Federal 27,775
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 27,776
to support local adult literacy and child reading programs. 27,777
Cincinnati YWCA GED and Child Care Program 27,779
In fiscal year 2001, the Director of Job and Family 27,781
Services shall provide $65,000 from appropriation item 400-410, 27,782
TANF State, to the Hamilton County department of human services 27,783
to contract with the YWCA of Greater Cincinnati for the purpose 27,785
of providing a General Educational Development (GED) program to 27,787
TANF-eligible individuals, and child care to individuals enrolled 27,788
in the GED program. The Hamilton County department of human 27,790
services and the YWCA of Greater Cincinnati shall agree on 27,791
reporting requirements that meet all TANF reporting requirements 27,793
and timelines specified by the Department of Job and Family 27,794
607
Services to be incorporated into the contract. 27,795
Child Nutrition Services 27,797
The Department of Job and Family Services shall use up to 27,799
$2,500,000 in fiscal year 2001 as provided in section SECTION 27,800
58.09 of this act AM. SUB. H.B. 283 OF THE 123rd GENERAL ASSEMBLY 27,802
to support Child Nutrition Services in the Department of 27,803
Education. As soon as possible after the effective date of this 27,804
section, the Department of Job and Family Services shall enter 27,805
into an interagency agreement with the Department of Education to 27,806
reimburse the 19 pilot programs that provide nutritional evening
meals to adolescents aged 13 through 18 participating in 27,808
educational or enrichment activities at youth development 27,809
centers. Such funds shall not be used as matching funds. 27,810
Eligibility and reporting guidelines shall be detailed in the 27,811
interagency agreement.
The Director of Budget and Management shall increase the 27,813
appropriation item authority by $2,500,000 for State Special 27,814
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 27,815
Education. 27,816
Single Allocation for County Departments of Human Services 27,818
Using the foregoing appropriation items 600-504, Non-TANF 27,820
County Administration; 600-610, Food Stamps and State 27,821
Administration; 600-410, TANF State; 600-411, TANF Federal Block 27,823
Grant; 600-620, Social Services Block Grant; 600-552, County 27,824
Social Services; 600-413, Day Care Match/Maintenance of Effort; 27,825
600-617, Day Care Federal; 600-534, Adult Protective Services; 27,826
and 600-614, Refugees Services, the Department of Job and Family 27,827
Services may establish a single allocation for county departments 27,828
of human services that are subject to a partnership agreement 27,829
between a board of county commissioners and the department. The 27,830
county department is not required to use all the money from one 27,831
or more of the foregoing appropriation items listed in this 27,832
paragraph for the purpose the specific appropriation item is made 27,833
so long as the county department uses the money for a purpose at 27,834
608
least one of the other of those foregoing appropriation items is 27,835
made. The county department may not use the money in the 27,836
allocation for a purpose other than a purpose any of those 27,837
foregoing appropriation items are made. If the spending 27,838
estimates used in establishing the single allocation are not 27,839
realized and the county department uses money in one or more of 27,840
those foregoing appropriation items in a manner for which federal 27,841
financial participation is not available, the department shall 27,842
use state funds available in one or more of those foregoing 27,843
appropriation items to ensure that the county department receives 27,844
the full amount of its allocation. The single allocation is the 27,845
maximum amount the county department shall receive from those 27,846
foregoing appropriation items. 27,847
Reports on Interagency Transfers 27,849
With regard to the foregoing appropriation item 600-655, 27,851
Interagency Reimbursement, the Department of Job and Family 27,852
Services shall provide the Legislative Budget Office of the 27,853
Legislative Service Commission with a report each month that 27,855
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 27,856
appropriation item to which transfers are made. Transfers shall 27,857
further be broken down by source of federal funds, including 27,858
federal program number (as shown in the Catalog of Federal 27,859
Domestic Assistance), grant number, and department reporting 27,860
category number. In addition, transfers of Medicaid dollars 27,861
shall be grouped between reimbursement for services and 27,862
administrative costs. Reports shall be provided to the 27,863
Legislative Budget Office of the Legislative Service Commission 27,864
within two weeks after the end of the month.
Sec. 58.09. Medicaid Program Support Fund 5C9. 27,866
Prior to September 30, 2000, the Department of Job and 27,868
Family Services shall file claims for reimbursement for all 27,869
allowable expenditures for services provided by the Department of 27,870
Human Services, the Department of Job and Family Services, or 27,871
609
other agencies, which may qualify for Social Services Block Grant 27,872
funding pursuant to Title XX of the federal Social Security Act. 27,873
During fiscal year 2001, the Department of Job and Family 27,874
Services is authorized to deposit into the Medicaid Program 27,875
Support Fund (Fund 5C9), receipts from TANF Block Grant funds 27,876
credited to the Social Services Block Grant. Upon verification of 27,877
the deposit to Fund 5C9, the Director of Budget and Management 27,878
shall transfer the cash receipts received under this section to 27,879
the General Revenue Fund. The Director shall increase the General 27,880
Revenue Fund appropriation line items, or establish the General 27,881
Revenue Fund line items, from which the funds are to be 27,882
disbursed, for the following purposes and by the following 27,883
amounts and by any associated increase in federal funds: 27,884
Second Harvest Food Bank $2,500,000 27,886
Computer Projects $17,000,000 34,424,916 27,888
Audits $1,000,000 27,890
AdoptOhio $2,116,349 27,892
Child Nutrition Services $2,500,000 27,894
Child Care Match Up to $14,149,542 27,896
Parents Health Insurance $9,425,966 27,898
OBES/ODHS Merger Costs Up to $2,000,000 27,900
Total $50,691,857 68,116,773 27,902
The Director of Budget and Management shall determine if 27,905
sufficient cash receipts are available to cover the purposes 27,906
stated in this section. If cash receipts are not sufficient to 27,907
cover the purposes stated in this section, the Director of Budget 27,908
and Management shall determine the amounts that will be disbursed 27,909
for the purposes stated above.
Sec. 65. LIB STATE LIBRARY BOARD 27,911
General Revenue Fund 27,913
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 27,918
GRF 350-200 Maintenance $ 2,167,742 $ 1,852,248 27,922
GRF 350-300 Equipment $ 1,966,322 $ 579,914 27,926
610
GRF 350-400 Ohio Public Library 27,928
Information Network $ 5,712,486 $ 5,854,002 27,930
GRF 350-401 OHIOANA RENTAL 27,933
PAYMENTS $ O $ 118,000 27,934
GRF 350-501 Cincinnati Public 27,936
Library $ 751,887 $ 769,932 27,938
GRF 350-502 Regional Library 27,940
Systems $ 1,871,151 $ 1,926,769 27,942
GRF 350-503 Cleveland Public 27,944
Library $ 1,140,923 $ 1,164,705 27,945
GRF 350-505 Netwellness $ 750,000 $ 750,000 27,949
TOTAL GRF General Revenue Fund $ 19,689,950 $ 18,168,528 27,952
18,286,528 27,954
General Services Fund Group 27,957
139 350-602 Intra-Agency Service 27,960
Charges $ 28,123 $ 28,911 27,962
459 350-602 Interlibrary Service 27,964
Charges $ 774,564 $ 781,280 27,966
TOTAL GSF General Services 27,967
Fund Group $ 802,687 $ 810,191 27,970
Federal Special Revenue Fund Group 27,973
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 27,978
TOTAL FED Federal Special Revenue 27,979
Fund Group $ 5,163,542 $ 5,163,542 27,982
TOTAL ALL BUDGET FUND GROUPS $ 25,656,179 $ 24,142,261 27,985
24,260,261 27,987
Maintenance 27,990
Of the foregoing appropriation item, 350-200, Maintenance, 27,992
$400,000 in fiscal year 2000 shall be used to fund the relocation 27,993
of the State Library from the State Departments Building. 27,994
Equipment 27,996
Of the foregoing appropriation item, 350-300, Equipment, 27,998
$1,400,000 in fiscal year 2000 shall be used to fund the 27,999
relocation of the State Library from the State Departments 28,000
611
Building.
Ohio Public Library Information Network 28,002
The foregoing appropriation item 350-400, Ohio Public 28,004
Library Information Network, shall be used for an information 28,005
telecommunications network linking public libraries in the state 28,006
and such others as may be certified as participants by the Ohio 28,007
Public Library Information Network Board. 28,008
The Ohio Public Library Information Network Board shall 28,012
consist of eleven members appointed by the State Library Board 28,013
from among the staff of public libraries and past and present 28,014
members of boards of trustees of public libraries, based on the 28,015
recommendations of the Ohio library community. The Ohio Public 28,016
Library Information Network Board in consultation with the State 28,017
Library shall develop a plan of operations for the network. The 28,018
Board shall have the authority to make decisions regarding the 28,019
use of the foregoing appropriation item 350-400, Ohio Public 28,020
Library Information Network, and to receive and expend grants to 28,021
carry out the operations of the network in accordance with state 28,022
law and the authority to appoint and fix the compensation of a 28,024
director and necessary staff. The State Library will be the 28,025
fiscal agent for the network and shall have fiscal accountability 28,026
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 28,027
travel and necessary expenses incurred in the carrying out of 28,028
their responsibilities.
In order to limit access to obscene and illegal materials 28,030
through internet use at Ohio Public Library Information Network 28,031
(OPLIN) terminals, local libraries with OPLIN computer terminals 28,033
shall adopt policies that control access to obscene and illegal 28,035
materials. These policies may include use of technological 28,037
systems to select or block certain internet access. The OPLIN 28,038
shall condition provision of its funds, goods, and services on 28,039
compliance with these policies. The OPLIN board shall also adopt 28,040
and communicate specific recommendations to local libraries on 28,041
612
methods to control such improper usage. These methods may 28,042
include each library implementing a written policy controlling 28,044
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 28,045
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 28,047
Library Information Network, up to $66,000 in fiscal year 2000 28,048
and up to $72,000 in fiscal year 2001 shall be used to help local 28,049
libraries purchase filters to screen out obscene and illegal 28,050
internet materials. 28,051
The OPLIN board shall research and assist or advise local 28,053
libraries with emerging technologies and methods that may be 28,055
effective means to control access to obscene and illegal 28,057
materials. On October 1, 1999, and biannually thereafter, the 28,058
OPLIN Executive Director shall provide written reports to the 28,059
Governor, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the 28,060
Senate on any steps being taken by OPLIN and public libraries in 28,062
this state to limit and control such improper usage as well as 28,065
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public 28,066
access and service. 28,067
The Ohio Public Library Information Network, InfOhio, and 28,069
OhioLink shall, to the extent feasible, coordinate and cooperate 28,070
in their purchase or other acquisition of the use of electronic 28,071
databases for their respective users and shall contribute funds 28,072
in an equitable manner to such effort.
OHIOANA RENTAL PAYMENTS 28,075
THE FOREGOING APPROPRIATION ITEM 350-401, OHIOANA RENTAL 28,078
PAYMENTS, SHALL BE USED TO PAY THE RENTAL EXPENSES OF THE MARTHA 28,079
KINNEY COOPER OHIOANA LIBRARY ASSOCIATION PURSUANT TO SECTION 28,080
3375.61 OF THE REVISED CODE.
Regional Library Systems 28,082
Of the foregoing appropriation item 350-502, Regional 28,084
613
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 28,085
fiscal year 2001 shall be used to replace federal dollars that 28,086
will be eliminated due to the expiration of the Library Services 28,087
and Construction Act (LSCA).
Netwellness 28,089
The foregoing appropriation item 350-505, Netwellness, 28,091
shall be used to fund the Netwellness program, a joint venture of 28,092
the University of Cincinnati, Case Western Reserve University, 28,093
and The Ohio State University.
Sec. 68. DMH DEPARTMENT OF MENTAL HEALTH 28,095
Division of General Administration Intragovernmental Service Fund 28,097
Group 28,098
151 235-601 General 28,101
Administration $ 72,523,765 $ 74,161,226 28,103
TOTAL ISF Intragovernmental 28,104
Service Fund Group $ 72,523,765 $ 74,161,226 28,107
Division of Mental Health-- 28,109
Psychiatric Services to Correctional Facilities 28,110
General Revenue Fund 28,112
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 28,117
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 28,120
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 28,123
Forensic Services 28,126
The foregoing appropriation item 322-401, Forensic 28,128
Services, shall be used to provide psychiatric services to courts 28,130
of common pleas. The appropriation shall be allocated through 28,131
community mental health boards to certified community agencies 28,132
and shall be distributed according to the criteria delineated in 28,133
Rule 5122:4-1-01 of the Administrative Code. These community 28,134
forensic funds may also be used to provide forensic training to 28,135
community mental health boards and to forensic psychiatry 28,136
residency programs in hospitals operated by the Department of 28,137
Mental Health and to provide evaluations of patients of forensic 28,138
status in facilities operated by the Department of Mental Health 28,139
614
prior to conditional release to the community. 28,140
In addition, appropriation item 332-401 may be used to 28,142
support projects involving mental health, substance abuse, 28,143
courts, and law enforcement to identify and develop appropriate 28,144
alternative services to institutionalization for non-violent 28,145
mentally ill offenders, and to provide linkage to community 28,146
services for severely mentally disabled offenders released from 28,148
institutions operated by the Department of Rehabilitation and 28,151
Correction. Funds may also be utilized to provide forensic 28,152
monitoring and tracking in addition to community programs serving 28,154
persons of forensic status on conditional release or probation. 28,155
Diversion Linkage Projects 28,157
Any cash transferred from the Department of Rehabilitation 28,159
and Correction Community Mental Health and Substance Abuse 28,160
Treatment Fund (Fund 4J3) and from the Department of Youth 28,161
Services Community Mental Health and Substance Abuse Treatment 28,162
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 28,163
county Diversion Linkage projects which provide alternative 28,164
services to institutionalization for non-violent mentally ill 28,165
offenders. The amount of the transfer is hereby appropriated. 28,166
Division of Mental Health-- 28,167
Administration and Statewide Programs 28,168
General Revenue Fund 28,170
GRF 333-100 Personal Services - 28,173
Central
Administration $ 18,585,795 $ 17,027,859 28,175
GRF 333-200 Maintenance - Central 28,177
Administration $ 2,378,563 $ 2,348,974 28,179
GRF 333-300 Equipment - Central 28,181
Administration $ 1,004,165 $ 506,598 28,183
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 28,187
GRF 333-403 Pre-Admission 28,189
Screening Expenses $ 645,750 $ 658,665 28,191
615
GRF 333-415 LEASE-Rental Payments 28,193
OPFC $ 30,000,000 $ 28,600,000 28,195
GRF 333-416 Research Program 28,197
Evaluation $ 958,606 $ 984,933 28,199
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 28,202
General Services Fund Group 28,205
149 333-609 Central Office Rotary 28,208
- Operating $ 3,512,727 $ 1,135,684 28,210
TOTAL General Services Fund Group $ 3,512,727 $ 1,135,684 28,213
Federal Special Revenue Fund Group 28,216
3A7 333-612 Social Services Block 28,219
Grant $ 25,000 $ 25,000 28,221
3A8 333-613 Federal Grant - 28,223
Administration $ 24,880 $ 24,880 28,225
3A9 333-614 Mental Health Block 28,227
Grant $ 994,212 $ 644,212 28,229
3B1 333-635 Community Medicaid 28,231
Expansion $ 4,465,264 $ 4,465,264 28,233
324 333-605 Medicaid/Medicare $ 816,693 $ 700,846 28,237
TOTAL Federal Special Revenue 28,238
Fund Group $ 6,326,049 $ 5,860,202 28,241
State Special Revenue Fund Group 28,244
4X5 333-607 Behavioral Health 28,247
Medicaid Services $ 3,200,000 $ 2,775,000 28,249
485 333-632 Mental Health 28,251
Operating $ 124,284 $ 127,764 28,253
TOTAL State Special Revenue 28,254
Fund Group $ 3,324,284 $ 2,902,764 28,257
TOTAL ALL BUDGET FUND GROUPS $ 68,226,113 $ 61,545,656 28,260
Residency Traineeship Programs 28,263
The foregoing appropriation item 333-402, Resident 28,265
Trainees, shall be used to fund training agreements entered into 28,266
by the Department of Mental Health for the development of 28,267
curricula and the provision of training programs to support 28,268
616
public mental health services. The appropriation line item may 28,269
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 28,270
between the public mental health system and college and 28,271
university traineeship programs established pursuant to section 28,272
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 28,274
The foregoing appropriation item 333-403, Pre-Admission 28,276
Screening Expenses, shall be used to pay for costs to ensure that 28,278
uniform statewide methods for pre-admission screening are in 28,279
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 28,280
another inpatient facility is sought. Pre-admission screening 28,282
includes the following activities: pre-admission assessment, 28,283
consideration of continued stay requests, discharge planning and 28,284
referral, and adjudication of appeals and grievance procedures. 28,285
Rental Payments to the Ohio Public Facilities Commission 28,287
LEASE-RENTAL PAYMENTS 28,290
The foregoing appropriation item 333-415, LEASE-Rental 28,292
Payments OPFC, shall be used to meet all payments at the times 28,295
they are required to be made during the period from July 1, 1999, 28,296
to June 30, 2001, by the Department of Mental Health to the Ohio 28,297
Public Facilities Commission pursuant to leases and agreements 28,299
made under section 154.20 of the Revised Code, but limited to the 28,300
aggregate amount of $58,600,000. Nothing in this act shall be 28,301
deemed to contravene the obligation of the state to pay, without 28,302
necessity for further appropriation, from the sources pledged 28,303
thereto, the bond service charges on obligations issued pursuant 28,304
to section 154.20 of the Revised Code. 28,305
Sec. 69.01. General Administration and Statewide 28,307
Services 28,308
General Revenue Fund 28,310
GRF 320-321 Central 28,313
Administration $ 12,054,435 $ 11,889,457 28,315
617
GRF 320-411 Special Olympics $ 200,000 $ 200,000 28,319
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 28,323
GRF 320-415 Rent Payments-OPFC 28,325
LEASE-RENTAL PAYMENTS $ 30,000,000 $ 28,600,000 28,328
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 28,331
General Services Fund Group 28,334
4B5 320-640 Conference/Training $ 761,387 $ 780,768 28,339
TOTAL GSF General Services 28,340
Fund Group $ 761,387 $ 780,768 28,343
Federal Special Revenue Fund Group 28,346
3A4 320-605 Administrative 28,349
Support $ 5,795,804 $ 6,491,300 28,351
3A5 320-613 DD Council Operating 28,353
Expenses $ 992,486 $ 992,486 28,355
325 320-634 Protective Services $ 916,969 $ 916,969 28,359
TOTAL FED Federal Special Revenue 28,360
Fund Group $ 7,705,259 $ 8,400,755 28,363
TOTAL ALL GENERAL ADMINISTRATION 28,364
AND STATEWIDE SERVICES 28,365
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 28,368
Rental Payments to the Ohio Public Facilities Commission 28,371
LEASE-RENTAL PAYMENTS 28,374
The foregoing appropriation item 320-415, Rent Payments - 28,376
OPFC, LEASE-RENTAL PAYMENTS, shall be used to meet all payments 28,379
at the times they are required to be made during the period from 28,380
July 1, 1999, to June 30, 2001, by the Department of Mental 28,381
Retardation and Developmental Disabilities to the Ohio Public 28,382
Facilities Commission pursuant to leases and agreements made 28,383
under section 154.20 of the Revised Code, but limited to the
aggregate amount of $58,600,000. Nothing in this act shall be 28,384
deemed to contravene the obligation of the state to pay, without 28,385
necessity for further appropriation, from the sources pledged 28,386
thereto, the bond service charges on obligations issued pursuant 28,387
to section 154.20 of the Revised Code. 28,388
618
Sec. 72.01. Rental Payments to the Ohio Public Facilities 28,390
CommissionOPFC LEASE-Rental 28,397
Payments, shall be used to meet all payments at the times they 28,399
are required to be made during the period from July 1, 1999, to 28,400
June 30, 2001, by the Department of Natural Resources to the Ohio 28,401
Public Facilities Commission, pursuant to leases and agreements 28,402
made under section 154.22 of the Revised Code, but limited to the 28,403
aggregate amount of $28,410,000. Nothing in this act shall be 28,404
deemed to contravene the obligation of the state to pay, without 28,405
necessity for further appropriation, from the sources pledged 28,406
thereto, the bond service charges on obligations issued pursuant 28,407
to section 154.22 of the Revised Code. 28,408
Fountain Square 28,410
The foregoing appropriation item 725-404, Fountain Square 28,412
Rental Payments - OBA, shall be used by the Department of Natural 28,414
Resources to meet all payments required to be made to the Ohio 28,415
Building Authority during the period from July 1, 1999, to June 28,416
30, 2001, pursuant to leases and agreements with the Ohio 28,417
Building Authority under section 152.241 of the Revised Code, but 28,418
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 28,420
transfer vouchers, shall make payments to the General Revenue 28,422
Fund from funds other than the General Revenue Fund to reimburse 28,423
the General Revenue Fund for their share of the lease rental 28,424
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 28,425
payment from the Ohio Building Authority for the actual amounts 28,426
necessary to fulfill the leases and agreements pursuant to 28,427
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 28,429
Facilities Management (Fund 635), shall be used for payment of 28,431
repairs, renovation, utilities, property management, and building 28,432
619
maintenance expenses for the Fountain Square Complex. Cash 28,433
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 28,434
Natural Resources shall be deposited to the Fountain Square 28,435
Facilities Management Fund (Fund 635). 28,436
Sec. 75. OLA OHIOANA LIBRARY ASSOCIATION 28,438
General Revenue Fund 28,440
GRF 355-501 Library Subsidy $ 461,750 $ 316,461 28,445
443,750 230,461 28,447
TOTAL GRF General Revenue Fund $ 461,750 $ 316,461 28,450
443,750 230,461 28,452
TOTAL ALL BUDGET FUND GROUPS $ 461,750 $ 316,461 28,455
443,750 230,461 28,457
Library Subsidy 28,460
Of the foregoing appropriation item 355-501, Library 28,462
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 28,463
relocation of the Ohioana Library from the State Departments 28,464
Building.
Sec. 92. CSF COMMISSIONERS OF THE SINKING FUND 28,466
General Revenue Fund 28,468
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 28,473
36,580,000 224,750,000 28,475
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 28,478
36,580,000 224,750,000 28,480
Debt Service Fund Group 28,482
071 155-900 Highway Obligations 28,485
Bond Retirement Fund $ 53,642,000 $ 51,636,000 28,487
072 155-900 Highway Capital 28,489
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 28,491
073 155-900 Natural Resources 28,493
Bond Retirement $ 12,865,000 $ 15,700,000 28,495
076 155-900 Coal Research and 28,497
Development Bond
620
Retirement Fund $ 5,690,000 $ 7,760,000 28,499
077 155-900 STATE CAPITAL 28,501
IMPROVEMENTS BOND 28,502
SERVICE FUND $ 0 $ 132,365,000 28,503
078 155-900 COMMON SCHOOLS 28,505
CAPITAL FACILITIES 28,506
BOND SERVICE FUND $ 13,650,000 $ 28,550,000 28,507
079 155-900 HIGHER EDUCATION 28,509
CAPITAL FACILITIES 28,510
BOND SERVICE FUND $ 4,375,000 $ 40,375,000 28,511
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 28,514
174,862,000 379,586,000 28,517
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 28,521
211,442,000 471,971,000 28,524
Additional Appropriations 28,526
Appropriation items in this section are for the purpose of 28,528
paying the principal and interest on bonds or other instruments 28,529
of indebtedness of this state issued pursuant to the Ohio 28,530
Constitution and acts of the General Assembly. If it is 28,531
determined that additional appropriations are necessary, such 28,532
amounts are hereby appropriated. 28,533
Sec. 97. DOT DEPARTMENT OF TRANSPORTATION 28,535
Transportation Modes 28,536
General Revenue Fund 28,538
GRF 775-451 Public Transportation 28,541
- State $ 27,970,941 $ 28,589,210 28,543
GRF 775-453 Waterfront Line Lease 28,545
Payments - State $ 1,781,000 $ 1,786,000 28,547
GRF 775-456 Public 28,549
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 28,552
GRF 775-458 Elderly and Disabled 28,554
Fare Assistance $ 3,285,159 $ 3,364,000 28,556
621
GRF 776-465 Ohio Rail Development 28,558
Commission $ 5,805,000 $ 5,780,800 28,560
GRF 776-466 RAILROAD CROSSING AND 28,562
GRADE SEPARATION $ 0 $ 1,000,000 28,565
GRF 777-471 Airport Improvements 28,567
- State $ 4,605,000 $ 2,679,525 28,569
GRF 777-473 Rickenbacker Lease 28,571
Payments - State $ 995,000 $ 997,000 28,573
TOTAL GRF General Revenue Fund $ 47,818,000 $ 46,653,457 28,576
47,653,457 28,578
Federal Special Revenue Fund Group 28,581
3B9 776-662 Rail Transportation - 28,584
Federal $ 1,000,000 $ 1,000,000 28,586
TOTAL FSR Federal Special Revenue 28,587
Fund Group $ 1,000,000 $ 1,000,000 28,590
State Special Revenue Fund Group 28,593
5E7 775-657 Transit Capital Funds $ 9,000,000 $ 9,000,000 28,598
4N4 776-663 Panhandle Lease 28,600
Payments $ 769,000 $ 770,000 28,602
4N4 776-664 Rail Transportation - 28,604
Other $ 500,000 $ 500,000 28,606
TOTAL SSR State Special Revenue 28,607
Fund Group $ 10,269,000 $ 10,270,000 28,610
TOTAL ALL BUDGET FUND GROUPS $ 59,087,000 $ 57,923,457 28,613
58,923,457 28,615
Aviation Lease Payments 28,618
The foregoing appropriation item 777-473, Rickenbacker 28,620
Lease Payments - State, shall be used to meet scheduled payments 28,621
for the Rickenbacker Port Authority. The Director of 28,622
Transportation shall certify to the Director of Budget and 28,623
Management any appropriations in appropriation item 777-473, 28,624
Rickenbacker Lease Payments - State, that are not needed to make 28,625
lease payments for the Rickenbacker Port Authority. 28,626
Notwithstanding section 127.14 of the Revised Code, the amount 28,627
622
certified may be transferred by the Director of Budget and 28,628
Management to appropriation item 777-471, Airport Improvements - 28,629
State.
Transfer of Appropriations - Public Transportation 28,631
The Director of Budget and Management may approve requests 28,633
from the Department of Transportation for the transfer of 28,634
appropriations among appropriation item 775-451, Public 28,635
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 28,636
775-458, Elderly and Disabled Fare Assistance. Transfers among 28,637
appropriation items shall be made upon the written request of the 28,639
Director of Transportation with the approval of the Director of 28,641
Budget and Management. Such transfers shall be reported to the 28,642
Controlling Board at the next regularly scheduled meeting of the 28,643
board.
RAILROAD CROSSING AND GRADE SEPARATION 28,647
THE FOREGOING APPROPRIATION ITEM 776-466, RAILROAD CROSSING 28,650
AND GRADE SEPARATION, SHALL BE USED TO FUND THE RAIL CROSSING 28,651
SAFETY INITIATIVE, WHICH WILL PROVIDE IMPROVEMENTS TO COMMUNITIES 28,652
MOST AFFECTED BY RAIL TRAFFIC AND RELATED ISSUES.
Indigent Highway Victims Program Payment 28,654
The Department of Transportation is authorized to use 28,656
appropriation item 779-491, State Administration, from the 28,657
Highway Operating Fund to make a payment of $5,772 to Lakewood 28,658
Hospital in Cuyahoga County for services provided by the hospital 28,659
in Fiscal Year 1997 under the former Indigent Persons Care 28,660
Program which was administered by the Department of Health. 28,661
Payment of $5,772 to Lakewood Hospital shall be funded with 28,662
$5,772, which the Department of Health deposited into Fund 002 28,663
after collecting moneys that were mistakenly paid to another 28,664
hospital.
Sec. 98.01. Commissioners of the Sinking Fund 28,666
The foregoing appropriation item 090-401, Commissioners of 28,668
the Sinking Fund, shall be used for all costs incurred by order 28,669
623
of, or on behalf of, the Commissioners of the Sinking Fund OR ITS 28,670
SUCCESSOR THE OHIO PUBLIC FACILITIES COMMISSION, with respect to 28,673
the issuance and sale of bonds or other obligations, including, 28,674
but not limited to, engraving, printing, advertising, and other 28,675
related outlays DELIVERY, PROCUREMENT OF RATINGS, AND OTHER 28,676
SERVICES SET FORTH IN DIVISION (D) OF SECTION 151.01 OF THE
REVISED CODE. The General Revenue Fund shall be reimbursed for 28,678
such costs on intrastate transfer voucher drawn by the 28,679
Commissioners of the Sinking Fund, pursuant to a certification by 28,680
the Treasurer of State of the actual amounts used. The amounts 28,681
necessary to make such reimbursements are hereby appropriated 28,682
from the bond retirement funds created by the laws and 28,683
Constitution of this state to the extent such costs are incurred. 28,684
Capital Improvements Bond Service 28,686
The foregoing appropriation item 090-900, Capital 28,688
Improvements Bond Service, shall be used for the purpose of 28,689
paying the principal and interest on General Obligation 28,690
Infrastructure Improvement Bonds issued pursuant to the Ohio 28,691
Constitution and acts of the General Assembly. If it is 28,692
determined that additional appropriations are necessary, such 28,693
amounts are hereby appropriated. 28,694
Sec. 174. Sections 122.15, 122.152, 129.55, 129.63, 28,696
129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 28,697
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 28,698
5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as 28,699
amended by this act AM. SUB. H.B. 283 OF THE 123rd GENERAL 28,701
ASSEMBLY, first apply to the excise tax year beginning May 1, 28,702
2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 28,703
5727.29 of the Revised Code, as enacted by this act, first apply 28,705
to gross receipts derived from taxable activities that occur 28,706
after April 30, 2000. Natural gas companies and combined 28,707
electric and gas companies must file an annual statement pursuant 28,708
to section 5727.31 of the Revised Code on or before August 1, 28,709
2000, and the Tax Commissioner shall issue an assessment pursuant 28,710
624
to section 5727.38 of the Revised Code on or before the first 28,711
Monday in November 6, 2000, for the period ending April 30, 2000. 28,713
Such companies shall have made and shall make payments of the 28,714
excise tax on gross receipts imposed by section 5727.30 of the 28,716
Revised Code on or before October 15, 1999, March 1, 2000, and 28,717
June 1, 2000, in accordance with section 5727.31 of the Revised 28,718
Code. Division (D) of section FOR TAX YEAR 2000, THE TAX 28,719
COMMISSIONER SHALL ISSUE TWO SEPARATE ASSESSMENTS UNDER SECTION 28,721
5727.38 OF THE REVISED CODE WITH RESPECT TO EACH COMBINED 28,723
COMPANY. THE FIRST ASSESSMENT SHALL REFLECT ONLY THE TAXABLE
GROSS RECEIPTS OF A COMBINED COMPANY FROM OPERATING AS A NATURAL 28,725
GAS COMPANY SUBJECT TO THE TAX LEVIED BY SECTION 5727.24 OF THE 28,726
REVISED CODE, AS AMENDED BY THIS ACT. THE SECOND ASSESSMENT 28,727
SHALL REFLECT ALL THE OTHER TAXABLE GROSS RECEIPTS OF THE
COMBINED COMPANY. A COMBINED COMPANY'S ESTIMATED PAYMENTS THAT 28,729
ARE DUE ON OR BEFORE OCTOBER 15, 2000, MARCH 1, 2001, AND JUNE 1, 28,731
2001 UNDER DIVISION (B) OF SECTION 5727.31 OF THE REVISED CODE 28,733
SHALL BE BASED SOLELY ON THIS SECOND ASSESSMENT. SECTION 5727.42 28,735
of the Revised Code does not apply to the portion of any 28,736
assessment issued by the Tax Commissioner for the period ending 28,737
April 30, 2000, that reflects the excise tax owed on those gross 28,738
receipts from operating as a natural gas company that would have 28,739
been subject to the tax under section 5727.24 of the Revised 28,740
Code, as enacted AMENDED by this act AM. SUB. H.B. 283 OF THE 28,742
123rd GENERAL ASSEMBLY. 28,743
A NATURAL GAS COMPANY THAT HAD A TAX LIABILITY OF LESS THAN 28,746
$325,000 FOR THE TAX ASSESSED BY THE TAX COMMISSIONER ON OR 28,747
BEFORE NOVEMBER 1, 1999, IS NOT REQUIRED TO MAKE ANY TAX PAYMENTS 28,749
UNDER SECTION 5727.42 OF THE REVISED CODE FOR THE TAX ASSESSED BY 28,751
THE TAX COMMISSIONER ON OR BEFORE NOVEMBER 6, 2000, AND THAT 28,752
COMPANY SHALL REMIT THE TAX IMPOSED BY SECTION 5727.24 OF THE 28,753
REVISED CODE FOR THE PERIOD OF MAY 1, 2000, TO DECEMBER 31, 2000, 28,754
UNDER DIVISION (B) OF SECTION 5727.25 OF THE REVISED CODE. 28,755
Sec. 175. Any natural gas company that, as of July 1, 28,757
625
1999, has over three hundred thousand 300,000 open access 28,758
residential customers shall pay A TAX OF $10,300,000 on June 30, 28,760
2001, as an advance payment of the tax imposed by section 5727.24 28,762
of the Revised Code, as enacted by this act, for the quarter 28,764
ending June 30, 2001. This payment is an advance payment of the 28,765
tax that is due within 45 days after the last day of June as 28,766
required by division (A) of section 5727.25 of the Revised Code, 28,767
as enacted by this act. The $10,300,000. THIS TAX payment shall 28,769
be refundable to a natural gas company as a credit DIVIDED 28,771
EQUALLY OVER 60 QUARTERS in accordance with division (B) or (C) 28,772
of section 5727.29 of the Revised Code, BEGINNING WITH THE TAX IT 28,774
IS REQUIRED TO PAY FOR THE QUARTER ENDING SEPTEMBER 30, 2001." 28,775
Section 67. That existing Sections 8, 9, 9.07, 9.14, 28,777
37.05, 37.06, 37.11, 51, 53, 55, 58.04, 58.09, 65, 68, 69.01, 28,779
72.01, 75, 92, 97, 98.01, 174, and 175 of Am. Sub. H.B. 283 of 28,781
the 123rd General Assembly are hereby repealed.
Section 68. That Section 30 of Am. Sub. H.B. 283 of the 28,783
123rd General Assembly, as amended by Am. Sub. H.B. 470 of the 28,784
123rd General Assembly, be amended to read as follows: 28,785
"Sec. 30. CEB CONTROLLING BOARD 28,787
General Revenue Fund 28,789
GRF 911-401 Emergency 28,792
Purposes/Contingencies$ 6,372,000 $ 6,000,000 28,794
GRF 911-402 Employee Compensation 28,796
Adjustment $ 0 $ 38,000,000 28,798
GRF 911-403 School District 28,800
Financial Planning $ 500,000 $ 500,000 28,802
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 28,806
GRF 911-410 Ohio Veterans' Home $ 250,000 $ 300,000 28,810
GRF 911-419 Foster Caregiver 28,812
Training $ 0 $ 3,000,000 28,814
GRF 911-441 Ballot Advertising 28,816
Costs $ 800,000 $ 800,000 28,818
GRF 911-442 Year 2000 Assistance $ 4,400,000 $ 1,500,000 28,822
626
TOTAL GRF General Revenue Fund $ 14,322,000 $ 52,100,000 28,825
State Special Revenue Fund Group 28,827
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 28,832
TOTAL SSR State Special 28,833
Revenue Fund Group $ 20,600,000 $ 4,400,000 28,836
TOTAL ALL BUDGET FUND GROUPS $ 34,922,000 $ 56,500,000 28,839
Federal Share 28,842
In transferring appropriations to or from appropriation 28,844
items that have federal shares identified in this act AM. SUB. 28,846
H.B. 283 OF THE 123rd GENERAL ASSEMBLY, the Controlling Board 28,849
shall add or subtract corresponding amounts of federal matching 28,850
funds at the percentages indicated by the state and federal 28,851
division of the appropriations in this act AM. SUB. H.B. 283 OF 28,852
THE 123rd GENERAL ASSEMBLY. Such changes are hereby 28,855
appropriated.
Appropriation Transfers 28,857
In fiscal year 2000, the Controlling Board may transfer to 28,859
the Bureau of Employment Services or to the Department of Human 28,860
Services OR THE DEPARTMENT OF COMMERCE all or part of an 28,862
appropriation that is made to the Department of Job and Family 28,863
Services for fiscal year 2001. In fiscal year 2001, the 28,864
Controlling Board may transfer to the Department of Job and 28,865
Family Services OR THE DEPARTMENT OF COMMERCE all or part of any 28,866
balance in an appropriation that is made to the Bureau of 28,867
Employment Services or to the Department of Human Services for 28,868
fiscal year 2000. 28,869
Disaster Assistance 28,871
Pursuant to requests submitted by the Department of Public 28,873
Safety, the Controlling Board may approve transfers from the 28,874
foregoing appropriation item 911-401, Emergency 28,875
Purposes/Contingencies, to a Department of Public Safety General 28,876
Revenue Fund appropriation item to provide funding for assistance 28,877
to political subdivisions made necessary by natural disasters or 28,878
emergencies. Such transfers may be requested and approved prior 28,879
627
to the occurrence of any specific natural disasters or 28,880
emergencies in order to facilitate the provision of timely 28,881
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 28,882
that meet Controlling Board criteria for assistance. The 28,883
department shall submit a report to the Controlling Board 28,884
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 28,886
The Office of Criminal Justice Services and the Public 28,888
Defender Commission may each request, upon approval of the 28,889
Director of Budget and Management, additional funds from the 28,890
foregoing appropriation item 911-401, Emergency 28,891
Purposes/Contingencies, for costs related to the disturbance that 28,892
occurred on April 11, 1993, at the Southern Ohio Correctional 28,893
Facility in Lucasville, Ohio. 28,894
Project OASIS 28,896
The Office of the Attorney General may request, upon 28,898
approval of the Director of Budget and Management, that the 28,899
Controlling Board release up to $372,000 in fiscal year 2000 from 28,900
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 28,901
OASIS in the event that federal funding for this program is 28,902
insufficient or delayed.
Disaster Services 28,904
The foregoing appropriation item 911-601, Disaster 28,906
Services, shall be used by the Controlling Board, pursuant to 28,908
requests submitted by state agencies, to transfer cash and 28,909
appropriation authority to any fund and appropriation line item 28,910
of the state for the payment of state agency program expenses as 28,912
follows:
(A) The southern Ohio flooding, referred to as 28,915
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 28,919
FEMA-DR-1227-OH;
628
(C) In fiscal year 2000, $5,000,000 to the Department of 28,921
Natural Resources to be used for statewide flood mitigation 28,922
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 28,924
local governments for costs associated with tornado disaster 28,925
relief in Hamilton and Warren Counties; 28,926
(E) If the Director of Budget and Management determines 28,930
that sufficient funds exist beyond the expected program costs of 28,931
these disasters, other disasters declared by the Governor. 28,933
Of the amount appropriated in fiscal year 2000 for the 28,935
foregoing appropriation item 911-601, Disaster Services, 28,936
$5,000,000 is the unencumbered and unallotted cash balance that 28,937
exists in Fund 5E2 on June 30, 1999. 28,938
Employee Compensation 28,940
Notwithstanding division (D) of section 127.14 and division 28,942
(B) of section 131.35 of the Revised Code, except for the General 28,943
Revenue Fund, the Controlling Board may, upon the request of 28,944
either the Director of Budget and Management, or a state agency 28,945
with the approval of the Director of Budget and Management, 28,946
increase appropriations for any fund, as necessary for the 28,947
various state agencies, to assist in paying the costs of 28,948
increases in employee compensation that occur on or after July 1, 28,949
2000, that are provided pursuant to collective bargaining 28,950
agreements under Chapter 4117. of the Revised Code and the costs 28,951
of increased compensation provided for employees that are exempt 28,952
from collective bargaining. 28,953
The Controlling Board may transfer appropriations from the 28,955
foregoing appropriation item 911-402, Employee Compensation 28,956
Adjustment, to the various agencies based on requests submitted 28,957
by the Director of Budget and Management to assist in paying for 28,958
the General Revenue Fund's share of employee compensation 28,959
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 28,960
compensation that are provided to employees that are exempt from 28,961
629
collective bargaining.
School District Financial Planning 28,963
The foregoing appropriation item 911-403, School District 28,965
Financial Planning, shall be used to pay costs of implementing 28,966
the school district watch and fiscal emergency provisions of 28,967
sections 3316.01 to 3316.08 of the Revised Code, including the 28,968
expenses of the school district financial planning and 28,969
supervision commission. Upon the request of any agency involved 28,970
in implementing the school district watch or fiscal emergency 28,971
provisions, the Controlling Board may transfer all or part of the 28,973
appropriation to the agency.
Mandate Assistance 28,975
(A) The foregoing appropriation item 911-404, Mandate 28,977
Assistance, shall be used to provide financial assistance to 28,978
local units of government, school districts, and fire departments 28,980
for the cost of the following three unfunded state mandates: 28,981
(1) The cost to county prosecutors for prosecuting certain 28,983
felonies that occur on the grounds of state institutions operated 28,985
by the Department of Rehabilitation and Correction and the 28,986
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 28,988
of providing firefighter training and equipment or gear; 28,989
(3) The cost to school districts of in-service training 28,991
for child abuse detection. 28,992
(B) The State and Local Government Commission may prepare 28,994
and submit to the Controlling Board one or more requests to 28,995
transfer appropriations from appropriation item 911-404, Mandate 28,996
Assistance, to the state agencies charged with administering the 28,997
state financial assistance to be provided under this section. 28,998
The state agencies charged with this administrative 29,000
responsibility are listed below, as well as the estimated annual 29,001
amounts that the commission may propose be used for each program 29,003
of state financial assistance.
Administering Estimated Annual 29,008
630
Program Agency Amount 29,011
Prosecution Costs Office of Criminal 29,014
Justice Services $200,000 29,016
Firefighter Training Department of 29,018
Costs Commerce $1,000,000 29,019
Child Abuse Detection Department of 29,021
Training Costs Education $800,000 29,022
(C) Subject to the total amount appropriated in each 29,025
fiscal year for appropriation item 911-404, Mandate Assistance, 29,026
the commission may propose to the Controlling Board that amounts 29,028
smaller or larger than these estimated annual amounts be 29,029
transferred to each program. 29,030
(D) In addition to making the initial transfers requested 29,032
by the commission, the Controlling Board may, if requested by the 29,034
commission, transfer appropriations received by a state agency 29,036
under this section back to appropriation item 911-404, Mandate 29,037
Assistance, or to one or more of the other programs of state 29,038
financial assistance identified under this section. 29,039
(E) It is expected that not all costs incurred by local 29,041
units of government, school districts, and fire departments under 29,042
each of the three programs of state financial assistance 29,043
identified under this section will be fully reimbursed by the 29,044
state. Reimbursement levels may vary by program and shall be 29,045
based on: the relationship between the appropriation transfers 29,046
requested by the commission and provided by the Controlling Board 29,047
for each of the programs; the rules and procedures established 29,049
for each program by the commission and the administering state 29,050
agency; and the actual costs incurred by local units of 29,052
government, school districts, and fire departments. 29,053
(F) Each of these programs of state financial assistance 29,055
shall be carried out as follows: 29,056
(1) Prosecution Costs 29,058
(a) Appropriations may be transferred to the Office of 29,060
Criminal Justice Services to cover local prosecution costs for 29,061
631
aggravated murder, murder, felonies of the first degree, and 29,062
felonies of the second degree that occur on the grounds of 29,063
institutions operated by the Department of Rehabilitation and 29,064
Correction and the Department of Youth Services. 29,065
(b) Upon a delinquency filing in juvenile court or the 29,067
return of an indictment for aggravated murder, murder, or any 29,068
felony of the first or second degree that was committed at a 29,069
Department of Youth Services or a Department of Rehabilitation 29,070
and Correction institution, the affected county may, in 29,071
accordance with rules that the Office of Criminal Justice 29,072
Services shall adopt, apply to the Office of Criminal Justice 29,073
Services for a grant to cover all documented costs that are 29,074
incurred by the county prosecutor's office. 29,075
(c) Twice each year, the Office of Criminal Justice 29,077
Services shall designate counties to receive grants from those 29,079
counties that have submitted one or more applications in 29,080
compliance with the rules that have been adopted by the Office of 29,081
Criminal Justice Services for the receipt of such grants. In 29,082
each year's first round of grant awards, if sufficient 29,083
appropriations have been made, up to a total of $100,000 may be 29,085
awarded. In each year's second round of grant awards, the 29,086
remaining appropriations available for this purpose may be 29,087
awarded.
(d) If for a given round of grants there are insufficient 29,089
appropriations to make grant awards to all the eligible counties, 29,091
the first priority shall be given to counties with cases 29,092
involving aggravated murder and murder, second priority shall be 29,093
given to cases involving a felony of the first degree, and third 29,094
priority shall be given to cases involving a felony of the second 29,095
degree. Within these priorities, the grant awards shall be based 29,096
on the order in which the applications were received, except that 29,097
applications for cases involving a felony of the first or second 29,098
degree shall not be considered in more than two consecutive 29,099
rounds of grant awards.
632
(2) Firefighter Training Costs 29,101
Appropriations may be transferred to the Department of 29,103
Commerce for use as full or partial reimbursement to local units 29,104
of government and fire departments for the cost of firefighter 29,105
training and equipment or gear. In accordance with rules that 29,106
the department shall adopt, a local unit of government or fire 29,107
department may apply to the department for a grant to cover all 29,108
documented costs that are incurred to provide firefighter 29,109
training and equipment or gear. The department shall make grants 29,110
within the limits of the funding provided, with priority given to 29,112
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 29,114
Appropriations may be transferred to the Department of 29,116
Education for disbursement to local school districts as full or 29,117
partial reimbursement for the cost of providing in-service 29,118
training for child abuse detection. In accordance with rules 29,119
that the department shall adopt, a local school district may 29,120
apply to the department for a grant to cover all documented costs 29,121
that are incurred to provide in-service training for child abuse 29,122
detection. The department shall make grants within the limits of 29,123
the funding provided. 29,124
(G) IF, OVER THE COURSE OF THE BIENNIUM BEGINNING JULY 1, 29,126
1999, AND ENDING JUNE 30, 2001, ONE OF THESE THREE SPECIFIED 29,127
UNFUNDED STATE MANDATES RECEIVES FUNDING ASSISTANCE DIRECTLY FROM 29,128
THE GENERAL REVENUE FUND, AS OPPOSED TO RECEIVING APPROPRIATIONS 29,129
INDIRECTLY THROUGH THE TRANSFER MECHANISM DESCRIBED IN THIS 29,130
SECTION, THEN THIS STATE MANDATE IS NO LONGER CONSIDERED UNFUNDED 29,131
FOR THE PURPOSES OF THIS SECTION. IN SUCH A CIRCUMSTANCE, THE 29,132
STATE AND LOCAL GOVERNMENT COMMISSION MAY PREPARE AND SUBMIT A 29,133
REQUEST TO THE CONTROLLING BOARD TO REPLACE THIS NOW FUNDED STATE 29,134
MANDATE WITH ANOTHER UNFUNDED STATE MANDATE. IF APPROVED BY THE 29,135
CONTROLLING BOARD, THIS REPLACEMENT UNFUNDED STATE MANDATE IS 29,136
ELIGIBLE FOR THE SAME AMOUNT OF STATE FINANCIAL ASSISTANCE THAT 29,137
THE UNFUNDED STATE MANDATE IT IS REPLACING WAS ELIGIBLE FOR AND 29,138
633
UNDER THE SAME GENERAL CONDITIONS THAT GOVERN THE THREE UNFUNDED 29,139
STATE MANDATES SPECIFIED IN THIS SECTION. THE STATE AND LOCAL 29,140
GOVERNMENT COMMISSION'S REQUEST TO THE CONTROLLING BOARD FOR 29,141
APPROVAL OF THIS REPLACEMENT UNFUNDED STATE MANDATE SHALL INCLUDE 29,142
A DESCRIPTION OF HOW THE PROGRAM OF STATE FINANCIAL ASSISTANCE 29,143
FOR THIS REPLACEMENT UNFUNDED STATE MANDATE WILL BE IMPLEMENTED. 29,144
(H) WITHIN THIRTY CALENDAR DAYS PRIOR TO THE END OF FISCAL 29,146
YEARS 2000 AND 2001, EACH ADMINISTERING AGENCY SHALL FILE A 29,147
REPORT WITH THE STATE AND LOCAL GOVERNMENT COMMISSION AND THE 29,149
CONTROLLING BOARD PROVIDING DETAILED INFORMATION ON ITS
EXPENDITURE OF ANY MANDATE ASSISTANCE FUNDING THAT WAS 29,150
TRANSFERRED UNDER THIS SECTION OVER THE COURSE OF THE CURRENT 29,151
BIENNIUM TO THE ADMINISTERING AGENCY BY THE CONTROLLING BOARD. 29,152
(I) ANY MONEYS ALLOCATED WITHIN APPROPRIATION ITEM 29,154
911-404, MANDATE ASSISTANCE, NOT FULLY UTILIZED MAY, UPON 29,155
APPLICATION OF THE STATE AND LOCAL GOVERNMENT COMMISSION, AND 29,157
WITH THE APPROVAL OF THE CONTROLLING BOARD, BE DISBURSED BY 29,158
ELECTRONIC FUNDS TRANSFER OR UPON WARRANT OF THE AUDITOR OF STATE 29,160
TO BOARDS OF COUNTY COMMISSIONERS TO PROVIDE OFFICE SPACE, 29,161
EQUIPMENT, AND RELATED MANDATED EXPENSES FOR EDUCATIONAL SERVICE 29,162
CENTERS. 29,163
THE EXECUTIVE DIRECTOR OF THE STATE AND LOCAL GOVERNMENT 29,166
COMMISSION SHALL DETERMINE THE AMOUNT TO BE DISBURSED TO EACH 29,167
COUNTY AND SHALL PROVIDE THIS INFORMATION TO THE AUDITOR OF 29,168
STATE. THIS SHALL BE ALLOCATED PROPORTIONATELY TO THE ADM OF THE 29,169
EDUCATIONAL SERVICE CENTER FOR WHICH A BOARD OF COUNTY 29,171
COMMISSIONERS IS REQUIRED TO PROVIDE AN OFFICE UNDER SECTION
3319.19 OF THE REVISED CODE. AS USED IN THIS SECTION, "ADM" 29,172
MEANS THE FORMULA ADMs OF ALL THE LOCAL DISTRICT HAVING TERRITORY 29,174
IN THE SERVICE CENTER, AS CERTIFIED IN OCTOBER OF THE PREVIOUS 29,176
YEAR BY THE SERVICE CENTER SUPERINTENDENT TO THE STATE BOARD OF 29,177
EDUCATION UNDER SECTION 3317.03 OF THE REVISED CODE. 29,178
Ohio Veterans' Home 29,180
With the approval of the Director of Budget and Management, 29,182
634
the Ohio Veterans' Home may request that the Controlling Board 29,183
transfer all or part of the foregoing appropriation item 911-410, 29,184
Ohio Veterans' Home, to assist the Ohio Veterans' Home in 29,185
defraying the operating expenses incurred as a result of its role 29,186
in the planning and construction of a second veterans' home. 29,187
Foster Caregiver Training 29,189
Upon the passage of appropriate legislation by the 123rd 29,190
General Assembly, the Department of Job and Family Services shall 29,191
request that the Controlling Board transfer up to $3,000,000 in 29,192
fiscal year 2001 from the foregoing appropriation item 911-419, 29,193
Foster Caregiver Training, for the purpose of establishing a 29,194
program of precertification and continuing training for foster
caregivers. 29,195
Ballot Advertising Costs 29,197
Pursuant to requests submitted by the Ohio Ballot Board, 29,199
the Controlling Board shall approve transfers from the foregoing 29,200
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 29,201
Ballot Board line item in order to reimburse county boards of 29,202
elections for the cost of public notices associated with
statewide ballot initiatives. 29,203
Of the foregoing appropriation item 911-441, Ballot 29,205
Advertising Costs, the Director of Budget and Management shall 29,206
transfer any amounts that are not needed for the purpose of 29,207
reimbursing county boards of elections for the cost of public 29,208
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 29,209
Year 2000 Assistance 29,211
The Department of Administrative Services shall make a 29,213
concerted effort to recover from state agencies its cost of 29,214
providing Year 2000 compliance assistance to state agencies on or 29,215
after July 1, 1999. In instances where such cost recovery 29,216
attempts are impractical or unreasonable, the Department of 29,217
Administrative Services may request approval of the Controlling 29,218
Board to transfer appropriations from the foregoing appropriation 29,219
635
item 911-442, Year 2000 Assistance, to the department in order to 29,220
assist in paying for the costs that it incurs in providing Year 29,221
2000 assistance to state agencies. 29,222
The Director of Budget and Management shall certify to the 29,224
members of the Controlling Board, of the amount appropriated to 29,225
appropriation item 042-900, OBM Y2K Contingency, how much is 29,226
subsequently for deposit to the credit of the General Revenue 29,227
Fund. The Director of Budget and Management shall then increase 29,228
the appropriation authority in the foregoing appropriation item 29,229
911-442, Year 2000 Assistance, by the amount so certified." 29,230
Section 69. That existing Section 30 of Am. Sub. H.B. 283 29,232
of the 123rd General Assembly, as amended by Am. Sub. H.B. 470 of 29,233
the 123rd General Assembly, is hereby repealed. 29,234
Section 70. That Sections 28, 37, 37.14, 55.07, 72, 90, 29,236
98, and 101 of Am. Sub. H.B. 283 of the 123rd General Assembly, 29,238
as amended by Sub. S.B. 245 of the 123rd General Assembly, be 29,240
amended to read as follows:
"Sec. 28. COM DEPARTMENT OF COMMERCE 29,242
General Revenue Fund 29,244
GRF 800-402 Grants - Volunteer 29,247
Fire Departments $ 782,478 $ 819,807 29,249
Total GRF General Revenue Fund $ 782,478 $ 819,807 29,252
General Services Fund Group 29,255
163 800-620 Division of 29,258
Administration $ 4,771,766 $ 4,787,925 29,260
TOTAL GSF General Services Fund 29,261
Group $ 4,771,766 $ 4,787,925 29,264
Federal Special Revenue Fund Group 29,267
348 800-622 Underground Storage 29,270
Tanks $ 200,580 $ 195,008 29,272
348 800-624 Leaking Underground 29,274
Storage Tanks $ 1,314,605 $ 1,295,920 29,276
TOTAL FED Federal Special Revenue 29,277
Fund Group $ 1,515,185 $ 1,490,928 29,280
636
State Special Revenue Fund Group 29,283
4B2 800-631 Real Estate Appraisal 29,286
Recovery $ 68,500 $ 68,500 29,288
4D2 800-605 Auction Education $ 30,230 $ 30,476 29,292
4H9 800-608 Cemeteries $ 237,344 $ 243,434 29,296
4L5 800-609 Fireworks Training 29,298
and Education $ 5,000 $ 5,000 29,300
4X2 800-619 Financial 29,302
Institutions $ 1,920,385 $ 1,873,615 29,304
5B8 800-628 Auctioneers $ 347,591 $ 323,316 29,308
5B9 800-632 PI & Security Guard 29,310
Provider $ 935,159 $ 940,874 29,312
5K7 800-621 PENALTY ENFORCEMENT $ 10,000 $ 10,000 29,316
5K8 800-623 PREVAILING WAGE $ 43,000 $ 43,000 29,320
543 800-602 Unclaimed 29,322
Funds-Operating $ 4,611,007 $ 4,663,857 29,324
543 800-625 Unclaimed 29,326
Funds-Claims $ 23,783,981 $ 24,354,796 29,328
544 800-612 Banks $ 5,979,092 $ 5,956,369 29,332
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 29,336
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 29,340
547 800-603 Real Estate 29,342
Education/Research $ 248,237 $ 254,194 29,344
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 29,348
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 29,352
550 800-617 Securities $ 4,675,239 $ 4,639,787 29,356
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 29,360
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 29,364
556 800-615 Industrial Compliance $ 19,321,973 $ 19,160,662 29,368
6A4 800-630 Real Estate 29,370
Appraiser-Operating $ 496,596 $ 489,207 29,372
653 800-629 UST 29,374
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 29,376
637
TOTAL SSR State Special Revenue 29,377
Fund Group $ 83,426,495 $ 83,551,569 29,380
83,479,495 83,604,569 29,383
Liquor Control Fund Group 29,386
043 800-321 Liquor Control 29,389
Operating $ 15,694,491 $ 14,245,821 29,391
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 29,395
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 29,399
TOTAL LCF Liquor Control 29,400
Fund Group $ 306,119,075 $ 312,805,522 29,403
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,455,751 29,406
396,667,999 403,508,751 29,409
Grants - Volunteer Fire Departments 29,412
The foregoing appropriation item 800-402, Grants - 29,414
Volunteer Fire Departments, shall be used to make annual grants 29,415
to volunteer fire departments of up to $10,000, or up to $25,000 29,416
in cases when the volunteer fire department provides service for 29,417
an area affected by a natural disaster. The program shall be 29,419
administered by the Fire Marshal under the Department of 29,420
Commerce. The Fire Marshal shall issue necessary rules for the 29,421
administration and operation of this program. 29,422
PENALTY ENFORCEMENT 29,424
THE FOREGONG APPROPRIATION ITEM 800-621, PENALTY 29,427
ENFORCEMENT, SHALL BE USED FOR THE DEPOSIT OF PENALTIES RESULTING
AS PROVIDED IN SECTION 4115.10 OF THE REVISED CODE. ANY 29,428
ADDITIONAL AMOUNTS THAT ARE DETERMINED TO BE NECESSARY FOR THESE 29,429
PURPOSES ARE HEREBY APPROPRIATED.
PREVAILING WAGE 29,431
THE FOREGOING APPROPRIATION ITEM 800-623, PREVAILING WAGE, 29,434
SHALL BE USED FOR THE DEPOSIT OF MONIES PAID BY EMPLOYEES FOR
WHOM PREVAILING WAGES ARE DUE AND OWING. ANY ADDITIONAL AMOUNTS 29,435
THAT ARE DETERMINED TO BE NECESSARY FOR THESE PURPOSES ARE HEREBY 29,436
APPROPRIATED.
Unclaimed Funds Payments 29,438
638
The foregoing appropriation item 800-625, Unclaimed 29,440
Funds-Claims, shall be used to pay claims pursuant to section 29,441
169.08 of the Revised Code. If it is determined that additional 29,442
amounts are necessary, the amounts are hereby appropriated. 29,443
Increased Appropriation Authority - Merchandising 29,445
The Director of Commerce may, upon concurrence by the 29,447
Director of Budget and Management, submit to the Controlling 29,448
Board for approval a request for increased appropriation 29,449
authority for appropriation item 800-601, Merchandising. 29,450
Administrative Assessments 29,452
Notwithstanding any other provision of law to the contrary, 29,454
Fund 163, Administration, shall receive assessments from all 29,455
operating funds of the department in accordance with procedures 29,456
prescribed by the Director of Commerce and approved by the 29,457
Director of Budget and Management.
Cash Balance Transfer 29,459
On July 1, 1999, or as soon thereafter as possible, the 29,461
Director of Budget and Management shall transfer the cash balance 29,462
in the Savings Bank Fund (Fund 4G8), which was abolished in Am. 29,464
Sub. H.B. 283 of the 123rd General Assembly by the repeal of 29,465
section 1163.17 of the Revised Code, to the Savings Institutions 29,467
Fund (Fund 545), which is created in Am. Sub. H.B. 283 of the 29,469
123rd General Assembly by the enactment of section 1181.18 of the 29,470
Revised Code. The Director shall cancel any existing 29,471
encumbrances against appropriation item 800-606, Savings Banks, 29,472
and reestablish them against appropriation item, 800-613, Savings 29,473
Institutions (Fund 545). The amounts of the reestablished
encumbrances are hereby appropriated. 29,474
Sec. 37. DEV DEPARTMENT OF DEVELOPMENT 29,476
General Revenue Fund 29,478
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 29,483
GRF 195-200 Maintenance $ 608,000 $ 608,000 29,487
GRF 195-300 Equipment $ 111,550 $ 111,550 29,491
GRF 195-401 Thomas Edison Program $ 25,553,540 $ 25,528,749 29,495
639
GRF 195-404 Small Business 29,497
Development $ 2,445,388 $ 2,465,504 29,499
GRF 195-405 Minority Business 29,501
Development Division $ 2,323,570 $ 2,324,418 29,503
GRF 195-406 Transitional and 29,505
Permanent Housing $ 2,760,270 $ 2,826,679 29,507
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 29,511
GRF 195-408 Coal Research 29,513
Development $ 588,465 $ 587,907 29,515
GRF 195-409 Energy Credit 29,517
Administration $ 0 $ 694,814 29,519
GRF 195-410 Defense Conversion 29,521
Assistance Program $ 740,000 $ 500,000 29,523
GRF 195-412 Business Development 29,525
Grants $ 15,005,000 $ 10,005,000 29,527
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 29,531
GRF 195-415 Regional Offices and 29,533
Economic Development $ 6,414,854 $ 6,338,038 29,535
GRF 195-416 Governor's Office of 29,537
Appalachia $ 1,628,800 $ 641,376 29,539
5,059,376 29,540
GRF 195-417 Urban/Rural 29,542
Initiative $ 1,000,000 $ 1,000,000 29,544
GRF 195-422 Technology Action $ 15,100,000 $ 15,100,000 29,548
GRF 195-428 Project 100 $ 2,000,000 $ 2,000,000 29,552
GRF 195-429 Y2K Compliance $ 10,000,000 $ 0 29,556
GRF 195-431 Community Development 29,558
Corporation Grants $ 2,520,386 $ 2,582,510 29,560
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 29,564
GRF 195-434 Industrial Training 29,566
Grants $ 18,000,000 $ 20,000,000 29,568
GRF 195-436 Labor/Management 29,570
Cooperation $ 1,164,000 $ 1,164,000 29,572
640
GRF 195-440 Emergency Shelter 29,574
Housing Grants $ 2,930,029 $ 2,999,139 29,576
GRF 195-441 Low and Moderate 29,578
Income Housing $ 7,760,000 $ 7,760,000 29,580
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 29,584
GRF 195-498 State Energy Match $ 147,221 $ 151,299 29,588
GRF 195-501 Appalachian Local 29,590
Development Districts $ 452,370 $ 463,227 29,592
GRF 195-502 Appalachian Regional 29,594
Commission Dues $ 190,000 $ 194,400 29,596
GRF 195-505 Utility Bill Credits $ 0 $ 7,500,000 29,600
GRF 195-507 Travel & Tourism 29,602
Grants $ 1,795,000 $ 1,640,000 29,604
GRF 195-513 Empowerment 29,606
Zones/Enterprise
Communities $ 2,000,000 $ 0 29,608
TOTAL GRF General Revenue Fund $ 139,040,930 $ 131,187,367 29,611
135,605,367 29,612
General Services Fund Group 29,615
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 29,620
136 195-621 International Trade $ 75,000 $ 0 29,624
685 195-636 General 29,626
Reimbursements $ 1,199,500 $ 1,222,233 29,628
TOTAL GSF General Services Fund 29,629
Group $ 8,737,530 $ 8,694,398 29,632
Federal Special Revenue Fund Group 29,635
3K8 195-613 Community Development 29,638
Block Grant $ 65,000,000 $ 65,000,000 29,640
3K9 195-611 Home Energy 29,642
Assistance Block
Grant $ 55,000,000 $ 55,000,000 29,644
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 29,648
3L0 195-612 Community Services 29,650
Block Grant $ 20,090,000 $ 20,090,000 29,652
641
308 195-602 Appalachian Regional 29,654
Commission $ 650,000 $ 650,000 29,656
308 195-603 Housing and Urban 29,658
Development $ 34,895,700 $ 34,895,700 29,660
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 29,664
308 195-609 Small Business 29,666
Administration $ 3,701,900 $ 3,701,900 29,668
308 195-616 Technology Programs $ 117,700 $ 0 29,672
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 29,676
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 29,680
380 195-622 Housing Development 29,682
Operating $ 3,711,800 $ 3,938,200 29,684
TOTAL FED Federal Special Revenue 29,685
Fund Group $ 212,791,425 $ 212,846,902 29,688
State Special Revenue Fund Group 29,690
4F2 195-639 State Special 29,693
Projects $ 1,530,000 $ 1,030,100 29,695
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 29,699
4S0 195-630 Enterprise Zone 29,701
Operating $ 323,079 $ 323,355 29,703
4S1 195-634 Job Creation Tax 29,705
Credit Operating $ 251,856 $ 258,422 29,707
4W1 195-646 Minority Business 29,709
Enterprise Loan $ 3,898,213 $ 3,972,954 29,711
444 195-607 Water and Sewer 29,713
Commission Loans $ 500,000 $ 500,000 29,715
445 195-617 Housing Finance 29,717
Agency $ 3,669,522 $ 3,532,181 29,719
450 195-624 Minority Business 29,721
Bonding Program
Administration $ 12,644 $ 12,947 29,723
451 195-625 Economic Development 29,725
Financing Operating $ 1,906,075 $ 1,970,014 29,727
642
586 195-653 Scrap Tire Loans and 29,729
Grants $ 1,000,000 $ 1,000,000 29,731
5F7 195-658 Local Government Y2K 29,733
Loan Program $ 10,000,000 $ 0 29,735
611 195-631 Water and Sewer 29,737
Administration $ 15,000 $ 15,000 29,739
617 195-654 Volume Cap 29,741
Administration $ 200,000 $ 196,640 29,743
646 195-638 Low and Moderate 29,745
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 29,747
TOTAL SSR State Special Revenue 29,748
Fund Group $ 44,751,589 $ 34,846,113 29,751
Facilities Establishment Fund 29,754
037 195-615 Facilities 29,757
Establishment $ 53,970,000 $ 55,481,100 29,759
4Z6 195-647 Rural Industrial Park 29,761
Loan $ 1,000,000 $ 1,000,000 29,763
3,000,000 5,000,000 29,764
5D1 195-649 Port Authority Bond 29,766
Reserves $ 2,500,000 $ 2,500,000 29,768
5D2 195-650 Urban Redevelopment 29,770
Loans $ 10,000,000 $ 10,000,000 29,772
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 29,776
TOTAL 037 Facilities 29,777
Establishment Fund $ 69,716,375 $ 71,227,475 29,780
71,716,375 75,227,475 29,781
Coal Research/Development Fund 29,784
046 195-632 Coal Research and 29,787
Development Fund $ 12,276,000 $ 12,570,624 29,789
TOTAL 046 Coal Research/ 29,790
Development Fund $ 12,276,000 $ 12,570,624 29,793
TOTAL ALL BUDGET FUND GROUPS $ 487,313,849 $ 471,372,879 29,796
489,313,849 479,790,879 29,797
643
Sec. 37.14. Facilities Establishment Fund 29,800
The foregoing appropriation item 195-615, Facilities 29,802
Establishment Fund (Fund 037), shall be used for the purposes of 29,803
the Facilities Establishment Fund under Chapter 166. of the 29,805
Revised Code. 29,806
Notwithstanding Chapter 166. of the Revised Code, up to 29,808
$1,600,000 may be transferred each fiscal year from the 29,810
Facilities Establishment Fund (Fund 037) to the Economic 29,811
Development Financing Operating Fund (Fund 451). The transfer is 29,812
subject to Controlling Board approval pursuant to division (B) of 29,814
section 166.03 of the Revised Code. 29,815
Notwithstanding Chapter 166. of the Revised Code, up to 29,817
$3,800,000 may be transferred in each fiscal year of the biennium 29,818
from the Facilities Establishment Fund (Fund 037) to the Minority 29,819
Business Enterprise Loan Fund (Fund 4W1). The transfer is 29,820
subject to Controlling Board approval pursuant to division (B) of 29,821
section 166.03 of the Revised Code. 29,822
Notwithstanding Chapter 166. of the Revised Code, up to 29,824
$5,000,000 cash may be transferred during the biennium from the 29,825
Facilities Establishment Fund (Fund 037) to the Port Authority 29,826
Bond Reserves Fund (Fund 5D1) for use by any port authority in 29,827
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 29,828
Director of Development shall develop program guidelines for the 29,829
transfer and release of funds, including, but not limited to, a 29,830
provision that no port authority shall receive more than 29,831
$2,000,000. The transfer and release of funds are subject to 29,832
Controlling Board approval.
Notwithstanding Chapter 166. of the Revised Code, up to 29,834
$20,000,000 cash may be transferred during the biennium from the 29,835
Facilities Establishment Fund (Fund 037) to the Urban 29,836
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 29,837
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 29,838
644
release of funds, including, but not limited to, the completion 29,839
of all appropriate environmental assessments before state 29,840
assistance is committed to a project.
Notwithstanding Chapter 166. of the Revised Code, up to 29,842
$1,000,000 3,000,000 IN FISCAL YEAR 2000 AND UP TO $5,000,000 IN 29,843
FISCAL YEAR 2001 IN cash may be transferred in each fiscal year 29,845
of the biennium from the Facilities Establishment Fund (Fund 037) 29,846
to the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer 29,848
is subject to Controlling Board approval pursuant to section 29,849
166.03 of the Revised Code.
Family Farm Loan Program 29,851
Notwithstanding Chapter 166. of the Revised Code, up to 29,853
$2,500,000 shall be transferred during the biennium from moneys 29,854
in the Facilities Establishment Fund (Fund 037) to the Family 29,855
Farm Loan Fund (Fund 5H1) in the Department of Development. 29,856
These moneys shall be used for loan guarantees. The transfer is 29,857
subject to Controlling Board approval. 29,858
Financial assistance from the Family Farm Loan Fund shall 29,861
be repaid to Fund 5H1. This fund is established in accordance 29,862
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 29,863
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 29,866
all outstanding balances, all loan repayments, and any other 29,868
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 29,869
Scrap Tire Loans and Grants 29,871
On July 1, 1999, or as soon thereafter as possible, the 29,873
Director of Development shall certify to the Director of Budget 29,874
and Management the balance in Fund 037, Facilities Establishment, 29,875
for the Scrap Tire Loan and Grant Program. The Director of 29,876
Budget and Management shall transfer the certified amount to Fund 29,877
586, Scrap Tire Loans and Grants. Any existing encumbrances in 29,878
appropriation item 195-615, Facilities Establishment, for the 29,879
Scrap Tire Loan and Grant Program shall be cancelled and
645
reestablished against appropriation item 195-653, Scrap Tire 29,880
Loans and Grants (Fund 586). These amounts are hereby 29,881
appropriated.
Sec. 55.07. Transfer of Funds 29,883
The Department of Human Services shall transfer, through 29,885
intrastate transfer vouchers, cash from State Special Revenue 29,886
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 29,887
Community-Based Services, in the Department of Mental Retardation 29,888
and Developmental Disabilities. The sum of the transfers shall 29,889
be equal to the amounts appropriated in fiscal year 2000 in 29,890
appropriation item 322-604, Waiver - Match. The transfer may 29,892
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 29,893
The Department of Human Services shall transfer, through 29,895
intrastate transfer vouchers, cash from the State Special Revenue 29,896
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 29,897
4J4, PASSPORT, in the Department of Aging. The sum of the 29,898
transfers shall be equal to the amount appropriated in fiscal 29,899
year 2000 in appropriation item 490-610, PASSPORT/Residential 29,900
State Supplement. The transfer may occur on a quarterly basis or 29,902
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 29,904
The Department of Human Services shall transfer, through 29,906
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 29,907
Program Support, to the Department of Mental Health's Fund 4X5, 29,908
OhioCare, in accordance with an interagency agreement that 29,910
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 29,911
services.
The Director of Budget and Management shall transfer cash 29,913
from the Department of Human Services Fund 5C9, Medicaid Program 29,915
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 29,916
MACSIS Funding 29,918
646
The Director of Budget and Management shall transfer cash 29,921
up to $499,962 from Fund 4X3, OhioCare, and up to $4,315 from 29,922
Fund 3P7, Medicaid Program Support, to Fund 4X5, Behavioral 29,924
Health Medicaid Services, to fund MACSIS implementation costs 29,925
incurred by the Department of Mental Health. 29,926
The Director of Budget and Management shall transfer cash 29,929
up to $500,000 from Fund 5C9, Medicaid Program Support, to Fund 29,930
4X5, Behavioral Health Medicaid Services, to fund MACSIS 29,932
implementation costs incurred by the Department of Mental Health. 29,933
This transfer shall be contingent on an available cash balance in 29,934
Fund 5C9 after other statutory obligations have been met. 29,935
Transfer from the Children's Trust Fund to the Wellness 29,937
Block Grant Fund
Within 90 days after the effective date of this section 29,940
JUNE 30, 1999, the Director of Budget and Management shall 29,941
transfer $1,000,000 in fiscal year 2000 from Fund 198, Children's 29,943
Trust Fund, to Fund 4N7, Wellness Block Grant, within the 29,944
Department of Human Services' budget.
Foster Care Liability Coverage 29,946
On behalf of public children services agencies, private 29,948
childplacing agencies, private noncustodial agencies and in 29,949
consultation with the Department of Insurance and the Office of 29,950
State Purchasing, the Department of Human Services may seek and 29,951
accept proposals for a uniform and statewide insurance policy to 29,952
indemnify foster parents for personal injury and property damage 29,953
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 29,954
children services agency, private childplacing agency and private 29,955
noncustodial agency that agrees to purchase the insurance policy. 29,956
CHILD PROTECTIVE SERVICES 29,959
OF THE FOREGOING APPROPRIATION ITEM 400-527, CHILD 29,962
PROTECTIVE SERVICES, $30,000 IN FISCAL YEAR 2000 SHALL BE
DISTRIBUTED TO THE CHILDREN'S ADVOCACY CENTER IN PORTAGE COUNTY. 29,964
Protective Services Incentive Funding 29,966
647
Notwithstanding the formula in section 5101.14 of the 29,968
Revised Code, from the foregoing appropriation item 400-527, 29,969
Child Protective Services, the Department of Human Services may 29,971
use no more than $2,400,000 in fiscal year 2000 as incentive 29,972
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 29,973
delivery to and assist public children service agencies in 29,974
complying with federal reporting requirements. Of this amount, 29,976
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 29,977
Department of Human Services shall develop a process for the 29,978
release of these funds and may adopt rules in accordance with 29,979
section 111.15 of the Revised Code governing the distribution, 29,980
release, and use of these funds.
Day Care/Head Start Collaborations 29,982
The Department of Human Services and the county departments 29,984
of human services shall work to develop collaborative efforts 29,985
between Head Start and child care providers. The Department of 29,986
Human Services may use the foregoing appropriation items 400-413, 29,988
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 29,989
child day care centers. 29,990
Four C's Comprehensive Community Child Care Program 29,992
From the foregoing appropriation item 400-617, Day Care 29,994
Federal, in fiscal year 2000, the Director of Human Services 29,995
shall provide $25,000 from child care funds to the Hamilton 29,996
County Department of Human Services to contract with the Four C's 29,997
Comprehensive Community Child Care for quality activities 29,998
allowable under the Child Care Development Block Grant. The
Hamilton County Department of Human Services and Four C's shall 29,999
agree on reporting requirements to be incorporated into the 30,000
contract.
Adoption Assistance 30,002
Of the foregoing appropriation item 400-528, Adoption 30,005
648
Services State, at least $3,700,000 in fiscal year 2000 shall be 30,006
used in support of post finalization adoption services offered 30,007
pursuant to section 5153.163 of the Revised Code. The Department 30,009
of Human Services shall adopt rules and procedures pursuant to 30,010
section 111.15 of the Revised Code to set payment levels and 30,011
limit eligibility for post finalization adoption services as 30,012
necessary to limit program expenditures to the amounts set forth 30,013
in this section, based on factors including, but not limited to, 30,014
any or all of the following: type, or extent, of the adopted 30,015
child's disability or special need; and resources available to 30,016
the adoptive family to meet the child's service needs. 30,017
Adoption Connection of Cincinnati 30,019
Of the foregoing appropriation item 400-528, Adoption 30,021
Services, $42,000 is earmarked in FY 2000 to support the Adoption 30,022
Connection of Cincinnati.
Child Support Collections/TANF MOE 30,024
The foregoing appropriation item 400-658, Child Support 30,026
Collections, shall be used by the Department of Human Services to 30,027
meet the TANF Maintenance of Effort requirements of Pub. L. No. 30,028
104-193. After the state has met the maintenance of effort 30,029
requirement, the Department of Human Services may use funds from 30,030
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 30,031
Private Child Care Agencies Training 30,033
The foregoing appropriation item 400-615, Private Child 30,035
Care Agencies Training, shall be used by the Department of Human 30,036
Services to provide the state match for federal Title IV-E 30,037
training dollars for private child placing agencies and private 30,038
noncustodial agencies. Revenues shall consist of moneys derived 30,039
from fees established under section 5101.143 of the Revised Code 30,040
and paid by private child placing agencies and private 30,041
noncustodial agencies.
Child Care Quality Improvement 30,043
The Department of Human Services shall make available to 30,045
649
county departments of human services an amount to fund the 30,047
improvement of the quality of publicly funded child care and
access to publicly funded child care, including, but not limited 30,048
to, recruitment, training, mentoring, and oversight of child care 30,049
providers or in-home providers. 30,050
Transfer for Lead Assessments 30,052
Of the foregoing appropriation item 400-525, Health 30,054
Care/Medicaid, the Department of Human Services may transfer 30,055
funds from the General Revenue Fund to the General Operations 30,056
Fund (Fund 142) of the Department of Health. Transfer of the 30,057
funds shall be made through intrastate transfer voucher pursuant 30,058
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 30,059
Healthcheck recipients.
Childhood Lead Poisoning Working Group 30,061
There is hereby created the Childhood Lead Poisoning 30,063
Working Group to study and propose a state plan to address lead 30,065
poisoning treatment and control issues. The Working Group shall 30,066
consist of fourteen members, one of whom must be a senator 30,067
appointed by the President of the Senate, and one member shall be 30,068
a representative appointed by the Speaker of the House of 30,069
Representatives. The Working Group shall also consist of two 30,070
designees of the Director of each of the following departments: 30,071
Department of Human Services, Department of Health, Department of 30,072
Development, Ohio Environmental Protection Agency, and the 30,073
Department of Education. The Help End Lead Poisoning Coalition 30,074
shall appoint two members. The members of the Working Group 30,075
shall be appointed within thirty days of the effective date of 30,076
this section JUNE 30, 1999.
Not later than June 30, 2000, the Working Group shall 30,078
submit a report of its findings and recommendations to the 30,079
Speaker and Minority Leader of the House of Representatives and 30,080
the President and the Minority Leader of the Senate. The 30,081
above-mentioned departments shall make staff available to the 30,082
650
Working Group.
Medicaid Program Support Fund - State 30,084
The foregoing appropriation item 400-671, Medicaid Program 30,086
Support, shall be used by the Department of Human Services to pay 30,087
for Medicaid services and contracts. 30,088
Holding Account Redistribution Group 30,090
The foregoing appropriation items 400-643 and 400-644, 30,092
Holding Account Redistribution Fund Group, shall be used to hold 30,093
revenues until they are directed to the appropriate accounts or 30,094
until they are refunded. If it is determined that additional 30,095
appropriation authority is necessary, such amounts are hereby 30,096
appropriated.
Agency Fund Group 30,098
The Agency Fund Group shall be used to hold revenues until 30,101
the appropriate fund is determined or until they are directed to 30,102
the appropriate governmental agency other than the Department of 30,104
Human Services. If it is determined that additional 30,105
appropriation authority is necessary, such amounts are hereby
appropriated. 30,106
Federal Special Revenue Fund Group 30,108
The foregoing appropriation items that appear in the 30,110
Department of Human Services' Federal Special Revenue Fund Group 30,111
shall be used to collect revenue from various sources and use the 30,112
revenue to support programs administered by the Department of 30,113
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 30,114
the Director of Budget and Management on forms prescribed by the 30,115
Controlling Board. If the Director agrees that the additional 30,116
appropriation authority is necessary in order to perform the 30,117
functions allowable in the appropriation item, then such amounts 30,118
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 30,119
the action taken.
Children's Trust Reimbursement Fund Cash Transfer 30,121
651
The Director of Budget and Management shall transfer the 30,124
cash balance in the Children's Trust Reimbursement Fund to the 30,125
Children's Trust Fund. The Children's Trust Reimbursement Fund 30,127
is hereby abolished.
Sec. 72. DNR DEPARTMENT OF NATURAL RESOURCES 30,129
General Revenue Fund 30,131
GRF 725-401 Wildlife - GRF 30,134
Central Support $ 1,221,229 $ 1,268,315 30,136
GRF 725-404 Fountain Square 30,138
Rental Payments - OBA $ 1,087,000 $ 1,093,000 30,140
GRF 725-407 CONSERVATION RESERVE 30,142
ENHANCEMENT PROGRAM $ 1,900,400 $ 1,920,400 30,145
GRF 725-408 Reclamation and 30,147
Mining $ 2,406,020 $ 2,408,999 30,149
GRF 725-412 Reclamation 30,151
Commission $ 66,475 $ 68,165 30,153
GRF 725-413 OPFC LEASE-Rental 30,155
Payments $ 15,660,000 $ 12,750,000 30,157
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 30,161
GRF 725-423 Stream and Ground 30,163
Water Gauging $ 422,863 $ 459,387 30,165
GRF 725-425 Wildlife License 30,167
Reimbursement $ 1,000,000 $ 1,000,000 30,169
GRF 725-456 Canal Lands $ 414,783 $ 423,203 30,173
GRF 725-502 Soil and Water 30,175
Districts $ 11,414,494 $ 12,140,831 30,177
11,364,494 11,890,831 30,179
GRF 725-407 Conservation Reserve 30,181
Enhancement Program $ 1,900,400 $ 1,920,400 30,183
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 30,187
GRF 728-321 Division of 30,189
Geological Survey $ 2,164,135 $ 2,270,778 30,191
GRF 729-321 Computer Information 30,193
Services &
652
Communications $ 1,172,567 $ 1,214,464 30,195
GRF 730-321 Division of Parks and 30,197
Recreation $ 35,255,224 $ 34,951,655 30,199
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 30,203
GRF 734-321 Division of Oil and 30,205
Gas $ 725,366 $ 1,614,957 30,207
GRF 736-321 Division of Chief 30,209
Engineer $ 4,371,204 $ 3,773,672 30,211
GRF 737-321 Division of Soil and 30,213
Water $ 4,192,466 $ 4,461,766 30,215
4,242,466 4,711,766 30,217
GRF 738-321 Office of Real Estate 30,219
and Land Management $ 3,099,898 $ 2,650,457 30,221
GRF 741-321 Division of Natural 30,223
Areas $ 3,415,305 $ 3,396,390 30,225
GRF 743-321 Division of Civilian 30,227
Conservation $ 5,100,636 $ 5,225,382 30,229
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 30,232
General Services Fund Group 30,235
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 30,240
157 725-651 Central Support 30,242
Indirect $ 7,302,432 $ 7,273,923 30,244
158 725-604 Natural Resources 30,246
Publication Center
Intrastate $ 79,170 $ 80,154 30,248
161 725-635 Parks Facilities 30,250
Maintenance $ 2,666,395 $ 2,737,935 30,252
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 30,256
204 725-687 Information Services $ 2,217,392 $ 2,145,631 30,260
206 725-689 REALM Support 30,262
Services $ 447,811 $ 473,152 30,264
207 725-690 Real Estate $ 53,924 $ 55,320 30,268
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 30,272
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 30,276
653
4X8 725-662 Water Planning 30,278
Council $ 262,900 $ 269,700 30,280
430 725-671 Canal Lands $ 1,029,302 $ 998,044 30,284
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 30,288
508 725-684 Natural Resources 30,290
Publication Center
Interstate $ 393,166 $ 361,877 30,292
510 725-631 Maintenance - 30,294
state-owned
residences $ 230,669 $ 220,771 30,296
516 725-620 Water Management $ 2,407,372 $ 2,404,055 30,300
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 30,304
635 725-664 Fountain Square 30,306
Facilities Management $ 2,595,957 $ 2,699,355 30,308
697 725-670 Submerged Lands $ 547,762 $ 567,920 30,312
TOTAL GSF General Services 30,313
Fund Group $ 26,027,212 $ 26,460,401 30,316
Federal Special Revenue Fund Group 30,319
3B3 725-640 Federal Forest 30,322
Pass-Thru $ 55,000 $ 55,000 30,324
3B4 725-641 Federal Flood 30,326
Pass-Thru $ 185,000 $ 190,000 30,328
3B5 725-645 Federal Abandoned 30,330
Mine Lands $ 7,418,833 $ 7,630,403 30,332
3B6 725-653 Federal Land and 30,334
Water Conservation $ 130,000 $ 120,000 30,336
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 30,340
3P0 725-630 Natural Areas and 30,342
Preserves-Federal $ 262,400 $ 185,000 30,344
3P1 725-632 Geological 30,346
Survey-Federal $ 350,000 $ 350,000 30,348
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 30,352
3P3 725-650 Real Estate and Land 30,354
Management-Federal $ 2,857,755 $ 3,185,120 30,356
654
3P4 725-660 Water-Federal $ 180,000 $ 180,000 30,360
3R5 725-673 Acid Mine Drainage 30,362
Abatement/Treatment $ 600,000 $ 600,000 30,364
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 30,368
332 725-669 Federal Mine Safety 30,370
Grant $ 133,095 $ 137,056 30,372
TOTAL FED Federal Special Revenue 30,373
Fund Group $ 15,628,229 $ 16,027,961 30,376
State Special Revenue Fund Group 30,379
4B8 725-617 Forestry Development $ 25,000 $ 25,000 30,384
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 30,388
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 30,392
4U6 725-668 Scenic Rivers 30,394
Protection $ 261,307 $ 268,431 30,396
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 30,400
509 725-602 State Forest $ 1,520,379 $ 1,440,326 30,404
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 30,408
512 725-605 State Parks 30,410
Operations $ 27,150,223 $ 27,048,732 30,412
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 30,416
518 725-643 Oil and Gas Permit 30,418
Fees $ 3,118,829 $ 2,378,496 30,420
518 725-677 Oil and Gas Well 30,422
Plugging $ 800,000 $ 800,000 30,424
521 725-627 Off-Road Vehicle 30,426
Trails $ 62,036 $ 63,790 30,428
522 725-656 Natural Areas 30,430
Checkoff Funds $ 745,301 $ 766,169 30,432
525 725-608 Reclamation 30,434
Forfeiture $ 597,082 $ 597,664 30,436
526 725-610 Strip Mining 30,438
Administration Fees $ 1,956,599 $ 2,006,000 30,440
527 725-637 Surface Mining 30,442
Administration $ 1,964,078 $ 2,016,050 30,444
655
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 30,448
530 725-647 Surface Mining 30,450
Reclamation $ 76,725 $ 78,951 30,452
531 725-648 Reclamation 30,454
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 30,456
532 725-644 Litter Control and 30,458
Recycling $ 10,965,210 $ 11,264,587 30,460
615 725-661 Dam Safety $ 136,633 $ 139,237 30,464
TOTAL SSR State Special Revenue 30,465
Fund Group $ 53,953,325 $ 53,329,615 30,468
Wildlife Fund Group 30,471
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 30,476
015 740-321 Division of Wildlife 30,478
Conservation $ 40,345,888 $ 41,400,117 30,480
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 30,484
815 725-636 Cooperative 30,486
Management Projects $ 148,850 $ 153,166 30,488
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 30,492
817 725-655 Wildlife Conservation 30,494
Checkoff Fund $ 1,301,143 $ 1,327,577 30,496
818 725-629 Cooperative Fisheries 30,498
Research $ 918,004 $ 943,708 30,500
819 725-685 Ohio River Management $ 119,302 $ 122,748 30,504
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 30,507
Waterways Safety Fund Group 30,510
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 30,515
086 725-416 Natural Areas Marine 30,517
Patrol $ 25,000 $ 25,000 30,519
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 30,523
086 725-418 Buoy Placement $ 39,298 $ 40,267 30,527
086 725-501 Waterway Safety 30,529
Grants $ 128,024 $ 131,609 30,531
656
086 725-506 Watercraft Marine 30,533
Patrol $ 359,800 $ 369,875 30,535
086 725-513 Watercraft 30,537
Educational Grants $ 128,500 $ 132,098 30,539
086 739-321 Division of 30,541
Watercraft $ 14,865,111 $ 15,142,223 30,543
880 725-614 Cooperative Boat 30,545
Harbor Projects $ 108,637 $ 111,679 30,547
TOTAL WSF Waterways Safety Fund 30,548
Group $ 18,770,772 $ 19,068,786 30,551
Holding Account Redistribution Fund Group 30,554
R17 725-659 Performance Cash Bond 30,557
Refunds $ 265,000 $ 265,500 30,559
R29 725-607 Reclamation Fee 30,561
Refund $ 350,000 $ 350,000 30,563
R30 725-638 Surface Mining 30,565
Reclamation Fees $ 12,000 $ 12,000 30,567
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 30,571
TOTAL 090 Holding Account 30,572
Redistribution Fund Group $ 2,377,000 $ 2,377,500 30,575
Accrued Leave Liability Fund Group 30,578
4M8 725-675 FOP Contract $ 17,551 $ 17,990 30,583
TOTAL ALF Accrued Leave 30,584
Liability Fund Group $ 17,551 $ 17,990 30,587
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437 30,590
Sec. 90. SOS SECRETARY OF STATE 30,593
General Revenue Fund 30,595
GRF 050-321 Operating Expenses $ 7,594,550 $ 8,062,385 30,600
10,062,385 30,601
GRF 050-403 Election Statistics $ 133,000 $ 150,000 30,605
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 30,609
GRF 050-409 Litigation 30,611
Expenditures $ 26,750 $ 26,750 30,613
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,529,135 30,616
657
10,529,185 30,617
General Services Fund Group 30,619
4B9 050-608 Campaign Finance Disk 30,622
Sales $ 1,000 $ 1,000 30,624
4S8 050-610 Board of Voting 30,626
Machine Examiners $ 7,200 $ 7,200 30,628
413 050-601 Information Systems $ 181,900 $ 150,000 30,632
414 050-602 Citizen Education 30,634
Fund $ 30,000 $ 30,000 30,636
TOTAL General Services Fund Group $ 220,100 $ 188,200 30,639
State Special Revenue Fund Group 30,641
599 050-603 Business Services 30,644
Operating Expenses $ 5,200,000 $ 5,200,000 30,646
TOTAL SSR State Special Revenue 30,647
Fund Group $ 5,200,000 $ 5,200,000 30,650
Holding Account Redistribution Fund Group 30,652
R01 050-605 Uniform Commercial 30,655
Code Refunds $ 65,000 $ 65,000 30,657
R02 050-606 Corporate/Business 30,659
Filing Refunds $ 185,000 $ 185,000 30,661
TOTAL 090 Holding Account 30,662
Redistribution Fund Group $ 250,000 $ 250,000 30,665
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 14,167,335 30,668
16,167,335 30,670
Board of Voting Machine Examiners 30,673
The foregoing appropriation item 050-610, Board of Voting 30,675
Machine Examiners, shall be used to pay for the services and 30,676
expenses of the members of the Board of Voting Machine Examiners, 30,677
and for other expenses which are authorized to be paid from the 30,678
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 30,679
returned to the person or entity submitting the equipment for 30,680
examination. If it is determined that additional appropriations 30,681
are necessary, such amounts are hereby appropriated. 30,682
658
Holding Account Redistribution Group 30,684
The foregoing appropriation items 050-605 and 050-606, 30,686
Holding Account Redistribution Fund Group, shall be used to hold 30,687
revenues until they are directed to the appropriate accounts or 30,688
until they are refunded. If it is determined that additional 30,689
appropriations are necessary, such amounts are hereby 30,690
appropriated.
Filing Fees Study 30,692
The Secretary of State shall conduct a study of fees 30,694
charged under section 111.16 of the Revised Code to compare the 30,695
fee amounts with the actual cost of providing the services for 30,696
which the fees are charged. The purpose of the study is to 30,697
determine whether the amounts of the fees being charged are valid
and appropriate with respect to the services being provided. The 30,698
Secretary of State shall complete a report summarizing the 30,699
results of the study and, not later than December 31, 2000, shall 30,700
submit the report to the President of the Senate, the Minority 30,701
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of 30,702
Representatives.
Sec. 98. TOS TREASURER OF STATE 30,704
General Revenue Fund 30,706
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 30,711
GRF 090-401 Commissioners of the 30,713
Sinking Fund $ 370,530 $ 381,400 30,715
581,400 30,717
GRF 090-402 Continuing Education $ 413,278 $ 442,207 30,721
GRF 090-510 PERS Cost of Living $ 598 $ 451 30,725
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 30,729
GRF 090-512 SERS Cost of Living $ 600 $ 600 30,733
GRF 090-520 PERS Pension Benefits $ 146,088 $ 120,628 30,737
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 30,741
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 30,745
659
GRF 090-523 Highway Patrol 30,747
Retirement System $ 4,156 $ 4,050 30,749
GRF 090-524 Police and Fire 30,751
Disability Pension $ 50,000 $ 45,000 30,753
GRF 090-530 PERS Ad Hoc Cost of 30,755
Living $ 754,281 $ 667,687 30,757
GRF 090-531 STRS Ad Hoc Cost of 30,759
Living $ 1,600,000 $ 1,500,000 30,761
GRF 090-532 SERS Ad Hoc Cost of 30,763
Living $ 236,000 $ 213,000 30,765
GRF 090-533 Hwy Patrol Ad Hoc 30,767
Cost of Living $ 24,990 $ 24,800 30,769
GRF 090-534 Police & Fire Ad Hoc 30,771
Cost of Living $ 325,000 $ 300,000 30,773
GRF 090-544 Police and Fire State 30,775
Contribution $ 1,200,000 $ 1,200,000 30,777
GRF 090-554 Police and Fire 30,779
Survivor Benefits $ 1,740,000 $ 1,670,000 30,781
GRF 090-575 Police and Fire Death 30,783
Benefits $ 19,980,000 $ 21,280,000 30,785
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 30,789
0 30,790
TOTAL GRF General Revenue Fund $ 157,523,607 $ 167,890,856 30,793
35,725,856 30,794
Agency Fund Group 30,797
425 090-635 Tax Refunds $ 550,000,000 $ 550,000,000 30,802
TOTAL Agency Fund Group $ 550,000,000 $ 550,000,000 30,805
General Services Fund Group 30,807
182 090-608 Financial Planning 30,810
Commissions $ 12,000 $ 12,000 30,812
4E9 090-603 Securities Lending 30,814
Income Fund $ 5,185,804 $ 6,169,140 30,816
4NO 090-611 Treasury Education 30,818
Fund $ 27,500 $ 27,500 30,820
660
577 090-605 Investment Pool 30,822
Reimbursement $ 1,000,000 $ 750,000 30,824
605 090-609 Treasurer of State 30,826
Administrative Fund $ 850,000 $ 600,000 30,828
TOTAL GSF General Services 30,829
Fund Group $ 7,075,304 $ 7,558,640 30,832
Debt Service Fund Group 30,835
077 090-900 Capital Improvements 30,838
Bond Service $ 122,500,000 $ 132,365,000 30,840
0 30,841
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 30,844
0 30,845
State Special Revenue Fund Group 30,847
5C5 090-602 County Treasurer 30,850
Education $ 110,000 $ 110,000 30,852
TOTAL SSR State Special Revenue 30,853
Fund Group $ 110,000 $ 110,000 30,856
TOTAL ALL BUDGET FUND GROUPS $ 837,208,911 $ 857,924,496 30,859
725,759,496 30,860
Sec. 101. VET VETERANS' ORGANIZATIONS 30,863
General Revenue Fund 30,865
VAP AMERICAN EX-PRISONERS OF WAR 30,866
GRF 743-501 State Support $ 24,444 $ 25,030 30,871
VAN ARMY AND NAVY UNION, USA, INC. 30,873
GRF 746-501 State Support $ 53,723 $ 55,012 30,878
VKW KOREAN WAR VETERANS 30,880
GRF 747-501 State Support $ 48,294 $ 49,453 30,885
VJW JEWISH WAR VETERANS 30,887
GRF 748-501 State Support $ 29,018 $ 29,715 30,892
VCW CATHOLIC WAR VETERANS 30,894
GRF 749-501 State Support $ 56,631 $ 57,990 30,899
VPH MILITARY ORDER OF THE PURPLE HEART 30,901
GRF 750-501 State Support $ 55,056 $ 56,377 30,906
VVV VIETNAM VETERANS OF AMERICA 30,908
661
GRF 751-501 State Support $ 177,947 $ 185,954 30,913
VAL AMERICAN LEGION OF OHIO 30,915
GRF 752-501 State Support $ 241,462 $ 252,328 30,920
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 30,922
GRF 753-501 State Support $ 728,535 $ 237,919 30,927
387,919 30,929
VAV DISABLED AMERICAN VETERANS 30,931
GRF 754-501 State Support $ 159,146 $ 166,308 30,936
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 30,938
GRF 755-501 State Support $ 4,127 $ 4,226 30,943
VMC MARINE CORPS LEAGUE 30,945
GRF 756-501 State Support $ 82,270 $ 85,972 30,950
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 30,952
GRF 757-501 State Support $ 5,807 $ 5,946 30,957
VFW VETERANS OF FOREIGN WARS 30,959
GRF 758-501 State Support $ 163,846 $ 196,615 30,964
VWI VETERANS OF WORLD WAR I 30,966
GRF 759-501 State Support $ 24,444 $ 25,031 30,971
TOTAL GRF General Revenue Fund $ 1,854,750 $ 1,433,876 30,974
1,583,876 30,975
TOTAL ALL BUDGET FUND GROUPS $ 1,854,750 $ 1,433,876 30,978
1,583,876 30,979
Release of Funds 30,982
The foregoing appropriation items 743-501, 746-501, 30,984
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 30,985
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 30,986
Support, shall be released upon approval by the Director of 30,987
Budget and Management.
American Ex-Prisoners of War 30,989
The American Ex-Prisoners of War shall be permitted to 30,991
share an office with the Veterans of World War I. 30,992
Central Ohio United Services Organization 30,994
Of the foregoing appropriation item 751-501, State Support, 30,996
Vietnam Veterans of America, $50,000 in each fiscal year shall be 30,998
662
used to support the activities of the Central Ohio USO. 30,999
National World War II Memorial Fund 31,001
Of the foregoing appropriation item 753-501, State Support, 31,003
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 31,004
2000 shall be used for the contribution to the National World War 31,005
II Memorial Fund. The Director of Budget and Management shall 31,006
not release any funds for the National World War II Memorial 31,007
until the national capital campaign has received ninety per cent 31,008
of its goal through cash received or commitments. 31,009
OF THE FOREGOING APPROPRIATION ITEM 753-501, STATE SUPPORT, 31,012
VETERANS OF WORLD WAR II-KOREA-VIETNAM, $150,000 IN FISCAL YEAR 31,013
2001 SHALL BE USED FOR THE AMVETS CAREER CENTER. 31,014
Veterans Service Commission Education 31,016
Of the foregoing appropriation item 753-501, State Support, 31,018
up to $20,000 in each fiscal year may be used to provide moneys 31,019
to the Association of County Veterans Service Commissioners to 31,020
reimburse its member county veterans service commissions for 31,021
costs incurred in carrying out educational and outreach duties 31,022
required under divisions (E) and (F) of section 5901.03 of the 31,023
Revised Code. Upon the presentation of an itemized statement to 31,024
the Office of Veterans Affairs, the office shall direct the 31,025
Auditor of State to issue a warrant upon the state treasury to 31,026
the association to reimburse member commissions for reasonable 31,027
and appropriate expenses incurred performing these duties. The 31,028
association shall establish uniform procedures for reimbursing 31,029
member commissions."
Section 71. That existing Sections 28, 37, 37.14, 55.07, 31,031
72, 90, 98, and 101 of Am. Sub. H.B. 283 of the 123rd General 31,034
Assembly, as amended by Sub. S.B. 245 of the 123rd General 31,035
Assembly, are hereby repealed.
Section 72. That Section 21 of Am. Sub. H.B. 283, as 31,037
amended by both Am. Sub. S.B. 153 and Sub. S.B. 245, all of the 31,038
123rd General Assembly, be amended to read as follows: 31,039
"Sec. 21. AGO ATTORNEY GENERAL 31,041
663
General Revenue Fund 31,043
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,102,251 31,048
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 31,052
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 31,056
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 31,060
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,413,777 31,063
General Services Fund Group 31,065
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 31,070
14,010,180 31,071
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 31,075
195 055-660 Workers' Compensation 31,077
Section $ 6,646,301 $ 6,794,833 31,079
4Y7 055-608 Title Defect 31,081
Rescission $ 785,800 $ 807,141 31,083
4Z2 055-609 BCI Asset Forfeiture 31,085
and Cost
Reimbursement $ 308,400 $ 317,035 31,087
418 055-615 Charitable 31,089
Foundations $ 1,460,757 $ 1,498,158 31,091
420 055-603 Attorney General 31,093
Antitrust $ 420,108 $ 426,184 31,095
421 055-617 Police Officers' 31,097
Training Academy Fee $ 1,035,353 $ 1,062,272 31,099
5A9 055-618 Telemarketing Fraud 31,101
Enforcement $ 50,000 $ 50,000 31,103
590 055-633 Peace Officer Private 31,105
Security Fund $ 85,962 $ 90,790 31,107
629 055-636 Corrupt Activity 31,109
Investigation and
Prosecution $ 100,503 $ 103,317 31,111
631 055-637 Consumer Protection 31,113
Enforcement $ 1,090,936 $ 1,103,555 31,115
2,103,555 31,116
TOTAL GSF General Services Fund 31,117
664
Group $ 25,501,778 $ 26,179,934 31,120
28,379,934 31,121
Federal Special Revenue Fund Group 31,123
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 31,128
3R6 055-613 Attorney General 31,130
Federal Funds $ 1,000,000 $ 1,000,000 31,132
306 055-620 Medicaid Fraud 31,134
Control $ 2,515,772 $ 2,515,772 31,136
381 055-611 Civil Rights Legal 31,138
Service $ 315,329 $ 315,329 31,140
383 055-634 Crime Victims 31,142
Assistance $ 8,000,000 $ 6,500,000 31,144
TOTAL FED Federal Special Revenue 31,145
Fund Group $ 14,481,101 $ 12,981,101 31,148
State Special Revenue Fund Group 31,151
108 055-622 Crime Victims 31,154
Compensation $ 4,039,318 $ 0 31,156
176 055-625 Victims Assistance 31,158
Office $ 374,768 $ 0 31,160
177 055-626 Victims Assistance 31,162
Programs $ 1,745,612 $ 0 31,164
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 31,168
402 055-616 Victims of Crime $ 0 $ 24,186,406 31,172
417 055-621 Domestic Violence 31,174
Shelter $ 13,458 $ 13,835 31,176
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 31,180
659 055-641 Solid and Hazardous 31,182
Waste Background
Investigations $ 756,162 $ 775,535 31,184
TOTAL SSR State Special Revenue 31,185
Fund Group $ 27,408,071 $ 45,897,683 31,188
Holding Account Redistribution Fund Group 31,191
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 31,196
665
R04 055-631 General Holding 31,198
Account $ 75,000 $ 75,000 31,200
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 31,204
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 31,208
R42 055-601 Organized Crime 31,210
Commission Account $ 200,000 $ 200,000 31,212
TOTAL 090 Holding Account 31,213
Redistribution Fund Group $ 1,040,600 $ 1,040,600 31,216
TOTAL ALL BUDGET FUND GROUPS $ 126,074,760 $ 147,851,028 31,219
129,647,950 31,220
149,713,095 31,221
Law-Related Education 31,223
The foregoing appropriation item 055-405, Law-Related 31,225
Education, shall be distributed directly to the Ohio Center for 31,226
Law-Related Education for the purposes of providing continuing 31,227
citizenship education activities to primary and secondary 31,228
students and accessing additional public and private money for 31,229
new programs. 31,230
Workers' Compensation Section 31,232
The Workers' Compensation Section Fund (Fund 195) shall 31,234
receive payments from the Bureau of Workers' Compensation and the 31,235
Ohio Industrial Commission at the beginning of each quarter of 31,236
each fiscal year to fund legal services to be provided to the 31,237
Bureau of Workers' Compensation and the Ohio Industrial 31,238
Commission during the ensuing quarter. Such advance payment 31,239
shall be subject to adjustment. 31,240
In addition, the Bureau of Workers' Compensation shall 31,242
transfer payments at the beginning of each quarter for the 31,243
support of the Workers' Compensation Fraud Unit. 31,244
All amounts shall be mutually agreed upon by the Attorney 31,246
General, the Bureau of Workers' Compensation, and the Ohio 31,247
Industrial Commission. 31,248
Corrupt Activity Investigation and Prosecution 31,250
The foregoing appropriation item 055-636, Corrupt Activity 31,252
666
Investigation and Prosecution, shall be used as provided by 31,253
division (D)(2) of section 2923.35 of the Revised Code to dispose 31,254
of the proceeds, fines, and penalties credited to the Corrupt 31,255
Activity Investigation and Prosecution Fund, which is created in 31,256
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 31,257
is determined that additional amounts are necessary, the amounts 31,258
are hereby appropriated.
Community Police Match and Law Enforcement Assistance 31,260
In fiscal years 2000 and 2001, the Attorney General's 31,262
Office may request the Director of Budget and Management to, and 31,263
the Director of Budget and Management shall, establish GRF 31,264
appropriation item 055-406, Community Police Match and Law 31,265
Enforcement Assistance. The Director of Budget and Management 31,266
shall then transfer appropriation authority from appropriation 31,267
item 055-321, Operating Expenses, to appropriation item 055-406, 31,268
Community Police Match and Law Enforcement Assistance. Moneys 31,269
transferred to appropriation item 055-406 shall be used to pay 31,270
operating expenses and to provide grants to local law enforcement 31,271
agencies and communities for the purpose of supporting law 31,272
enforcement-related activities. 31,273
Section 73. That existing Section 21 of Am. Sub. H.B. 283, 31,275
as amended by both Am. Sub. S.B. 153 and Sub. S.B. 245, all of 31,276
the 123rd General Assembly, is hereby repealed. 31,277
Section 74. That Section 20.01 of Sub. S.B. 245 of the 31,279
123rd General Assembly be amended to read as follows: 31,280
"Sec. 20.01. ADJ ADJUTANT GENERAL 31,282
CAP-032 Upgrade Underground Storage Tanks $ 42,854 31,285
CAP-034 Asbestos Abatement - Various 31,286
Facilities $ 227,439 31,287
CAP-036 Roof Replacement - Various Facilities $ 250,000 31,289
CAP-038 Electrical System - Various Facilities $ 261,382 31,291
CAP-039 Camp Perry Facility Improvements $ 2,179,911 31,294
CAP-043 Renovate/Expand Existing Eaton 31,295
Facility $ 800,498 31,296
667
CAP-044 Replace Windows/Doors - Various 31,297
Facilities $ 350,000 31,298
CAP-045 Plumbing Renovations - Various 31,299
Facilities $ 528,000 31,300
CAP-046 Paving Renovations - Various 31,301
Facilities $ 50,000 31,302
CAP-050 HVAC Systems - Various Facilities $ 9,351 31,304
CAP-052 Cincinnati Shadybrook Armory $ 2,149,705 31,306
CAP-054 Construct Camp Perry Administration 31,307
Building $ 6,540 31,308
CAP-055 Hillsboro Armory Renovations $ 478,974 31,311
Total Adjutant General $ 7,334,654 31,313
CAMP PERRY FACILITY IMPROVEMENTS 31,317
OF THE FOREGOING APPROPRIATION ITEM CAP-039, CAMP PERRY 31,320
FACILITY IMPROVEMENTS, $2,000,000 SHALL BE USED FOR THE 31,321
CONSTRUCTION OF THE FOLLOWING TWO BASE HOUSING BUILDINGS: THE 31,322
BACHELOR OFFICERS QUARTERS AND THE BACHELOR ENLISTED QUARTERS. 31,323
Renovate/Expand Existing Eaton Facility 31,325
The amount reappropriated for the foregoing appropriation 31,327
item CAP-043, Renovate/Expand Existing Eaton Facility, shall be 31,328
the sum of the unencumbered and unallotted balances as of June 31,329
30, 2000, in appropriation items CAP-043, Renovate/Expand 31,330
Existing Eaton Facility, and CAP-037, Kenton Armory Renovations." 31,331
Section 75. That existing Section 20.01 of Sub. S.B. 245 31,333
of the 123rd General Assembly is hereby repealed. 31,334
Section 76. That Section 178 of Am. Sub. H.B. 283 of the 31,336
123rd General Assembly is hereby repealed. 31,337
Section 77. That Section 3 of Am. Sub. S.B. 3 of the 123rd 31,339
General Assembly is hereby repealed. 31,340
Section 78. Sections 54, 58 to 73, 76, 77, and 78 of this 31,342
act, and the items of law of which such sections are composed, 31,344
are not subject to the referendum. Therefore, under Ohio 31,345
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections, and the items of law of which such 31,346
668
sections are composed, go into immediate effect when this act 31,347
becomes law.
Section 79. Except as otherwise specifically provided in 31,349
this act, the codified sections of law amended or enacted in this 31,350
act, and the items of law of which the codified sections of law 31,351
amended or enacted in this act are composed, are subject to the 31,352
referendum. Therefore, under Ohio Constitution, Article II, 31,353
Section 1c and section 1.471 of the Revised Code, the codified 31,354
sections of law amended or enacted by this act, and the items of 31,355
law of which the codified sections of law as amended or enacted 31,356
by this act are composed, take effect on the ninety-first day 31,357
after this act is filed with the Secretary of State. If, 31,358
however, a referendum petition is filed against any such codified 31,359
section of law as amended or enacted by this act, or against any 31,360
item of law of which any such codified section of law as amended 31,361
or enacted by this act is composed, the codified section of law 31,362
as amended or enacted, or item of law, unless rejected at the 31,363
referendum, takes effect at the earliest time permitted by law. 31,364
Section 80. Except as otherwise specifically provided in 31,366
this act, the repeal by this act of a codified section of law is 31,367
subject to the referendum. Therefore, under Ohio Constitution, 31,368
Article II, Section 1c and section 1.471 of the Revised Code, the 31,369
repeal by this act of a codified section of law takes effect on 31,370
the ninety-first day after this act is filed with the Secretary 31,371
of State. If, however, a referendum petition is filed against 31,372
any such repeal, the repeal, unless rejected at the referendum, 31,373
takes effect at the earliest time permitted by law. 31,374
Section 81. Sections 3313.98, 3313.981, 3317.03, 4104.45, 31,377
4928.20, 5727.01, 5727.03, 5727.111, 5727.15, 5727.24, 5727.25, 31,378
5727.26, 5727.27, 5727.28, 5727.29, 5727.30, 5727.31, 5727.311, 31,379
5727.32, 5727.33, 5727.38, 5727.42, and 5727.60 of the Revised 31,381
Code as amended by this act, and the items of law of which such 31,382
sections as amended by this act are composed, are not subject to 31,383
the referendum. Therefore, under Ohio Constitution, Article II, 31,384
669
Section 1d and section 1.471 of the Revised Code, such sections 31,385
as amended by this act, and the items of law of which such 31,386
sections as amended by this act are composed, go into immediate 31,387
effect when this act becomes law. 31,388
This section is not subject to the referendum and therefore 31,390
goes into immediate effect when this act becomes law. 31,391
Section 82. Sections 121.04 and 121.08 of the Revised 31,393
Code, as amended by this act, are not subject to the referendum. 31,395
Therefore, under Ohio Constitution, Article II, Section 1d and 31,396
section 1.471 of the Revised Code, the sections as amended are 31,397
entitled to go into immediate effect when this act becomes law.
However, sections 121.04 and 121.08 of the Revised Code, as 31,398
amended by this act, take effect on July 1, 2000, or the day this 31,399
act becomes law, whichever is later. 31,400
This section is not subject to the referendum and therefore 31,402
goes into immediate effect when this act becomes law. 31,404
Section 83. Except as otherwise specifically provided in 31,406
this act, the uncodified sections of law amended or enacted in 31,407
this act, and the items of law of which the uncodified sections 31,408
of law amended or enacted in this act are composed, are subject 31,409
to the referendum. Therefore, under Ohio Constitution, Article 31,410
II, Section 1c and section 1.471 of the Revised Code, the 31,411
uncodified sections of law amended or enacted by this act, and 31,412
the items of law of which the uncodified sections of law as 31,413
amended or enacted by this act are composed, take effect on the 31,414
ninety-first day after this act is filed with the Secretary of 31,415
State. If, however, a referendum petition is filed against any 31,416
such uncodified section of law as amended or enacted by this act, 31,417
or against any item of law of which any such uncodified section 31,418
of law as amended or enacted by this act is composed, the 31,419
uncodified section of law as amended or enacted, or item of law, 31,420
unless rejected at the referendum, takes effect at the earliest 31,421
time permitted by law.
Section 84. If the amendment or enactment in this act of a 31,423
670
codified or uncodified section of law is subject to the 31,424
referendum, the corresponding indications in the amending, 31,425
enacting, or existing repeal clauses commanding the amendment or 31,426
enactment also are subject to the referendum, along with the 31,427
amendment or enactment. If the amendment or enactment by this 31,428
act of a codified or uncodified section of law is not subject to 31,429
the referendum, the corresponding indications in the amending, 31,430
enacting, or existing repeal clauses commanding the amendment or 31,431
enactment also are not subject to the referendum, the same as the 31,432
amendment or enactment.
Section 85. Section 121.04 of the Revised Code is 31,434
presented in this act as a composite of the section as amended by 31,435
both Am. Sub. H.B. 215 and Am. Sub. S.B. 87 of the 122nd General 31,436
Assembly, with the new language of neither of the acts shown in 31,437
capital letters. Section 121.08 of the Revised Code is presented 31,438
in this act as a composite of the section as amended by both Am. 31,440
Sub. H.B. 215 and Am. Sub. H.B. 210 of the 122nd General
Assembly, with the new language of neither of the acts shown in 31,442
capital letters. This is in recognition of the principle stated 31,443
in division (B) of section 1.52 of the Revised Code that such 31,444
amendments are to be harmonized where not substantively 31,445
irreconcilable and constitutes a legislative finding that such is 31,446
the resulting version in effect prior to the effective date of 31,447
this act.
This section is not subject to the referendum and therefore 31,449
is entitled to go into immediate effect when this act becomes 31,450
law. However, this section takes effect on July 1, 2000, or the 31,451
day this act becomes law, whichever is later.
Section 86. Section 124.18 of the Revised Code is 31,453
presented in this act as a composite of the section as amended by 31,454
both Am. Sub. H.B. 649 and Am. Sub. S.B. 144 of the 122nd General 31,455
Assembly, with the new language of neither of the acts shown in 31,457
capital letters. This is in recognition of the principle stated 31,458
in division (B) of section 1.52 of the Revised Code that such 31,459
671
amendments are to be harmonized where not substantively 31,460
irreconcilable and constitutes a legislative finding that such is 31,461
the resulting version in effect prior to the effective date of 31,462
this act.
Section 87. Section 124.34 of the Revised Code is 31,464
presented in this act as a composite of the section as amended by 31,465
both Am. Sub. H.B. 348 and Am. Sub. S.B. 144 of the 122nd General 31,466
Assembly, with the new language of neither of the acts shown in 31,467
capital letters. This is in recognition of the principle stated 31,468
in division (B) of section 1.52 of the Revised Code that such 31,469
amendments are to be harmonized where not substantively 31,470
irreconcilable and constitutes a legislative finding that such is 31,471
the resulting version in effect prior to the effective date of 31,472
this act.
Section 88. Section 124.381 of the Revised Code is 31,474
presented in this act as a composite of the section as amended by 31,475
both Am. Sub. H.B. 117 and Am. Sub. S.B. 99 of the 121st General 31,476
Assembly, with the new language of neither of the acts shown in 31,478
capital letters. This is in recognition of the principle stated 31,479
in division (B) of section 1.52 of the Revised Code that such 31,480
amendments are to be harmonized where not substantively 31,481
irreconcilable and constitutes a legislative finding that such is 31,482
the resulting version in effect prior to the effective date of 31,483
this act.
Section 89. Section 3318.26 of the Revised Code is 31,485
presented in this act as a composite of the section as amended by 31,486
both Sub. H.B. 222 and Am. Sub. H.B. 282 of the 123rd General 31,487
Assembly, with the new language of neither of the acts shown in 31,488
capital letters. This is in recognition of the principle stated 31,489
in division (B) of section 1.52 of the Revised Code that such 31,490
amendments are to be harmonized where not substantively 31,491
irreconcilable and constitutes a legislative finding that such is 31,492
the resulting version in effect prior to the effective date of 31,493
this act.
672
Section 90. Sections 5727.01, 5727.111, 5727.30, 5727.31, 31,495
5727.311, 5727.32, 5727.33, 5727.38, and 5727.42 of the Revised 31,497
Code are presented in this act as composites of those sections as 31,498
amended by both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 31,499
123rd General Assembly, with the new language of neither of the 31,500
acts shown in capital letters. This is in recognition of the 31,501
principle stated in division (B) of section 1.52 of the Revised 31,502
Code that such amendments are to be harmonized where not 31,503
substantively irreconcilable and constitutes a legislative 31,504
finding that such are the resulting versions in effect prior to 31,505
the effective date of this act.
This section is not subject to the referendum and therefore 31,507
goes into immediate effect when this act becomes law. 31,508
Section 91. Section 5739.02 of the Revised Code is 31,510
presented in this act as a composite of the section as amended by 31,511
both Sub. H.B. 223 and Am. Sub. S.B. 3 of the 123rd General 31,512
Assembly, with the new language of neither of the acts shown in 31,513
capital letters. This is in recognition of the principle stated 31,514
in division (B) of section 1.52 of the Revised Code that such 31,515
amendments are to be harmonized where not substantively 31,516
irreconcilable and constitutes a legislative finding that such is 31,517
the resulting version in effect prior to the effective date of 31,518
this act.
Section 92. Section 21 of Am. Sub. H.B. 283 of the 123rd 31,520
General Assembly is presented in this act as a composite of the 31,522
section as amended by both Am. Sub. S.B. 153 and Sub. S.B. 245 of 31,523
the 123rd General Assembly, with the new language of neither of 31,525
the acts shown in capital letters. This is in recognition of the 31,526
principle stated in division (B) of section 1.52 of the Revised 31,527
Code that such amendments are to be harmonized where not 31,528
substantively irreconcilable and constitutes a legislative 31,529
finding that such is the resulting version in effect prior to the 31,530
effective date of this act.
Section 93. If any item of law that constitutes the whole 31,532
673
or part of a codified or uncodified section of law contained in 31,533
this act, or if any application of any item of law that 31,534
constitutes the whole or part of a codified or uncodified section 31,535
of law contained in this act, is held invalid, the invalidity 31,536
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 31,537
application. To this end, the items of law of which the codified 31,538
and uncodified sections of law contained in this act are 31,539
composed, and their applications, are independent and severable. 31,540