REPRESENTATIVE Carey

To amend sections 105.41, 151.01, 151.09, 151.40,

1

3318.03, 3318.04, 3318.06, 3318.061, 3318.08,

2

3318.084, 3318.11, 3318.362, 3318.363, 3318.38, and

3

3345.05, and to enact sections 3318.056 and

4

3318.062 of the Revised Code; to amend Sections

5

4.03 and 5.04 of Sub. H.B. 73 of the 124th General

6

Assembly, Sections 13, 13.01, 13.05, and 13.12 of

7

Am. Sub. H.B. 94 of the 124th General Assembly,

8

Sections 32, 45, 56.01, and 63.09 of Am. Sub. H.B.

9

94 of the 124th General Assembly, as subsequently

10

amended, and Section 30 of Am. Sub. H.B. 405 of the

11

124th General Assembly; to modify conditions for

12

the operation of state programs, to make certain

13

supplemental and capital appropriations, and to

14

make capital reappropriations for the biennium

15

ending June 30, 2004.

16

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 105.41, 151.01, 151.09, 151.40,	17
3318.03, 3318.04, 3318.06, 3318.061, 3318.08, 3318.084, 3318.11,	18
3318.362, 3318.363, 3318.38, and 3345.05 be amended and sections	19
3318.056 and 3318.062 of the Revised Code be enacted to read as	20
follows:	21

Sec. 105.41.  (A) There is hereby created the capitol square	22
review and advisory board, consisting of nineeleven members as	23
follows:	24

(1) Two members of the senate, appointed by the president of	25
the senate, both of whom shall not be members of the same	26
political party;	27

(2) Two members of the house of representatives, appointed	28
by the speaker of the house of representatives, both of whom shall	29
not be members of the same political party;	30

(3) Five members appointed by the governor, with the advice	31
and consent of the senate, not more than three of whom shall be	32
members of the same political party, one of whom shall represent	33
the office of the state architect and engineer, one of whom shall	34
represent the Ohio arts council, one of whom shall represent the	35
Ohio historical society, one of whom shall represent the Ohio	36
building authority, and one of whom shall represent the public at	37
large;	38

(4) One member, who shall be a former president of the	39
senate, appointed by the current president of the senate. If the	40
current president of the senate, in the current president's	41
discretion, decides for any reason not to make the appointment or	42
if no person is eligible or available to serve, the seat shall	43
remain vacant.	44

(5) One member, who shall be a former speaker of the house	45
of representatives, appointed by the current speaker of the house	46
of representatives. If the current speaker of the house of	47
representatives, in the current speaker's discretion, decides for	48
any reason not to make the appointment or if no person is eligible	49
or available to serve, the seat shall remain vacant.	50

(B) Terms of office of each appointed member of the board	51
shall be for three years, except that members of the general	52
assembly appointed to the board shall be members of the board only	53
so long as they are members of the general assembly. Each member	54
shall hold office from the date of the member's appointment until	55
the end of the term for which the member was appointed. In case	56
of a vacancy occurring on the board, the president of the senate,	57
the speaker of the house of representatives, or the governor, as	58
the case may be, shall in the same manner prescribed for the	59
regular appointment to the commission, fill the vacancy by	60
appointing a member. Any member appointed to fill a vacancy	61
occurring prior to the expiration of the term for which the	62
member's predecessor was appointed shall hold office for the	63
remainder of the term. Any member shall continue in office	64
subsequent to the expiration date of the member's term until the	65
member's successor takes office, or until a period of sixty days	66
has elapsed, whichever occurs first.	67

(C) The board shall hold meetings in a manner and at times	68
prescribed by the rules adopted by the board. A majority of the	69
board constitutes a quorum, and no action shall be taken by the	70
board unless approved by at least five voting members or by at	71
least six voting members if a person is appointed under division	72
(A)(4) or (5) of this section. At its first meeting, the board	73
shall adopt rules for the conduct of its business and the election	74
of its officers, and shall organize by selecting a chairperson and	75
other officers as it considers necessary. Board members shall	76
serve without compensation but shall be reimbursed for actual and	77
necessary expenses incurred in the performance of their duties.	78

(D) The board may do any of the following:

79

(1) Employ or hire on a consulting basis professional,	80
technical, and clerical employees as are necessary for the	81
performance of its duties;	82

(2) Hold public hearings at times and places as determined	83
by the board;	84

(3) Adopt, amend, or rescind rules necessary to accomplish	85
the duties of the board as set forth in this section;	86

(4) Sponsor, conduct, and support such social events as the	87
board may authorize and consider appropriate for the employees of	88
the board, employees and members of the general assembly,	89
employees of persons under contract with the board or otherwise	90
engaged to perform services on the premises of capitol square, or	91
other persons as the board may consider appropriate. Subject to	92
the requirements of Chapter 4303. of the Revised Code, the board	93
may provide beer, wine, and intoxicating liquor, with or without	94
charge, for those events and may use funds only from the sale of	95
goods and services fund to purchase the beer, wine, and	96
intoxicating liquor the board provides.	97

(E) The board shall do all of the following:

98

(1) Have sole authority to coordinate and approve any	99
improvements, additions, and renovations that are made to the	100
capitol square. The improvements shall include, but not be	101
limited to, the placement of monuments and sculpture on the	102
capitol grounds.	103

(2) Subject to section 3353.07 of the Revised Code, operate	104
the capitol square, and have sole authority to regulate all uses	105
of the capitol square. The uses shall include, but not be limited	106
to, the casual and recreational use of the capitol square.	107

(3) Employ, fix the compensation of, and prescribe the	108
duties of the executive director of the board and other employees	109
the board considers necessary for the performance of its powers	110
and duties;	111

(4) Establish and maintain the capitol collection trust. The	112
capitol collection trust shall consist of furniture, antiques, and	113
other items of personal property that the board shall store in	114
suitable facilities until they are ready to be placed in the	115
capitol square.	116

(5) Perform repair, construction, contracting, purchasing,	117
maintenance, supervisory, and operating activities the board	118
determines are necessary for the operation and maintenance of the	119
capitol square;	120

(6) Maintain and preserve the capitol square, in accordance	121
with guidelines issued by the United States secretary of the	122
interior for application of the secretary's standards for	123
rehabilitation adopted in 36 C.F.R. part 67.	124

(F)(1) The board shall lease capital facilities improved or	125
financed by the Ohio building authority pursuant to Chapter 152.	126
of the Revised Code for the use of the board, and may enter into	127
any other agreements with the authority ancillary to improvement,	128
financing, or leasing of those capital facilities, including, but	129
not limited to, any agreement required by the applicable bond	130
proceedings authorized by Chapter 152. of the Revised Code. Any	131
lease of capital facilities authorized by this section shall be	132
governed by division (D) of section 152.24 of the Revised Code.	133

(2) Fees, receipts, and revenues received by the board from	134
the state underground parking garage constitute available receipts	135
as defined in section 152.09 of the Revised Code, and may be	136
pledged to the payment of bond service charges on obligations	137
issued by the Ohio building authority pursuant to Chapter 152. of	138
the Revised Code to improve or finance capital facilities useful	139
to the board. The authority may, with the consent of the board,	140
provide in the bond proceedings for a pledge of all or a portion	141
of those fees, receipts, and revenues as the authority	142
determines. The authority may provide in the bond proceedings or	143
by separate agreement with the board for the transfer of those	144
fees, receipts, and revenues to the appropriate bond service fund	145
or bond service reserve fund as required to pay the bond service	146
charges when due, and any such provision for the transfer of	147
those fees, receipts, and revenues shall be controlling	148
notwithstanding any other provision of law pertaining to those	149
fees, receipts, and revenues.	150

(3) All moneys received by the treasurer of state on account	151
of the board and required by the applicable bond proceedings or by	152
separate agreement with the board to be deposited, transferred, or	153
credited to the bond service fund or bond service reserve fund	154
established by the bond proceedings shall be transferred by the	155
treasurer of state to such fund, whether or not it is in the	156
custody of the treasurer of state, without necessity for further	157
appropriation, upon receipt of notice from the Ohio building	158
authority as prescribed in the bond proceedings.	159

(G) All fees, receipts, and revenues received by the board	160
from the state underground parking garage shall be deposited into	161
the state treasury to the credit of the underground parking garage	162
operating fund, which is hereby created, to be used for the	163
purposes specified in division (F) of this section and for the	164
operation and maintenance of the garage. All investment earnings	165
of the fund shall be credited to the fund.	166

(H) All donations received by the board shall be deposited	167
into the state treasury to the credit of the capitol square	168
renovation gift fund, which is hereby created. The fund shall be	169
used by the board as follows:	170

(1) To provide part or all of the funding related to	171
construction, goods, or services for the renovation of the capitol	172
square;	173

(2) To purchase art, antiques, and artifacts for display at	174
the capitol square;	175

(3) To award contracts or make grants to organizations for	176
educating the public regarding the historical background and	177
governmental functions of the capitol square. Chapters 125.,	178
127., and 153. and section 3517.13 of the Revised Code do not	179
apply to purchases made exclusively from the fund, notwithstanding	180
anything to the contrary in those chapters or that section. All	181
investment earnings of the fund shall be credited to the fund.	182

(I) Except as provided in divisions (G), (H), and (J) of	183
this section, all fees, receipts, and revenues received by the	184
board shall be deposited into the state treasury to the credit of	185
the sale of goods and services fund, which is hereby created.	186
Money credited to the fund shall be used solely to pay costs of	187
the board other than those specified in divisions (F) and (G) of	188
this section. All investment earnings of the fund shall be	189
credited to the fund.	190

(J) There is hereby created in the state treasury the	191
capitol square improvement fund, to be used by the board to pay	192
construction, renovation, and other costs related to the capitol	193
square for which money is not otherwise available to the board.	194
Whenever the board determines that there is a need to incur those	195
costs and that the unencumbered, unobligated balance to the credit	196
of the underground parking garage operating fund exceeds the	197
amount needed for the purposes specified in division (F) of this	198
section and for the operation and maintenance of the garage, the	199
board may request the director of budget and management to	200
transfer from the underground parking garage operating fund to the	201
capitol square improvement fund the amount needed to pay such	202
construction, renovation, or other costs. The director then shall	203
transfer the amount needed from the excess balance of the	204
underground parking garage operating fund.	205

(K) As the operation and maintenance of the capitol square	206
constitute essential government functions of a public purpose, the	207
board shall not be required to pay taxes or assessments upon the	208
square, upon any property acquired or used by the board under	209
this section, or upon any income generated by the operation of the	210
square.	211

(L) As used in this section, "capitol square" means the	212
capitol building, senate building, capitol atrium, capitol	213
grounds, and the state underground parking garage.	214

(M) The capitol annex shall be known as the senate building.

215

Sec. 151.01.  (A) As used in sections 151.01 to 151.09 and	216
151.40 of the Revised Code and in the applicable bond proceedings	217
unless otherwise provided:	218

(1) "Bond proceedings" means the resolutions, orders,	219
agreements, and credit enhancement facilities, and amendments and	220
supplements to them, or any one or more or combination of them,	221
authorizing, awarding, or providing for the terms and conditions	222
applicable to or providing for the security or liquidity of, the	223
particular obligations, and the provisions contained in those	224
obligations.	225

(2) "Bond service fund" means the respective bond service	226
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	227
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	228
that fund, including all moneys and investments, and earnings from	229
investments, credited and to be credited to that fund and accounts	230
as and to the extent provided in the applicable bond proceedings.	231

(3) "Capital facilities" means capital facilities or projects	232
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	233
151.08, 151.09, or 151.40 of the Revised Code.	234

(4) "Costs of capital facilities" means the costs of	235
acquiring, constructing, reconstructing, rehabilitating,	236
remodeling, renovating, enlarging, improving, equipping, or	237
furnishing capital facilities, and of the financing of those	238
costs. "Costs of capital facilities" includes, without limitation,	239
and in addition to costs referred to in section 151.03, 151.04,	240
151.05, 151.06, 151.07, 151.08, 151.09, or 151.40 of the Revised	241
Code, the cost of clearance and preparation of the site and of any	242
land to be used in connection with capital facilities, the cost of	243
any indemnity and surety bonds and premiums on insurance, all	244
related direct administrative expenses and allocable portions of	245
direct costs of the issuing authority, costs of engineering and	246
architectural services, designs, plans, specifications, surveys,	247
and estimates of cost, financing costs, interest on obligations	248
from their date to the time when interest is to be paid from	249
sources other than proceeds of obligations, amounts necessary to	250
establish any reserves as required by the bond proceedings, the	251
reimbursement of all moneys advanced or applied by or borrowed	252
from any person or governmental agency or entity for the payment	253
of any item of costs of capital facilities, and all other expenses	254
necessary or incident to planning or determining feasibility or	255
practicability with respect to capital facilities, and such other	256
expenses as may be necessary or incident to the acquisition,	257
construction, reconstruction, rehabilitation, remodeling,	258
renovation, enlargement, improvement, equipment, and furnishing of	259
capital facilities, the financing of those costs, and the placing	260
of the capital facilities in use and operation, including any one,	261
part of, or combination of those classes of costs and expenses.	262

(5) "Credit enhancement facilities," "financing costs," and	263
"interest" or "interest equivalent" have the same meanings as in	264
section 133.01 of the Revised Code.	265

(6) "Debt service" means principal, including any mandatory	266
sinking fund or redemption requirements for retirement of	267
obligations, interest and other accreted amounts, interest	268
equivalent, and any redemption premium, payable on obligations.	269
If not prohibited by the applicable bond proceedings, debt service	270
includes costs relating to credit enhancement facilities that are	271
related to and represent, or are intended to provide a source of	272
payment of or limitation on, other debt service.	273

(7) "Issuing authority" means the Ohio public facilities	274
commission created in section 151.02 of the Revised Code for	275
obligations issued under section 151.03, 151.04, 151.05, 151.07,	276
or 151.09 of the Revised Code, or the treasurer of state, or the	277
officer who by law performs the functions of that office, for	278
obligations issued under section 151.06, 151.08, or 151.40 of the	279
Revised Code.	280

(8) "Net proceeds" means amounts received from the sale of	281
obligations, excluding amounts used to refund or retire	282
outstanding obligations, amounts required to be deposited into	283
special funds pursuant to the applicable bond proceedings, and	284
amounts to be used to pay financing costs.	285

(9) "Obligations" means bonds, notes, or other evidences of	286
obligation of the state, including any appertaining interest	287
coupons, issued pursuant to sections 151.01 to 151.09 or 151.40	288
of the Revised Code.	289

(10) "Principal amount" means the aggregate of the amount as	290
stated or provided for in the applicable bond proceedings as the	291
amount on which interest or interest equivalent on particular	292
obligations is initially calculated. Principal amount does not	293
include any premium paid to the state by the initial purchaser of	294
the obligations. "Principal amount" of a capital appreciation	295
bond, as defined in division (C) of section 3334.01 of the Revised	296
Code, means its face amount, and "principal amount" of a zero	297
coupon bond, as defined in division (J) of section 3334.01 of the	298
Revised Code, means the discounted offering price at which the	299
bond is initially sold to the public, disregarding any purchase	300
price discount to the original purchaser, if provided for pursuant	301
to the bond proceedings.	302

(11) "Special funds" or "funds," unless the context indicates	303
otherwise, means the bond service fund, and any other funds,	304
including any reserve funds, created under the bond proceedings	305
and stated to be special funds in those proceedings, including	306
moneys and investments, and earnings from investments, credited	307
and to be credited to the particular fund. Special funds do not	308
include the school building program assistance fund created by	309
section 3318.25 of the Revised Code, the higher education	310
improvement fund created by division (F) of section 154.21 of the	311
Revised Code, the highway capital improvement bond fund created by	312
section 5528.53 of the Revised Code, the state parks and natural	313
resources fund created by section 1557.02 of the Revised Code, the	314
coal research and development fund created by section 1555.15 of	315
the Revised Code, the clean Ohio conservation fund created by	316
section 164.27 of the Revised Code, the clean Ohio revitalization	317
fund created by section 122.658 of the Revised Code, or other	318
funds created by the bond proceedings that are not stated by those	319
proceedings to be special funds.	320

(B) Subject to Section 2l, 2m, 2n, 2o, or 15, and Section	321
17, of Article VIII, Ohio Constitution, the state, by the issuing	322
authority, is authorized to issue and sell, as provided in	323
sections 151.03 to 151.09 or 151.40 of the Revised Code, and in	324
respective aggregate principal amounts as from time to time	325
provided or authorized by the general assembly, general	326
obligations of this state for the purpose of paying costs of	327
capital facilities or projects identified by or pursuant to	328
general assembly action.	329

(C) Each issue of obligations shall be authorized by	330
resolution or order of the issuing authority. The bond	331
proceedings shall provide for or authorize the manner for	332
determining the principal amount or maximum principal amount of	333
obligations of an issue, the principal maturity or maturities, the	334
interest rate or rates, the date of and the dates of payment of	335
interest on the obligations, their denominations, and the place or	336
places of payment of debt service which may be within or outside	337
the state. Unless otherwise provided by law, the latest principal	338
maturity may not be later than the earlier of the thirty-first day	339
of December of the twenty-fifth calendar year after the year of	340
issuance of the particular obligations or of the twenty-fifth	341
calendar year after the year in which the original obligation to	342
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	343
9.982, and 9.983 of the Revised Code apply to obligations. The	344
purpose of the obligations may be stated in the bond proceedings	345
in general terms, such as, as applicable, "financing or assisting	346
in the financing of projects as provided in Section 2l of Article	347
VIII, Ohio Constitution," "financing or assisting in the financing	348
of highway capital improvement projects as provided in Section 2m	349
of Article VIII, Ohio Constitution," "paying costs of capital	350
facilities for a system of common schools throughout the state as	351
authorized by Section 2n of Article VIII, Ohio Constitution,"	352
"paying costs of capital facilities for state-supported and	353
state-assisted institutions of higher education as authorized by	354
Section 2n of Article VIII, Ohio Constitution," "paying costs of	355
coal research and development as authorized by Section 15 of	356
Article VIII, Ohio Constitution," "financing or assisting in the	357
financing of local subdivision capital improvement projects as	358
authorized by Section 2m of Article VIII, Ohio Constitution,"	359
"paying costs of conservation projects as authorized by Section 2o	360
of Article VIII, Ohio Constitution," or "paying costs of	361
revitalization projects as authorized by Section 2o of Article	362
VIII, Ohio Constitution."	363

(D) The issuing authority may appoint or provide for the	364
appointment of paying agents, bond registrars, securities	365
depositories, clearing corporations, and transfer agents, and may	366
without need for any other approval retain or contract for the	367
services of underwriters, investment bankers, financial advisers,	368
accounting experts, marketing, remarketing, indexing, and	369
administrative agents, other consultants, and independent	370
contractors, including printing services, as are necessary in the	371
judgment of the issuing authority to carry out the issuing	372
authority's functions under this chapter. When the issuing	373
authority is the Ohio public facilities commission, the issuing	374
authority also may without need for any other approval retain or	375
contract for the services of attorneys and other professionals for	376
that purpose. Financing costs are payable, as may be provided in	377
the bond proceedings, from the proceeds of the obligations, from	378
special funds, or from other moneys available for the purpose.	379

(E) The bond proceedings may contain additional provisions	380
customary or appropriate to the financing or to the obligations or	381
to particular obligations including, but not limited to,	382
provisions for:	383

(1) The redemption of obligations prior to maturity at the	384
option of the state or of the holder or upon the occurrence of	385
certain conditions, and at particular price or prices and under	386
particular terms and conditions;	387

(2) The form of and other terms of the obligations;

388

(3) The establishment, deposit, investment, and application	389
of special funds, and the safeguarding of moneys on hand or on	390
deposit, in lieu of the applicability of provisions of Chapter	391
131. or 135. of the Revised Code, but subject to any special	392
provisions of sections 151.01 to 151.09 or 151.40 of the Revised	393
Code with respect to the application of particular funds or	394
moneys. Any financial institution that acts as a depository of	395
any moneys in special funds or other funds under the bond	396
proceedings may furnish indemnifying bonds or pledge securities as	397
required by the issuing authority.	398

(4) Any or every provision of the bond proceedings being	399
binding upon the issuing authority and upon such governmental	400
agency or entity, officer, board, commission, authority, agency,	401
department, institution, district, or other person or body as may	402
from time to time be authorized to take actions as may be	403
necessary to perform all or any part of the duty required by the	404
provision;	405

(5) The maintenance of each pledge or instrument comprising	406
part of the bond proceedings until the state has fully paid or	407
provided for the payment of the debt service on the obligations or	408
met other stated conditions;	409

(6) In the event of default in any payments required to be	410
made by the bond proceedings, or by any other agreement of the	411
issuing authority made as part of a contract under which the	412
obligations were issued or secured, including a credit enhancement	413
facility, the enforcement of those payments by mandamus, a suit in	414
equity, an action at law, or any combination of those remedial	415
actions;	416

(7) The rights and remedies of the holders or owners of	417
obligations or of book-entry interests in them, and of third	418
parties under any credit enhancement facility, and provisions for	419
protecting and enforcing those rights and remedies, including	420
limitations on rights of individual holders or owners;	421

(8) The replacement of mutilated, destroyed, lost, or stolen	422
obligations;	423

(9) The funding, refunding, or advance refunding, or other	424
provision for payment, of obligations that will then no longer be	425
outstanding for purposes of this section or of the applicable bond	426
proceedings;	427

(10) Amendment of the bond proceedings;

428

(11) Any other or additional agreements with the owners of	429
obligations, and such other provisions as the issuing authority	430
determines, including limitations, conditions, or qualifications,	431
relating to any of the foregoing.	432

(F) The great seal of the state or a facsimile of it may be	433
affixed to or printed on the obligations. The obligations	434
requiring execution by or for the issuing authority shall be	435
signed as provided in the bond proceedings. Any obligations may	436
be signed by the individual who on the date of execution is the	437
authorized signer although on the date of these obligations that	438
individual is not an authorized signer. In case the individual	439
whose signature or facsimile signature appears on any obligation	440
ceases to be an authorized signer before delivery of the	441
obligation, that signature or facsimile is nevertheless valid and	442
sufficient for all purposes as if that individual had remained the	443
authorized signer until delivery.	444

(G) Obligations are investment securities under Chapter	445
1308. of the Revised Code. Obligations may be issued in bearer or	446
in registered form, registrable as to principal alone or as to	447
both principal and interest, or both, or in certificated or	448
uncertificated form, as the issuing authority determines.	449
Provision may be made for the exchange, conversion, or transfer of	450
obligations and for reasonable charges for registration, exchange,	451
conversion, and transfer. Pending preparation of final	452
obligations, the issuing authority may provide for the issuance of	453
interim instruments to be exchanged for the final obligations.	454

(H) Obligations may be sold at public sale or at private	455
sale, in such manner, and at such price at, above or below par,	456
all as determined by and provided by the issuing authority in the	457
bond proceedings.	458

(I) Except to the extent that rights are restricted by the	459
bond proceedings, any owner of obligations or provider of a credit	460
enhancement facility may by any suitable form of legal proceedings	461
protect and enforce any rights relating to obligations or that	462
facility under the laws of this state or granted by the bond	463
proceedings. Those rights include the right to compel the	464
performance of all applicable duties of the issuing authority and	465
the state. Each duty of the issuing authority and that	466
authority's officers, staff, and employees, and of each state	467
entity or agency, or using district or using institution, and its	468
officers, members, staff, or employees, undertaken pursuant to the	469
bond proceedings, is hereby established as a duty of the entity or	470
individual having authority to perform that duty, specifically	471
enjoined by law and resulting from an office, trust, or station	472
within the meaning of section 2731.01 of the Revised Code. The	473
individuals who are from time to time the issuing authority,	474
members or officers of the issuing authority, or those members'	475
designees acting pursuant to section 154.02 of the Revised Code,	476
or the issuing authority's officers, staff, or employees, are not	477
liable in their personal capacities on any obligations or	478
otherwise under the bond proceedings.	479

(J)(1) Subject to Section 2l, 2m, 2n, 2o, or 15, and	480
Section 17, of Article VIII, Ohio Constitution and sections 151.01	481
to 151.09 or 151.40 of the Revised Code, the issuing authority	482
may, in addition to the authority referred to in division (B) of	483
this section, authorize and provide for the issuance of:	484

(a) Obligations in the form of bond anticipation notes, and	485
may provide for the renewal of those notes from time to time by	486
the issuance of new notes. The holders of notes or appertaining	487
interest coupons have the right to have debt service on those	488
notes paid solely from the moneys and special funds that are or	489
may be pledged to that payment, including the proceeds of bonds or	490
renewal notes or both, as the issuing authority provides in the	491
bond proceedings authorizing the notes. Notes may be additionally	492
secured by covenants of the issuing authority to the effect that	493
the issuing authority and the state will do all things necessary	494
for the issuance of bonds or renewal notes in such principal	495
amount and upon such terms as may be necessary to provide moneys	496
to pay when due the debt service on the notes, and apply their	497
proceeds to the extent necessary, to make full and timely payment	498
of debt service on the notes as provided in the applicable bond	499
proceedings. In the bond proceedings authorizing the issuance of	500
bond anticipation notes the issuing authority shall set forth for	501
the bonds anticipated an estimated schedule of annual principal	502
payments the latest of which shall be no later than provided in	503
division (C) of this section. While the notes are outstanding	504
there shall be deposited, as shall be provided in the bond	505
proceedings for those notes, from the sources authorized for	506
payment of debt service on the bonds, amounts sufficient to pay	507
the principal of the bonds anticipated as set forth in that	508
estimated schedule during the time the notes are outstanding,	509
which amounts shall be used solely to pay the principal of those	510
notes or of the bonds anticipated.	511

(b) Obligations for the refunding, including funding and	512
retirement, and advance refunding with or without payment or	513
redemption prior to maturity, of any obligations previously	514
issued. Refunding obligations may be issued in amounts sufficient	515
to pay or to provide for repayment of the principal amount,	516
including principal amounts maturing prior to the redemption of	517
the remaining prior obligations, any redemption premium, and	518
interest accrued or to accrue to the maturity or redemption date	519
or dates, payable on the prior obligations, and related financing	520
costs and any expenses incurred or to be incurred in connection	521
with that issuance and refunding. Subject to the applicable bond	522
proceedings, the portion of the proceeds of the sale of refunding	523
obligations issued under division (J)(1)(b) of this section to be	524
applied to debt service on the prior obligations shall be credited	525
to an appropriate separate account in the bond service fund and	526
held in trust for the purpose by the issuing authority or by a	527
corporate trustee. Obligations authorized under this division	528
shall be considered to be issued for those purposes for which the	529
prior obligations were issued.	530

(2) Except as otherwise provided in sections 151.01 to	531
151.09 or 151.40 of the Revised Code, bonds or notes authorized	532
pursuant to division (J) of this section are subject to the	533
provisions of those sections pertaining to obligations generally.	534

(3) The principal amount of refunding or renewal obligations	535
issued pursuant to division (J) of this section shall be in	536
addition to the amount authorized by the general assembly as	537
referred to in division (B) of the following sections: section	538
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, or 151.40	539
of the Revised Code.	540

(K) Obligations are lawful investments for banks, savings	541
and loan associations, credit union share guaranty corporations,	542
trust companies, trustees, fiduciaries, insurance companies,	543
including domestic for life and domestic not for life, trustees or	544
other officers having charge of sinking and bond retirement or	545
other special funds of the state and political subdivisions and	546
taxing districts of this state, the sinking fund, the	547
administrator of workers' compensation subject to the approval of	548
the workers' compensation board, the state teachers retirement	549
system, the public employees retirement system, the school	550
employees retirement system, and the Ohio police and fire pension	551
fund, notwithstanding any other provisions of the Revised Code or	552
rules adopted pursuant to those provisions by any state agency	553
with respect to investments by them, and are also acceptable as	554
security for the repayment of the deposit of public moneys. The	555
exemptions from taxation in Ohio as provided for in particular	556
sections of the Ohio Constitution and section 5709.76 of the	557
Revised Code apply to the obligations.	558

(L)(1) Unless otherwise provided or provided for in any	559
applicable bond proceedings, moneys to the credit of or in a	560
special fund shall be disbursed on the order of the issuing	561
authority. No such order is required for the payment, from the	562
bond service fund or other special fund, when due of debt service	563
or required payments under credit enhancement facilities.	564

(2) Payments received by the state under interest rate	565
hedges entered into as credit enhancement facilities under this	566
chapter shall be deposited to the credit of the bond service fund	567
for the obligations to which those credit enhancement facilities	568
relate.	569

(M) The full faith and credit, revenue, and taxing power of	570
the state are and shall be pledged to the timely payment of debt	571
service on outstanding obligations as it comes due, all in	572
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	573
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	574
151.07, 151.08, or 151.09 of the Revised Code. Moneys referred	575
to in Section 5a of Article XII, Ohio Constitution, may not be	576
pledged or used for the payment of debt service except on	577
obligations referred to in section 151.06 of the Revised Code. Net	578
state lottery proceeds, as provided for and referred to in section	579
3770.06 of the Revised Code, may not be pledged or used for the	580
payment of debt service except on obligations referred to in	581
section 151.03 of the Revised Code. The state covenants, and that	582
covenant shall be controlling notwithstanding any other provision	583
of law, that the state and the applicable officers and agencies of	584
the state, including the general assembly, shall, so long as any	585
obligations are outstanding in accordance with their terms,	586
maintain statutory authority for and cause to be levied, collected	587
and applied sufficient pledged excises, taxes, and revenues of the	588
state so that the revenues shall be sufficient in amounts to pay	589
debt service when due, to establish and maintain any reserves and	590
other requirements, and to pay financing costs, including costs of	591
or relating to credit enhancement facilities, all as provided for	592
in the bond proceedings. Those excises, taxes, and revenues are	593
and shall be deemed to be levied and collected, in addition to the	594
purposes otherwise provided for by law, to provide for the payment	595
of debt service and financing costs in accordance with sections	596
151.01 to 151.08151.09 of the Revised Code and the bond	597
proceedings.	598

(N) The general assembly may from time to time repeal or	599
reduce any excise, tax, or other source of revenue pledged to the	600
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	601
15 of Article VIII, Ohio Constitution, and sections 151.01 to	602
151.09 or 151.40 of the Revised Code, and may levy, collect and	603
apply any new or increased excise, tax, or revenue to meet the	604
pledge, to the payment of debt service on outstanding obligations,	605
of the state's full faith and credit, revenue and taxing power, or	606
of designated revenues and receipts, except fees, excises or taxes	607
referred to in Section 5a of Article XII, Ohio Constitution, for	608
other than obligations referred to in section 151.06 of the	609
Revised Code and except net state lottery proceeds for other than	610
obligations referred to in section 151.03 of the Revised Code.	611
Nothing in division (N) of this section authorizes any impairment	612
of the obligation of this state to levy and collect sufficient	613
excises, taxes, and revenues to pay debt service on obligations	614
outstanding in accordance with their terms.	615

(O) Each bond service fund is a trust fund and is hereby	616
pledged to the payment of debt service on the applicable	617
obligations. Payment of that debt service shall be made or	618
provided for by the issuing authority in accordance with the bond	619
proceedings without necessity for any act of appropriation. The	620
bond proceedings may provide for the establishment of separate	621
accounts in the bond service fund and for the application of those	622
accounts only to debt service on specific obligations, and for	623
other accounts in the bond service fund within the general	624
purposes of that fund.	625

(P) Subject to the bond proceedings pertaining to any	626
obligations then outstanding in accordance with their terms, the	627
issuing authority may in the bond proceedings pledge all, or such	628
portion as the issuing authority determines, of the moneys in the	629
bond service fund to the payment of debt service on particular	630
obligations, and for the establishment and maintenance of any	631
reserves for payment of particular debt service.	632

(Q) For obligations issued pursuant to sections 151.01 to	633
151.09 of the Revised Code, the issuing authority shall by the	634
fifteenth day of the July of each fiscal year, certify or cause to	635
be certified to the office of budget and management the total	636
amount of moneys required during the current fiscal year to meet	637
in full all debt service on the respective obligations and any	638
related financing costs payable from the applicable bond service	639
fund and not from the proceeds of refunding or renewal	640
obligations. The issuing authority shall make or cause to be made	641
supplemental certifications to the office of budget and management	642
for each debt service payment date and at such other times during	643
each fiscal year as may be provided in the bond proceedings or	644
requested by that office. Debt service, costs of credit	645
enhancement facilities, and other financing costs shall be set	646
forth separately in each certification. If and so long as the	647
moneys to the credit of the bond service fund, together with any	648
other moneys available for the purpose, are insufficient to meet	649
in full all payments when due of the amount required as stated in	650
the certificate or otherwise, the office of budget and management	651
shall at the times as provided in the bond proceedings, and	652
consistent with any particular provisions in sections 151.03 to	653
151.09 of the Revised Code, transfer a sufficient amount to the	654
bond service fund from the revenues derived from excises, taxes,	655
and other revenues, including net state lottery proceeds in the	656
case of obligations referred to in section 151.03 of the Revised	657
Code.	658

(R) Unless otherwise provided in any applicable bond	659
proceedings, moneys to the credit of special funds may be invested	660
by or on behalf of the state only in one or more of the following:	661

(1) Notes, bondbonds, or other direct obligations of the	662
United States or of any agency or instrumentality of the United	663
States, or in no-front-end-load money market mutual funds	664
consisting exclusively of those obligations, or in repurchase	665
agreements, including those issued by any fiduciary, secured by	666
those obligations, or in collective investment funds consisting	667
exclusively of those obligations;	668

(2) Obligations of this state or any political subdivision	669
of this state;	670

(3) Certificates of deposit of any national bank located in	671
this state and any bank, as defined in section 1101.01 of the	672
Revised Code, subject to inspection by the superintendent of	673
financial institutions;	674

(4) The treasurer of state's pooled investment program under	675
section 135.45 of the Revised Code.	676

The income from investments referred to in division (R) of	677
this section shall, unless otherwise provided in sections 151.01	678
to 151.09 or 151.40 of the Revised Code, be credited to special	679
funds or otherwise as the issuing authority determines in the bond	680
proceedings. Those investments may be sold or exchanged at times	681
as the issuing authority determines, provides for, or authorizes.	682

(S) The treasurer of state shall have responsibility for	683
keeping records, making reports, and making payments, relating to	684
any arbitrage rebate requirements under the applicable bond	685
proceedings.	686

Sec. 151.09. (A) As used in this section:

687

(1) "Costs of conservation projects" includes related direct	688
administrative expenses and allocable portions of the direct costs	689
of those projects of the department of agriculture, the department	690
of natural resources, or the Ohio public works commission.	691

(2) "Obligations" means obligations as defined in section	692
151.01 of the Revised Code issued to pay costs of projects for	693
conservation purposes as referred to in division (A)(1) of Section	694
2o of Article VIII, Ohio Constitution.	695

(B)(1) The issuing authority shall issue general obligations	696
of the state to pay costs of conservation projects pursuant to	697
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	698
section 151.01 of the Revised Code, and this section. The issuing	699
authority, upon the certification to it by the Ohio public works	700
commission of amounts needed in and for the purposes of the clean	701
Ohio conservation fund created by section 164.27 of the Revised	702
Code, the clean Ohio agricultural easement fund created by	703
section 901.21 of the Revised Code, and the clean Ohio trail fund	704
created by section 1519.05 of the Revised Code, shall issue	705
obligations in the amount determined by the issuing authority to	706
be required for those purposes. The total principal amount of	707
obligations issued under this section shall not exceed two hundred	708
million dollars.	709

(2) In making the certification required under division	710
(B)(1) of this section, the Ohio public works commission shall	711
consult with the department of agriculture and the department of	712
natural resources. The commission shall certify amounts that	713
correspond to the distribution of the net proceeds of obligations	714
provided in division (C) of this section.	715

(C) Net proceeds of obligations shall be deposited as	716
follows:	717

(1) Seventy-five per cent into the clean Ohio conservation	718
fund created by section 164.27 of the Revised Code;	719

(2) Twelve and one-half per cent into the clean Ohio	720
agricultural easement fund created by section 901.21 of the	721
Revised Code;	722

(3) Twelve and one-half per cent into the clean Ohio trail	723
fund created by section 1519.05 of the Revised Code.	724

(D) There is hereby created in the state treasury the	725
conservation projects bond service fund. All moneys received by	726
the state and required by the bond proceedings, consistent with	727
section 151.01 of the Revised Code and this section, to be	728
deposited, transferred, or credited to the bond service fund, and	729
all other moneys transferred or allocated to or received for the	730
purposes of that fund, shall be deposited and credited to the bond	731
service fund, subject to any applicable provisions of the bond	732
proceedings, but without necessity for any act of appropriation.	733
During the period beginning with the date of the first issuance of	734
obligations and continuing during the time that any obligations	735
are outstanding in accordance with their terms, so long as moneys	736
in the bond service fund are insufficient to pay debt service when	737
due on those obligations payable from that fund, except the	738
principal amounts of bond anticipation notes payable from the	739
proceeds of renewal notes or bonds anticipated, and due in the	740
particular fiscal year, a sufficient amount of revenues of the	741
state is committed and, without necessity for further act of	742
appropriation, shall be paid to the bond service fund for the	743
purpose of paying that debt service when due.	744

Sec. 151.40. (A) As used in this section:

745

(1) "Bond proceedings" includes any trust agreements, and	746
any amendments or supplements to them, as authorized by this	747
section.	748

(2) "Costs of revitalization projects" includes related	749
direct administrative expenses and allocable portions of the	750
direct costs of those projects of the department of development or	751
the environmental protection agency.	752

(3) "Issuing authority" means the treasurer of state.

753

(4) "Obligations" means obligations as defined in section	754
151.01 of the Revised Code issued to pay the costs of projects for	755
revitalization purposes as referred to in division (A)(2) of	756
Section 2o of Article VIII, Ohio Constitution.	757

(5) "Pledged liquor profits" means all receipts of the state	758
representing the gross profit on the sale of spirituous liquor, as	759
referred to in division (B)(4) of section 4301.10 of the Revised	760
Code, after paying all costs and expenses of the division of	761
liquor control and providing an adequate working capital reserve	762
for the division of liquor control as provided in that division,	763
but excluding the sum required by the second paragraph of section	764
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	765
to be paid into the state treasury.	766

(6) "Pledged receipts" means, as and to the extent provided	767
in bond proceedings:	768

(a) Pledged liquor profits. The pledge of pledged liquor	769
profits to obligations is subject to the priority of the pledge of	770
those profits to obligations issued and to be issued, and	771
guarantees made and to be made, pursuant to Chapter 166. of the	772
Revised Code.	773

(b) Moneys accruing to the state from the lease, sale, or	774
other disposition or use of revitalization projects or from the	775
repayment, including any interest, of loans or advances made from	776
net proceeds;	777

(c) Accrued interest received from the sale of obligations;

778

(d) Income from the investment of the special funds;

779

(e) Any gifts, grants, donations, or pledges, and receipts	780
therefrom, available for the payment of debt service;	781

(f) Additional or any other specific revenues or receipts	782
lawfully available to be pledged, and pledged, pursuant to further	783
authorization by the general assembly, to the payment of debt	784
service.	785

(B) The issuing authority shall issue obligations of the	786
state to pay costs of revitalization projects pursuant to division	787
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	788
151.01 of the Revised Code as applicable to this section, and this	789
section. The issuing authority, upon the certification to it by	790
the clean Ohio council of the amount of moneys needed in and for	791
the purposes of the clean Ohio revitalization fund created by	792
section 122.658 of the Revised Code, shall issue obligations in	793
the amount determined by the issuing authority to be required for	794
those purposes. The total principal amount of obligations issued	795
under this section shall not exceed two hundred million dollars.	796
The provisions and authorizations in section 151.01 of the Revised	797
Code apply to the obligations and the bond proceedings except as	798
otherwise provided or provided for in those obligations and bond	799
proceedings.	800

(C) Net proceeds of obligations shall be deposited in the	801
clean Ohio revitalization fund created in section 122.658 of the	802
Revised Code.	803

(D) There is hereby created the revitalization projects bond	804
service fund, which shall be in the custody of the treasurer of	805
state, but shall be separate and apart from and not a part of the	806
state treasury. All money received by the state and required by	807
the bond proceedings, consistent with section 151.01 of the	808
Revised Code and this section, to be deposited, transferred, or	809
credited to the bond service fund, and all other money transferred	810
or allocated to or received for the purposes of that fund, shall	811
be deposited and credited to the bond service fund, subject to any	812
applicable provisions of the bond proceedings, but without	813
necessity for any act of appropriation. During the period	814
beginning with the date of the first issuance of obligations and	815
continuing during the time that any obligations are outstanding in	816
accordance with their terms, so long as moneys in the bond service	817
fund are insufficient to pay debt service when due on those	818
obligations payable from that fund, except the principal amounts	819
of bond anticipation notes payable from the proceeds of renewal	820
notes or bonds anticipated, and due in the particular fiscal year,	821
a sufficient amount of pledged receipts is committed and, without	822
necessity for further act of appropriation, shall be paid to the	823
bond service fund for the purpose of paying that debt service when	824
due.	825

(E) The issuing authority may pledge all, or such portion as	826
the issuing authority determines, of the pledged receipts to the	827
payment of the debt service charges on obligations issued under	828
this section, and for the establishment and maintenance of any	829
reserves, as provided in the bond proceedings, and make other	830
provisions in the bond proceedings with respect to pledged	831
receipts as authorized by this section, which provisions are	832
controlling notwithstanding any other provisions of law pertaining	833
to them.	834

(F) The issuing authority may covenant in the bond	835
proceedings, and such covenants shall be controlling	836
notwithstanding any other provision of law, that the state and	837
applicable officers and state agencies, including the general	838
assembly, so long as any obligations issued under this section are	839
outstanding, shall maintain statutory authority for and cause to	840
be charged and collected wholesale or retail prices for spirituous	841
liquor sold by the state or its agents so that the available	842
pledged receipts are sufficient in time and amount to meet debt	843
service payable from pledged liquor profits and for the	844
establishment and maintenance of any reserves and other	845
requirements provided for in the bond proceedings.	846

(G) Obligations may be further secured, as determined by the	847
issuing authority, by a trust agreement between the state and a	848
corporate trustee, which may be any trust company or bank having	849
its principal place of business within the state. Any trust	850
agreement may contain the resolution or order authorizing the	851
issuance of the obligations, any provisions that may be contained	852
in any bond proceedings, and other provisions that are customary	853
or appropriate in an agreement of that type, including, but not	854
limited to:	855

(1) Maintenance of each pledge, trust agreement, or other	856
instrument comprising part of the bond proceedings until the state	857
has fully paid or provided for the payment of debt service on the	858
obligations secured by it;	859

(2) In the event of default in any payments required to be	860
made by the bond proceedings, enforcement of those payments or	861
agreements by mandamus, the appointment of a receiver, suit in	862
equity, action at law, or any combination of them;	863

(3) The rights and remedies of the holders or owners of	864
obligations and of the trustee and provisions for protecting and	865
enforcing them, including limitations on rights of individual	866
holders and owners.	867

(H) The obligations shall not be general obligations of the	868
state and the full faith and credit, revenue, and taxing power of	869
the state shall not be pledged to the payment of debt service on	870
them. The holders or owners of the obligations shall have no right	871
to have any moneys obligated or pledged for the payment of debt	872
service except as provided in this section and in the applicable	873
bond proceedings. The rights of the holders and owners to payment	874
of debt service are limited to all or that portion of the pledged	875
receipts, and those special funds, pledged to the payment of debt	876
service pursuant to the bond proceedings in accordance with this	877
section, and each obligation shall bear on its face a statement to	878
that effect.	879

Sec. 3318.03.  Before conducting an on-site evaluation of a	880
school district under section 3318.02 of the Revised Code, at the	881
request of the district board of education, the Ohio school	882
facilities commission shall examine any classroom facilities needs	883
assessment that has been conducted by the district and any master	884
plan developed for meeting the facility needs of the district.	885

Upon conducting the on-site evaluation under section 3318.02	886
of the Revised Code, the Ohio school facilities commission shall	887
make a determination of all of the following:	888

(A) The needs of the school district for additional	889
classroom facilities;	890

(B) The number of classroom facilities to be included in a	891
project, including classroom facilities authorized by a bond issue	892
described in section 3318.033 of the Revised Code, and the basic	893
project cost of constructing, acquiring, reconstructing, or making	894
additions to each such facility;	895

(C) The amount of such cost that the school district can	896
supply from available funds, by the issuance of bonds previously	897
authorized by the electors of the school district the proceeds of	898
which can lawfully be used for the project, including bonds	899
authorized by the district's electors as described in section	900
3318.033 of the Revised Code, and by the issuance of bonds under	901
section 3318.05 of the Revised Code;	902

(D) The remaining amount of such cost that shall be supplied	903
by the state;	904

(E) If the state's portion of the basic project cost exceeds	905
twenty-five million dollars, theThe amount of the state's portion	906
to be encumbered in accordance with section 3318.11 of the Revised	907
Code in the current and subsequent fiscal bienniums from funds	908
appropriated for purposes of sections 3318.01 to 3318.20 of the	909
Revised Code.	910

The commission shall make a determination in favor of	911
constructing, acquiring, reconstructing, or making additions to a	912
classroom facility only upon evidence that the proposed project	913
conforms to sound educational practice, that it is in keeping with	914
the orderly process of school district reorganization and	915
consolidation, and that the actual or projected enrollment in each	916
classroom facility proposed to be included in the project is at	917
least three hundred fifty pupils. Exceptions shall be authorized	918
only in those districts where topography, sparsity of population,	919
and other factors make larger schools impracticable.	920

Sections 125.81 and 153.04 of the Revised Code shall not	921
apply to classroom facilities constructed under sections 3318.01	922
to 3318.20 of the Revised Code.	923

Sec. 3318.04.  (A) If the Ohio school facilities commission	924
makes a determination under section 3318.03 of the Revised Code in	925
favor of constructing, acquiring, reconstructing, or making	926
additions to a classroom facility, the project shall be	927
conditionally approved. Such conditional approval shall be	928
submitted to the controlling board for approval thereof. The	929
controlling board shall forthwith approve or reject the	930
commission's determination, conditional approval, the amount of	931
the state's portion of the basic project cost, and, if the state's	932
portion exceeds twenty-five million dollars, the amount of the	933
state's portion to be encumbered in the current fiscal biennium.	934
In the event of approval thereof by the controlling board, the	935
commission shall certify such conditional approval to the school	936
district board and shall encumber from the total funds	937
appropriated for the purpose of sections 3318.01 to 3318.20 of the	938
Revised Code the amount of the state's portion of the basic	939
project cost or, if the state's portion exceeds twenty-five	940
million dollars, the amount approved under this section to be	941
encumbered in the current fiscal biennium.	942

The basic project cost for a project approved under this	943
section shall not exceed the cost that would otherwise have to be	944
incurred if the classroom facilities to be constructed, acquired,	945
or reconstructed, or the additions to be made to classroom	946
facilities, under such project meet, but do not exceed, the	947
specifications for plans and materials for classroom facilities	948
adopted by the commission.	949

(B)(1) No school district shall have a project conditionally	950
approved pursuant to this section if the school district has	951
already received any assistance for a project funded under any	952
version of sections 3318.01 to 3318.20 of the Revised Code, and	953
the prior project was one for which the electors of such district	954
approved a levy within the last twenty years pursuant to any	955
version of section 3318.06 of the Revised Code for purposes of	956
qualifying for the funding of that project, unless the district	957
demonstrates to the satisfaction of the commission that the	958
district has experienced since approval of its prior project an	959
exceptional increase in enrollment significantly above the	960
district's design capacity under that prior project as determined	961
by rule of the commission.	962

(2) Notwithstanding division (B)(1) of this section, any	963
school district that received assistance under sections 3318.01 to	964
3318.20 of the Revised Code, as those sections existed prior to	965
May 20, 1997, may receive additional assistance under those	966
sections, as they exist on and after May 20, 1997, prior to the	967
expiration of the period of time required under division (B)(1) of	968
this section, if the percentile in which the school district is	969
located, as determined under section 3318.011 of the Revised Code,	970
is eligible for assistance as prescribed in section 3318.02 of the	971
Revised Code.	972

The commission may provide assistance under sections 3318.01	973
to 3318.20 of the Revised Code pursuant to this division to no	974
more than five school districts per fiscal year until all eligible	975
school districts have received the additional assistance	976
authorized under this division. The commission shall establish	977
application procedures, deadlines, and priorities for funding	978
projects under this division.	979

The commission at its discretion may waive current design	980
specifications it has adopted for projects under sections 3318.01	981
to 3318.20 of the Revised Code when assessing an application for	982
additional assistance under this division for the renovation of	983
classroom facilities constructed or renovated under a school	984
district's previous project. If the commission finds that a	985
school district's existing classroom facilities are adequate to	986
meet all of the school district's needs, the commission may	987
determine that no additional state assistance be awarded to a	988
school district under this division.	989

In order for a school district to be eligible to receive any	990
additional assistance under this division, the school district	991
electors shall extend the school district's existing levy	992
dedicated for maintenance of classroom facilities under Chapter	993
3318. of the Revised Code, pursuant to section 3318.061 of the	994
Revised Code or shall provide equivalent alternative maintenance	995
funds as specified in division (B)(A)(2) of section 3318.06 of the	996
Revised Code.	997

(3) Notwithstanding division (B)(1) of this section, any	998
school district that has received assistance under sections	999
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	1000
receive additional assistance if the commission decides in favor	1001
of providing such assistance pursuant to section 3318.042 of the	1002
Revised Code.	1003

Sec. 3318.056.  A school district may adopt a resolution	1004
proposing that any of the following questions be combined with the	1005
questions specified in divisions (A) and (B) of section 3318.05 of	1006
the Revised Code:	1007

(A) A bond issue question under section 133.18 of the	1008
Revised Code;	1009

(B) A tax levy question under section 5705.21 of the	1010
Revised Code;	1011

(C) A combined bond issue and tax levy question under	1012
section 5705.218 of the Revised Code;	1013

(D) A school district income tax question under section	1014
5748.08 of the Revised Code.	1015

Any question described in divisions (A) to (D) of this	1016
section that is combined with a question proposed under divisions	1017
(A) and (B) of section 3318.05 of the Revised Code shall be for	1018
the purpose of either paying for any permanent improvement as	1019
defined in section 133.01 of the Revised Code or generating	1020
operating revenue specifically for the facilities acquired under	1021
the school district's project under Chapter 3318. of the Revised	1022
Code or for both to the extent such purposes are permitted by the	1023
sections of law under which each is proposed.	1024

Sec. 3318.06. (A) After receipt of the conditional approval	1025
of the Ohio school facilities commission, the school district	1026
board by a majority of all of its members shall, if it desires to	1027
proceed with the project, declare all of the following by	1028
resolution:	1029

(A)(1) That by issuing bonds in an amount equal to the	1030
school district's portion of the basic project cost, including	1031
bonds previously authorized by the district's electors as	1032
described in section 3318.033 of the Revised Code, the district is	1033
unable to provide adequate classroom facilities without assistance	1034
from the state;	1035

(B)(2) Unless the school district board has resolved to	1036
apply the proceeds of a property tax or the proceeds of an income	1037
tax, or a combination of proceeds from such taxes, as authorized	1038
under section 3318.052 of the Revised Code, that to qualify for	1039
such state assistance it is necessary to do either of the	1040
following:	1041

(1)(a) Levy a tax outside the ten-mill limitation the	1042
proceeds of which shall be used to pay the cost of maintaining the	1043
classroom facilities included in the project;	1044

(2)(b) Earmark for maintenance of classroom facilities from	1045
the proceeds of an existing permanent improvement tax levied under	1046
section 5705.21 of the Revised Code, if such tax is of at least	1047
two mills for each dollar of valuation and can be used for	1048
maintenance, an amount equivalent to the amount of the additional	1049
tax otherwise required under this section and sections 3318.05 and	1050
3318.08 of the Revised Code.	1051

(C)(3) That the question of any tax levy specified in a	1052
resolution described in division (B)(1)(A)(2)(a) of this section,	1053
if required, shall be submitted to the electors of the school	1054
district at the next general or primary election, if there be a	1055
general or primary election not less than seventy-five and not	1056
more than ninety-five days after the day of the adoption of such	1057
resolution or, if not, at a special election to be held at a time	1058
specified in the resolution which shall be not less than	1059
seventy-five days after the day of the adoption of the resolution	1060
and which shall be in accordance with the requirements of section	1061
3501.01 of the Revised Code.	1062

Such resolution shall also state that the question of issuing	1063
bonds of the board shall be combined in a single proposal with the	1064
question of such tax levy. More than one election under this	1065
section may be held in any one calendar year. Such resolution	1066
shall specify both of the following:	1067

(1)(a) That the rate which it is necessary to levy shall be	1068
at the rate of not less than one-half mill for each one dollar of	1069
valuation, and that such tax shall be levied for a period of	1070
twenty-three years;	1071

(2)(b) That the proceeds of the tax shall be used to pay the	1072
cost of maintaining the classroom facilities included in the	1073
project.	1074

(B) A copy of sucha resolution adopted under division (A)	1075
of this section shall after its passage and not less than	1076
seventy-five days prior to the date set therein for the election	1077
be certified to the county board of elections.	1078

The resolution of the school district board, in addition to	1079
meeting other applicable requirements of section 133.18 of the	1080
Revised Code, shall state that the amount of bonds to be issued	1081
will be an amount equal to the school district's portion of the	1082
basic project cost, and state the maximum maturity of the bonds	1083
which, notwithstanding section 133.20 of the Revised Code, may be	1084
any number of years not exceeding twenty-threethe term calculated	1085
under section 133.20 of the Revised Code as determined by the	1086
board. In estimating the amount of bonds to be issued, the board	1087
shall take into consideration the amount of moneys then in the	1088
bond retirement fund and the amount of moneys to be collected for	1089
and disbursed from the bond retirement fund during the remainder	1090
of the year in which the resolution of necessity is adopted.	1091

If the bonds are to be issued in more than one series, the	1092
resolution may state, in addition to the information required to	1093
be stated under division (B)(3) of section 133.18 of the Revised	1094
Code, the number of series, which shall not exceed five, the	1095
principal amount of each series, and the approximate date each	1096
series will be issued, and may provide that no series, or any	1097
portion thereof, may be issued before such date. Upon such a	1098
resolution being certified to the county auditor as required by	1099
division (C) of section 133.18 of the Revised Code, the county	1100
auditor, in calculating, advising, and confirming the estimated	1101
average annual property tax levy under that division, shall also	1102
calculate, advise, and confirm by certification the estimated	1103
average property tax levy for each series of bonds to be issued.	1104

Notice of the election shall include the fact that the tax	1105
levy shall be at the rate of not less than one-half mill for each	1106
one dollar of valuation for a period of twenty-three years, and	1107
that the proceeds of the tax shall be used to pay the cost of	1108
maintaining the classroom facilities included in the project.	1109

If the bonds are to be issued in more than one series, the	1110
board of education, when filing copies of the resolution with the	1111
board of elections as required by division (D) of section 133.18	1112
of the Revised Code, may direct the board of elections to include	1113
in the notice of election the principal amount and approximate	1114
date of each series, the maximum number of years over which the	1115
principal of each series may be paid, the estimated additional	1116
average property tax levy for each series, and the first calendar	1117
year in which the tax is expected to be due for each series, in	1118
addition to the information required to be stated in the notice	1119
under division (E)(3)(a) to (e) of section 133.18 of the Revised	1120
Code.	1121

The(C)(1) Except as otherwise provided in division (C)(2)	1122
of this section, the form of the ballot to be used at such	1123
election shall be:	1124

"A majority affirmative vote is necessary for passage.

1125

Shall bonds be issued by the ............ (here insert name	1126
of school district) school district to pay the local share of	1127
school construction under the State of Ohio Classroom Facilities	1128
Assistance Program in the principal amount of ............ (here	1129
insert principal amount of the bond issue), to be repaid annually	1130
over a maximum period of ............ (here insert the maximum	1131
number of years over which the principal of the bonds may be paid)	1132
years, and an annual levy of property taxes be made outside the	1133
ten-mill limitation, estimated by the county auditor to average	1134
over the repayment period of the bond issue ............ (here	1135
insert the number of mills estimated) mills for each one dollar of	1136
tax valuation, which amounts to ............ (rate expressed in	1137
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	1138
for each one hundred dollars of tax valuation to pay the annual	1139
debt charges on the bonds and to pay debt charges on any notes	1140
issued in anticipation of the bonds?"	1141

and, unless the additional levy

1142

of taxes is not required pursuant

1143

to division (C) of section

1144

3318.05 of the Revised Code,

1145

"Shall an additional levy of taxes be made for a period of	1146
twenty-three years to benefit the ............ (here insert name	1147
of school district) school district, the proceeds of which shall	1148
be used to pay the cost of maintaining the classroom facilities	1149
included in the project at the rate of .......... (here insert the	1150
number of mills, which shall not be less than one-half mill) mills	1151
for each one dollar of valuation?	1152

1153

1156

(2) If authority is sought to issue bonds in more than one	1157
series and the board of education so elects, the form of the	1158
ballot shall be as prescribed in section 3318.062 of the Revised	1159
Code. If the board of education elects the form of the ballot	1160
prescribed in that section, it shall so state in the resolution	1161
adopted under this section.	1162

(D) If it is necessary for the school district to acquire a	1163
site for the classroom facilities to be acquired pursuant to	1164
sections 3318.01 to 3318.20 of the Revised Code, the district	1165
board may propose either to issue bonds of the board or to levy a	1166
tax to pay for the acquisition of such site, and may combine the	1167
question of doing so with the questions specified in division (C)	1168
(B) of this section. Bonds issued under this division for the	1169
purpose of acquiring a site are a general obligation of the school	1170
district and are Chapter 133. securities.	1171

The form of that portion of the ballot to include the	1172
question of either issuing bonds or levying a tax for site	1173
acquisition purposes shall be one of the following:	1174

(1) "Shall bonds be issued by the ............ (here insert	1175
name of the school district) school district to pay costs of	1176
acquiring a site for classroom facilities under the State of Ohio	1177
Classroom Facilities Assistance Program in the principal amount of	1178
.......... (here insert principal amount of the bond issue), to be	1179
repaid annually over a maximum period of .......... (here insert	1180
maximum number of years over which the principal of the bonds may	1181
be paid) years, and an annual levy of property taxes be made	1182
outside the ten-mill limitation, estimated by the county auditor	1183
to average over the repayment period of the bond issue ..........	1184
(here insert number of mills) mills for each one dollar of tax	1185
valuation, which amount to .......... (here insert rate expressed	1186
in cents or dollars and cents, such as "thirty-six cents" or	1187
"$0.36") for each one hundred dollars of valuation to pay the	1188
annual debt charges on the bonds and to pay debt charges on any	1189
notes issued in anticipation of the bonds?"	1190

(2) "Shall an additional levy of taxes outside the ten-mill	1191
limitation be made for the benefit of the .......... (here insert	1192
name of the school district) .......... school district for the	1193
purpose of acquiring a site for classroom facilities in the sum of	1194
......... (here insert annual amount the levy is to produce)	1195
estimated by the county auditor to average ........ (here insert	1196
number of mills) mills for each one hundred dollars of valuation,	1197
for a period of ......... (here insert number of years the millage	1198
is to be imposed) years?"	1199

Where it is necessary to combine the question of issuing	1200
bonds of the school district and levying a tax as described in	1201
division (C)(B) of this section with the question of issuing bonds	1202
of the school district for acquisition of a site, the question	1203
specified in that division (C) of this section to be voted on	1204
shall be "For the Bond Issues and the Tax Levy" and "Against the	1205
Bond Issues and the Tax Levy."	1206

Where it is necessary to combine the question of issuing	1207
bonds of the school district and levying a tax as described in	1208
division (C)(B) of this section with the question of levying a tax	1209
for the acquisition of a site, the question specified in that	1210
division (C) of this section to be voted on shall be "For the Bond	1211
Issue and the Tax Levies" and "Against the Bond Issue and the Tax	1212
Levies."	1213

Where the school district board chooses to combine the	1214
question in division (B) of this section with any of the	1215
additional questions described in divisions (A) to (D) of section	1216
3318.056 of the Revised Code, the question specified in division	1217
(B) of this section to be voted on shall be "For the Bond Issues	1218
and the Tax Levies" and "Against the Bond Issues and the Tax	1219
Levies."	1220

If a majority of those voting upon a proposition hereunder	1221
which includes the question of issuing bonds vote in favor	1222
thereof, and if the agreement provided for by section 3318.08 of	1223
the Revised Code has been entered into, the school district board	1224
may proceed under Chapter 133. of the Revised Code, with the	1225
issuance of bonds or bond anticipation notes in accordance with	1226
the terms of the agreement.	1227

Sec. 3318.061.  This section applies only to school districts	1228
eligible to receive additional assistance under division (B)(2) of	1229
section 3318.04 of the Revised Code and to big eight districts	1230
segmenting projects under section 3318.38 of the Revised Code.	1231

The board of education of a school district in which a tax	1232
described by division (B) of section 3318.05 and levied under	1233
section 3318.06 of the Revised Code is in effect, may adopt a	1234
resolution by vote of a majority of its members to extend the term	1235
of that tax beyond the expiration of that tax as originally	1236
approved under that section. The school district board may	1237
include in the resolution a proposal to extend the term of that	1238
tax at the rate of not less than one-half mill for each dollar of	1239
valuation for a period of twenty-three years from the year in	1240
which the school district board and the Ohio school facilities	1241
commission enter into an agreement under division (B)(2) of	1242
section 3318.04 of the Revised Code or in the following year, as	1243
specified in the resolution or, as applicable in the case of a	1244
district segmenting a project under section 3318.38 of the Revised	1245
Code, from the year in which the last segment is undertaken. Such	1246
a resolution may be adopted at any time before such an agreement	1247
is entered into and before the tax levied pursuant to section	1248
3318.06 of the Revised Code expires. If the resolution is	1249
combined with a resolution to issue bonds to pay the school	1250
district's portion of the basic project cost, it shall conform	1251
with the requirements of divisions (A), (B)(1), (2), and (C)(3) of	1252
section 3318.06 of the Revised Code, except that the resolution	1253
also shall state that the tax levy proposed in the resolution is	1254
an extension of an existing tax levied under that section. A	1255
resolution proposing an extension adopted under this section does	1256
not take effect until it is approved by a majority of electors	1257
voting in favor of the resolution at a general, primary, or	1258
special election as provided in this section.	1259

A tax levy extended under this section is subject to the same	1260
terms and limitations to which the original tax levied under	1261
section 3318.06 of the Revised Code is subject under that section,	1262
except the term of the extension shall be as specified in this	1263
section.	1264

The school district board shall certify a copy of the	1265
resolution adopted under this section to the proper county board	1266
of elections not later than seventy-five days before the date set	1267
in the resolution as the date of the election at which the	1268
question will be submitted to electors. The notice of the	1269
election shall conform with the requirements of division (C)(A)(3)	1270
of section 3318.06 of the Revised Code, except that the notice	1271
also shall state that the maintenance tax levy is an extension of	1272
an existing tax levy.	1273

The form of the ballot shall be as follows:

1274

"Shall the existing tax levied to pay the cost of maintaining	1275
classroom facilities constructed with the proceeds of the	1276
previously issued bonds at the rate of .......... (here insert the	1277
number of mills, which shall not be less than one-half mill) mills	1278
per dollar of tax valuation, be extended until ........ (here	1279
insert the year that is twenty-three years after the year in which	1280
the district and commission will enter into an agreement under	1281
division (B)(2) of section 3318.04 of the Revised Code or the	1282
following year)?	1283

1284

1287

Section 3318.07 of the Revised Code applies to ballot	1288
questions under this section.	1289

Sec. 3318.062.  (A) If authority is sought to issue bonds	1290
in more than one series to pay the school district's portion of	1291
the basic project cost under sections 3318.01 to 3318.20 of the	1292
Revised Code, the form of the ballot shall be:	1293

"Shall bonds be issued by the .......... (here insert name	1294
of school district) school district to pay the local share of	1295
school construction under the State of Ohio Classroom Facilities	1296
Assistance Program in the total principal amount of ..........	1297
(total principal amount of the bond issue), to be issued in ......	1298
(number of series) series, each series to be repaid annually over	1299
not more than ...... (maximum number of years over which the	1300
principal of each series may be paid) years, and an annual levy of	1301
property taxes be made outside the ten-mill limitation to pay the	1302
annual debt charges on the bonds and on any notes issued in	1303
anticipation of the bonds, at a rate estimated by the county	1304
auditor to average over the repayment period of each series as	1305
follows: .......... (insert the following for each series: "the	1306
.......... series, in a principal amount of .......... dollars,	1307
requiring ...... mills per dollar of tax valuation, which amounts	1308
to ...... (rate expressed in cents or dollars and cents, such as	1309
"36 cents" or "$1.41") for each one hundred dollars in tax	1310
valuation, commencing in .......... and first payable in	1311
..........)?"	1312

and, unless the additional levy

1313

of taxes is not required pursuant

1314

to division (C) of section

1315

3318.05 of the Revised Code,

1316

"Shall an additional levy of taxes be made for a period of	1318
twenty-three years to benefit the .......... (here insert name of	1319
school district) school district, the proceeds of which shall be	1320
used to pay the cost of maintaining the classroom facilities	1321
included in the project at the rate of .......... (here insert the	1322
number of mills, which shall not be less than one-half mill) mills	1323
for each one dollar of valuation?	1324

1325

1328

(B) If it is necessary for the school district to acquire a	1329
site for the classroom facilities to be acquired pursuant to	1330
sections 3318.01 to 3318.20 of the Revised Code, the district	1331
board may propose either to issue bonds of the board or to levy a	1332
tax to pay for the acquisition of such site, and may combine the	1333
question of doing so with the questions specified in division (A)	1334
of this section. Bonds issued under this division for the purpose	1335
of acquiring a site are a general obligation of the school	1336
district and are Chapter 133. securities.	1337

The form of that portion of the ballot to include the	1338
question of either issuing bonds or levying a tax for site	1339
acquisition purposes shall be one of the forms prescribed in	1340
division (D) of section 3318.06 of the Revised Code.	1341

(C) Where the school district board chooses to combine the	1342
question in division (A) of this section with any of the	1343
additional questions described in divisions (A) to (D) of section	1344
3318.056 of the Revised Code, the question specified in division	1345
(A) of this section to be voted on shall be "For the Bond Issues	1346
and the Tax Levies" and "Against the Bond Issues and the Tax	1347
Levies."	1348

(D) If a majority of those voting upon a proposition	1349
prescribed in this section which includes the question of issuing	1350
bonds vote in favor of that issuance, and if the agreement	1351
prescribed in section 3318.08 of the Revised Code has been entered	1352
into, the school district board may proceed under Chapter 133. of	1353
the Revised Code with the issuance of bonds or bond anticipation	1354
notes in accordance with the terms of the agreement.	1355

Sec. 3318.08.  If the requisite favorable vote on the	1356
election is obtained, or if the school district board has resolved	1357
to apply the proceeds of a property tax levy or the proceeds of an	1358
income tax, or a combination of proceeds from such taxes, as	1359
authorized in section 3318.052 of the Revised Code, the Ohio	1360
school facilities commission, upon certification to it of either	1361
the results of the election or the resolution under section	1362
3318.052 of the Revised Code, shall enter into a written agreement	1363
with the school district board for the construction and sale of	1364
the project, which agreement shall include, but need not be	1365
limited to, the following provisions:	1366

(A) The sale and issuance of bonds or notes in anticipation	1367
thereof, as soon as practicable after the execution of the	1368
agreement, in an amount equal to the school district's portion of	1369
the basic project cost, including any bonds previously authorized	1370
by the district's electors as described in section 3318.033 of the	1371
Revised Code; provided, that if at that time the county treasurer	1372
of each county in which the school district is located has not	1373
commenced the collection of taxes on the general duplicate of real	1374
and public utility property for the year in which the controlling	1375
board approved the project, the school district board shall	1376
authorize the issuance of a first installment of bond anticipation	1377
notes in an amount specified by the agreement, which amount shall	1378
not exceed an amount necessary to raise the net bonded	1379
indebtedness of the school district as of the date of the	1380
controlling board's approval to within five thousand dollars of	1381
the required level of indebtedness for the preceding year. In the	1382
event that a first installment of bond anticipation notes is	1383
issued, the school district board shall, as soon as practicable	1384
after the county treasurer of each county in which the school	1385
district is located has commenced the collection of taxes on the	1386
general duplicate of real and public utility property for the year	1387
in which the controlling board approved the project, authorize the	1388
issuance of a second and final installment of bond anticipation	1389
notes or a first and final issue of bonds.	1390

The combined value of the first and second installment of	1391
bond anticipation notes or the value of the first and final issue	1392
of bonds shall be equal to the school district's portion of the	1393
basic project cost. The proceeds of any such bonds shall be used	1394
first to retire any bond anticipation notes. Otherwise, the	1395
proceeds of such bonds and of any bond anticipation notes, except	1396
the premium and accrued interest thereon, shall be deposited in	1397
the school district's project construction fund. In determining	1398
the amount of net bonded indebtedness for the purpose of fixing	1399
the amount of an issue of either bonds or bond anticipation notes,	1400
gross indebtedness shall be reduced by moneys in the bond	1401
retirement fund only to the extent of the moneys therein on the	1402
first day of the year preceding the year in which the controlling	1403
board approved the project. Should there be a decrease in the tax	1404
valuation of the school district so that the amount of	1405
indebtedness that can be incurred on the tax duplicates for the	1406
year in which the controlling board approved the project is less	1407
than the amount of the first installment of bond anticipation	1408
notes, there shall be paid from the school district's project	1409
construction fund to the school district's bond retirement fund to	1410
be applied against such notes an amount sufficient to cause the	1411
net bonded indebtedness of the school district, as of the first	1412
day of the year following the year in which the controlling board	1413
approved the project, to be within five thousand dollars of the	1414
required level of indebtedness for the year in which the	1415
controlling board approved the project. The maximum amount of	1416
indebtedness to be incurred by any school district board as its	1417
share of the cost of the project is either an amount that will	1418
cause its net bonded indebtedness, as of the first day of the year	1419
following the year in which the controlling board approved the	1420
project, to be within five thousand dollars of the required level	1421
of indebtedness, or an amount equal to the required percentage of	1422
the basic project costs, whichever is greater. All bonds and bond	1423
anticipation notes shall be issued in accordance with Chapter 133.	1424
of the Revised Code, and notes may be renewed as provided in	1425
section 133.22 of the Revised Code.	1426

(B) The transfer of such funds of the school district board	1427
available for the project, together with the proceeds of the sale	1428
of the bonds or notes, except premium, accrued interest, and	1429
interest included in the amount of the issue, to the school	1430
district's project construction fund;	1431

(C) If section 3318.052 of the Revised Code applies, the	1432
earmarking of the proceeds of a tax levied under section 5705.21	1433
of the Revised Code for general ongoing permanent or under	1434
section 5705.218 of the Revised Code for the purpose of permanent	1435
improvements, or the proceeds of a school district income tax	1436
levied under Chapter 5748. of the Revised Code, or the proceeds	1437
from a combination of those two taxes, in an amount to pay all or	1438
part of the service charges on bonds issued to pay the school	1439
district portion of the project and an amount equivalent to all or	1440
part of the tax required under division (B) of section 3318.05 of	1441
the Revised Code.	1442

(C)(D) If section 3318.052 of the Revised Code does not	1443
apply, either of the following:	1444

(1) The levy of the tax authorized at the election for the	1445
payment of maintenance costs, as specified in division (B) of	1446
section 3318.05 of the Revised Code;	1447

(2) If the school district electors have approved a	1448
continuing tax of at least two mills for each dollar of valuation	1449
for general ongoing permanent improvements under section 5705.21	1450
of the Revised Code and that tax can be used for maintenance, the	1451
earmarking of an amount of the proceeds from such tax for	1452
maintenance of classroom facilities as specified in division (B)	1453
of section 3318.05 of the Revised Code.	1454

(D)(E) Dedication of any local donated contribution as	1455
provided for under section 3318.084 of the Revised Code, including	1456
a schedule for depositing such moneys applied as an offset of the	1457
district's obligation to levy the tax described in division (B) of	1458
section 3318.05 of the Revised Code as required under division	1459
(D)(2) of section 3318.084 of the Revised Code.	1460

(F) Ownership of or interest in the project during the	1461
period of construction, which shall be divided between the	1462
commission and the school district board in proportion to their	1463
respective contributions to the school district's project	1464
construction fund;	1465

(E)(G) Maintenance of the state's interest in the project	1466
until any obligations issued for the project under section 3318.26	1467
of the Revised Code are no longer outstanding;	1468

(F)(H) The insurance of the project by the school district	1469
from the time there is an insurable interest therein and so long	1470
as the state retains any ownership or interest in the project	1471
pursuant to division (D)(F) of this section, in such amounts and	1472
against such risks as the commission shall require; provided, that	1473
the cost of any required insurance until the project is completed	1474
shall be a part of the basic project cost;	1475

(G)(I) The certification by the director of budget and	1476
management that funds are available and have been set aside to	1477
meet the state's share of the basic project cost as approved by	1478
the controlling board pursuant to section 3318.04 of the Revised	1479
Code;	1480

(H)(J) Authorization of the school district board to	1481
advertise for and receive construction bids for the project, for	1482
and on behalf of the commission, and to award contracts in the	1483
name of the state subject to approval by the commission;	1484

(I)(K) Provisions for the disbursement of moneys from the	1485
school district's project account upon issuance by the commission	1486
or the commission's designated representative of vouchers for work	1487
done to be certified to the commission by the treasurer of the	1488
school district board;	1489

(J)(L) Disposal of any balance left in the school district's	1490
project construction fund upon completion of the project;	1491

(K)(M) Limitations upon use of the project or any part of it	1492
so long as any obligations issued to finance the project under	1493
section 3318.26 of the Revised Code are outstanding;	1494

(L)(N) Provision for vesting the state's interest in the	1495
project to the school district board when the obligations issued	1496
to finance the project under section 3318.26 of the Revised Code	1497
are outstanding;	1498

(M)(O) Provision for deposit of an executed copy of the	1499
agreement in the office of the commission;	1500

(N)(P) Provision for termination of the contract and release	1501
of the funds encumbered at the time of the conditional approval,	1502
if the proceeds of the sale of the bonds of the school district	1503
board are not paid into the school district's project construction	1504
fund and if bids for the construction of the project have not been	1505
taken within such period after the execution of the agreement as	1506
may be fixed by the commission;	1507

(O)(Q) Provision for the school district to maintain the	1508
project in accordance with a plan approved by the commission;	1509

(P) Provision(R)(1) For all school districts except those	1510
undertaking a project under section 3318.38 of the Revised Code,	1511
provision that all state funds reserved and encumbered to pay	1512
the state share of the cost of the project pursuant to section	1513
3318.03 of the Revised Code be spent on the construction or	1514
acquisition of the project prior to the expenditure of any funds	1515
provided by the school district to pay for its share of the	1516
project cost, unless the school district certifies to the	1517
commission that expenditure by the school district is necessary to	1518
maintain the tax-exempt status of notes or bonds issued by the	1519
school district to pay for its share of the project cost or to	1520
comply with applicable temporary investment periods or spending	1521
exceptions to rebate as provided for under federal law in regard	1522
to those notes or bonds, in which casecases, the school district	1523
may commit to spend, or spend, a portion of the funds it provides;	1524

(2) For school districts undertaking a project under section	1525
3318.38 of the Revised Code, provision that the state funds	1526
reserved and encumbered and the funds provided by the school	1527
district to pay the basic project cost of any segment of the	1528
project, or of the entire project if it is not divided into	1529
segments, be spent on the construction and acquisition of the	1530
project simultaneously in proportion to the state's and the school	1531
district's respective shares of that basic project cost as	1532
determined under section 3318.032 of the Revised Code.	1533

(Q)(S) A provision stipulating that the commission may	1534
prohibit the district from proceeding with any project if the	1535
commission determines that the site is not suitable for	1536
construction purposes. The commission may perform soil tests in	1537
its determination of whether a site is appropriate for	1538
construction purposes.	1539

(R)(T) A provision stipulating that, unless otherwise	1540
authorized by the commission, any contingency reserve portion of	1541
the construction budget prescribed by the commission shall be used	1542
only to pay costs resulting from unforeseen job conditions, to	1543
comply with rulings regarding building and other codes, to pay	1544
costs related to design clarifications or corrections to contract	1545
documents, and to pay the costs of settlements or judgments	1546
related to the project as provided under section 3318.086 of the	1547
Revised Code.	1548

Sec. 3318.084.  (A) Notwithstanding anything to the contrary	1549
in Chapter 3318. of the Revised Code, a school district board may	1550
apply any local donated contribution toward either or both of the	1551
following:	1552

(1) The district's portion of the basic project cost of a	1553
project under sections 3318.01 to 3318.20 of the Revised Code to	1554
reduce the amount of bonds the district otherwise must issue in	1555
order to receive state assistance under those sections;	1556

(2) An offset of all or part of a district's obligation to	1557
levy the tax described in division (B) of section 3318.05 of the	1558
Revised Code, which shall be applied only in the manner prescribed	1559
in division (B) of this section.	1560

(B) No school district board shall apply any local donated	1561
contribution under division (A)(2) of this section unless the Ohio	1562
school facilities commission first approves that application.	1563

Upon the request of the school district board to apply local	1564
donated contribution under division (A)(2) of this section, the	1565
commission in consultation with the department of taxation shall	1566
determine the amount of total revenue that likely would be	1567
generated by one-half mill of the tax described in division (B) of	1568
section 3318.05 of the Revised Code over the entire	1569
twenty-three-year period required under that section and shall	1570
deduct from that amount any amount of local donated contribution	1571
that the board has committed to apply under division (A)(2) of	1572
this section. The commission then shall determine in consultation	1573
with the department of taxation the rate of tax over twenty-three	1574
years necessary to generate the amount of a one-half mill tax not	1575
offset by the local donated contribution. Notwithstanding	1576
anything to the contrary in section 3318.06, 3318.061, or 3318.361	1577
of the Revised Code, the rate determined by the commission shall	1578
be the rate for which the district board shall seek elector	1579
approval under those sections to meet its obligation under	1580
division (B) of section 3318.05 of the Revised Code. In the case	1581
of a complete offset of the district's obligation under division	1582
(B) of section 3318.05 of the Revised Code, the district shall not	1583
be required to levy the tax otherwise required under that section.	1584
At the end of the twenty-three-year period of the tax required	1585
under division (B) of section 3318.05 of the Revised Code, whether	1586
or not the tax is actually levied, the commission in consultation	1587
of the department of taxation shall recalculate the amount that	1588
would have been generated by the tax if it had been levied at	1589
one-half mill. If the total amount actually generated over that	1590
period from both the tax that was actually levied and any local	1591
donated contribution applied under division (A)(2) of this section	1592
is less than the amount that would have been raised by a one-half	1593
mill tax, the district shall pay any difference. If the total	1594
amount actually raised in such manner is greater than the amount	1595
that would have been raised by a one-half mill tax the difference	1596
shall be zero and no payments shall be made by either the district	1597
or the commission.	1598

(C) As used in this section, "local donated contribution"	1599
means either of the following:	1600

(1) Any moneys irrevocably donated or granted to a school	1601
district board by a source other than the state which the board	1602
has the authority to apply to the school district's project under	1603
sections 3318.01 to 3318.20 of the Revised Code and which the	1604
board has pledged for that purpose by resolution adopted by a	1605
majority of its members;	1606

(2) Any irrevocable letter of credit issued on behalf of a	1607
school district or any cash a school district has on hand,	1608
including any year-end operating fund balances, that can be spent	1609
for classroom facilities, either of which the school district	1610
board has encumbered for payment of the school district's share of	1611
its project under sections 3318.01 to 3318.20 of the Revised Code	1612
and either of which has been approved by the commission in	1613
consultation with the department of education.	1614

(D) No state moneys shall be released for a project to which	1615
this section applies until any:	1616

(1) Any local donated contribution authorized under division	1617
(A)(1) of this section is first deposited into the school	1618
district's project construction fund, if applied under division	1619
(A)(1) of this section, or into the district's capital and	1620
maintenance fund if applied under division (A)(2) of this section.	1621

(2) The school district board and the commission have	1622
included a stipulation in their agreement entered into under	1623
section 3318.08 of the Revised Code under which the board will	1624
deposit into a fund approved by the commission according to a	1625
schedule that does not extend beyond the anticipated completion	1626
date of the project the total amount of any local donated	1627
contribution authorized under division (A)(2) of this section and	1628
dedicated by the board for that purpose.	1629

Sec. 3318.11.  For any project for which the state's portion	1630
of the basic project cost exceeds twenty-five million dollars	1631
undertaken with financial assistance from the state under this	1632
chapter, the amount of state appropriations to be encumbered for	1633
the project in each fiscal biennium shall be determined by the	1634
Ohio school facilities commission based on the project's estimated	1635
construction schedule for that biennium. In each fiscal biennium	1636
subsequent to the first biennium in which state appropriations are	1637
encumbered for the project, the project has priority for state	1638
funds over projects for which initial state funding is sought.	1639

Sec. 3318.362.  This section applies only to a school	1640
district that participates in the school building assistance	1641
expedited local partnership program under section 3318.36 of the	1642
Revised Code.	1643

Notwithstanding the twenty-three year maximum maturity for	1644
bonds proposed to be issued by a school district board for a	1645
classroom facilities project pursuant to division (C) of section	1646
3318.06 of the Revised Code, aA school district board that enters	1647
into an agreement with the Ohio school facilities commission under	1648
division (B) of section 3318.36 of the Revised Code may propose	1649
for issuance any bonds necessary for its participation in the	1650
program under section 3318.36 of the Revised Code for a term	1651
longer than twenty-three years but not to exceedany number of	1652
years not exceeding the term calculated pursuant to section 133.20	1653
of the Revised Code. Any moneys received from the state under	1654
division (E)(2) of section 3318.36 of the Revised Code shall be	1655
applied, as agreed in writing by the school district board and the	1656
commission, to pay debt service on outstanding bonds or bond	1657
anticipation notes issued by the school district board for its	1658
participation in the expedited local partnership program,	1659
including by placing those moneys in an applicable escrow fund	1660
under division (D) of section 133.34 of the Revised Code.	1661

Sec. 3318.363. (A) This section applies only to a school	1662
district participating in the school building assistance expedited	1663
local partnership program under section 3318.36 of the Revised	1664
Code.	1665

(B) If there is a decrease in the tax valuation of a school	1666
district to which this section applies by ten per cent or greater	1667
from one tax year to the next due to a decrease in the assessment	1668
rate of the taxable property of an electric company that owns	1669
property in the district, as provided for in section 5727.111 of	1670
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	1671
General Assembly, the Ohio school facilities commission shall	1672
calculate or recalculate the state and school district portions of	1673
the basic project cost of the school district's project by	1674
determining the percentile rank in which the district would be	1675
located if such ranking were made using the current year adjusted	1676
valuation per pupil, as calculated and reported to the commission	1677
by the department of education under division (A) of section	1678
3318.011 of the Revised Code,adjusted valuation per pupil	1679
calculated under division (C) of this section rather than the	1680
three-year average adjusted valuation per pupil, calculated under	1681
division (B) of that section 3318.011 of the Revised Code. For	1682
such district, the required percentage of the basic project cost	1683
used to determine the state and school district shares of that	1684
cost under division (C) of section 3318.36 of the Revised Code	1685
shall be based on the percentile rank as calculated under this	1686
section rather than as otherwise provided in division (C)(1) of	1687
section 3318.36 of the Revised Code. If the commission has	1688
determined the state and school district portion of the basic	1689
project cost of such a district's project under section 3318.36 of	1690
the Revised Code prior to that decrease in tax valuation, the	1691
commission shall adjust the state and school district shares of	1692
the basic project cost of such project in accordance with this	1693
section.	1694

(C)(1) As used in divisions (C) and (D) of this section,	1695
"total taxable value," "formula ADM," and "income factor" have the	1696
same meanings as in section 3317.02 of the Revised Code.	1697

(2) The adjusted valuation per pupil for a school district	1698
to which this section applies shall be calculated using the	1699
following formula:	1700

(The district's total taxable value for the second preceding	1701
tax year / the district's formula ADM for the previous fiscal	1702
year) - [$30,000 x (1 - the district's income factor)].	1703

(D) At the request of the Ohio school facilities commission,	1704
the department of education shall report a district's total	1705
taxable value for the second preceding tax year for any district	1706
to which this section applies as that information has been	1707
certified to the department by the tax commissioner pursuant to	1708
section 3317.021 of the Revised Code.	1709

Sec. 3318.38.  (A) As used in this section, "big-eight	1710
school district" has the same meaning as in section 3314.02 of the	1711
Revised Code.	1712

(B) There is hereby established the accelerated urban school	1713
building assistance program. Under the program, notwithstanding	1714
section 3318.02 of the Revised Code, any big-eight school district	1715
that has not been approved to receive assistance under sections	1716
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	1717
beginning on that date apply for approval of and be approved for	1718
such assistance. Except as otherwise provided in this section,	1719
any project approved and undertaken pursuant to this section shall	1720
comply with all provisions of sections 3318.01 to 3318.20 of the	1721
Revised Code.	1722

The Ohio school facilities commission shall provide	1723
assistance to any big-eight school district eligible for	1724
assistance under this section in the following manner:	1725

(1) Notwithstanding section 3318.02 of the Revised Code:

1726

(a) Not later than June 30, 2002, the commission shall	1727
conduct an on-site visit and shall assess the classroom facilities	1728
needs of each big-eight school district eligible for assistance	1729
under this section;	1730

(b) Beginning July 1, 2002, any big-eight school district	1731
eligible for assistance under this section may apply to the	1732
commission for conditional approval of its project as determined	1733
by the assessment conducted under division (B)(1)(a) of this	1734
section. The commission may conditionally approve that project	1735
and submit it to the controlling board for approval pursuant to	1736
section 3318.04 of the Revised Code.	1737

(2) If the controlling board approves the project of a	1738
big-eight school district eligible for assistance under this	1739
section, the commission and the school district shall enter into	1740
an agreement as prescribed in section 3318.08 of the Revised Code.	1741
Any agreement executed pursuant to this division shall include any	1742
applicable segmentation provisions as approved by the commission	1743
under division (B)(3) of this section.	1744

(3) Notwithstanding any provision to the contrary in	1745
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	1746
big-eight school district eligible for assistance under this	1747
section may with the approval of the commission opt to divide the	1748
project as approved under division (B)(1)(b) of this section into	1749
discrete segments to be completed sequentially. Any project	1750
divided into segments shall comply with all other provisions of	1751
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	1752
as otherwise specified in this division.	1753

If a project is divided into segments under this division:

1754

(a) The school district need raise only the amount equal to	1755
its proportionate share, as determined under section 3318.032 of	1756
the Revised Code, of each segment at any one time and may seek	1757
voter approval of each segment separately;	1758

(b) The state's proportionate share, as determined under	1759
section 3318.032 of the Revised Code, of only the segment which	1760
has been approved by the school district electors or for which the	1761
district has applied a local donated contribution under section	1762
3318.084 of the Revised Code shall be encumbered at any one time	1763
in accordance with section 3318.11 of the Revised Code.	1764
Encumbrance of additional amounts to cover the state's	1765
proportionate share of later segments shall be approved separately	1766
as they are approved by the school district electors or as the	1767
district applies a local donated contribution to the segments	1768
under section 3318.084 of the Revised Code. If the state's share	1769
of any one segment exceeds twenty-five million dollars,	1770
encumbrance of that share is subject to the provisions of section	1771
3318.11 of the Revised Code.	1772

(c) If it is necessary to levy the additional tax for	1773
maintenance under division (B) of section 3318.05 of the Revised	1774
Code with respect to any segment of the project, the district may	1775
utilize the provisions of section 3318.061 of the Revised Code to	1776
ensure that the maintenance tax extends for twenty-three years	1777
after the last segment of the project is undertaken.	1778

(4) For any project under this section, the state funds	1779
reserved and encumbered and the funds provided by the school	1780
district to pay the basic project cost of any segment of the	1781
project, or of the entire project if it is not divided into	1782
segments, shall be spent on the construction and acquisition of	1783
the project simultaneously in proportion to the state's and the	1784
school district's respective shares of that basic project cost as	1785
determined under section 3318.032 of the Revised Code.	1786

Sec. 3345.05. (A) All registration fees, nonresident tuition	1787
fees, academic fees for the support of off-campus instruction,	1788
laboratory and course fees when so assessed and collected, student	1789
health fees for the support of a student health service, all other	1790
fees, deposits, charges, receipts, and income from all or part of	1791
the students, all subsidy or other payments from state	1792
appropriations, and all other fees, deposits, charges, receipts,	1793
and income received by each state-supported university and	1794
college, the Ohio state university hospitals and their ancillary	1795
facilities, the Ohio agricultural research and development center,	1796
and the Ohio state university cooperative extension service shall	1797
be held and administered by the respective boards of trustees of	1798
the state-supported universities and colleges; provided, that such	1799
fees, deposits, charges, receipts, and income, to the extent	1800
required by resolutions, trust agreements, indentures, leases, and	1801
agreements adopted, made, or entered into under Chapter 154. or	1802
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	1803
held, administered, transferred, and applied in accordance	1804
therewith.	1805

(B) The Ohio board of regents shall require annual reporting	1806
by the Ohio agricultural research and development center and by	1807
each university and college receiving state aid in such form and	1808
detail as determined by the board in consultation with such	1809
center, universities and colleges, and the director of budget and	1810
management.	1811

(C) Notwithstanding any provision of the Revised Code to the	1812
contrary, the title to investments made by the board of trustees	1813
of a state-supported university or college with revenues described	1814
in division (A) of this section, which do not include revenues	1815
originating from state appropriations, shall not be vested in the	1816
state but shall be held in trust by the board. Such investments	1817
shall be made pursuant to an investment policy adopted by the	1818
board in public session that requires all fiduciaries to discharge	1819
their duties with the care, skill, prudence, and diligence under	1820
the circumstances then prevailing that a prudent person acting in	1821
like capacity and familiar with such matters would use in the	1822
conduct of an enterprise of a like character and with like aims.	1823
The policy also shall require at least the following:	1824

(1) For the purpose of protecting the original investment,	1825
the establishment and maintenance of a reserve consisting of funds	1826
not originating from state funds or of accumulated gains or of	1827
both in an amount equal to at least twenty-five per cent of the	1828
value of the original investment;	1829

(2) A stipulation that investment be made only in publicly	1830
traded securities;	1831

(3) The establishment of an investment committee.

1832

(D) The investment committee established under division	1833
(C)(3) of this section shall meet at least quarterly. The	1834
committee shall review and recommend revisions to the board's	1835
investment policy and shall advise the board on its investments	1836
made under division (C) of this section in an effort to ensure the	1837
best and safest return on deposits and investments. The committee	1838
shall be authorized to retain the services of an investment	1839
advisor who meets both of the following qualifications:	1840

(1) The advisor is either:

1841

(a) Licensed by the division of securities under section	1842
1707.141 of the Revised Code;	1843

(b) Registered with the securities and exchange commission.

1844

(2) The advisor either:

1845

(a) Has experience in the management of investments of	1846
public funds, especially in the investment of state-government	1847
investment portfolios;	1848

(b) Is an eligible institution referenced in section 135.03	1849
of the Revised Code.	1850

Section 2. That existing sections 105.41, 151.01, 151.09,	1851
151.40, 3318.03, 3318.04, 3318.06, 3318.061, 3318.08, 3318.084,	1852
3318.11, 3318.362, 3318.363, 3318.38, and 3345.05 of the Revised	1853
Code are hereby repealed.	1854

Section 3.  All items set forth in Sections 3.01 to 3.04 of	1855
this act are hereby appropriated out of any moneys in the General	1856
Revenue Fund (GRF) that are not otherwise appropriated.	1857

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

1858

Reappropriations

RURAL AREAS HISTORICAL PROJECTS

1865

From the foregoing appropriation item CAP-785, Rural Areas	1866
Historical Projects, $50,000 shall be for the Osnaburg Historical	1867
Society-Werner Inn renovations; and $10,000 for the Historic	1868
Hopewell Church.	1869

RURAL AREAS COMMUNITY IMPROVEMENTS

1870

From the foregoing appropriation item CAP-786, Rural Areas	1871
Community Improvements, grants shall be made for the following	1872
projects: $20,000 for the Smith Field Memorial Foundation;	1873
$100,000 for the Gallia County Industrial Park; $75,000 for the	1874
People Working Cooperatively Facility Improvements; $200,000 for	1875
the Champaign YMCA; $50,000 for the Clermont County Courthouse;	1876
$50,000 for the Clermont County Visitor Information Center;	1877
$75,000 for the Bellepoint Bridge Reconstruction; $150,000 for the	1878
Fairport Community Center; $100,000 for the Mentor Fire & Police	1879
Headquarters Relocation; $65,000 for the Perry Township Industrial	1880
Park Land Acquisition; $20,000 for the Red Mill Creek Water	1881
Retention Basin; $25,000 for the Lawrence County Water Projects;	1882
$350,000 for the Cave Lake Center for Community Leadership;	1883
$300,000 for County Jail Improvements - Sandusky County; $50,000	1884
for the Southern Ohio Port Authority; $45,000 for the Bradner	1885
Historic Building; $22,500 for the Clermont County Animal Shelter;	1886
$225,000 for the Sherwood-Davidson House - Licking County; and	1887
$225,000 for the Jerome Buckingham House - Licking County; and	1888
$50,000 for the Utica Historical Society.	1889

THE AMOUNT REAPPROPRIATED FOR RURAL AREAS COMMUNITY	1890
IMPROVEMENTS	1891

The amount reappropriated for the foregoing appropriation	1892
item CAP-786, Rural Areas Community Improvements, is $100,080 plus	1893
the unencumbered and unallotted balance as of June 30, 2002, in	1894
appropriation item CAP-786, Rural Areas Community Improvements.	1895

URBAN AREAS COMMUNITY IMPROVEMENTS

1896

From the foregoing appropriation item CAP-817, Urban Areas	1897
Community Improvements, grants shall be made for the following	1898
projects: $100,000 for the Maumee Youth Center; $25,000 for the	1899
Columbus Civic Arena Development Planning; $50,000 for the Brown	1900
Senior Center Renovations; $100,000 for the Hanna Fountain	1901
Renovations - Cleveland; $100,000 for Project AHEAD Facility	1902
Improvements; $75,000 for the J Frank-Troy Senior Citizens Center;	1903
$50,000 for the League Park Tourist Museum; $200,000 for the North	1904
Royalton Recreation Center; $1,900,000 for the Columbus Downtown	1905
Initiatives Plan; $150,000 for Clintonville Improvements; $35,000	1906
for the Grove City YMCA; $15,000 for the Victorian Village	1907
Society; $50,000 for the Beech Acres Family Center; $25,000 for	1908
the Health Education Center; $500,000 for the Convention Center	1909
Expansion Center; $1,000,000 for the Lincoln Heights Health Center	1910
Improvements; $100,000 for the Canton Jewish Women's Center;	1911
$450,000 for the Gateway Social Services Building; $85,000 for the	1912
Akron Jewish Community Center Renovations; $50,000 for the Loew	1913
Field Improvements; $20,000 for the Harvard Community Services	1914
Center Renovation & Expansion; $20,000 for the Collinwood	1915
Community Service Center Repair & Renovation; and $80,000 for	1916
Bowman Park - City of Toledo.	1917

THE AMOUNT APPROPRIATED FOR URBAN AREAS COMMUNITY	1918
IMPROVEMENTS	1919

The amount reappropriated for the foregoing appropriation	1920
item CAP-817, Urban Areas Community Improvements, is the	1921
unencumbered and unallotted balance as of June 30, 2002, in	1922
appropriation item CAP-817, Urban Areas Community Improvements,	1923
less $332,000.	1924

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

1925

COOPER STADIUM RELOCATION FEASIBILITY STUDY

1929

Notwithstanding division (F) of section 3383.07 of the	1930
Revised Code, all or a portion of the foregoing appropriation item	1931
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	1932
expended for the cost of preparing a financial and development	1933
plan or feasibility study, renovation, and purchasing engineering	1934
and architectural services, designs, plans, specifications,	1935
surveys, and estimates of costs for Cooper Stadium. Any amount	1936
expended for that purpose from the appropriation shall count	1937
toward the maximum 15 per cent of the construction cost of the	1938
sports facility to be paid from state funds.	1939

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

1940

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

1944

Section 3.05.  No expenditures shall be made from any of the	1959
items appropriated from the General Revenue Fund in Sections 3.01	1960
to 3.04 of this act until the funds are released by the	1961
Controlling Board.	1962

Section 4.  All items set forth in this section are hereby	1963
appropriated out of any moneys in the state treasury to the credit	1964
of the Wildlife Fund (Fund 015) that are not otherwise	1965
appropriated.	1966

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

1967

LAND ACQUISITION

1989

The amount reappropriated for the foregoing appropriation	1990
item CAP-012, Land Acquisition, is the unencumbered and	1991
unallotted balance as of June 30, 2002, in appropriation item	1992
CAP-012, Land Acquisition, less $158,125.	1993

ACCESS DEVELOPMENT

1994

The amount reappropriated for the foregoing appropriation	1995
item CAP-387, Access Development, is the unencumbered and	1996
unallotted balance as of June 30, 2002, in appropriation item	1997
CAP-387, Access Development, plus $1,519,533.	1998

UPGRADE UNDERGROUND FUEL TANKS

1999

The amount reappropriated for the foregoing appropriation	2000
item CAP-702, Upgrade Underground Fuel Tanks, is the unencumbered	2001
and unallotted balance as of June 30, 2002, in appropriation item	2002
CAP-702, Upgrade Underground Fuel Tanks, less $112,271.	2003

CAP ABANDONED WATER WELLS

2004

The amount reappropriated for the foregoing appropriation	2005
item CAP-703, Cap Abandoned Water Wells, is the unencumbered and	2006
unallotted balance as of June 30, 2002, in appropriation item	2007
CAP-703, Cap Abandoned Water Wells, less $14,057.	2008

WILDLIFE AREA BUILDING DEVELOPMENT/RENOVATIONS

2009

The amount reappropriated for the foregoing appropriation	2010
item CAP-852, Wildlife Area Building Development/Renovations, is	2011
the unencumbered and unallotted balance as of June 30, 2002, in	2012
appropriation item CAP-852, Wildlife Area Building	2013
Development/Renovations, less $1,505,949.	2014

DAM REHABILITATION

2015

The amount reappropriated for the foregoing appropriation	2016
item CAP-881, Dam Rehabilitation, is the unencumbered and	2017
unallotted balance as of June 30, 2002, in appropriation item	2018
CAP-881, Dam Rehabilitation, less $1,829,541.	2019

BOUNDARY PROTECTION

2020

The amount reappropriated for the foregoing appropriation	2021
item CAP-995, Boundary Protection, is $50,000.	2022

Section 5.  The items set forth in this section are hereby	2023
appropriated out of any moneys in the state treasury to the credit	2024
of the Public School Building Fund (Fund 021) that are not	2025
otherwise appropriated.	2026

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

2027

THE AMOUNT REAPPROPRIATED FOR PUBLIC SCHOOL BUILDINGS

2035

The amount reappropriated for the foregoing appropriation	2036
item CAP-622, Public School Buildings, is the sum of the	2037
unencumbered and unallotted balances as of June 30, 2002, in	2038
appropriation items CAP-622, Public School Buildings, and CAP-781,	2039
Big Eight Renovation Program.	2040

DISABILITY ACCESS PROJECTS

2041

The amount reappropriated for appropriation item CAP-777,	2042
Disability Access Projects, shall be used to fund capital projects	2043
pursuant to this section that make buildings more accessible to	2044
students with disabilities.	2045

(A) As used in this section:

2046

(1) "Percentile" means the percentile in which a school	2047
district is ranked according to the fiscal year 1998 ranking of	2048
school districts with regard to income and property wealth under	2049
division (B) of section 3318.011 of the Revised Code.	2050

(2) "School district" means a city, local, or exempted	2051
village school district, but excludes a school district that is	2052
one of the state's twenty-one urban school districts as defined in	2053
division (O) of section 3317.02 of the Revised Code as that	2054
section existed prior to July 1, 1998.	2055

(3) "Valuation per pupil" means a district's total taxable	2056
value as defined in section 3317.02 of the Revised Code divided by	2057
the district's ADM as defined in division (A) of section 3317.02	2058
of the Revised Code as that section existed prior to July 1, 1998.	2059

(B) The School Facilities Commission shall adopt rules for	2060
awarding grants to school districts with a valuation per pupil	2061
less than $200,000, to be used for construction, reconstruction,	2062
or renovation projects in classroom facilities, the purpose of	2063
which is to improve access to such facilities by physically	2064
handicapped persons. The rules shall include application	2065
procedures. No school district shall be awarded a grant under	2066
this section in excess of $100,000. In addition, any school	2067
district shall be required to pay a percentage of the cost of the	2068
project for which the grant is being awarded equal to the	2069
percentile in which the district is so ranked.	2070

Section 5.01. BIG EIGHT SCHOOL DISTRICTS

2071

(A) The amounts reappropriated for appropriation item	2072
CAP-781, Big Eight Renovation Program, shall be used by the School	2073
Facilities Commission to provide funds to the big eight school	2074
districts as defined in section 3314.02 of the Revised Code to be	2075
used for major renovations and repairs of school facilities. Big	2076
eight school districts that levy at least 2.5 voted mills for	2077
permanent improvements shall also be eligible to expend funding	2078
from this program for additions to existing facilities. However,	2079
any big eight school district that does so shall receive no	2080
financial assistance from the School Facilities Commission for the	2081
purpose of replacing that facility for a period of at least twenty	2082
years. These appropriations shall be allocated to the big eight	2083
school districts on a per-pupil basis, based on fiscal year 1999	2084
average daily membership as defined in section 3317.03 of the	2085
Revised Code. School districts that receive conditional approval	2086
by the Controlling Board, pursuant to section 3318.04 of the	2087
Revised Code, to participate in the Accelerated Urban School	2088
Building Program shall no longer be eligible to receive funding	2089
from the Big Eight Renovation Program, except for appropriations	2090
already encumbered at the time the conditional approval is	2091
granted. To be eligible to receive appropriations from the Big	2092
Eight Renovation Program, each school district shall:	2093

(1) Provide a 100 per cent match from funds that are	2094
approved by the School Facilities Commission; and	2095

(2) Develop and submit a capital renovations plan for the	2096
use of the state and local funds, subject to approval by the	2097
School Facilities Commission.	2098

(B) The Executive Director of the School Facilities	2099
Commission may from time to time request the Director of Budget	2100
and Management to transfer any unencumbered and unallotted	2101
balances in appropriation item CAP-781, Big Eight Renovation	2102
Program, to appropriation item CAP-622, Public School Buildings.	2103
Any amounts transferred are hereby appropriated.	2104

Section 6. The items set forth in this section are hereby	2105
appropriated out of any moneys in the state treasury to the credit	2106
of the Highway Safety Fund (Fund 036) that are not otherwise	2107
appropriated.	2108

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

2109

Section 7.  All items set forth in this section are hereby	2122
appropriated out of any moneys in the state treasury to the credit	2123
of the Waterways Safety Fund (Fund 086) that are not otherwise	2124
appropriated.	2125

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

2126

Section 8.  All items set forth in this section are hereby	2135
appropriated out of any moneys in the state treasury to the credit	2136
of the Underground Parking Garage Operating Fund (Fund 208) that	2137
are not otherwise appropriated.	2138

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

2139

Section 9.  All items set forth in this section are hereby	2148
appropriated out of any moneys in the state treasury to the credit	2149
of the Nursing Home - Federal Fund (Fund 319) that are not	2150
otherwise appropriated.	2151

Reappropriations

OVH OHIO VETERANS' HOME

2152

Section 10.  All items set forth in this section are hereby	2157
appropriated out of any moneys in the state treasury to the credit	2158
of the Capital Donations Fund (Fund 5A1) that are not otherwise	2159
appropriated.	2160

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

2161

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

2164

The Executive Director of the Arts and Sports Facilities	2165
Commission shall certify to the Director of Budget and Management	2166
the amount of cash receipts and related investment income,	2167
irrevocable letters of credit from a bank, or certification of the	2168
availability of funds that have been received from a county or a	2169
city for deposit to the Capital Donations Fund and are related to	2170
an anticipated project. These amounts are hereby appropriated to	2171
appropriation item CAP-702, Capital Donations. Prior to certifying	2172
these amounts to the Director, the Executive Director shall make a	2173
written agreement with the participating entity on the necessary	2174
cash flows required for the anticipated construction or equipment	2175
acquisition project.	2176

Section 11.  The items set forth in this section are hereby	2177
appropriated out of any moneys in the state treasury to the credit	2178
of the Veterans' Home Improvement Fund (Fund 604) that are not	2179
otherwise appropriated.	2180

Reappropriations

OVH OHIO VETERANS' HOME

2181

Section 12. All items set forth in this section are hereby	2191
appropriated out of any moneys in the state treasury to the credit	2192
of the Education Facilities Trust Fund (Fund N87) that are not	2193
otherwise appropriated.	2194

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

2195

Section 13. All items set forth in this section are hereby	2201
appropriated out of any moneys in the state treasury to the credit	2202
of the Clean Ohio Revitalization Fund (Fund 003) and derived from	2203
the proceeds of obligations heretofore authorized to pay the costs	2204
of the following categories of capital improvements:	2205

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

2206

Section 14. All items set forth in this section are hereby	2212
appropriated out of any moneys in the state treasury to the credit	2213
of the Sports Facilities Building Fund (Fund 024) and derived from	2214
the proceeds of obligations heretofore authorized to pay the costs	2215
of the following capital improvements:	2216

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

2217

Section 15.  All items set forth in this section are hereby	2223
appropriated out of any moneys in the state treasury to the credit	2224
of the Highway Safety Building Fund (Fund 025) and derived from	2225
the proceeds and obligations heretofore authorized to pay the	2226
costs of the following capital improvements:	2227

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

2228

PUBLIC SAFETY OFFICE BUILDING

2237

The amount reappropriated for the foregoing appropriation	2238
item CAP-047, Public Safety Office Building, shall be the	2239
unencumbered and unallotted balance as of June 30, 2000, in	2240
appropriation item CAP-047, Public Safety Office Building, minus	2241
$897,691.	2242

INVESTIGATIVE UNIT MARCS EQUIPMENT

2243

The amount reappropriated for the foregoing appropriation	2244
item CAP-076, Investigative Unit MARCS Equipment, shall be	2245
$897,691.	2246

Section 16.  All items set forth in Sections 16.01 to 16.15	2247
are hereby appropriated out of any moneys in the state treasury to	2248
the credit of the Administrative Building Fund (Fund 026) and	2249
derived from the proceeds of obligations heretofore authorized to	2250
pay the costs of capital facilities, as defined in section 152.09	2251
of the Revised Code, for the following capital improvements:	2252

Reappropriations

Section 16.01.  ADJ ADJUTANT GENERAL

2253

NEW ARMORY CONSTRUCTION

2272

The foregoing appropriation item CAP-059, Construct Bowling	2273
Green Armory, shall be used to fund the state's share of the cost	2274
of building a basic armory in the Bowling Green area, including	2275
the cost of site acquisition, site preparation, and planning and	2276
design. Appropriations shall not be released for this item	2277
without a certification by the Adjutant General to the Director of	2278
Budget and Management that sufficient moneys have been allocated	2279
for the federal share of the cost of construction.	2280

Reappropriations

Section 16.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

2281

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

2303

The foregoing appropriation item CAP-809, Hazardous Substance	2304
Abatement, shall be used to fund the removal of asbestos, PCB,	2305
radon gas, and other contamination hazards from state facilities.	2306

Prior to the release of funds for asbestos abatement, the	2307
Department of Administrative Services shall review proposals from	2308
state agencies to use these funds for asbestos abatement projects	2309
based on criteria developed by the Department of Administrative	2310
Services. Upon a determination by the Department of	2311
Administrative Services that the requesting agency cannot fund the	2312
asbestos abatement project or other toxic materials removal	2313
through existing capital and operating appropriations, the	2314
department may request the release of funds for such projects by	2315
the Controlling Board. State agencies intending to fund asbestos	2316
abatement or other toxic materials removal through existing	2317
capital and operating appropriations shall notify the Director of	2318
Administrative Services of the nature and scope prior to	2319
commencing the project.	2320

Only agencies that have received appropriations for capital	2321
projects from the Administrative Building Fund (Fund 026) are	2322
eligible to receive funding from this item. Public school	2323
districts are not eligible.	2324

OFFICE SERVICES BUILDING RENOVATION

2325

The amount reappropriated for the foregoing appropriation	2326
item CAP-826, Office Services Building Renovation, is the sum of	2327
the unencumbered and unallotted balances as of June 30, 2002, in	2328
Fund 026 appropriation items CAP-812, Old School for the Blind	2329
Renovation; CAP-814, Old School for the Blind Planning; CAP-824,	2330
State Real Estate Inventory System; CAP-826, Office Services	2331
Building Renovation; CAP-858, Lausche Building Improvements	2332
Planning; and CAP-861, Facilities Master Plan State Schools for	2333
the Blind and Deaf.	2334

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

2335

The foregoing appropriation item CAP-822, Americans with	2336
Disabilities Act, shall be used to renovate state-owned facilities	2337
to provide access for physically disabled persons in accordance	2338
with Title II of the Americans with Disabilities Act.	2339

Prior to the release of funds for renovation, state agencies	2340
shall perform self-evaluations of state-owned facilities	2341
identifying barriers to access to service. State agencies shall	2342
prioritize access barriers and develop a transition plan for the	2343
removal of these barriers. The Department of Administrative	2344
Services shall review proposals from state agencies to use these	2345
funds for Americans with Disabilities Act renovations.	2346

Only agencies that have received appropriations for capital	2347
projects from Administrative Building Fund (Fund 026) are eligible	2348
to receive funding from this item. Public school districts are	2349
not eligible.	2350

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

2351

There is hereby continued a Multi-Agency Radio Communications	2352
System (MARCS) Steering Committee consisting of the designees of	2353
the Directors of Administrative Services, Public Safety, Natural	2354
Resources, Transportation, Rehabilitation and Correction, and	2355
Budget and Management. The Director of Administrative Services or	2356
the director's designee shall chair the committee. The committee	2357
shall provide assistance to the Director of Administrative	2358
Services for effective and efficient implementation of the MARCS	2359
system as well as develop policies for the ongoing management of	2360
the system. Upon dates prescribed by the Directors of	2361
Administrative Services and Budget and Management, the MARCS	2362
Steering Committee shall report to the directors on the progress	2363
of MARCS implementation and the development of policies related to	2364
the system.	2365

The foregoing appropriation item CAP-827, Statewide	2366
Communications System, shall be used to purchase or construct the	2367
components of MARCS that are not specific to any one agency. The	2368
equipment may include, but is not limited to, multi-agency	2369
equipment at the Emergency Operations Center/Joint Dispatch	2370
Facility, computer and telecommunication equipment used for the	2371
functioning and integration of the system, communications towers,	2372
tower sites, tower equipment, and linkages among towers and	2373
between towers and the State of Ohio Network for Integrated	2374
Communication (SONIC) system. The Director of Administrative	2375
Services shall, with the concurrence of the MARCS Steering	2376
Committee, determine the specific use of funds.	2377

Spending from this appropriation item shall not be subject to	2378
Chapters 123. and 153. of the Revised Code.	2379

ENERGY CONSERVATION PROJECTS

2380

The foregoing appropriation item CAP-835, Energy Conservation	2381
Projects, shall be used to perform energy conservation	2382
renovations, including the United States Environmental Protection	2383
Agency's Energy Star Program, in state-owned facilities. Prior to	2384
the release of funds for renovation, state agencies shall have	2385
performed a comprehensive energy audit for each project. The	2386
Department of Administrative Services shall review and approve	2387
proposals from state agencies to use these funds for energy	2388
conservation. Public school districts and state-supported and	2389
state-assisted institutions of higher education are not eligible	2390
for funding from this item.	2391

MAJOR COMPUTER PURCHASES

2392

The amount reappropriated for the foregoing appropriation	2393
item CAP-837, Major Computer Purchases, is $2,660,065 plus the sum	2394
of the unencumbered and unallotted balances as of June 30, 2002,	2395
in Fund 026 appropriation item CAP-837, Major Computer Purchases.	2396

STRUCTURED CABLING

2397

The amount reappropriated for the foregoing appropriation	2398
item CAP-860, Structured Cabling, is the sum of the unencumbered	2399
and unallotted balances as of June 30, 2002, in Fund 026	2400
appropriation item CAP-860, Structured Cabling, less $2,660,065.	2401

Reappropriations

Section 16.03.  AGE DEPARTMENT OF AGING

2402

Reappropriations

Section 16.04.  AGR DEPARTMENT OF AGRICULTURE

2406

Reappropriations

Section 16.05.  AGO ATTORNEY GENERAL

2416

Reappropriations

Section 16.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

2422

STATEHOUSE SECURITY IMPROVEMENTS

2426

The amount reappropriated for the foregoing appropriation	2427
item CAP-011, Statehouse Security Improvements, shall be the	2428
unencumbered and unallotted balance as of June 30, 2002, in	2429
CAP-011, Statehouse Security Improvements, less $1,050,000.	2430

Reappropriations

Section 16.07.  COM DEPARTMENT OF COMMERCE

2431

Reappropriations

Section 16.08.  EXP EXPOSITIONS COMMISSION

2437

Reappropriations

Section 16.09.  JSC JUDICIARY/SUPREME COURT

2454

EXEMPT FROM PER CENT FOR ARTS PROGRAM

2457

The foregoing appropriation item CAP-001, Ohio Courts	2458
Building Renovations, is exempt from section 3379.10 of the	2459
Revised Code, the Per Cent for Arts Program.	2460

Reappropriations

Section 16.10. LIB STATE LIBRARY

2461

Reappropriations

Section 16.11.  DNR DEPARTMENT OF NATURAL RESOURCES

2465

Reappropriations

Section 16.12.  DHS DEPARTMENT OF PUBLIC SAFETY

2475

CONSTRUCT EMA/EOC AND OFFICE BUILDING

2481

The amount reappropriated for the foregoing appropriation	2482
item CAP-053, Construct EMA/EOC and Office Building, is $6,605.	2483

Reappropriations

Section 16.13.  OSB SCHOOL FOR THE BLIND

2484

Reappropriations

Section 16.14. OSD SCHOOL FOR THE DEAF

2496

ROOF RENOVATIONS

2501

The amount reappropriated for the foregoing appropriation	2502
item CAP-767, Roof Renovations, is the sum of the unencumbered and	2503
unallotted balances as of June 30, 2002, in appropriation items	2504
CAP-766, Construct Security Building at Entrance; CAP-767, Roof	2505
Renovations; and CAP-768, Dorm Furniture Replacement.	2506

Reappropriations

Section 16.15.  OVH OHIO VETERANS' HOME

2507

Section 17.  All items set forth in this section are hereby	2512
appropriated out of any moneys in the state treasury to the credit	2513
of the Adult Correctional Building Fund (Fund 027) and derived	2514
from the proceeds of obligations heretofore authorized to pay	2515
costs of capital facilities as defined in section 152.09 of the	2516
Revised Code for the Department of Rehabilitation and Correction.	2517

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

2518

STATEWIDE AND CENTRAL OFFICE PROJECTS

2519

BELMONT CORRECTIONAL INSTITUTION

2555

CHILLICOTHE CORRECTIONAL INSTITUTION

2559

CORRECTIONAL RECEPTION CENTER

2575

CORRECTIONS TRAINING ACADEMY

2578

DAYTON CORRECTIONAL INSTITUTION

2584

GRAFTON CORRECTIONAL INSTITUTION

2588

HOCKING CORRECTIONAL INSTITUTION

2591

LEBANON CORRECTIONAL INSTITUTION

2597

LIMA CORRECTIONAL INSTITUTION

2606

LONDON CORRECTIONAL INSTITUTION

2619

MADISON CORRECTIONAL INSTITUTION

2627

MANSFIELD CORRECTIONAL INSTITUTION

2634

MARION CORRECTIONAL INSTITUTION

2639

NORTHEAST PRE-RELEASE CENTER

2650

OAKWOOD CORRECTIONAL FACILITY

2653

OHIO REFORMATORY FOR WOMEN

2658

ORIENT CORRECTIONAL INSTITUTION

2676

PICKAWAY CORRECTIONAL INSTITUTION

2691

RICHLAND CORRECTIONAL INSTITUTION

2705

ROSS CORRECTIONAL INSTITUTION

2709

SOUTHEASTERN CORRECTIONAL INSTITUTION

2713

SOUTHERN OHIO CORRECTIONAL FACILITY

2725

TRUMBULL CORRECTIONAL INSTITUTION

2733

WARREN CORRECTIONAL INSTITUTION

2737

Section 17.01. LOCAL JAILS

2744

From the foregoing appropriation item, CAP-002, Local Jails,	2745
the Department of Rehabilitation and Correction shall designate	2746
the projects involving the construction and renovation of county,	2747
multicounty, municipal-county, and multicounty-municipal jail	2748
facilities and workhouses, including correctional centers	2749
authorized under sections 153.61 and 307.93 of the Revised Code,	2750
for which the Ohio Building Authority is authorized to issue	2751
obligations. Notwithstanding any provisions to the contrary in	2752
Chapter 152. or 153. of the Revised Code, the Department of	2753
Rehabilitation and Correction may coordinate, review, and monitor	2754
the drawdown and use of funds for the renovation or construction	2755
of projects for which designated funds are provided.	2756

The funding authorized under this section shall not be	2757
applied to any such facilities that are not designated by the	2758
Department of Rehabilitation and Correction. The amount of	2759
funding authorized under this section that may be applied to a	2760
project designated for initial funding after July 1,	2761
2000,involving the construction or renovation of a county,	2762
multicounty, municipal-county, and multicounty-municipal jail	2763
facilities and workhouses, including correctional centers	2764
authorized under sections 153.61 and 307.93 of the Revised Code,	2765
shall not exceed $35,000 per bed of the total allowable cost of	2766
the project in the case of construction of county and	2767
municipal-county jail facilities, workhouses, and correctional	2768
centers, or multicounty or multicounty-municipal jail facilities,	2769
workhouses, and correctional centers and shall not exceed 30 per	2770
cent of the total allowable cost of the project in the case of	2771
renovation of county, multicounty, municipal-county, and	2772
multicounty-municipal jail facilities, workhouses, and	2773
correctional centers. If a political subdivision is in the	2774
planning phase of constructing a multicounty or	2775
multicounty-municipal jail facility, workhouse, or correctional	2776
center on or before the effective date of this section, the	2777
Department of Rehabilitation and Correction shall fund that	2778
facility at $42,000 per bed. Multicounty or multicounty-municipal	2779
jail facility construction projects initiated after the effective	2780
date of this section may be considered for, but are not entitled	2781
to be awarded, funding at $42,000 per bed. The higher per bed	2782
award is at the discretion of the Department of Rehabilitation and	2783
Correction and is contingent upon available funds, the impact of	2784
the project, and inclusion of at least three counties in the	2785
project.	2786

The cost-per-bed funding authorized under this section that	2787
may be applied to a construction project shall not exceed the	2788
actual cost-per-bed of the project. The 30 per cent funding	2789
authorized under this section that may be applied to a renovation	2790
project shall not exceed $35,000 per bed of the total allowable	2791
cost of the project.	2792

The funding authorized under this section shall not be	2793
applied to any project involving the construction of a county,	2794
multicounty, municipal-county, or multicounty-municipal jail	2795
facility or workhouse, including a correctional center established	2796
under sections 153.61 and 307.93 of the Revised Code, unless the	2797
facility, workhouse, or correctional center will be built in	2798
compliance with "The Minimum Standards for Jails in Ohio" and the	2799
plans have been approved under section 5120.10 of the Revised	2800
Code. In addition, the funding authorized under this section	2801
shall not be applied to any project involving the renovation of a	2802
county, multicounty, municipal-county, or multicounty-municipal	2803
jail facility or workhouse, including a correctional center	2804
established under sections 153.61 and 307.93 of the Revised	2805
Code, unless the renovation is for the purpose of bringing the	2806
facility, workhouse, or correctional center into compliance with	2807
"The Minimum Standards for Jails in Ohio" and the plans have been	2808
approved under section 5120.10 of the Revised Code.	2809

Section 17.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

2810

The Department of Rehabilitation and Correction may designate	2811
to the Ohio Building Authority the sites of, and, notwithstanding	2812
any provisions to the contrary in Chapter 152. or 153. of the	2813
Revised Code, may review the renovation or construction of the	2814
single county and district community-based correctional facilities	2815
funded by the foregoing appropriation item CAP-003,	2816
Community-Based Correctional Facilities.	2817

POWERHOUSE/UTILITY IMPROVEMENTS

2818

The amount reappropriated for the foregoing appropriation	2819
item CAP-008, Powerhouse/Utility Improvements, is the unencumbered	2820
and unallotted balance as of June 30, 2002, in appropriation item	2821
CAP-008, Powerhouse/Utility Improvements, plus $544,622.	2822

Section 17.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

2823

The foregoing appropriation item CAP-041, Community	2824
Residential Program, may be used by the Department of	2825
Rehabilitation and Correction, under sections 5120.103, 5120.104,	2826
and 5120.105 of the Revised Code, to provide for the construction	2827
or renovation of halfway house facilities for offenders eligible	2828
for community supervision by the Department of Rehabilitation and	2829
Correction.	2830

GENERAL BUILDING RENOVATIONS

2831

The amount reappropriated for the foregoing appropriation	2832
item CAP-111, General Building Renovations, is the unencumbered	2833
and unallotted balance as of June 30, 2002, in appropriation item	2834
CAP-111, General Building Renovations, plus $1,666,065.	2835

Section 18.  All items set forth in this section are hereby	2836
appropriated out of any moneys in the state treasury to the credit	2837
of the Juvenile Correctional Building Fund (Fund 028) and derived	2838
from the proceeds of obligations heretofore authorized to pay	2839
costs of capital facilities as defined in section 152.09 of the	2840
Revised Code for the Department of Youth Services.	2841

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

2842

Section 18.01.  COMMUNITY REHABILITATION CENTERS

2859

From the foregoing appropriation item CAP-812, Community	2860
Rehabilitation Centers, the Department of Youth Services shall	2861
designate the projects involving the construction and renovation	2862
of single county and multicounty community corrections facilities	2863
for which the Ohio Building Authority is authorized to issue	2864
obligations.	2865

The Department of Youth Services is authorized to review and	2866
approve the renovation and construction of projects for which	2867
funds are provided. The proceeds of any obligations authorized	2868
under this section shall not be applied to any such facilities	2869
that are not designated and approved by the Department of Youth	2870
Services.	2871

The Department of Youth Services shall adopt guidelines to	2872
accept and review applications and designate projects. The	2873
guidelines shall require the county or counties to justify the	2874
need for the facility and to comply with timelines for the	2875
submission of documentation pertaining to the site, program, and	2876
construction.	2877

For purposes of this section, "community corrections	2878
facilities" has the same meaning as in section 5139.36 of the	2879
Revised Code.	2880

Section 18.02. LOCAL JUVENILE DETENTION CENTERS

2881

From the foregoing appropriation item CAP-829, Local Juvenile	2882
Detention Centers, the Department of Youth Services shall	2883
designate the projects involving the construction and renovation	2884
of county and multicounty juvenile detention centers for which the	2885
Ohio Building Authority is authorized to issue obligations.	2886

The Department of Youth Services is authorized to review and	2887
approve the renovation and construction of projects for which	2888
funds are provided. The proceeds of any obligations authorized	2889
under this section shall not be applied to any such facilities	2890
that are not designated by the Department of Youth Services.	2891

The Department of Youth Services shall comply with the	2892
guidelines set forth in this section, accept and review	2893
applications, designate projects, and determine the amount of	2894
state match funding to be applied to each project. The department	2895
shall, with the advice of the county or counties participating in	2896
a project, determine the funded design capacity of the detention	2897
centers that are designated to receive funding. Notwithstanding	2898
any provisions to the contrary contained in Chapter 152. or 153.	2899
of the Revised Code, the Department of Youth Services may	2900
coordinate, review, and monitor the drawdown and use of funds for	2901
the renovation and construction of projects for which designated	2902
funds are provided.	2903

(A) The Department of Youth Services shall develop a	2904
weighted numerical formula to determine the amount, if any, of	2905
state match that may be provided to a single or multicounty	2906
detention center project. The formula shall include the factors	2907
specified below in division (A)(1) of this section and may include	2908
the factors specified below in division (A)(2) of this section.	2909
The weight assigned to the factors specified in division (A)(1) of	2910
this section shall be not less than twice the weight assigned to	2911
factors specified in division (A)(2) of this section.	2912

(1)(a) The number of detention center beds needed in the	2913
county or group of counties, as estimated by the Department of	2914
Youth Services, is significantly more than the number of beds	2915
currently available;	2916

(b) Any existing detention center in the county or group of	2917
counties does not meet health, safety, or security standards for	2918
detention centers as established by the Department of Youth	2919
Services;	2920

(c) The Department of Youth Services projects that the	2921
county or group of counties have a need for a sufficient number of	2922
detention beds to make the project economically viable.	2923

(2)(a) The percentage of children in the county or group of	2924
counties living below the poverty level is above the state	2925
average;	2926

(b) The per capita income in the county or group of counties	2927
is below the state average.	2928

(B) The formula developed by the Department of Youth	2929
Services shall yield a percentage of state match ranging from 0 to	2930
60 per cent based on the above factors. Notwithstanding the	2931
foregoing provisions, if a single county or multicounty system	2932
currently has no detention center beds, or if the projected need	2933
for detention center beds as estimated by the Department of Youth	2934
Services is greater than 120 per cent of current detention center	2935
bed capacity, then the percentage of state match shall be 60 per	2936
cent. To determine the dollar amount of the state match for new	2937
construction projects, the percentage of state match is multiplied	2938
by $105,000 per bed for detention centers with a designated	2939
capacity of 99 beds or less, and by $130,000 per bed for detention	2940
centers with a design capacity of 100 beds or more. To determine	2941
the dollar amount of the state match for renovation projects the	2942
percentage match shall be multiplied by the actual cost of the	2943
renovation, provided that the cost of the renovation does not	2944
exceed $80,000 per bed. The funding authorized under this section	2945
that may be applied to a construction or renovation project shall	2946
not exceed the actual cost of the project.	2947

The funding authorized under this section shall not be	2948
applied to any project unless the detention center will be built	2949
in compliance with health, safety, and security standards for	2950
detention centers as established by the Department of Youth	2951
Services. In addition, the funding authorized under this section	2952
shall not be applied to the renovation of a detention center	2953
unless the renovation is for the purpose of increasing the number	2954
of beds in the center, or to meet health, safety, or security	2955
standards for detention centers as established by the Department	2956
of Youth Services.	2957

Section 19. All items set forth in this section are hereby	2958
appropriated out of any moneys in the state treasury to the credit	2959
of the Transportation Building Fund (Fund 029) and derived from	2960
the proceeds of obligations heretofore authorized to pay costs of	2961
the following capital improvements:	2962

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

2963

Section 20. All items set forth in this section are hereby	2968
appropriated out of any moneys in the state treasury to the credit	2969
of the Arts Facilities Building Fund (Fund 030) and derived from	2970
the proceeds of obligations heretofore authorized to pay costs of	2971
the following capital improvements:	2972

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

2973

CENTER OF SCIENCE AND INDUSTRY - TOLEDO

3028

The amount reappropriated for the foregoing item CAP-003,	3029
Center of Science and Industry - Toledo, is $6,559 plus the	3030
unencumbered and unallotted balances as of June 30, 2002, in	3031
appropriation item CAP-003, Center of Science and Industry -	3032
Toledo.	3033

VALENTINE THEATRE

3034

The amount reappropriated for the foregoing appropriation	3035
item CAP-004, Valentine Theatre, is $31,828 plus the unencumbered	3036
and unallotted balances as of June 30, 2002, in appropriation item	3037
CAP-004, Valentine Theatre.	3038

CENTER OF SCIENCE AND INDUSTRY - COLUMBUS

3039

The amount reappropriated for the foregoing appropriation	3040
item CAP-005, Center of Science and Industry - Columbus, is	3041
$190,334 plus the unencumbered and unallotted balances as of June	3042
30, 2002, in appropriation item CAP-005, Center of Science and	3043
Industry - Columbus.	3044

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	3045
CONTRACTS	3046

Notwithstanding division (A) of section 3383.07 of the	3047
Revised Code, the Ohio Arts and Sports Facilities Commission, with	3048
respect to the foregoing appropriation item CAP-005, Center of	3049
Science and Industry - Columbus may administer all or part of	3050
capital facilities project contracts involving exhibit fabrication	3051
and installation as determined by the Department of Administrative	3052
Services, the Center of Science and Industry - Columbus, and the	3053
Ohio Arts and Sports Facilities Commission in review of the	3054
project plans. The Ohio Arts and Sports Facilities Commission	3055
shall enter into a contract with the Center of Science and	3056
Industry - Columbus to administer the exhibit fabrication and	3057
installation contracts and such contracts are not subject to	3058
Chapter 123. or 153. of the Revised Code.	3059

SANDUSKY STATE THEATRE IMPROVEMENTS

3060

The amount reappropriated for the foregoing appropriation	3061
item CAP-010, Sandusky State Theatre Improvements, is $2,633 plus	3062
the unencumbered and unallotted balances as of June 30, 2002, in	3063
appropriation item CAP-010, Sandusky State Theatre Improvements.	3064

STAMBAUGH HALL IMPROVEMENTS

3065

The amount reappropriated for the foregoing appropriation	3066
item CAP-013, Stambaugh Hall Improvements, is $1,477 plus the	3067
unencumbered and unallotted balances as of June 30, 2002, in	3068
appropriation item CAP-013, Stambaugh Hall Improvements.	3069

OHIO AGRICULTURAL AND INDUSTRIAL HERITAGE CENTER

3070

The amount reappropriated for the foregoing appropriation	3071
item CAP-056, Ohio Agricultural and Industrial Heritage Center, is	3072
$1,787 plus the unencumbered and unallotted balances as of June	3073
30, 2002, in appropriation item CAP-056, Ohio Agricultural and	3074
Industrial Heritage Center.	3075

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

3076

The amount reappropriated for appropriation item CAP-044,	3077
National Underground Railroad Freedom Center, is the sum of the	3078
unencumbered and unallotted balance as of June 30, 2002, in	3079
appropriation item CAP-044, National Underground Railroad Freedom	3080
Center, and CAP-029, Cincinnati Riverfront Development.	3081

Section 21.  All items set forth in this section are hereby	3082
appropriated out of any moneys in the state treasury to the credit	3083
of the Ohio Parks and Natural Resources Fund (Fund 031) and	3084
derived from the proceeds of obligations heretofore authorized to	3085
pay costs of capital facilities as defined in section 151.01 of	3086
the Revised Code for natural resource-related purposes.	3087

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

3088

STATEWIDE AND LOCAL PROJECTS

3089

DIVISION OF CIVILIAN CONSERVATION

3118

DIVISION OF FORESTRY

3124

DIVISION OF GEOLOGIC SURVEY

3133

DIVISION OF MINES AND RECLAMATION

3136

DIVISION OF NATURAL AREAS AND PRESERVES

3139

DIVISION OF WILDLIFE

3148

DIVISION OF PARKS AND RECREATION

3151

DIVISION OF SOIL AND WATER CONSERVATION

3179

DIVISION OF WATER

3183

Section 21.01. LAND ACQUISITION

3196

Of the foregoing appropriation item CAP-012, Land	3197
Acquisition, $300,000 shall be used by the City of Mentor to	3198
purchase property for the Mentor Marsh.	3199

CHIPPEWA MARINA

3200

Of the foregoing appropriation item CAP-331, Park Boating	3201
Facilities, $200,000 shall be used for the Chippewa Marina	3202
Rehabilitation at Indian Lake State Park in Logan County for dock	3203
replacement, additional docks, and seawall repairs.	3204

MIAMI AND ERIE CANAL IMPROVEMENTS

3205

Of the foregoing appropriation item CAP-705, Rehabilitate	3206
Canals, Hydraulic Works, and Support Facilities, at least	3207
$1,250,000 shall be used for Miami and Erie Canal improvements.	3208

REHABILITATE CANALS, HYDRAULIC WORKS, AND SUPPORT FACILITIES

3209

Of the foregoing reappropriation item CAP-705, Rehabilitate	3210
Canals, Hydraulic Works, and Support Facilities, $150,000 shall be	3211
used for Miami-Erie Canal Improvements in Allen County and	3212
$1,000,000 shall be used for the Ohio Canal Lock 3 Revitalization.	3213

OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT AND	3214
RENOVATION	3215

Of the foregoing reappropriation item CAP-841, Operations and	3216
Maintenance Facility Renovation and Development, $8,000 shall be	3217
used for Perry State Forest Fencing in Perry County, and $10,000	3218
shall be used for Harrison State Forest Improvements.	3219

LOCAL PARKS PROJECTS - STATEWIDE

3220

The amount reappropriated for the foregoing appropriation	3221
item CAP-748, Local Parks Projects - Statewide, is $1,302,083	3222
plus the unencumbered and unallotted balance as of June 30, 2000,	3223
in item CAP-748, Local Parks Projects - Statewide. The $1,302,083	3224
represents amounts that were previously appropriated, allocated to	3225
counties pursuant to division (D) of section 1557.06 of the	3226
Revised Code, and encumbered for local project grants. The	3227
encumberances for these local projects in the various counties	3228
shall be canceled by the Director of Natural Resources or the	3229
Director of Budget and Management. The Director of Natural	3230
Resources shall allocate the $1,302,083 to the same counties the	3231
moneys were originally allocated to, in the amount of the canceled	3232
encumbrances.	3233

COMMUNITY RECREATION PROJECTS

3234

Of the foregoing appropriation item CAP-788, Community	3235
Recreation Projects, grants shall be made for the following	3236
projects: $10,000 for Goodale Park Improvements, $20,000 for	3237
Grove City Park Improvements, $100,000 for Chagrin Falls Park,	3238
$10,000 for Holmes County Park District, $60,000 for the Leighty	3239
Lake Restoration Project, $300,000 for Firestone Park	3240
Improvements, $50,000 for Dover City Parks, $50,000 for New	3241
Philadelphia City Park, and $82,000 for Hamilton Township Park at	3242
Foster.	3243

DAM REHABILITATION

3244

Of the foregoing appropriation item CAP-881, Dam	3245
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	3246
Muskingum River Locks and Dams.	3247

Section 21.02.  For the projects appropriated in Section 21	3248
of this act, the Ohio Department of Natural Resources shall	3249
periodically prepare and submit to the Director of Budget and	3250
Management the estimated design, planning, and engineering costs	3251
of capital-related work to be done by the Department of Natural	3252
Resources for each project. Based on the estimates, the Director	3253
of Budget and Management may release appropriations from the	3254
foregoing appropriation item CAP-753, Project Planning, to pay for	3255
design, planning, and engineering costs incurred by the Department	3256
of Natural Resources for such projects. Upon release of the	3257
appropriations by the Director of Budget and Management, the	3258
Department of Natural Resources shall pay for these expenses from	3259
Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 using an	3260
intrastate voucher.	3261

Section 22.  All items set forth in this section are hereby	3262
appropriated out of any moneys in the state treasury to the credit	3263
of the School Building Program Assistance Fund (Fund 032) and	3264
derived from the proceeds of obligations heretofore authorized to	3265
pay the cost to the state of constructing classroom facilities	3266
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	3267

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

3268

THE AMOUNT REAPPROPRIATED FOR SCHOOL BUILDING PROGRAM	3275
ASSISTANCE	3276

The amount reappropriated for the foregoing appropriation	3277
item CAP-770, School Building Program Assistance, is the sum of	3278
the unencumbered and unallotted balances as of June 30, 2002, in	3279
appropriation items CAP-770, School Building Program Assistance,	3280
and CAP-775, Big Eight Capital Improvement Program.	3281

Section 22.01. BIG EIGHT SCHOOL DISTRICTS

3282

(A) The amount reappropriated for the foregoing appropriation	3283
item CAP-775, Big Eight Capital Improvement Program, shall be used	3284
by the School Facilities Commission to provide funding to the big	3285
eight school districts, as defined in section 3314.02 of the	3286
Revised Code, to be used for major renovations and repairs of	3287
school facilities. Big eight school districts that levy at least	3288
2.5 voted mills for permanent improvements also are eligible to	3289
expend funding from this program for additions to existing	3290
facilities. However, any big eight school district that does so	3291
shall receive no financial assistance from the School Facilities	3292
Commission for the purpose of replacing that facility for a period	3293
of at least twenty years. These appropriations shall be allocated	3294
to the big eight school districts on a per-pupil basis, based on	3295
fiscal year 1997 average daily membership as defined in section	3296
3317.03 of the Revised Code. School districts that receive	3297
conditional approval by the Controlling Board, pursuant to section	3298
3318.04 of the Revised Code, to participate in the Accelerated	3299
Urban School Building Program are no longer eligible to receive	3300
funding from the Big Eight Capital Improvement Program, except for	3301
appropriations already encumbered at the time the conditional	3302
approval is granted. To be eligible to receive appropriations from	3303
the Big Eight Capital Improvement Program, each school district	3304
shall:	3305

(1) Provide a 100 per cent match from funds that are approved	3306
by the School Facilities Commission; and	3307

(2) Develop and submit a capital renovations plan for the use	3308
of the state and local funds subject to approval by the School	3309
Facilities Commission.	3310

(B) The Executive Director of the School Facilities	3311
Commission may from time to time request the Director of Budget	3312
and Management to transfer any unencumbered and unallotted	3313
balances in appropriation item CAP-775, Big Eight Capital	3314
Improvement Program, to appropriation item CAP-770, School	3315
Building Program Assistance. Any amounts transferred are hereby	3316
appropriated.	3317

Section 23.  All items set forth in Sections 23.01 to 23.03	3318
of this act are hereby appropriated out of any moneys in the state	3319
treasury to the credit of the Mental Health Facilities Improvement	3320
Fund (Fund 033) and derived from the proceeds of obligations	3321
heretofore authorized, to pay costs of capital facilities, as	3322
defined in section 154.01 of the Revised Code, for mental hygiene	3323
and retardation.	3324

Reappropriations

Section 23.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	3325
SERVICES	3326

Reappropriations

Section 23.02.  DMH DEPARTMENT OF MENTAL HEALTH

3332

STATEWIDE AND CENTRAL OFFICE PROJECTS

3333

HAZARDOUS MATERIALS ABATEMENT

3343

The amount reappropriated for appropriation item CAP-092,	3344
Hazardous Materials Abatement, is the sum of the unencumbered and	3345
unallotted balances as of June 30, 2002, in appropriation items	3346
CAP-973, Abatement of Hazardous Airborne Materials, and CAP-092,	3347
Hazardous Materials Abatement.	3348

LIFE SAFETY AND CRITICAL PLANT RENOVATIONS

3349

The amount reappropriated for appropriation item CAP-976,	3350
Life Safety/Critical Plant Renovations, is the sum of the	3351
unencumbered and unallotted balances as of June 30, 2002, in	3352
appropriation items CAP-954, Fire Suppression Improvements -	3353
Dayton; CAP-979, Life Safety/Critical Plant Renovation; CAP-983,	3354
Life Safety/Critical Plant Renovation; and CAP-976, Life	3355
Safety/Critical Plant Renovation.	3356

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

3357

The amount reappropriated for appropriation item CAP-977,	3358
Patient Care/Environment Improvements, is the sum of the	3359
unencumbered and unallotted balances as of June 30, 2002, in	3360
appropriation items CAP-303, Center School Replacement; CAP-701,	3361
Energy Conservation Projects; CAP-790, Main Building Addition -	3362
Phase 1 - Toledo; CAP-822, New Facility Development - Athens;	3363
CAP-949, Building/Residential Unit Rehabilitation - CMHC; CAP-950,	3364
Residential Unit Reconfiguration - Columbus; CAP-953	3365
Building/Residential Unit Reconfiguration - North Campus; CAP-956,	3366
Building/Residential Unit Reconfiguration - Dayton; CAP-958,	3367
Building/Residential Unit Reconfiguration - MPC; CAP-963, Building	3368
Reconfiguration/Consolidation - Toledo; CAP-980, Patient	3369
Environment Improvements/Consolidation; CAP-984, Patient	3370
Environment Improvements/Consolidation; and CAP-977, Patient	3371
Care/Environment Improvements.	3372

INFRASTRUCTURE RENOVATIONS

3373

The amount reappropriated for appropriation item CAP-978,	3374
Infrastructure Renovations, is the sum of the unencumbered and	3375
unallotted balances as of June 30, 2002, in appropriation items	3376
CAP-825, Dietary Facility Development; CAP-930, Boiler/HVAC	3377
Renovation - Phase 2; CAP-833, Dietary Renovation - North Campus;	3378
CAP-943, Dietary Delivery System; CAP-947, Telephone System	3379
Renovation; CAP-951, Utility Consolidation/Site Improvements -	3380
Columbus; CAP-982, Infrastructure Renovations; CAP-985,	3381
Infrastructure Renovations; CAP-987, Telecommunication	3382
Renovations; and CAP-978, Infrastructure Renovations.	3383

CAMPUS CONSOLIDATION

3384

The amount reappropriated for appropriation item CAP-986,	3385
Campus Consolidation, is the sum of the unencumbered and	3386
unallotted balances as of June 30, 2002, in appropriation items	3387
CAP-906, Campus Consolidation Planning; and CAP-986, Campus	3388
Consolidation.	3389

Reappropriations

Section 23.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND

3390

DEVELOPMENTAL DISABILITIES

3391

STATEWIDE PROJECTS

3392

COMMUNITY ASSISTANCE PROJECTS

3403

The foregoing appropriation item CAP-480, Community	3404
Assistance Projects, may be used to provide community assistance	3405
funds for the construction or renovation of facilities for day	3406
programs or residential programs that provide services to persons	3407
eligible for services from the Department of Mental Retardation	3408
and Developmental Disabilities or county boards of mental	3409
retardation and developmental disabilities. Any funds provided to	3410
nonprofit agencies for the construction or renovation of	3411
facilities for persons eligible for services from the Department	3412
of Mental Retardation and Developmental Disabilities and county	3413
boards of mental retardation and developmental disabilities are	3414
subject to the prevailing wage provisions in section 176.05 of the	3415
Revised Code.	3416

STATEWIDE DEVELOPMENTAL CENTERS

3417

The amount reappropriated for the foregoing appropriation	3418
item CAP-955, Statewide Developmental Centers, is the sum of the	3419
unencumbered and unallotted balances as of June 30, 2002, in	3420
appropriation items CAP-014, Electrical System Renovations;	3421
CAP-479, Community Residential Projects; CAP-712,	3422
Administration/Education/Workshop; CAP-849, Exterior Renovations;	3423
CAP-854, Renovate Residential Buildings; CAP-888, New	3424
Dietary/Support Service Building - CDC; CAP-890, Roof Renovations	3425
- GDC; CAP-897, ADA Compliance Improvements - TDC; CAP-916,	3426
Electrical System Renovation; CAP-918, Renovation of Water	3427
Wells/Tower; CAP-921, Window Replacements; CAP-929, Program	3428
Building Renovation; CAP-930, Garza Building Renovation; CAP-939,	3429
Tunnel and Site Improvements; CAP-942, Fire Alarm/Sprinkler System	3430
Improvements; and CAP-980, Pool Chemical Feed System.	3431

APPLE CREEK DEVELOPMENTAL CENTER

3432

CAMBRIDGE DEVELOPMENTAL CENTER

3440

COLUMBUS DEVELOPMENTAL CENTER

3447

GALLIPOLIS DEVELOPMENTAL CENTER

3453

MONTGOMERY DEVELOPMENTAL CENTER

3461

MOUNT VERNON DEVELOPMENTAL CENTER

3467

NORTHWEST OHIO DEVELOPMENTAL CENTER

3477

SOUTHWEST OHIO DEVELOPMENTAL CENTER

3484

SPRINGVIEW DEVELOPMENTAL CENTER

3489

TIFFIN DEVELOPMENTAL CENTER

3495

WARRENSVILLE DEVELOPMENTAL CENTER

3503

YOUNGSTOWN DEVELOPMENTAL CENTER

3513

Section 23.04.  The foregoing capital improvements for which	3524
appropriations are made in Sections 23.01 to 23.03 of this act are	3525
determined to be capital improvements and capital facilities for	3526
mental hygiene and retardation, and are designated as the capital	3527
facilities to which proceeds of obligations in the Mental Health	3528
Facilities Improvement Fund, created by section 154.20 of the	3529
Revised Code, are to be applied. The foregoing appropriations for	3530
the Department of Alcohol and Drug Addiction Services, CAP-002,	3531
Community Assistance Projects; Department of Mental Health,	3532
CAP-479, Community Assistance Projects; and Department of Mental	3533
Retardation and Developmental Disabilities, CAP-480, Community	3534
Assistance Projects, may be used on facilities constructed or to	3535
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	3536
5126. of the Revised Code or the authority granted by section	3537
154.20 of the Revised Code and the rules adopted pursuant to those	3538
chapters and that section and shall be distributed by the	3539
Department of Alcohol and Drug Addiction Services, the Department	3540
of Mental Health, and the Department of Mental Retardation and	3541
Developmental Disabilities, subject to Controlling Board approval.	3542

Section 23.05.  (A) No capital improvement appropriations	3543
made in Sections 23.01 to 23.03 of this act shall be released for	3544
planning or for improvement, renovation, or construction or	3545
acquisition of capital facilities if a governmental agency, as	3546
defined in section 154.01 of the Revised Code, does not own the	3547
real property that constitutes the capital facilities or on which	3548
the capital facilities are or will be located. This restriction	3549
does not apply in any of the following circumstances:	3550

(1) The governmental agency has a long-term (at least	3551
fifteen years) lease of, or other interest (such as an easement)	3552
in, the real property.	3553

(2) In the case of an appropriation for capital facilities	3554
that, because of their unique nature or location, will be owned or	3555
be part of facilities owned by a separate nonprofit organization	3556
and made available to the governmental agency for its use or	3557
operated by the nonprofit organization under contract with the	3558
governmental agency, the nonprofit organization either owns or has	3559
a long-term (at least fifteen years) lease of the real property or	3560
other capital facility to be improved, renovated, constructed, or	3561
acquired and has entered into a joint or cooperative use	3562
agreement, approved by the Department of Mental Health, Department	3563
of Mental Retardation and Developmental Disabilities, or	3564
Department of Alcohol and Drug Addiction Services, whichever is	3565
applicable, with the governmental agency for that agency's use of	3566
and right to use the capital facilities to be financed and, if	3567
applicable, improved, the value of such use or right to use being,	3568
as determined by the parties, reasonably related to the amount of	3569
the appropriation.	3570

(B) In the case of capital facilities referred to in	3571
division (A)(2) of this section, the joint or cooperative use	3572
agreement shall include, as a minimum, provisions that:	3573

(1) Specify the extent and nature of that joint or	3574
cooperative use, extending for no fewer than fifteen years, with	3575
the value of such use or right to use to be, as determined by the	3576
parties and approved by the applicable department, reasonably	3577
related to the amount of the appropriation;	3578

(2) Provide for pro rata reimbursement to the state should	3579
the arrangement for joint or cooperative use by a governmental	3580
agency be terminated;	3581

(3) Provide that procedures to be followed during the	3582
capital improvement process will comply with appropriate	3583
applicable state statutes and rules, including provisions of this	3584
act.	3585

Section 24.  All items set forth in Sections 24.01 to 24.56	3586
of this act are hereby appropriated out of any moneys in the	3587
state treasury to the credit of the Higher Education Improvement	3588
Fund (Fund 034) and derived from the proceeds of obligations	3589
heretofore authorized to pay the costs of capital facilities as	3590
defined in section 151.01 of the Revised Code, for state-supported	3591
and state-assisted institutions of higher education.	3592

Reappropriations

Section 24.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	3593
NETWORK COMMISSION	3594

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

3599

The foregoing appropriation item CAP-001, Educational	3600
Television and Radio Equipment, shall be used to provide	3601
broadcasting, transmission, and production equipment to Ohio	3602
public radio and television stations, radio reading services, and	3603
the Ohio Educational Telecommunications Network Commission.	3604

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

3605

The foregoing appropriation item CAP-002, Educational	3606
Broadcasting Fiber Optic Network, shall be used to link the Ohio	3607
public radio and television stations, radio reading services, and	3608
the Ohio Educational Broadcasting Network for the reception and	3609
transmission of digital communications through fiber optic cable	3610
or other technology.	3611

Reappropriations

Section 24.02.  BOR BOARD OF REGENTS

3612

Section 24.03. SUPERCOMPUTER CENTER EXPANSION

3625

The amount reappropriated for the foregoing appropriation	3626
item CAP-030, Supercomputer Center Expansion, is the unencumbered	3627
and unallotted balance as of June 30, 2002, in appropriation item	3628
CAP-030, Supercomputer Center Expansion, minus $508,599.	3629

Section 24.04. RESEARCH FACILITY ACTION INVESTMENT FUNDS

3630

The amount reappropriated for the foregoing appropriation	3631
item CAP-032, Research Facility Action and Investment Funds, is	3632
the sum of the unencumbered and unallotted balance as of June 30,	3633
2002, in appropriation item CAP-032, Research Facility Action and	3634
Investment Funds, plus the unencumbered and unallotted balance as	3635
of June 30, 2002, in Youngstown State University's appropriation	3636
item CAP-118, X-Ray Defractometer.	3637

Section 24.05.  RESEARCH FACILITY ACTION AND INVESTMENT	3638
FUNDS	3639

The foregoing appropriation item CAP-032, Research Facility	3640
Action and Investment Funds, shall be used for a program of grants	3641
to be administered by the Board of Regents to provide timely	3642
availability of capital facilities for research programs and	3643
research-oriented instructional programs at or involving	3644
state-supported and state-assisted institutions of higher	3645
education.	3646

The Board of Regents shall adopt rules under Chapter 119. of	3647
the Revised Code relative to the application for and approval of	3648
projects funded from appropriation item CAP-032, Research Facility	3649
Action and Investment Funds. The rules shall be reviewed and	3650
approved by the Legislative Committee on Education Oversight. The	3651
Board of Regents shall inform the President of the Senate and the	3652
Speaker of the House of Representatives of each project	3653
application for funding received. Each project receiving a	3654
commitment for funding by the Board of Regents under the rules	3655
shall be reported to the President of the Senate and the Speaker	3656
of the House of Representatives.	3657

Section 24.06. REPAYMENT OF RESEARCH FACILITY ACTION AND	3658
INVESTMENT FUND MONEYS	3659

Notwithstanding any provision of law to the contrary, all	3660
repayments of Research Facility Action and Investment Fund loans	3661
shall be made to the Bond Service Account in the Higher Education	3662
Bond Service Trust Fund.	3663

Institutions of higher education shall make timely repayments	3664
of Research Facility Action and Investment Fund loans, according	3665
to the schedule established by the Board of Regents. In the case	3666
of late payments, the Board of Regents may deduct from an	3667
institution's periodic subsidy distribution an amount equal to the	3668
amount of the overdue payment for that institution, transfer such	3669
amount to the Bond Service Trust Fund, and credit the appropriate	3670
institution for the repayment.	3671

Section 24.07. CHILD CARE FACILITIES - MATCHING GRANTS

3672

The foregoing appropriation item CAP-033, Child Care	3673
Facilities - Matching Grants, shall be used by the Board of	3674
Regents to make grants to state-supported or state-assisted	3675
institutions of higher education for projects to expand,	3676
construct, renovate space, or equip child care centers. All	3677
grants shall be awarded on a 50 per cent match basis. In making	3678
grant awards, the Board of Regents shall give priority to:	3679

(A) Projects located at state-supported or state-assisted	3680
institutions without child care facilities;	3681

(B) Projects for which the principal clients are children of	3682
students enrolled at the institution; and	3683

(C) Projects where the facility will be used as a	3684
classroom/training lab for child care/preschool certification	3685
programs.	3686

Section 24.08. TECHNOLOGY INITIATIVES

3687

In order to determine a method of awarding grants from the	3688
foregoing appropriation item CAP-060, Technology Initiatives, the	3689
Board of Regents shall form a consultation group including, but	3690
not limited to, representatives of state-supported and	3691
state-affiliated colleges and universities, the Office of Budget	3692
and Management, the Legislative Service Commission, and the	3693
Legislative Office of Education Oversight.	3694

Section 24.09. EMINENT SCHOLARS CAPITAL GRANTS

3695

The foregoing appropriation item CAP-064, Eminent Scholars	3696
Capital Grants, shall be used by the Board of Regents to make	3697
grants to state colleges and universities and nonprofit	3698
institutions of higher education holding certificates of	3699
authorization issued under section 1713.02 of the Revised Code	3700
that receive endowment grants from appropriation item 235-451,	3701
Eminent Scholars. The capital grants shall be used to acquire,	3702
renovate, rehabilitate, or construct facilities and purchase	3703
equipment to be used by an eminent scholar in the conduct of	3704
research and shall require a 50 per cent match from recipient	3705
campuses.	3706

The Board of Regents shall convene an Eminent Scholars	3707
Advisory Panel that shall make recommendations for the	3708
administration of the Eminent Scholars Program, including the	3709
award of capital grants. The panel's recommendations for capital	3710
grants from appropriation item CAP-064, Eminent Scholars Capital	3711
Grants, shall require the approval of the Board of Regents.	3712

Section 24.10. BIOMEDICAL TECHNOLOGY CENTER

3713

The foregoing appropriation item CAP-065, Biomedical	3714
Technology Center, shall be used by the Center for Applied	3715
Biomedical Technologies for site development and the design,	3716
construction, and equipment costs of a new biomedical technology	3717
resources facility. Prior to release of the funds, a proposal for	3718
the construction of the facility and the use of state funds shall	3719
be approved by the Biomedical Technology Center Oversight	3720
Committee, which is hereby created and consists of the Governor's	3721
Science and Technology Advisor, the president of the Edison Bio	3722
Technology Center, and the Governor's regional economic	3723
development representative for northeastern Ohio. The committee	3724
shall determine the extent to which Section 24.54 of this act or	3725
appropriate alternative procedures apply to the project. Upon	3726
notification of the committee's approval, the Chancellor of the	3727
Board of Regents shall request the Director of Budget and	3728
Management or the Controlling Board to release the appropriations.	3729
The Biomedical Technology Center Oversight Committee ceases to	3730
exist upon the release of all appropriations from this item. This	3731
appropriation shall not be used to match any grants made by the	3732
Biomedical Research and Technology Transfer Commission.	3733

Section 24.11. REIMBURSEMENT FOR PROJECT COSTS

3734

Appropriations made in Sections 24.02 to 24.56 of this act	3735
for purposes of the costs of capital facilities for the interim	3736
financing of which the particular institution has previously	3737
issued its own obligations anticipating the possibility of future	3738
state appropriations to pay all or a portion of such costs, as	3739
contemplated in division (B) of section 3345.12 of the Revised	3740
Code, shall be paid directly to the institution or the paying	3741
agent for those outstanding obligations in the full principal	3742
amount of those obligations then to be paid from the anticipated	3743
appropriation, and shall be timely applied to the retirement of a	3744
like principal amount of the institution's obligations.	3745

Appropriations made in Sections 24.02 to 24.56 of this act	3746
for purposes of the costs of capital facilities, all or a portion	3747
of which costs the particular institution has paid from the	3748
institution's moneys that were temporarily available and which	3749
payments were reasonably expected to be reimbursed from the	3750
proceeds of obligations issued by the state, shall be directly	3751
paid to the institution in the full amounts of those payments and	3752
shall be timely applied to the reimbursement of those temporarily	3753
available moneys.	3754

Reappropriations

Section 24.12.  UAK UNIVERSITY OF AKRON

3755

Reappropriations

Section 24.13.  BGU BOWLING GREEN STATE UNIVERSITY

3775

BASIC RENOVATIONS

3797

The amount reappropriated for the foregoing appropriation	3798
item CAP-009, Basic Renovations, shall be the sum of the	3799
unencumbered and unallotted balances as of June 30, 2002, in	3800
appropriation items CAP-009, Basic Renovations; CAP-054,	3801
University Hall Rehabilitation; CAP-055, Fine Arts Addition;	3802
CAP-056, Modify Continuing Education Offices; CAP-057, Roof	3803
Renovations; CAP-061, Bursar/Biology Labs/Library/Sewer; CAP-063,	3804
Eppler Rehabilitation; CAP-081, Large Lecture Hall Renovations;	3805
CAP-083, Central Heating Plant Replacement; CAP-084, Physical	3806
Sciences Chiller; CAP-086, Health Center - 2nd Floor Renovations;	3807
CAP-096, Campus-wide Paving - Phase II; CAP-097, Education	3808
Building HVAC Upgrades; CAP-098, Sciences Complex Cooling Tower;	3809
CAP-099, Technology Building Chiller; and CAP-107, Campus Lighting	3810
Project - Phase II, plus $2,070.	3811

BASIC RENOVATIONS - FIRELANDS

3812

The amount reappropriated for the foregoing appropriation	3813
item CAP-060, Basic Renovations - Firelands, is the sum of the	3814
unencumbered and unallotted balances as of June 30, 2002, in	3815
appropriation items CAP-060, Basic Renovations - Firelands;	3816
CAP-067, Energy Conservation Project - Firelands; and CAP-089, ADA	3817
Modifications - Firelands.	3818

Reappropriations

Section 24.14.  CSU CENTRAL STATE UNIVERSITY

3819

Reappropriations

Section 24.15.  UCN UNIVERSITY OF CINCINNATI

3842

NEW CLASSROOM/LAB BUILDING - CLERMONT

3903

The amount reappropriated for the foregoing appropriation	3904
item CAP-127, New Classroom/Lab Building - Clermont, is $21,215.	3905

SCIENCE/ALLIED HEALTH BUILDING - WALTERS

3906

The amount reappropriated for the foregoing appropriation	3907
item CAP-128, Science/Allied Health Building - Walters, is	3908
$77,947, plus the unencumbered and unallotted balance as of June	3909
30, 2002, in appropriation item CAP-128, Science/Allied Health	3910
Building - Walters.	3911

Reappropriations

Section 24.16.  CLS CLEVELAND STATE UNIVERSITY

3912

CLASSROOM UPGRADE

3943

The amount reappropriated for the foregoing appropriation	3944
item CAP-109, Classroom Upgrade, is $5,192 plus the unencumbered	3945
and unallotted balance as of June 30, 2002, in appropriation item	3946
CAP-109, Classroom Upgrade.	3947

LANDSCAPING/SIDEWALKS/STAIRS

3948

The amount reappropriated for the foregoing appropriation	3949
item CAP-117, Landscaping/Sidewalks/Stairs, is $12,621 plus the	3950
unencumbered and unallotted balance as of June 30, 2002, in	3951
appropriation item CAP-117, Landscaping/Sidewalks/Stairs.	3952

Reappropriations

Section 24.17.  KSU KENT STATE UNIVERSITY

3953

Reappropriations

Section 24.18.  MUN MIAMI UNIVERSITY

4022

BASIC RENOVATIONS

4069

The amount reappropriated for the foregoing appropriation	4070
item CAP-018, Basic Renovations, is the sum of the unencumbered	4071
and unallotted balances as of June 30, 2002, in appropriation	4072
items CAP-018, Basic Renovations, and CAP-084, Central Steam Plant	4073
Addition.	4074

BASIC RENOVATIONS - HAMILTON

4075

The amount reappropriated for the foregoing appropriation	4076
item CAP-066, Basic Renovations - Hamilton, is $22,712 plus the	4077
unencumbered and unallotted balance as of June 30, 2002, in	4078
appropriation item CAP-066, Basic Renovations - Hamilton.	4079

LAND RESTORATION - HAMILTON

4080

The amount reappropriated for the foregoing appropriation	4081
item CAP-064, Land Restoration - Hamilton, is the unencumbered and	4082
unallotted balance as of June 30, 2002, in appropriation item	4083
CAP-064, Land Restoration - Hamilton, minus $22,712.	4084

HOYT HALL REHABILITATION

4085

The amount reappropriated for the foregoing appropriation	4086
item CAP-088, Hoyt Hall Rehabilitation, is $3,693 plus the	4087
unencumbered and unallotted balance as of June 30, 2002, in	4088
appropriation item CAP-088, Hoyt Hall Rehabilitation.	4089

HIGH VOLTAGE ELECTRIC

4090

The amount reappropriated for the foregoing appropriation	4091
item CAP-089, High Voltage Electric, is $1,155 plus the	4092
unencumbered and unallotted balance as of June 30, 2002, in	4093
appropriation item CAP-089, High Voltage Electric.	4094

ROUDEBUSH HALL REHABILITATION

4095

The amount reappropriated for the foregoing appropriation	4096
item CAP-111, Roudebush Hall Rehabilitation, is $161,556 plus the	4097
unencumbered and unallotted balance as of June 20, 2002, in	4098
appropriation item CAP-111, Roudebush Hall Rehabilitation.	4099

CHILLED WATER LOOP - HAMILTON

4100

The amount reappropriated for the foregoing appropriation	4101
item CAP-112, Chilled Water Loop Phase I - Hamilton, is $507,029	4102
plus the unencumbered and unallotted balance as of June 30, 2002,	4103
in appropriation item CAP-112, Chilled Water Loop - Hamilton.	4104

CHILLED WATER LOOP - MIDDLETOWN

4105

The amount reappropriated for the foregoing appropriation	4106
item CAP-114, Chilled Water Loop Phase I - Middletown, is the	4107
unencumbered and unallotted balance as of June 30, 2002, in	4108
appropriation item CAP-114, Chilled Water Loop - Middletown, minus	4109
$501,381.	4110

Reappropriations

Section 24.19. OSU OHIO STATE UNIVERSITY

4111

EVANS LAB ADDITION

4306

The amount reappropriated for the foregoing appropriation	4307
item CAP-216, Evans Lab Addition, is $14,915 plus the unencumbered	4308
and unallotted balance as of June 30, 2002, in appropriation item	4309
CAP-216, Evans Lab Addition.	4310

HORTICULTURE/ENTOMOLOGY GREENHOUSE - OARDC

4311

The amount reappropriated for the foregoing appropriation	4312
item CAP-271, Horticulture/Entomology Greenhouse - OARDC, is	4313
$1,860 plus the unencumbered and unalloted balance as of June 30,	4314
2002, in appropriation item CAP-271, Horticulture/Entomology	4315
Greenhouse - OARDC.	4316

CENTER FOR AUTOMOTIVE RESEARCH

4317

The amount reappropriated for the foregoing appropriation	4318
item CAP-334, Center for Automotive Research, is $2,340 plus the	4319
unencumbered and unallotted balance as of June 30, 2002, in	4320
appropriation item CAP-334, Center or Automotive Research.	4321

MAINTENANCE, RECEIVING, AND STORAGE FACILITY - MARION

4322

The amount reappropriated for the foregoing appropriation	4323
item CAP-361, Maintenance, Receiving, and Storage Facility -	4324
Marion, is $9,951 plus the unencumbered and unalloted balance as	4325
of June 30, 2002, in appropriation item CAP-361, Maintenance,	4326
Receiving, Storage - Marion.	4327

CAMPUS GROUNDS LIGHTS

4328

The amount reappropriated for the foregoing appropriation	4329
item CAP-411, Campus Grounds-Lights Phase 4, is $280 plus the	4330
unencumbered and unallotted balance as of June 30, 2002, in	4331
appropriation item CAP-411, Campus Grounds Lights.	4332

OCARNET

4333

The amount reappropriated for the foregoing appropriation	4334
item CAP-421, OCARNET, is $4,104 plus the unencumbered and	4335
unallotted balance as of June 30, 2002, in appropriation item	4336
CAP-421, OCARNET.	4337

BIOPROCESSING RESEARCH

4338

The amount reappropriated for the foregoing appropriation	4339
item CAP-422, Bioprocessing Research, is $13,677 plus the	4340
unencumbered and unallotted balance as of June 30, 2002, in	4341
appropriation item CAP-422, Bioprocessing Research.	4342

CAPITAL EQUIPMENT - OARDC

4343

The amount reappropriated for the foregoing appropriation	4344
item CAP-428, Capital Equipment - OARDC, is $2,725 plus the	4345
unencumbered and unalloted balance as of June 30, 2002, in	4346
appropriation item CAP-428, Capital Equipment - OARDC.	4347

CAMPUS GROUNDS EXTERIOR LIGHTING

4348

The amount reappropriated for the foregoing appropriation	4349
item CAP-450, Campus Grounds Exterior Lighting, Phase 5, is $1,700	4350
plus the unencumbered and unallotted balance as of June 30, 2002,	4351
in appropriation item CAP-450, Campus Grounds Exterior Lighting.	4352

FONTANA LAB - CHILLER REPLACEMENT

4353

The amount reappropriated for the foregoing appropriation	4354
item CAP-504, Fontana Lab - Chiller Replacement, is $5,981 plus	4355
the unencumbered and unallotted balance as of June 30, 2002, in	4356
appropriation item CAP-504, Fontana Lab - Chiller Replacement.	4357

SUPERCOMPUTER CENTER EXPANSION

4358

The amount reappropriated for the foregoing appropriation	4359
item CAP-590, Supercomputer Center Expansion, is $508,599 plus the	4360
unencumbered and unalloted balance as of June 30, 2002, in	4361
appropriation item CAP-590, Supercomputer Center Expansion.	4362

Section 24.20. OHU OHIO UNIVERSITY

4363

BASIC RENOVATIONS

4413

The amount reappropriated for the foregoing appropriation	4414
item CAP-020, Basic Renovations, is $22,905 plus the unencumbered	4415
and unallotted balance as of June 30, 2002, in appropriation item	4416
CAP-020, Basic Renovations.	4417

MEMORIAL AUDITORIUM REHABILITATION

4418

The amount reappropriated for the foregoing appropriation	4419
item CAP-086, Memorial Auditorium Rehabilitation, is $3,977 plus	4420
the unencumbered and unallotted balance as of June 30, 2002, in	4421
appropriation item CAP-086, Memorial Auditorium Rehabilitation.	4422

BASIC RENOVATIONS - LANCASTER

4423

The amount reappropriated for the foregoing appropriation	4424
item CAP-098, Basic Renovations - Lancaster, is $280 plus the	4425
unencumbered and unallotted balance as of June 30, 2002, in	4426
appropriation item CAP-098, Basic Renovations - Lancaster.	4427

BASIC RENOVATIONS - ZANESVILLE

4428

The amount reappropriated for the foregoing appropriation	4429
item CAP-099, Basic Renovations - Zanesville, is $1,013 plus the	4430
unencumbered and unallotted balance as of June 30, 2002, in	4431
appropriation item CAP-099, Basic Renovations - Zanesville.	4432

RIDGES AUDITORIUM REHABILITATION

4433

The amount reappropriated for the foregoing appropriation	4434
item CAP-120, Ridges Auditorium Rehabilitation, is $474 plus the	4435
unencumbered and unallotted balance as of June 30, 2002, in	4436
appropriation item CAP-120, Ridges Auditorium Rehabilitation.	4437

GYMNASIUM DEVELOPMENT - EASTERN

4438

The amount reappropriated for the foregoing appropriation	4439
item CAP-136, Gymnasium Development - Eastern, is $1,267 plus the	4440
unencumbered and unallotted balance as of June 30, 2002, in	4441
appropriation item CAP-136, Gymnasium Development - Eastern.	4442

HEALTH PROFESSIONS LABS - PHASE I

4443

The amount reappropriated for the foregoing appropriation	4444
item CAP-142, Health Professions Labs Phase I, is $22,115 plus the	4445
unencumbered and unallotted balance as of June 30, 2002, in	4446
appropriation item CAP-142, Health Professions Labs.	4447

BRASEE HALL REHABILITATION - LANCASTER

4448

The amount reappropriated for the foregoing appropriation	4449
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is $1,000	4450
plus the unencumbered and unallotted balance as of June 30, 2002,	4451
in appropriation item CAP-155, Brasee Hall Rehabilitation -	4452
Lancaster.	4453

CENTRAL CLASSROOM BUILDING

4454

The amount reappropriated for the foregoing appropriation	4455
item CAP-183, Central Classroom Building, is $7,414 plus the	4456
unencumbered and unallotted balance as of June 30, 2002, in	4457
appropriation item CAP-183, Central Classroom Building.	4458

UTILITIES TO SCRIPPS HALL

4459

The amount reappropriated for the foregoing appropriation	4460
item CAP-184, Utilities to Scripps Hall, is $211 plus the	4461
unencumbered and unallotted balance as of June 30, 2002, in	4462
appropriation item CAP-184, Utilities to Scripps Hall.	4463

ELLIS HALL PARTIAL RENOVATION

4464

The amount reappropriated for the foregoing appropriation	4465
item CAP-186, Ellis Hall Partial Renovation, is $17,181 plus the	4466
unencumbered and unallotted balance as of June 30, 2002, in	4467
appropriation item CAP-186, Ellis Hall Partial Renovation.	4468

Reappropriations

Section 24.21. SSC SHAWNEE STATE UNIVERSITY

4469

Reappropriations

Section 24.22. UTO UNIVERSITY OF TOLEDO

4488

Reappropriations

Section 24.23. WSU WRIGHT STATE UNIVERSITY

4515

BASIC RENOVATIONS

4537

The amount reappropriated for the foregoing appropriation	4538
item CAP-015, Basic Renovations, is $33,910 plus the unencumbered	4539
and unallotted balance as of June 30, 2002, in appropriation item	4540
CAP-015, Basic Renovations.	4541

LIBRARY ACCESS CONSOLIDATION SYSTEM

4542

The amount reappropriated for the foregoing appropriation	4543
item CAP-080, Library Access Consolidation System, is $2,911 plus	4544
the unencumbered and unallotted balance as of June 30, 2002, in	4545
appropriation item CAP-080, Library Access Consolidation System.	4546

Reappropriations

Section 24.24. YSU YOUNGSTOWN STATE UNIVERSITY

4547

BLISS HALL REHABILITATING

4567

The amount reappropriated for the foregoing appropriation	4568
item CAP-040, Bliss Hall Rehabilitation - Final Phase, is the sum	4569
of the unencumbered and unallotted balances as of June 30, 2002,	4570
in appropriation items CAP-040, Bliss Hall Rehabilitation, and	4571
CAP-115, Fedor Hall Rehabilitation.	4572

CAMPUS DEVELOPMENT

4573

The amount reappropriated for the foregoing appropriation	4574
item CAP-113, Campus Development, is the sum of the unencumbered	4575
and unallotted balances as of June 30, 2002, in appropriation	4576
items CAP-113, Campus Development, and CAP-027, Property	4577
Acquisitions/Street Closures.	4578

Reappropriations

Section 24.25. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	4579
MEDICINE	4580

Reappropriations

Section 24.26. MCO MEDICAL COLLEGE OF OHIO

4592

Reappropriations

Section 24.27. CWR UNIVERSITY HOSPITALS, CASE WESTERN RESERVE	4604
UNIVERSITY	4605

Reappropriations

Section 24.28. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	4622
COLLEGE	4623

Reappropriations

Section 24.29. CLT CLARK STATE COMMUNITY COLLEGE

4637

Reappropriations

Section 24.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

4643

Reappropriations

Section 24.31. CCC CUYAHOGA COMMUNITY COLLEGE

4653

BASIC RENOVATIONS

4667

The amont reappropriated for the foregoing appropriation item	4668
CAP-031, Basic Renovations, is the sum of the unencumbered and	4669
unallotted balances as of June 30, 2002, in appropriation items	4670
CAP-031, Basic Renovations; CAP-028, Adult Technical Education	4671
Facility; CAP-049, Exterior Building Renovations - Metro/East;	4672
CAP-052, S & T Asbestos Abatement - Metro; CAP-054, Ceiling	4673
Renovation/Damper Replacement - West; CAP-059, Electric	4674
Switchgear/Transformer - Metro; CAP-065, Exterior Lighting/Site	4675
Improvement - Eastern; CAP-067, Plant Ops/Vehicle Maint/Storage -	4676
Phase I; and CAP-072, Exterior Lighting Enhancements.	4677

Reappropriations

Section 24.32. ESC EDISON STATE COMMUNITY COLLEGE

4678

Reappropriations

Section 24.33. JTC JEFFERSON COMMUNITY COLLEGE

4687

Reappropriations

Section 24.34. LCC LAKELAND COMMUNITY COLLEGE

4698

Reappropriations

Section 24.35. LOR LORAIN COMMUNITY COLLEGE

4707

Reappropriations

Section 24.36. NTC NORTHWEST STATE COMMUNITY COLLEGE

4711

Reappropriations

Section 24.37. OTC OWENS COMMUNITY COLLEGE

4719

Reappropriations

Section 24.38. RGC RIO GRANDE COMMUNITY COLLEGE

4726

Reappropriations

Section 24.39. SCC SINCLAIR COMMUNITY COLLEGE

4733

Reappropriations

Section 24.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

4741

Reappropriations

Section 24.41. TTC TERRA STATE COMMUNITY COLLEGE

4747

Reappropriations

Section 24.42. WTC WASHINGTON STATE COMMUNITY COLLEGE

4752

Reappropriations

Section 24.43. BTC BELMONT TECHNICAL COLLEGE

4759

Reappropriations

Section 24.44. COT CENTRAL OHIO TECHNICAL COLLEGE

4765

Reappropriations

Section 24.45. HTC HOCKING TECHNICAL COLLEGE

4769

Reappropriations

Section 24.46. LTC LIMA TECHNICAL COLLEGE

4777

Reappropriations

Section 24.47. MAT MUSKINGUM AREA TECHNICAL COLLEGE

4786

BASIC RENOVATIONS

4790

The amount reappropriated for the foregoing appropriation	4791
item CAP-007, Basic Renovations, is $4,780 plus the unencumbered	4792
and unallotted balance as of June 30, 2002, in appropriation item	4793
CAP-007, Basic Renovations.	4794

Reappropriations

Section 24.48. MTC MARION TECHNICAL COLLEGE

4795

Reappropriations

Section 24.49. NCC NORTH CENTRAL TECHNICAL COLLEGE

4799

FALLERIUS CENTER REHABILITATION

4807

The amount reappropriated for the foregoing appropriation	4808
item CAP-018, Fallerius Center Rehabilitation, is $95,000 plus the	4809
unencumbered and unallotted balance as of June 30, 2002, in	4810
appropriation item CAP-018, Fallerius Center Rehabilitation.	4811

Reappropriations

Section 24.50. STC STARK TECHNICAL COLLEGE

4812

Section 24.51. The foregoing capital improvements for which	4822
appropriations are made from the Higher Education Improvement Fund	4823
(Fund 034) are determined to be capital improvements and capital	4824
facilities for state-supported or state-assisted institutions of	4825
higher education and are designated as the capital facilities to	4826
which proceeds of obligations in the Higher Education Improvement	4827
Fund, created by section 154.21 of the Revised Code, are to be	4828
applied.	4829

Section 24.52. For all of the foregoing appropriation items	4830
from the Higher Education Improvement Fund (Fund 034) that require	4831
local funds to be contributed by any state-supported or	4832
state-assisted institution of higher education, the Board of	4833
Regents shall not recommend that any funds be released until the	4834
recipient institution demonstrates to the Board of Regents and the	4835
Office of Budget and Management that the local funds contribution	4836
requirement has been secured or satisfied. The local funds shall	4837
be in addition to the foregoing appropriations.	4838

Section 24.53. None of the foregoing capital improvements	4839
appropriations for state-supported or state-assisted institutions	4840
of higher education shall be expended until the particular	4841
appropriation has been recommended for release by the Board of	4842
Regents and released by the Director of Budget and Management or	4843
the Controlling Board. Either the institution concerned, or the	4844
Board of Regents with the concurrence of the institution	4845
concerned, may initiate the request to the Director of Budget and	4846
Management or the Controlling Board for the release of the	4847
particular appropriations.	4848

Section 24.54. (A) No capital improvement appropriations made	4849
in Sections 24.02 to 24.56 of this act shall be released for	4850
planning or for improvement, renovation, construction, or	4851
acquisition of capital facilities if the institution of higher	4852
education or the state does not own the real property on which the	4853
capital facilities are or will be located. This restriction does	4854
not apply in any of the following circumstances:	4855

(1) The institution has a long-term (at least fifteen years)	4856
lease of, or other interest (such as an easement) in, the real	4857
property.	4858

(2) The Board of Regents certifies to the Controlling Board	4859
that undue delay will occur if planning does not proceed while the	4860
property or property interest acquisition process continues. In	4861
this case, funds may be released upon approval of the Controlling	4862
Board to pay for planning through the development of schematic	4863
drawings only.	4864

(3) In the case of an appropriation for capital facilities	4865
that, because of their unique nature or location, will be owned or	4866
will be part of facilities owned by a separate nonprofit	4867
organization or public body and will be made available to the	4868
institution of higher education for its use, the nonprofit	4869
organization or public body either owns or has a long-term (at	4870
least fifteen years) lease of the real property or other capital	4871
facility to be improved, renovated, constructed, or acquired and	4872
has entered into a joint or cooperative use agreement, approved by	4873
the Board of Regents, with the institution of higher education	4874
that meets the requirements of division (C) of this section.	4875

(B) Any foregoing appropriations which require cooperation	4876
between a technical college and a branch campus of a university	4877
may be released by the Controlling Board upon recommendation by	4878
the Board of Regents that the facilities proposed by the	4879
institutions are:	4880

(1) The result of a joint planning effort by the university	4881
and the technical college, satisfactory to the Board of Regents;	4882

(2) Facilities that will meet the needs of the region in	4883
terms of technical and general education, taking into	4884
consideration the totality of facilities which will be available	4885
after the completion of these projects;	4886

(3) Planned to permit maximum joint use by the university and	4887
technical college of the totality of facilities which will be	4888
available upon their completion;	4889

(4) To be located on or adjacent to the branch campus of the	4890
university.	4891

(C) The Board of Regents shall adopt rules regarding the	4892
release of moneys from all the foregoing appropriations for	4893
capital facilities for all state-supported or state-assisted	4894
institutions of higher education. In the case of capital	4895
facilities referred to in division (A)(3) of this section, the	4896
joint or cooperative use agreements shall include, as a minimum,	4897
provisions that:	4898

(1) Specify the extent and nature of that joint or	4899
cooperative use, extending for not fewer than fifteen years, with	4900
the value of such use or right to use to be, as determined by the	4901
parties and approved by the Board of Regents, reasonably related	4902
to the amount of the appropriations;	4903

(2) Provide for pro rata reimbursement to the state should	4904
the arrangement for joint or cooperative use be terminated;	4905

(3) Provide that procedures to be followed during the capital	4906
improvement process will comply with appropriate applicable state	4907
laws and rules, including provisions of this act;	4908

(4) Provide for payment or reimbursement to the institution	4909
of its administrative costs incurred as a result of the facilities	4910
project, not to exceed 1.5 per cent of the appropriated amount.	4911

(D) Upon the recommendation of the Board of Regents, the	4912
Controlling Board may approve the transfer of appropriations for	4913
projects requiring cooperation between institutions from one	4914
institution to another institution, with the approval of both	4915
institutions.	4916

(E) Notwithstanding section 127.14 of the Revised Code, the	4917
Controlling Board, upon the recommendation of the Board of	4918
Regents, may transfer amounts appropriated to the Board of Regents	4919
to accounts of state-supported or state-assisted institutions	4920
created for that same purpose.	4921

Section 24.55. The requirements of Chapters 123. and 153. of	4922
the Revised Code, with respect to the powers and duties of the	4923
Director of Administrative Services in the procedure for and award	4924
of contracts for capital improvement projects, and the	4925
requirements of section 127.16 of the Revised Code, with respect	4926
to the Controlling Board, do not apply to projects of community	4927
college districts and technical college districts.	4928

Section 24.56. Those institutions locally administering	4929
capital improvement projects pursuant to section 3345.50 of the	4930
Revised Code may:	4931

(A) Establish charges for recovering costs directly related	4932
to project administration as defined by the Director of	4933
Administrative Services. The Department of Administrative	4934
Services shall review and approve these administrative charges	4935
when such charges are in excess of 1.5 per cent of the total	4936
construction budget.	4937

(B) Seek reimbursement from state capital appropriations to	4938
the institution for the in-house design services performed by the	4939
institution for such capital projects. Acceptable charges shall	4940
be limited to design document preparation work that is done by the	4941
institution. These reimbursable design costs shall be shown as	4942
"A/E fees" within the project's budget that is submitted to the	4943
Controlling Board or the Director of Budget and Management as part	4944
of a request for release of funds. The reimbursement for in-house	4945
design may not exceed seven per cent of the estimated construction	4946
cost.	4947

Section 25.  All items set forth in this section are hereby	4948
appropriated out of any moneys in the state treasury to the credit	4949
of the Parks and Recreation Improvement Fund (Fund 035) and	4950
derived from the proceeds of obligations heretofore authorized to	4951
pay costs of capital facilities, as defined in section 154.01 of	4952
the Revised Code, for parks and recreation.	4953

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4954

LOCAL PARKS PROJECTS

4993

The following projects shall be funded from the foregoing	4994
reappropriation item CAP-748, Local Parks Projects: $500,000 for	4995
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	4996
Park Improvements; $12,500 for Big Prairie/Lakeville Park	4997
Improvements; $25,000 for Holmes County Park Improvements; $25,000	4998
for Stockport Riverfront Park Improvements; $50,000 for Silver	4999
Park Improvements, $6,500 for Crossroads Park Improvements;	5000
$38,000 for Wauseon Park Land Acquisition; $150,000 for Black	5001
Swamp Land Acquisition; $75,000 for the Walbridge Parks	5002
Improvements; and $100,000 by the West Creek Preservation	5003
Committee for a West Creek Watershed Project.	5004

SCIOTO RIVERFRONT IMPROVEMENTS

5005

Of the foregoing reappropriation item CAP-787, Scioto	5006
Riverfront Improvements, $7,750,000 shall be used for Spring and	5007
Long Park.	5008

STATEWIDE TRAILS PROGRAM

5009

Of the foregoing reappropriation item CAP-876, Statewide	5010
Trails Program, $50,000 shall be used for the Lake to River	5011
Greenway Bike Path in Trumbull County.	5012

FEDERAL REIMBURSEMENT

5013

All reimbursements received from the federal government for	5014
any expenditures made pursuant to this section shall be deposited	5015
in the state treasury to the credit of the Parks and Recreation	5016
Improvement Fund.	5017

Section 25.01. The foregoing capital improvements for which	5018
appropriations are made from the Parks and Recreation Improvement	5019
Fund (Fund 035) are determined to be capital improvements and	5020
capital facilities for parks and recreation and are designated as	5021
the capital facilities to which proceeds of obligations in the	5022
Parks and Recreation Improvement Fund, created by section 154.22	5023
of the Revised Code, are to be applied.	5024

Section 25.02. (A) No capital improvement appropriations made	5025
in Section 25 of this act shall be released for planning or for	5026
improvement, renovation, construction, or acquisition of capital	5027
facilities if a governmental agency, as defined in section 154.01	5028
of the Revised Code, does not own the real property that	5029
constitutes the capital facilities or on which the capital	5030
facilities are or will be located. This restriction does not apply	5031
in any of the following circumstances:	5032

(1) The governmental agency has a long-term (at least fifteen	5033
years) lease of, or other interest (such as an easement) in, the	5034
real property.	5035

(2) In the case of an appropriation for capital facilities	5036
for parks and recreation that, because of their unique nature or	5037
location, will be owned or be part of facilities owned by a	5038
separate nonprofit organization and made available to the	5039
governmental agency for its use or operated by the nonprofit	5040
organization under contract with the governmental agency, the	5041
nonprofit organization either owns or has a long-term (at least	5042
fifteen years) lease of the real property or other capital	5043
facility to be improved, renovated, constructed, or acquired and	5044
has entered into a joint or cooperative use agreement, approved by	5045
the Department of Natural Resources, with the governmental agency	5046
for that agency's use of and right to use the capital facilities	5047
to be financed and, if applicable, improved, the value of such use	5048
or right to use being, as determined by the parties, reasonably	5049
related to the amount of the appropriation.	5050

(B) In the case of capital facilities referred to in division	5051
(A)(2) of this section, the joint or cooperative use agreement	5052
shall include, as a minimum, provisions that:	5053

(1) Specify the extent and nature of that joint or	5054
cooperative use, extending for not fewer than fifteen years, with	5055
the value of such use or right to use to be, as determined by the	5056
parties and approved by the applicable department, reasonably	5057
related to the amount of the appropriation;	5058

(2) Provide for pro rata reimbursement to the state should	5059
the arrangement for joint or cooperative use by a governmental	5060
agency be terminated; and	5061

(3) Provide that procedures to be followed during the capital	5062
improvement process will comply with appropriate applicable state	5063
laws and rules, including provisions of this act.	5064

Section 26. All items set forth in this section are hereby	5065
appropriated out of any moneys in the state treasury to the credit	5066
of the State Capital Improvements Fund (Fund 038) created by	5067
section 164.08 of the Revised Code and derived from the proceeds	5068
of obligations heretofore authorized to pay costs of capital	5069
facilities as defined in section 151.01 of the Revised Code for	5070
local infrastructure purposes.	5071

Reappropriations

PWC PUBLIC WORKS COMMISSION

5072

Ohio Small Government Capital Improvement Commission

5073

The appropriations in this section shall be used in	5099
accordance with sections 164.01 to 164.12 of the Revised Code. All	5100
expenditures made from these appropriations shall be approved by	5101
the Director of the Public Works Commission. The Director of the	5102
Public Works Commission shall not allocate funds in amounts	5103
greater than those amounts appropriated by the General Assembly.	5104

Section 27.  All items set forth in this section are hereby	5105
appropriated out of any moneys in the state treasury to the credit	5106
of the State Capital Improvements Revolving Loan Fund (Fund 040)	5107
and derived from repayments of loans made to local subdivisions	5108
for capital improvements, investment earnings on moneys in the	5109
fund, and moneys obtained from federal or private grants or from	5110
other sources for the purpose of making loans for the purpose of	5111
financing or assisting in the financing of the cost of capital	5112
improvement projects of local subdivisions.	5113

Reappropriations

PWC PUBLIC WORKS COMMISSION

5114

The appropriations in this section shall be used in	5140
accordance with sections 164.01 to 164.12 of the Revised Code. All	5141
expenditures made from these appropriations shall be approved by	5142
the Director of the Public Works Commission. The Director of the	5143
Public Works Commission shall not allocate funds in amounts	5144
greater than those amounts appropriated by the General Assembly.	5145

Section 28.  All items set forth in this section are hereby	5146
appropriated out of any moneys in the state treasury to the credit	5147
of the Clean Ohio Conservation Fund (Fund 056) created by section	5148
164.27 of the Revised Code and derived from the proceeds of	5149
obligations heretofore authorized to pay the costs of capital	5150
facilities or projects as defined in section 151.01 of the Revised	5151
Code for conservation purposes:	5152

Reappropriations

PWC PUBLIC WORKS COMMISSION

5153

Section 29. All items set forth in this section are hereby	5158
appropriated out of any moneys in the state treasury to the credit	5159
of the Clean Ohio Agricultural Easement Fund (Fund 057) and	5160
derived from the proceeds of obligations heretofore authorized to	5161
pay the costs of capital facilities or projects as defined in	5162
section 151.01 of the Revised Code for conservation purposes:	5163

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

5164

AGRICULTURAL EASEMENT PURCHASE

5168

The foregoing appropriation item CAP-047, Clean Ohio	5169
Agricultural Easement Fund, shall be used in accordance with	5170
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	5171
Code.	5172

Section 30. All items set forth in this section are hereby	5173
appropriated out of any moneys in the state treasury to the credit	5174
of the Clean Ohio Trail Fund (Fund 061) and derived from the	5175
proceeds of obligations heretofore authorized to pay the costs of	5176
capital facilities or projects as defined in section 151.01 of the	5177
Revised Code for conservation purposes:	5178

DNR DEPARTMENT OF NATURAL RESOURCES	5179

Reappropriations

Section 31. All items set forth in this section are hereby	5184
appropriated out of any moneys in the state treasury to the credit	5185
of the Administrative Building Fund (Fund 026) and derived from	5186
the proceeds of obligations heretofore authorized to pay the costs	5187
of capital facilities, as defined in section 152.09 of the Revised	5188
Code, for the following capital improvements:	5189

Appropriations

OVH VETERANS' HOME	5190

Section 32. All items set forth in this section are hereby	5194
appropriated out of any moneys in the state treasury to the credit	5195
of the State Capital Improvements Fund (Fund 038) and derived from	5196
the proceeds of obligations heretofore and herein authorized to	5197
pay costs of capital facilities as defined in section 151.01 of	5198
the Revised Code for local infrastructure purposes.	5199

Appropriations

PWC PUBLIC WORKS COMMISSION

5200

The foregoing appropriation item CAP-150, Local Public	5204
Infrastructure, shall be used in accordance with sections 164.01	5205
to 164.12 of the Revised Code. The Director of the Public Works	5206
Commission may certify to the Director of Budget and Management	5207
that a need exists to appropriate investment earnings to be used	5208
in accordance with sections 164.01 to 164.12 of the Revised Code.	5209
If the Director of Budget and Management determines pursuant to	5210
division (D) of section 164.08 and section 164.12 of the Revised	5211
Code that investment earnings are available to support additional	5212
appropriations, such amounts are hereby appropriated.	5213

Section 33.  The Treasurer of State is hereby authorized	5214
pursuant to section 164.09 of the Revised Code to issue and sell,	5215
in accordance with Section 2m of Article VIII, Ohio Constitution,	5216
and sections 164.01 to 164.12 of the Revised Code, original	5217
obligations of the State of Ohio, in an aggregate principal amount	5218
not to exceed $240,000,000, in addition to the original	5219
obligations heretofore authorized by prior acts of the General	5220
Assembly. These authorized obligations shall be issued and sold	5221
from time to time and in amounts necessary to ensure sufficient	5222
moneys to the credit of the State Capital Improvements Fund (Fund	5223
038) to pay costs charged to that fund, as estimated by the	5224
Director of Budget and Management.	5225

Section 34.  All items set forth in this section are hereby	5226
appropriated out of any moneys in the state treasury to the credit	5227
of the State Capital Improvements Revolving Loan Fund (Fund 040).	5228
Revenues to the State Capital Improvements Revolving Loan Fund	5229
shall consist of all repayments of loans made to local	5230
subdivisions for capital improvements, investment earnings on	5231
moneys in the fund, and moneys obtained from federal or private	5232
grants or from other sources for the purpose of making loans for	5233
the purpose of financing or assisting in the financing of the cost	5234
of capital improvement projects of local subdivisions.	5235

PWC PUBLIC WORKS COMMISSION

5236

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	5241
shall be used in accordance with sections 164.01 to 164.12 of the	5242
Revised Code.	5243

Section 35. CERTIFICATION OF AVAILABILITY OF MONEYS

5244

No moneys that require release shall be expended from any	5245
appropriation contained in this act without certification of the	5246
Director of Budget and Management that there are sufficient moneys	5247
in the state treasury in the fund from which the appropriation is	5248
made. Such certification made by the Office of Budget and	5249
Management shall be based on estimates of revenue, receipts, and	5250
expenses. Nothing herein shall be construed as a limitation on	5251
the authority of the Director of Budget and Management as granted	5252
in section 126.07 of the Revised Code.	5253

Section 36.  The appropriations made in this act, excluding	5254
those made to the State Capital Improvement Fund (Fund 038) and	5255
the State Capital Improvements Revolving Loan Fund (Fund 040) for	5256
buildings or structures, including remodeling and renovations, are	5257
limited to:	5258

(A) Acquisition of real property;

5259

(B) Buildings and structures, which includes construction,	5260
demolition, complete heating, lighting, and lighting fixtures, and	5261
all necessary utilities, ventilating, plumbing, sprinkling, and	5262
sewer systems, when such systems are authorized or necessary;	5263

(C) Architectural, engineering, and professional services	5264
expenses directly related to the projects;	5265

(D) Machinery that is a part of structures at the time of	5266
initial acquisition or construction;	5267

(E) Acquisition, development, and deployment of new computer	5268
systems, including the redevelopment or integration of existing	5269
and new computer systems, but excluding regular or ongoing	5270
maintenance or support agreements;	5271

(F) Equipment that meets all the following criteria:

5272

(1) The equipment is essential in bringing the facility up	5273
to its intended use.	5274

(2) The unit cost of the equipment, and not the individual	5275
parts of a unit, is about $100 or more.	5276

(3) The equipment has a useful life of five years or more.

5277

(4) The equipment is necessary for the functioning of a	5278
particular facility.	5279

(5) The equipment will be used primarily in the rooms or	5280
areas covered in the project.	5281

No equipment shall be paid for from these appropriations that	5282
is not an integral part of or directly related to the basic	5283
purpose or function of a project for which moneys are	5284
appropriated, including, but not limited to, motor vehicles,	5285
adding machines, calculators, dictating machines, computers and	5286
computer peripherals, typewriters, word processors, or other items	5287
that are used for normal supplies and maintenance.	5288

Section 37.  Any request for release of capital	5289
appropriations by the Director of Budget and Management or the	5290
Controlling Board of capital appropriations for projects, the	5291
contracts for which are awarded by the Department of	5292
Administrative Services, shall contain a contingency reserve, the	5293
amount of which shall be determined by the Department of	5294
Administrative Services, for payment of unanticipated project	5295
expenses. Any amount deducted from the encumbrance for a	5296
contractor's contract as an assessment for liquidated damages	5297
shall be added to the encumbrance for the contingency reserve.	5298
Contingency reserve funds shall be used to pay costs resulting	5299
from unanticipated job conditions, to comply with rulings	5300
regarding building and other codes, to pay costs related to errors	5301
or omissions in contract documents, to pay costs associated with	5302
changes in the scope of work, and to pay the cost of settlements	5303
and judgments related to the project.	5304

Upon completion of a project, should any funds remain, such	5305
remaining funds may, upon approval of the Controlling Board, be	5306
released for the use of the institution to which the appropriation	5307
was made for another capital facilities project or projects.	5308

Section 38. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	5309
PROJECTS	5310

Notwithstanding sections 123.01 and 123.15 of the Revised	5311
Code, the Director of Administrative Services may authorize the	5312
Departments of Mental Health, Mental Retardation and Developmental	5313
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	5314
Jobs and Family Services, Rehabilitation and Correction, Youth	5315
Services, Public Safety, and Transportation, the Ohio Veterans'	5316
Home, and the Rehabilitation Services Commission to administer any	5317
capital facilities projects when the estimated cost, including	5318
design fees, construction, equipment, and contingency amounts, is	5319
less than $1,500,000. Requests for authorization to administer	5320
capital facilities projects shall be made in writing to the	5321
Director of Administrative Services by the respective state agency	5322
within sixty days after the effective date of the act in which the	5323
General Assembly initially makes an appropriation for the project.	5324

The director of a state agency authorized by the Director of	5325
Administrative Services to administer capital facilities projects	5326
pursuant to this section shall comply with the procedures and	5327
guidelines established in Chapter 153. of the Revised Code. Upon	5328
the release of funds for such projects by the Controlling Board or	5329
the Director of Budget and Management, the agency may administer	5330
the capital project without the supervision, control, or approval	5331
of the Director of Administrative Services.	5332

Section 39. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	5333
THE STATE	5334

Except as otherwise provided in this section, an	5335
appropriation contained in this act or any other act may be used	5336
for the purpose of satisfying judgments, settlements, or	5337
administrative awards ordered or approved by the Court of Claims	5338
or by any other court of competent jurisdiction in connection with	5339
civil actions against the state. This authorization shall not	5340
apply to appropriations to be applied to or used for payment of	5341
guarantees by or on behalf of the state or for payments under	5342
lease agreements relating to or debt service on bonds, notes, or	5343
other obligations of the state. Notwithstanding any other section	5344
of law to the contrary, this authorization includes appropriations	5345
from funds into which proceeds or direct obligations of the state	5346
are deposited only to the extent that the judgment, settlement, or	5347
administrative award is for or represents capital costs for which	5348
the appropriation may otherwise be used and is consistent with the	5349
purpose for which any related bonds were issued. Nothing contained	5350
in this section is intended to subject the state to suit in any	5351
forum in which it is not otherwise subject to suit, or is it	5352
intended to waive or compromise any defense or right available to	5353
the state in any suit against it.	5354

Section 40. Notwithstanding section 126.14 of the Revised	5355
Code, appropriations for appropriation items CAP-002, Local Jails,	5356
and CAP-003, Community-Based Correctional Facilities, appropriated	5357
from the Adult Correctional Building Fund (Fund 027) to the	5358
Department of Rehabilitation and Correction shall be released upon	5359
the written approval of the Director of Budget and Management. The	5360
appropriations from the Public School Building Fund (Fund 021),	5361
the Education Facilities Trust Fund (Fund N87), and the School	5362
Building Program Assistance Fund (Fund 032) to the School	5363
Facilities Commission, from the Transportation Building Fund	5364
(Fund 029) to the Department of Transportation, from the Clean	5365
Ohio Conservation Fund (Fund 056) to the Public Works Commission,	5366
and appropriations from the State Capital Improvement Fund (Fund	5367
038) and the State Capital Improvements Revolving Loan Fund (Fund	5368
040) to the Public Works Commission shall be released upon	5369
presentation of a request to release the funds, by the agency to	5370
which the appropriation has been made, to the Director of Budget	5371
and Management.	5372

Section 41.  Except as provided in section 4115.04 of the	5373
Revised Code, no moneys appropriated or reappropriated by the	5374
124th General Assembly shall be used for the construction of	5375
public improvements, as defined in section 4115.03 of the Revised	5376
Code, unless the mechanics, laborers, or workers engaged therein	5377
are paid the prevailing rate of wages as prescribed in section	5378
4115.04 of the Revised Code. Nothing in this section shall affect	5379
the wages and salaries established for state employees under the	5380
provisions of Chapter 124. of the Revised Code, or collective	5381
bargaining agreements entered into by the state pursuant to	5382
Chapter 4117. of the Revised Code, while engaged on force account	5383
work, nor shall this section interfere with the use of inmate and	5384
patient labor by the state.	5385

Section 42. CAPITAL FACILITIES LEASES

5386

Capital facilities for which appropriations are made from the	5387
Administrative Building Fund (Fund 026), the Adult Correctional	5388
Building Fund (Fund 027), the Juvenile Correctional Building Fund	5389
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	5390
be leased by the Ohio Building Authority to the Department of	5391
Youth Services, the Arts and Sports Facilities Commission, the	5392
Department of Administrative Services, and the Department of	5393
Rehabilitation and Correction, and other agreements may be made by	5394
the Ohio Building Authority and the departments with respect to	5395
the use or purchase of such capital facilities, or subject to the	5396
approval of the director of the department or the commission, the	5397
Ohio Building Authority may lease such capital facilities to, and	5398
make other agreements with respect to the use or purchase thereof	5399
with, any governmental agency or nonprofit corporation having	5400
authority under law to own, lease, or operate such capital	5401
facilities. The director of the department or the commission may	5402
sublease such capital facilities to, and make other agreements	5403
with respect to the use or purchase thereof with, any such	5404
governmental agency or nonprofit corporation, which may include	5405
provisions for transmittal of receipts of that agency or nonprofit	5406
corporation of any charges for the use of such facilities, all	5407
upon such terms and conditions as the parties may agree upon and	5408
any other provision of law affecting the leasing, acquisition, or	5409
disposition of capital facilities by such parties.	5410

Section 43.  The Director of Budget and Management shall	5411
authorize both of the following:	5412

(A) The initial release of moneys for projects from the	5413
funds into which proceeds of direct obligations of the state are	5414
deposited.	5415

(B) The expenditure or encumbrance of moneys from funds into	5416
which proceeds of direct obligations are deposited, only after	5417
determining to the director's satisfaction that either of the	5418
following apply:	5419

(1) The application of such moneys to the particular project	5420
will not negatively affect any exemption or exclusion from federal	5421
income tax of the interest or interest equivalent on obligations,	5422
issued to provide moneys to the particular fund.	5423

(2) Moneys for the project will come from the proceeds of	5424
obligations, the interest on which is not so excluded or exempt	5425
and which have been authorized as "taxable obligations" by the	5426
issuing authority.	5427

The director shall report any nonrelease of moneys pursuant	5428
to this section to the Governor, the presiding officer of each	5429
house of the General Assembly, and the agency for the use of which	5430
the project is intended.	5431

Section 44. SCHOOL FACILITIES ENCUMBRANCES AND	5432
REAPPROPRIATION	5433

At the request of the Executive Director of the Ohio School	5434
Facilities Commission, the Director of Budget and Management may	5435
cancel encumbrances for school district projects from a previous	5436
biennium if the district has not raised its local share of project	5437
costs within one year of receiving Controlling Board approval in	5438
accordance with section 3318.05 of the Revised Code. The Executive	5439
Director of the Ohio School Facilities Commission shall certify	5440
the amounts of these canceled encumbrances to the Director of	5441
Budget and Management on a quarterly basis. The amounts of the	5442
canceled encumbrances are hereby appropriated.	5443

Section 45. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	5444
OF CAPITAL APPROPRIATIONS	5445

(A) An unexpended balance of a capital appropriation or	5446
reappropriation that a state agency has lawfully encumbered prior	5447
to the close of a capital biennium is hereby reappropriated for	5448
the following capital biennium from the fund from which it was	5449
originally appropriated or was reappropriated and shall be used	5450
only for the purpose of discharging the encumbrance in the	5451
following capital biennium. For those encumbered appropriations or	5452
reappropriations, any Controlling Board approval previously	5453
granted and referenced by the encumbering document remains in	5454
effect until the encumbrance is discharged in the following	5455
capital biennium or until the encumbrance expires at the end of	5456
the following capital biennium.	5457

(B) At the end of the reappropriation period provided for by	5458
division (A) of this section, an unexpended balance of a capital	5459
appropriation or reappropriation that remains encumbered at the	5460
end of that period is hereby reappropriated for the next capital	5461
biennium from the fund from which it was originally appropriated	5462
or was reappropriated and shall be used only for the purpose of	5463
discharging the encumbrance in the next capital biennium. For	5464
those encumbered appropriations or reappropriations, any	5465
Controlling Board approval previously granted and referenced by	5466
the encumbering document remains in effect until the encumbrance	5467
is discharged in the next capital biennium or until the	5468
encumbrance expires at the end of the next capital biennium.	5469

(C) At the end of the reappropriation period provided for by	5470
division (B) of this section, a reappropriation made pursuant to	5471
division (B) of this section shall lapse, and the encumbrance	5472
shall expire.	5473

(D) If an encumbrance expired pursuant to division (C) of	5474
this section, the Director of Budget and Management may	5475
re-establish the encumbrance as provided in this division. If a	5476
reappropriation for a project is made by the General Assembly for	5477
the biennium immediately following the biennium in which an	5478
encumbrance for that project expired, the Director of Budget and	5479
Management may re-establish the encumbrance in an amount not to	5480
exceed the amount of the expired encumbrance, in the name of the	5481
contractor named in the expired encumbrance, and for the same	5482
purpose specified in the expired encumbrance. The encumbrance	5483
shall be charged against the reappropriation for the project. The	5484
amount re-encumbered shall be used only for the purpose of	5485
discharging the encumbrance in the capital biennium for which the	5486
reappropriation was made. For those re-encumbered	5487
reappropriations, any Controlling Board approval previously	5488
granted and referenced by the expired encumbering document remains	5489
in effect until the encumbrance is discharged or expires at the	5490
end of the capital biennium for which the reappropriation was	5491
made. If any portion of the amount re-encumbered by the Director	5492
of Budget and Management under this division is not expended prior	5493
to the close of the capital biennium for which the reappropriation	5494
was made, that amount is hereby reappropriated for the following	5495
capital biennium as provided for in division (A) of this section	5496
and subject to the provisions of division (A) of this section.	5497

Section 46.  Capital reappropriations in this act that have	5498
been released by the Controlling Board or the Director of Budget	5499
and Management between June 30, 2000, and July 1, 2002, do not	5500
require further approval or release prior to being encumbered.	5501
Funds reappropriated in excess of such prior releases shall be	5502
released in accordance with applicable provisions of this act.	5503

Section 47.  Unless otherwise specified, the reappropriations	5504
made in this act represent the unencumbered and unallotted	5505
balances of prior years' capital improvements appropriations	5506
estimated to be available on June 30, 2002. The actual balances	5507
on June 30, 2002, for the appropriation items in this act are	5508
hereby reappropriated. Additionally, there is hereby	5509
reappropriated the unencumbered and unallotted balances on June	5510
30, 2002, of any appropriation items either reappropriated in	5511
Sub. S.B. 245 of the 123rd General Assembly or appropriated in	5512
Sub. H.B. 640 of the 123rd General Assembly, or created by the	5513
Controlling Board pursuant to section 127.15 of the Revised Code	5514
from appropriation items in Sub. S.B. 245 and Am. Sub. H.B. 640,	5515
both of the 123rd General Assembly, and this act, if the Director	5516
of Budget and Management determines that such balances are needed	5517
to complete the projects for which they were reappropriated or	5518
appropriated. The appropriation items and amounts that are	5519
reappropriated by this act shall be reported to the Controlling	5520
Board within 30 days after the effective date of this section.	5521

Section 48.  No appropriation for a health care facility	5522
authorized under this act may be released until the requirements	5523
of sections 3702.51 to 3702.68 of the Revised Code have been met.	5524

Section 49.  All proceeds received by the state as a result	5525
of litigation, judgments, settlements, or claims, filed by or on	5526
behalf of any state agency as defined by section 1.60 of the	5527
Revised Code or state-supported or state-assisted institution of	5528
higher education, for damages or costs resulting from the use,	5529
removal, or hazard abatement of asbestos materials shall be	5530
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	5531
All funds deposited into the Asbestos Abatement Distribution Fund	5532
are hereby appropriated to the Attorney General. To the extent	5533
practicable, the proceeds placed in the Asbestos Abatement	5534
Distribution Fund shall be divided among the state agencies and	5535
state-supported or state-assisted institutions of higher education	5536
in accordance with the general provisions of the litigation	5537
regarding the percentage of recovery. Distribution of the	5538
proceeds to each state agency or state-supported or state-assisted	5539
institution of higher education shall be made in accordance with	5540
the Asbestos Abatement Distribution Plan to be developed by the	5541
Attorney General, the Division of Public Works within the	5542
Department of Administrative Services, and the Office of Budget	5543
and Management.	5544

In those circumstances where asbestos litigation proceeds are	5545
for reimbursement of expenditures made with funds outside the	5546
state treasury or damages to buildings not constructed with state	5547
appropriations, direct payments shall be made to the affected	5548
institutions of higher education. Any proceeds received for	5549
reimbursement of expenditures made with funds within the state	5550
treasury or damages to buildings occupied by state agencies shall	5551
be distributed to the affected agencies with an intrastate	5552
transfer voucher to the funds identified in the Asbestos Abatement	5553
Distribution Plan.	5554

Such proceeds shall be used for additional asbestos abatement	5555
or encapsulation projects, or for other capital improvements,	5556
except that proceeds distributed to the General Revenue Fund and	5557
other funds that are not bond improvement funds may be used for	5558
any purpose. The Controlling Board may, for bond improvement	5559
funds, create appropriation items or increase appropriation	5560
authority in existing appropriation items equaling the amount of	5561
such proceeds. Such amounts approved by the Controlling Board are	5562
hereby appropriated. Such proceeds deposited in bond improvement	5563
funds shall not be expended until released by the Controlling	5564
Board, which shall require certification by the Director of Budget	5565
and Management that such proceeds are sufficient and available to	5566
fund the additional anticipated expenditures.	5567

Section 50.  The capital improvements for which	5568
appropriations are made in this act from Sports Facilities	5569
Building Fund, (Fund 024), the Highway Safety Building Fund (Fund	5570
025), the Administrative Building Fund (Fund 026), the Adult	5571
Correctional Building Fund (Fund 027), the Juvenile Correctional	5572
Building Fund (Fund 028), the Transportation Building Fund (Fund	5573
029), and the Arts Facilities Building Fund (Fund 030) are	5574
determined to be capital improvements and capital facilities for	5575
housing state agencies and branches of state government and are	5576
designated as capital facilities to which proceeds of obligations	5577
issued under Chapter 152. of the Revised Code are to be applied.	5578

Section 51.  Upon the request of the agency to which a	5579
capital project appropriation item is appropriated, the Director	5580
of Budget and Management may transfer open encumbrance amounts	5581
between separate encumbrances for the project appropriation item	5582
to the extent that any reductions in encumbrances are agreed to by	5583
the contracting vendor and the agency.	5584

Section 52.  Any proceeds received by the State of Ohio as	5585
the result of litigation or a settlement agreement related to any	5586
liability for the planning, design, engineering, construction, or	5587
constructed management of such facilities operated by the	5588
Department of Administrative Services shall be deposited into the	5589
Administrative Building Fund (Fund 026).	5590

Section 53.  The balance in the Vocational School Building	5591
Assistance Fund (Fund 020), and all receipts and interest accruing	5592
to the fund from any source during the period of this act, are	5593
hereby appropriated to the Department of Education. The	5594
appropriation shall be used pursuant to section 3317.21 of the	5595
Revised Code.	5596

Section 54. Sections 3 to 53 of this act shall remain in full	5597
force and effect commencing on July 1, 2002, and terminating on	5598
June 30, 2004, for the purpose of drawing money from the state	5599
treasury in payment of liabilities lawfully incurred hereunder,	5600
and on June 30, 2004, and not before, the moneys hereby	5601
appropriated shall lapse into the funds from which they are	5602
severally appropriated. If, under Ohio Constitution, Article II,	5603
Section 1c, Sections 3 to 53 of this act do not take effect until	5604
after July 1, 2002, Sections 3 to 53 of this act shall be and	5605
remain in full force and effect commencing on that later effective	5606
date.	5607

Section 55.  NOTARY COMMISSION TRANSFER

5608

Upon the effective date of this section or as soon thereafter	5609
as possible, the Director of Budget and Management shall transfer	5610
$150,000 in cash from Fund 412, the Notary Commission Fund, to	5611
Fund 414, the Citizen Education Fund.	5612

Section 56. That Sections 4.03 and 5.04 of Sub. H.B. 73 of	5613
the 124th General Assembly be amended to read as follows:	5614

"       Sec. 4.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	5615
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, AVIATION,	5616
AND ADMINISTRATION	5617

The Director of Budget and Management may approve requests	5618
from the Department of Transportation for transfer of	5619
appropriations for highway planning and research (appropriation	5620
items 771-411 and 771-412), highway construction (appropriation	5621
items 772-421, 772-422, and 772-424), highway maintenance	5622
(appropriation item 773-431), aviation (appropriation item	5623
777-475), and highway administration (appropriation item 779-491).	5624
Transfers of appropriations may be made upon the written request	5625
of the Director of Transportation and with the approval of the	5626
Director of Budget and Management. Such transfers shall be	5627
reported to the Controlling Board at the next regularly scheduled	5628
meeting of the board.	5629

This transfer authority is intended to provide for emergency	5630
situations and flexibility to meet unforeseen conditions that	5631
could arise during the budget period. It also is intended to	5632
allow the department to optimize the use of available resources	5633
and adjust to circumstances affecting the obligation and	5634
expenditure of federal funds.	5635

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	5636
TRANSIT	5637

The Director of Budget and Management may approve requests	5638
from the Department of Transportation for the transfer of	5639
appropriations between appropriation items 772-422, Highway	5640
Construction - Federal, and 775-452, Public Transportation -	5641
Federal, based upon transit capital projects meeting Federal	5642
Highway Administration and Federal Transit Administration funding	5643
guidelines. Transfers between these appropriation items may be	5644
made upon the written request of the Director of Transportation	5645
and with the approval of the Director of Budget and Management.	5646
Such transfers shall be reported to the Controlling Board at its	5647
next regularly scheduled meeting.	5648

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

5649

The Director of Budget and Management may approve requests	5650
from the Department of Transportation for transfer of	5651
appropriations and cash of the Infrastructure Bank funds created	5652
in section 5531.09 of the Revised Code, including transfers	5653
between fiscal years 2002 and 2003. Such transfers shall be	5654
reported to the Controlling Board at its next regularly scheduled	5655
meeting. However, the director may not make transfers out of debt	5656
service and lease payment appropriation items unless the director	5657
determines that the appropriated amounts exceed the actual and	5658
projected debt, rental, or lease payments.	5659

The Director of Budget and Management may approve requests	5660
from the Department of Transportation for transfer of	5661
appropriations and cash from the Highway Operating Fund (Fund 002)	5662
to the Infrastructure Bank funds created in section 5531.09 of the	5663
Revised Code. The Director of Budget and Management may transfer	5664
from the Infrastructure Bank funds to the Highway Operating Fund	5665
up to the amounts originally transferred to the Infrastructure	5666
Bank funds under this section. Such transfers shall be reported	5667
to the Controlling Board at its next regularly scheduled meeting.	5668
However, theThe director may not make transfers between modes and	5669
transfers between different funding sources with the exception of	5670
transfers that may be needed to make required payments on state	5671
Infrastructure Bank obligations.	5672

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

5673

In the event that receipts or unexpended balances credited to	5674
the Highway Operating Fund exceed the estimates upon which the	5675
appropriations have been made in this actSub. H.B. 73 of the	5676
124th General Assembly, upon the request of the Director of	5677
Transportation, the Controlling Board may increase appropriation	5678
authority in the manner prescribed in section 131.35 of the	5679
Revised Code.	5680

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

5681

In the event that receipts or unexpended balances credited to	5682
the Highway Operating Fund or apportionments or allocations made	5683
available from the federal and local government exceed the	5684
estimates upon which the appropriations have been made in this act	5685
Sub. H.B. 73 of the 124th General Assembly, upon the request of	5686
the Director of Transportation, the Controlling Board may increase	5687
appropriation authority in the manner prescribed in section 131.35	5688
of the Revised Code.	5689

REAPPROPRIATIONS

5690

All appropriations of the Highway Operating Fund (Fund 002),	5691
the Highway Capital Improvement Fund (Fund 042), and the	5692
Infrastructure Bank funds created in section 5531.09 of the	5693
Revised Code remaining unencumbered on June 30, 2001, and the	5694
unexpended balance of prior years' appropriations that	5695
subsequently become unencumbered after June 30, 2001, subject to	5696
the availability of revenue as determined by the Director of	5697
Transportation, are hereby reappropriated for the same purpose in	5698
fiscal year 2002 upon the request of the Director of	5699
Transportation and with the approval of the Director of Budget and	5700
Management. Such reappropriations shall be reported to the	5701
Controlling Board.	5702

All appropriations of the Highway Operating Fund (Fund 002),	5703
the Highway Capital Improvement Fund (Fund 042), and the	5704
Infrastructure Bank funds created in section 5531.09 of the	5705
Revised Code remaining unencumbered as of June 30, 2002, and the	5706
unexpended balance of prior years' appropriations that	5707
subsequently become unencumbered after June 30, 2002, subject to	5708
the availability of revenue as determined by the Director of	5709
Transportation, are hereby reappropriated for use during fiscal	5710
year 2003 for the same purpose, upon the request of the Director	5711
of Transportation and with the approval of the Director of Budget	5712
and Management. The department shall report all such	5713
reappropriations to the Controlling Board.	5714

Sec. 5.04.  INVESTIGATIVE UNIT

5715

State Highway Safety Fund Group

5716

Liquor Control Fund Group

5721

State Special Revenue Fund Group

5725

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	5731
EQUIPMENT	5732

The Director of Public Safety, using intrastate transfer	5733
vouchers, shall make cash transfers to the State Highway Safety	5734
Fund (Fund 036) from other funds to reimburse the State Highway	5735
Safety Fund for its share of lease rental payments to the Ohio	5736
Building Authority that are associated with appropriation item	5737
CAP-076, Investigative Unit MARCS Equipment."	5738

Section 57. That existing Sections 4.03 and 5.04 of Sub. H.B.	5739
73 of the 124th General Assembly are hereby repealed.	5740

Section 58. That Sections 13, 13.01, 13.05, and 13.12 of Am.	5741
Sub. H.B. 94 of the 124th General Assembly be amended to read as	5742
follows:	5743

"       Sec. 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5744

General Revenue Fund

5745

General Services Fund Group

5769

Intragovernmental Service Fund Group

5794

Agency Fund Group

5799

Holding Account Redistribution Fund Group

5803

Sec. 13.01.  AGENCY AUDIT EXPENSES

5810

Of the foregoing appropriation item 100-405, Agency Audit	5811
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	5812
fiscal year 2003 shall be used to subsidize the operations of the	5813
Central Service Agency. The Department of Administrative Services	5814
shall transfer cash from appropriation item 100-405, Agency Audit	5815
Expenses, to the Central Service Agency Fund (Fund 115) using an	5816
intrastate transfer voucher.	5817

Of the foregoing appropriation item 100-405, Agency Audit	5818
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	5819
year 2003 shall be used for the Department of Administrative	5820
Services' GRF appropriation item-related auditing expenses. The	5821
remainder of the appropriation shall be used for auditing expenses	5822
designated in division (A)(1) of section 117.13 of the Revised	5823
Code for those state agencies audited on a biennial basis.	5824

VETERANS' RECORDS CONVERSION

5825

The unencumbered balance of appropriation item 100-410,	5826
Veterans' Records Conversion, at the end of fiscal year 2002 shall	5827
be transferred to fiscal year 2003 for use under the same	5828
appropriation item.	5829

Sec. 13.05.  CENTRAL SERVICE AGENCY FUND

5830

In order to complete the migration of the licensing	5831
applications of the professional licensing boards to a local area	5832
network, the Director of Budget and Management may, at the request	5833
of the Director of Administrative Services, cancel related	5834
encumbrances in the Central Service Agency Fund (Fund 115) and	5835
reestablish these encumbrances in fiscal year 2002 for the same	5836
purpose and to the same vendor. The Director of Budget and	5837
Management shall reduce the appropriation balance in fiscal year	5838
2001 by the amount of encumbrances canceled in Fund 115. As	5839
determined by the Director of Budget and Management, the amount	5840
necessary to reestablish such encumbrances or parts of	5841
encumbrances in fiscal year 2002 in the Central Service Agency	5842
Fund (Fund 115) is appropriated.	5843

The Director of Budget and Management may transfer up to	5844
$399,000$671,219 in fiscal year 2002 and up to $354,000$562,249	5845
in fiscal year 2003 from the Occupational Licensing and Regulatory	5846
Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The	5847
Director of Budget and Management may transfer up to $34,000	5848
$61,781 in fiscal year 2002 and up to $30,000$51,751 in fiscal	5849
year 2003 from the State Medical Board Operating Fund (Fund 5C6)	5850
to the Central Service Agency Fund (Fund 115). The Director of	5851
Budget and Management may transfer up to $18,000 in fiscal year	5852
2002 and up to $16,000 in fiscal year 2003 from the Pharmacy Board	5853
Operating Fund (Fund 5N2) to the Central Service Agency Fund (Fund	5854
115). The appropriation item 100-632, Central Service Agency,	5855
shall be used to purchase the necessary equipment, products, and	5856
services to install and maintain a local area networkweb-based	5857
application for the professional licensing boards, and to support	5858
their licensing applications. The amount of the cash transfer is	5859
appropriated to appropriation item 100-632, Central Service	5860
Agency.	5861

Sec. 13.12. INVESTMENT RECOVERY FUND

5862

Notwithstanding division (B) of section 125.14 of the Revised	5863
Code, cash balances in the Investment Recovery Fund may be used to	5864
support the operating expenses of the Federal Surplus Operating	5865
Program created in sections 125.84 to 125.90 of the Revised Code.	5866

Notwithstanding division (B) of section 125.14 of the Revised	5867
Code, cash balances in the Investment Recovery Fund may be used to	5868
support the operating expenses of the State Property Inventory and	5869
Fixed Assets Management System Program.	5870

Of the foregoing appropriation item 100-602, Investment	5871
Recovery, up to $2,045,302 in fiscal year 2002 and up to	5872
$1,959,192 in fiscal year 2003 shall be used to pay the operating	5873
expenses of the State Surplus Property Program, the Surplus	5874
Federal Property Program, and the State Property Inventory and	5875
Fixed Assets Management System Program pursuant to Chapter 125. of	5876
the Revised Code and this section. If additional appropriations	5877
are necessary for the operations of these programs, the Director	5878
of Administrative Services shall seek increased appropriations	5879
from the Controlling Board under section 131.35 of the Revised	5880
Code.	5881

Of the foregoing appropriation item 100-602, Investment	5882
Recovery, $2,045,302$2,159,433 in fiscal year 2002 and $1,959,192	5883
$2,219,992 in fiscal year 2003 shall be used to transfer proceeds	5884
from the sale of surplus property from the Investment Recovery	5885
Fund to non-General Revenue Funds pursuant to division (A)(2) of	5886
section 125.14 of the Revised Code. If it is determined by the	5887
Director of Administrative Services that additional appropriations	5888
are necessary for the transfer of such sale proceeds, the Director	5889
of Administrative Services may request the Director of Budget and	5890
Management to increase the amounts. Such amounts are	5891
appropriated.	5892

Notwithstanding division (B) of section 125.14 of the Revised	5893
Code, the Director of Budget and Management, at the request of the	5894
Director of Administrative Services, shall transfer up to	5895
$2,500,000 of the amounts held for transfer to the General Revenue	5896
Fund from the Investment Recovery Fund (Fund 427) to the General	5897
Services Fund (Fund 117) during the biennium beginning July 1,	5898
2001, and ending June 30, 2003. The cash transferred to the	5899
General Services Fund shall be used to pay the operating expenses	5900
of the Competitive Sealed Proposal Program."	5901

Section 59. That existing Sections 13, 13.01, 13.05, and	5902
13.12 of Am. Sub. H.B. 94 of the 124th General Assembly are hereby	5903
repealed.	5904

Section 60. That Section 32 of Am. Sub. H.B. 94 of the 124th	5905
General Assembly, as amended by Sub. H.B. 386 of the 124th General	5906
Assembly, be amended to read as follows:	5907

"       Sec. 32.  COM DEPARTMENT OF COMMERCE

5908

General Revenue Fund

5909

General Services Fund Group

5913

Federal Special Revenue Fund Group

5918

State Special Revenue Fund Group

5924

Liquor Control Fund Group

5948

GRANTS-VOLUNTEER FIRE DEPARTMENTS

5956

The foregoing appropriation item 800-402, Grants-Volunteer	5957
Fire Departments, shall be used to make annual grants to volunteer	5958
fire departments of up to $10,000, or up to $25,000 if the	5959
volunteer fire department provides service for an area affected by	5960
a natural disaster. The grant program shall be administered by	5961
the Fire Marshal under the Department of Commerce. The Fire	5962
Marshal shall adopt rules necessary for the administration and	5963
operation of the grant program.	5964

Notwithstanding section 3737.17 of the Revised Code, upon the	5965
request of the Director of Commerce, the Director of Budget and	5966
Management shall transfer $200,000 cash in fiscal year 2002 and	5967
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	5968
(Fund 546) to the General Revenue Fund.	5969

Of the foregoing appropriation item 800-402, Grants-Volunteer	5970
Fire Departments, $200,000 in fiscal year 2002 shall be granted to	5971
the Monday Creek Fire Department.	5972

LABOR AND WORKER SAFETY

5973

The Department of Commerce may designate a portion of	5974
appropriation item 800-410, Labor and Worker Safety, to be used to	5975
match federal funding for the OSHA on-site consultation program.	5976

SMALL GOVERNMENT FIRE DEPARTMENTS

5977

Upon the request of the Director of Commerce, the Director of	5978
Budget and Management shall transfer $250,000 cash in each fiscal	5979
year from the State Fire Marshal Fund (Fund 546) within the State	5980
Special Revenue Fund Group to the Small Government Fire	5981
Departments Fund (Fund 5F1) within the General Services Fund	5982
Group.	5983

Notwithstanding section 3737.17 of the Revised Code, the	5984
foregoing appropriation item 800-635, Small Government Fire	5985
Departments, may be used to provide loans to private fire	5986
departments.	5987

PENALTY ENFORCEMENT

5988

The foregoing appropriation item 800-621, Penalty	5989
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	5990
of the Revised Code.	5991

On July 1, 2001, or as soon thereafter as possible, the	5992
Director of Budget and Management shall transfer the cash balance	5993
in the Penalty Enforcement Fund that was in the custody of the	5994
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	5995
created in the state treasury by section 4115.10 of the Revised	5996
Code. The fund shall be used for deposit of moneys received from	5997
penalties paid under section 4115.10 of the Revised Code.	5998

UNCLAIMED FUNDS PAYMENTS

5999

The foregoing appropriation item 800-625, Unclaimed	6000
Funds-Claims, shall be used to pay claims pursuant to section	6001
169.08 of the Revised Code. If it is determined that additional	6002
amounts are necessary, the amounts are appropriated.	6003

PREDATORY LENDING ENFORCEMENT

6004

Of the foregoing appropriation item 800-607, Consumer	6005
Finance, up to $125,000 in fiscal year 2002 and up to $250,000 in	6006
fiscal year 2003 shall be used for the enforcement of sections	6007
1349.25 to 1349.36 of the Revised Code.	6008

OFFICE OF CONSUMER AFFAIRS

6009

Of the foregoing appropriation item 800-607, Consumer	6010
Finance, up to $400,000 in fiscal year 2002 and up to $400,000 in	6011
fiscal year 2003 shall be used by the Department of Commerce for	6012
the operation of the Office of Consumer Affairs created in section	6013
1349.37 of the Revised Code, including outreach efforts to provide	6014
education regarding predatory lending, borrowing, and related	6015
financial topics through seminars, local government grants, public	6016
service announcements, and brochures. On or before August 1,	6017
2002, the Director of Budget and Management shall determine and	6018
certify to the Director of Commerce the total amount of	6019
unexpended, unobligated appropriations made to the Department for	6020
fiscal year 2002 for the purposes stated above. The amount so	6021
determined and certified by the Director of Budget and Management	6022
is hereby appropriated to appropriation item 800-607, Consumer	6023
Finance, in addition to any other amounts appropriated for fiscal	6024
year 2003, and is hereby earmarked for the purposes stated above.	6025

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

6026

The Director of Commerce may, upon concurrence by the	6027
Director of Budget and Management, submit to the Controlling Board	6028
for approval a request for increased appropriation authority for	6029
appropriation item 800-601, Merchandising.	6030

CASH BALANCE TRANSFER

6031

On July 1, 2001, or as soon thereafter as possible, the	6032
Director of Budget and Management shall transfer the cash balance	6033
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	6034
Fund (Fund 043) created in section 4301.12 of the Revised Code.	6035
Upon the completion of the transfer, the Salvage and Exchange	6036
Fund, which was created by the Controlling Board during the	6037
1973-1975 biennium, is abolished. The director shall cancel any	6038
existing encumbrances against appropriation item 800-634, Salvage	6039
and Exchange, and reestablish them against appropriation item	6040
800-627, Liquor Control Operating.	6041

DEVELOPMENT ASSISTANCE DEBT SERVICE

6042

The foregoing appropriation item 800-633, Development	6043
Assistance Debt Service, shall be used to meet all payments at the	6044
times they are required to be made during the period from July 1,	6045
2001, to June 30, 2003, for bond service charges on obligations	6046
issued under section 166.08 of the Revised Code, but limited to	6047
the aggregate amount of $32,275,900. If it is determined that	6048
additional appropriations are necessary for this purpose, such	6049
amounts are hereby appropriated, provided that the appropriation	6050
does not exceed $25,000,000 in any fiscal year, except as may be	6051
needed for payments on obligations issued to meet guarantees. The	6052
General Assembly acknowledges that an appropriation for this	6053
purpose is not required, but is made in this form and in this act	6054
Am. Sub. H.B. 94 of the 124th General Assembly for record purposes	6055
only.	6056

REVITALIZATION DEBT SERVICE

6057

The foregoing appropriation item 800-636, Revitalization Debt	6058
Service, shall be used to pay debt service and related financing	6059
costs during the period from July 1, 2001, to June 30, 2003, on	6060
obligations to be issued for revitalization purposes under Section	6061
2o of Article VIII, Ohio Constitution, and implementing	6062
legislation. If it is determined that additional appropriations	6063
are necessary for this purpose, such amounts are hereby	6064
appropriated. The General Assembly acknowledges: (A) the priority	6065
of the pledge of a portion of receipts from that source to	6066
obligations issued and to be issued and guarantees made and to be	6067
made under Chapter 166. of the Revised Code; and (B) that this	6068
appropriation is subject to further consideration pursuant to	6069
implementing legislationan appropriation for this purpose is not	6070
required, but is made in this form and in this act for record	6071
purposes only.	6072

ADMINISTRATIVE ASSESSMENTS

6073

Notwithstanding any other provision of law to the contrary,	6074
Fund 163, Administration, shall receive assessments from all	6075
operating funds of the department in accordance with procedures	6076
prescribed by the Director of Commerce and approved by the	6077
Director of Budget and Management."	6078

Section 61. That existing Section 32 of Am. Sub. H.B. 94 of	6079
the 124th General Assembly, as amended by Sub. H.B. 386 of the	6080
124th General Assembly, is hereby repealed.	6081

Section 62. That Section 45 of Am. Sub. H.B. 94 of the 124th	6082
General Assembly, as amended by Am. Sub. H.B. 405 of the 124th	6083
General Assembly, be amended to read as follows:	6084

"       Sec. 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	6085
COMMISSION	6086

General Revenue Fund

6087

General Services Fund Group

6097

STATEHOUSE NEWS BUREAU

6104

The foregoing appropriation item 374-401, Statehouse News	6105
Bureau, shall be used solely to support the operations of the Ohio	6106
Statehouse News Bureau.	6107

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

6108

The foregoing appropriation item 374-402, Ohio Government	6109
Telecommunications Studio, shall be used solely to support the	6110
operations of the Ohio Government Telecommunications Studio.	6111

OHIO SONET

6112

The foregoing appropriation item 374-403, Ohio SONET, shall	6113
be used by the Ohio Educational Telecommunications Network	6114
Commission to pay monthly operating expenses and maintenance of	6115
the television and radio transmission infrastructure.	6116

TELECOMMUNICATIONS OPERATING SUBSIDY

6117

The foregoing appropriation item 374-404, Telecommunications	6118
Operating Subsidy, shall be distributed by the Ohio Educational	6119
Telecommunications Network Commission to Ohio's qualified public	6120
educational television stations, radio reading services, and	6121
educational radio stations to support their operations. The funds	6122
shall be distributed pursuant to an allocation developed by the	6123
Ohio Educational Telecommunications Network Commission.	6124

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

6125

Beginning on January 1, 2002, General Service Fund 4T2,	6126
Government Television/Telecommunications Operating, currently	6127
under the direction of the Capital Square Review and Advisory	6128
Board, shall be transferred to the Ohio Educational	6129
Telecommunications Network Commission. The Director of Budget and	6130
Management shall transfer, by January 15, 2002, all remaining	6131
balances in General Services Fund 4T2, Government	6132
Television/Telecommunications Operating, in the Capital Square	6133
Review and Advisory Board to General Services Fund 4T2, Government	6134
Television/Telecommunications Operating, in the Ohio Educational	6135
Telecommunications Network Commission. General Services Fund 4T2,	6136
Government Television/Telecommunications Operating, is hereby	6137
created in the Ohio Educational Telecommunications Network	6138
Commission."	6139

Section 63. That existing Section 45 of Am. Sub. H.B. 94 of	6140
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	6141
124th General Assembly, is hereby repealed.	6142

Section 64. That Section 56.01 of Am. Sub. H.B. 94 of the	6143
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	6144
124th General Assembly, be amended to read as follows:	6145

"       Sec. 56.01. HEMOPHILIA SERVICES

6146

Of the foregoing appropriation item 440-406, Hemophilia	6147
Services, $205,000 in each fiscal year shall be used to implement	6148
the Hemophilia Insurance Pilot Project.	6149

Of the foregoing appropriation item 440-406, Hemophilia	6150
Services, up to $245,000 in each fiscal year shall be used by the	6151
Department of Health to provide grants to the nine hemophilia	6152
treatment centers to provide prevention services for persons with	6153
hemophilia and their family members affected by AIDS and other	6154
bloodborne pathogens.	6155

CANCER REGISTRY SYSTEM

6156

Of the foregoing appropriation item 440-412, Cancer Incidence	6157
Surveillance System, $50,000 in each fiscal year shall be provided	6158
to the Northern Ohio Cancer Resource Center.	6159

The remaining moneys in appropriation item 440-412, Cancer	6160
Incidence Surveillance System, shall be used to maintain and	6161
operate the Ohio Cancer Incidence Surveillance System pursuant to	6162
sections 3701.261 to 3701.263 of the Revised Code.	6163

No later than March 1, 2002, the Ohio Cancer Incidence	6164
Surveillance Advisory Board shall report to the General Assembly	6165
on the effectiveness of the cancer incidence surveillance system	6166
and the partnership between the Department of Health and the	6167
Arthur G. James Cancer Hospital and Richard J. Solove Research	6168
Institute of The Ohio State University.	6169

CHILD AND FAMILY HEALTH SERVICES

6170

Of the foregoing appropriation item 440-416, Child and Family	6171
Health Services, $1,700,000 in each fiscal year shall be used for	6172
family planning services. None of the funds received through	6173
these family planning grants shall be used to provide abortion	6174
services. None of the funds received through these family	6175
planning grants shall be used for counseling for or referrals for	6176
abortion, except in the case of a medical emergency. These funds	6177
shall be distributed on the basis of the relative need in the	6178
community served by the Director of Health to family planning	6179
programs, which shall include family planning programs funded	6180
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	6181
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	6182
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	6183
as well as to other family planning programs that the Department	6184
of Health also determines will provide services that are	6185
physically and financially separate from abortion-providing and	6186
abortion-promoting activities, and that do not include counseling	6187
for or referrals for abortion, other than in the case of medical	6188
emergency, with state moneys, but that otherwise substantially	6189
comply with the quality standards for such programs under Title V	6190
and Title X.	6191

The Director of Health, by rule, shall provide reasonable	6192
methods by which a grantee wishing to be eligible for federal	6193
funding may comply with these requirements for state funding	6194
without losing its eligibility for federal funding, while ensuring	6195
that a family planning program receiving a family planning grant	6196
must be organized so that it is physically and financially	6197
separate from the provision of abortion services and from	6198
activities promoting abortion as a method of family planning.	6199

Of the foregoing appropriation item 440-416, Child and Family	6200
Health Services, $150,000 in each fiscal year shall be used to	6201
provide malpractice insurance for physicians and other health	6202
professionals providing prenatal services in programs funded by	6203
the Department of Health.	6204

Of the foregoing appropriation item 440-416, Child and Family	6205
Health Services, $279,000 shall be used in each fiscal year for	6206
the OPTIONS dental care access program.	6207

Of the foregoing appropriation item 440-416, Child and Family	6208
Health Services, $600,000 in each fiscal year shall be used by	6209
local child and family health services clinics to provide services	6210
to uninsured low-income persons.	6211

Of the foregoing appropriation item 440-416, Child and Family	6212
Health Services, $900,000 in each fiscal year shall be used by	6213
federally qualified health centers and federally designated	6214
look-alikes to provide services to uninsured low-income persons.	6215

Of the foregoing appropriation item 440-416, Child and Family	6216
Health Services, $50,000 in each fiscal year shall be used for the	6217
Tree of Knowledge Learning Center in Cleveland Heights.	6218

Of the foregoing appropriation item 440-416, Child and Family	6219
Health Services, $25,000 in fiscal year 2002 shall be provided to	6220
the Suicide Prevention Program of Clermont County.	6221

Of the foregoing appropriation item 440-416, Child and Family	6222
Health Services, $50,000 in fiscal year 2002 shall be provided to	6223
the Discover Health Project.	6224

Of the foregoing appropriation item 440-416, Child and Family	6225
Health Services, $75,000 in fiscal year 2002 shall be provided to	6226
the Mayerson Center.	6227

Of the foregoing appropriation item 440-416, Child and Family	6228
Health Services, $50,000 in fiscal year 2002 shall be provided to	6229
the Central Clinic at the University of Cincinnati.	6230

IMMUNIZATIONS

6231

Of the foregoing appropriation item 440-418, Immunizations,	6232
$125,000 per fiscal year shall be used to provide vaccinations for	6233
Hepatitis B to all qualified underinsured students in the seventh	6234
grade who have not been previously immunized.	6235

Of the foregoing appropriation item 440-418, Immunizations,	6236
up to $25,000 in each fiscal year shall be used to provide	6237
vaccinations for pneumococcal disease for children between the	6238
ages of two and five.	6239

SEXUAL ASSAULT PREVENTION AND INTERVENTION

6240

The foregoing appropriation item 440-419, Sexual Assault	6241
Prevention and Intervention, shall be used for the following	6242
purposes:	6243

(A) Funding of new services in counties with no services for	6244
sexual assault;	6245

(B) Expansion of services provided in currently funded	6246
projects so that comprehensive crisis intervention and prevention	6247
services are offered;	6248

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	6249
projects;	6250

(D) Statewide expansion of local outreach and public	6251
awareness efforts.	6252

HIV/AIDS PREVENTION/TREATMENT

6253

Of the foregoing appropriation item 440-444, AIDS Prevention	6254
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	6255
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	6256
in acquiring HIV-related medications.	6257

The HIV Drug Assistance Program is pursuant to section	6258
3701.241 of the Revised Code and Title XXVI of the "Public Health	6259
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	6260
The Department of Health may adopt rules pursuant to Chapter 119.	6261
of the Revised Code as necessary for the administration of the	6262
program.	6263

INFECTIOUS DISEASE PREVENTION

6264

Notwithstanding section 339.77 of the Revised Code, $60,000	6265
of the foregoing appropriation item 440-446, Infectious Disease	6266
Prevention, shall be used by the Director of Health to reimburse	6267
Boards of County Commissioners for the cost of detaining indigent	6268
persons with tuberculosis. Any portion of the $60,000 allocated	6269
for detainment not used for that purpose shall be used to make	6270
payments to counties pursuant to section 339.77 of the Revised	6271
Code.	6272

Of the foregoing appropriation item 440-446, Infectious	6273
Disease Prevention, $200,000$335,000 in each fiscal year shall be	6274
used for the purchase of drugs for sexually transmitted diseases.	6275

HELP ME GROW

6276

The foregoing appropriation item 440-459, Help Me Grow, shall	6277
be used by the Department of Health to distribute subsidies to	6278
counties to implement section 3701.61 of the Revised Codethe Help	6279
Me Grow program. Appropriation item 440-459 may be used in	6280
conjunction with Temporary Assistance for Needy Families from the	6281
Department of Job and Family Services, Even Start from the	6282
Department of Education, and in conjunction with other early	6283
childhood funds and services to promote the optimal development of	6284
young children. Local contacts shall be developed between local	6285
departments of job and family services and family and children	6286
first councils for the administration of TANF funding for the Help	6287
Me Grow Program. The Department of Health shall enter into an	6288
interagency agreement with the Department of Education to	6289
coordinate the planning, design, and grant selection process for	6290
any new Even Start grants and to ensure that all new and existing	6291
programs within Help Me growGrow are school linked.	6292

POISON CONTROL NETWORK

6293

The foregoing appropriation item 440-504, Poison Control	6294
Network, shall be used in each fiscal year by the Department of	6295
Health for grants to the consolidated Ohio Poison Control Center	6296
to provide poison control services to Ohio citizens.	6297

TANF FAMILY PLANNING

6298

The Director of Budget and Management shall transfer by	6299
intrastate transfer voucher, no later than the fifteenth day of	6300
July of each fiscal year, cash from the General Revenue Fund,	6301
appropriation item 600-410, TANF State, to General Services Fund	6302
5C1 in the Department of Health, in an amount of $250,000 in each	6303
fiscal year for the purpose of family planning services for	6304
children or their families whose income is at or below 200 per	6305
cent of the official poverty guideline.	6306

As used in this section, "poverty guideline" means the	6307
official poverty guideline as revised annually by the United	6308
States Secretary of Health and Human Services in accordance with	6309
section 673 of the "Community Services Block Grant Act," 95 Stat.	6310
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	6311
to the size of the family of the person whose income is being	6312
determined.	6313

MATERNAL CHILD HEALTH BLOCK GRANT

6314

Of the foregoing appropriation item 440-601, Maternal Child	6315
Health Block Grant (Fund 320), $2,091,299 shall be used in each	6316
fiscal year for the purposes of abstinence-only education. The	6317
Director of Health shall develop guidelines for the establishment	6318
of abstinence programs for teenagers with the purpose of	6319
decreasing unplanned pregnancies and abortion. Such guidelines	6320
shall be pursuant to Title V of the "Social Security Act," 42	6321
U.S.C.A. 510, and shall include, but are not limited to,	6322
advertising campaigns and direct training in schools and other	6323
locations.	6324

A portion of the foregoing appropriation item 440-601,	6325
Maternal Child Health Block Grant (Fund 320), may be used to	6326
ensure that current information on sudden infant death syndrome is	6327
available for distribution by local health districts.	6328

TITLE XX TRANSFER

6329

Of the foregoing appropriation item 440-611, Title XX	6330
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	6331
funds are available based on deposits made pursuant to Section	6332
63.09 of this actAm. Sub. H.B. 94 of the 124th General Assembly,	6333
shall be used for the purposes of abstinence-only education. The	6334
Director of Health shall develop guidelines for the establishment	6335
of abstinence programs for teenagers with the purpose of	6336
decreasing unplanned pregnancies and abortion. The guidelines	6337
shall be developed pursuant to Title V of the "Social Security	6338
Act," 42 U.S.C. 510, and shall include, but are not to be limited	6339
to, advertising campaigns and direct training in schools and other	6340
locations.	6341

GENETICS SERVICES

6342

The foregoing appropriation item 440-608, Genetics Services	6343
(Fund 4D6), shall be used by the Department of Health to	6344
administer programs authorized by sections 3701.501 and 3701.502	6345
of the Revised Code. None of these funds shall be used to counsel	6346
or refer for abortion, except in the case of a medical emergency.	6347

SICKLE CELL FUND

6348

The foregoing appropriation item 440-610, Sickle Cell Disease	6349
Control (Fund 4F9), shall be used by the Department of Health to	6350
administer programs authorized by section 3701.131 of the Revised	6351
Code. The source of the funds is as specified in section 3701.23	6352
of the Revised Code.	6353

SAFETY AND QUALITY OF CARE STANDARDS

6354

The Department of Health may use Fund 471, Certificate of	6355
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	6356
the Revised Code in each fiscal year.	6357

MEDICALLY HANDICAPPED CHILDREN AUDIT

6358

The Medically Handicapped Children Audit Fund (Fund 477)	6359
shall receive revenue from audits of hospitals and recoveries from	6360
third-party payors. Moneys may be expended for payment of audit	6361
settlements and for costs directly related to obtaining recoveries	6362
from third-party payors and for encouraging Medically Handicapped	6363
Children's Program recipients to apply for third-party benefits.	6364
Moneys also may be expended for payments for diagnostic and	6365
treatment services on behalf of medically handicapped children, as	6366
defined in division (A) of section 3701.022 of the Revised Code,	6367
and Ohio residents who are twenty-one or more years of age and who	6368
are suffering from cystic fibrosis. Moneys may also be expended	6369
for administrative expenses incurred in operating the Medically	6370
Handicapped Children's Program.	6371

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	6372
PERMIT FUND	6373

The Director of Budget and Management, pursuant to a plan	6374
submitted by the Department of Health, or as otherwise determined	6375
by the Director of Budget and Management, shall set a schedule to	6376
transfer cash from the Liquor Control Fund (Fund 043) to the	6377
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	6378
needs of the Alcohol Testing and Permit program.	6379

The Director of Budget and Management shall transfer to the	6380
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	6381
Fund (Fund 043) established in section 4301.12 of the Revised Code	6382
such amounts at such times as determined by the transfer schedule.	6383

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

6384

The foregoing appropriation item 440-607, Medically	6385
Handicapped Children - County Assessments (Fund 666), shall be	6386
used to make payments pursuant to division (E) of section 3701.023	6387
of the Revised Code."	6388

Section 65. That existing Section 56.01 of Am. Sub. H.B. 94	6389
of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of	6390
the 124th General Assembly, is hereby repealed.	6391

Section 66. That Section 63.09 of Am. Sub. H.B. 94 of the	6392
124th General Assembly, as most recently amended by Am. Sub. H.B.	6393
405 of the 124th General Assembly, be amended to read as follows:	6394

"       Sec. 63.09. TANF

6395

TANF COUNTY INCENTIVES

6396

Of the foregoing appropriation item 600-689, TANF Block	6397
Grant, the Department of Job and Family Services may provide	6398
financial incentives to those county departments of job and family	6399
services that have exceeded performance standards adopted by the	6400
state department, and where the board of county commissioners has	6401
entered into a written agreement with the state department under	6402
section 5101.21 of the Revised Code governing the administration	6403
of the county department. Any financial incentive funds provided	6404
pursuant to this division shall be used by the county department	6405
for additional or enhanced services for families eligible for	6406
assistance under Chapter 5107. or benefits and services under	6407
Chapter 5108. of the Revised Code or, on request by the county and	6408
approval by the Department of Job and Family Services, be	6409
transferred to the Child Care and Development Fund or the Social	6410
Services Block Grant. The county departments of job and family	6411
services may retain and expend such funds without regard to the	6412
state or county fiscal year in which the financial incentives were	6413
earned or paid. Each county department of job and family services	6414
shall file an annual report with the Department of Job and Family	6415
Services providing detailed information on the expenditure of	6416
these financial incentives and an evaluation of the effectiveness	6417
of the county department's use of these funds in achieving	6418
self-sufficiency for families eligible for assistance under	6419
Chapter 5107. or benefits and services under Chapter 5108. of the	6420
Revised Code.	6421

TANF YOUTH DIVERSION PROGRAMS

6422

Of the foregoing appropriation item 600-689, TANF Block	6423
Grant, $19,500,000 in each fiscal year shall be allocated by the	6424
Department of Job and Family Services to the counties according to	6425
the allocation formula established in division (D) of section	6426
5101.14 of the Revised Code. Of the funds allocated to each	6427
county, up to half may be used for contract services for unruly	6428
and misdemeanant diversionary programs.	6429

The remaining funds not allocated for use in juvenile	6430
diversion activities may be used by the county for other contract	6431
child welfare services. In counties with separate departments of	6432
job and family services and public children services agencies, the	6433
county department of job and family services shall serve as a pass	6434
through to the public children services agencies for these funds.	6435
Separate public children services agencies receiving such funds	6436
shall comply with all TANF requirements, including reporting	6437
requirements and timelines, as specified in state and federal	6438
laws, federal regulations, state rules, and the Title IV-A state	6439
plan, and are responsible for payment of any adverse audit	6440
finding, final disallowance of federal financial participation, or	6441
other sanction or penalty issued by the federal government or	6442
other entity concerning these funds.	6443

Of the foregoing $19,500,000 set aside, any funds remaining	6444
unspent on June 30, 2002, shall be carried forward and added to	6445
the earmark for fiscal year 2003, and allocated to the counties	6446
according to the allocation formula established in division (D) of	6447
section 5101.14 of the Revised Code.	6448

KINSHIP NAVIGATORS

6449

Of the foregoing appropriation item 600-689, TANF Block	6450
Grant, up to $3 million in each fiscal year shall be allocated by	6451
the Department of Job and Family Services to county departments of	6452
job and family services for the purpose of making allocations to	6453
local public children services agencies to provide services in the	6454
Kinship Navigation program. The allocation to county departments	6455
of job and family services shall be based on the number of Ohio	6456
works first cases in the county, and the number of children	6457
seventeen years of age or younger in the county. The Department of	6458
Job and Family Services shall develop an appropriate method of	6459
reallocating these funds in each fiscal year among the county	6460
departments of job and family services, if they would otherwise be	6461
unspent.	6462

TANF FAITH-BASED AND NON-PROFIT CAPACITY-BUILDING PROGRAMS

6463

From the foregoing appropriation item 600-689, TANF Block	6464
Grant, up to $1,000,000 in each fiscal year shall be used to	6465
support capacity-building efforts among faith-based and non-profit	6466
organizations, for the purpose of providing allowable services to	6467
TANF-eligible individuals. Organizations receiving these funds	6468
shall comply with all TANF requirements, and shall agree with the	6469
Department of Job and Family Services on reporting requirements to	6470
be incorporated into the grant agreement.	6471

TANF EDUCATION

6472

There is hereby established the Title IV-A Education Program	6473
to be administered by the Department of Education in accordance	6474
with an interagency agreement entered into with the Department of	6475
Job and Family Services under division (A)(2) of section 5101.801	6476
of the Revised Code. The program shall provide benefits and	6477
services to TANF eligible individuals with incomes at or below 200	6478
per cent of the federal poverty guidelines under a Title IV-A	6479
program pursuant to the requirements of section 5101.801 of the	6480
Revised Code. Upon approval by the Department of Job and Family	6481
Services, the Department of Education shall adopt policies and	6482
procedures establishing program requirements for eligibility,	6483
services, fiscal accountability, and other criteria necessary to	6484
comply with the provisions of Title IV-A of the "Social Security	6485
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	6486

The Department of Job and Family Services shall reimburse the	6487
General Revenue Fund through intrastate transfer vouchers for	6488
allowable Title IV-A Head Start expenditures reported by the	6489
Department of Education in fiscal year 2002during the fiscal year	6490
2002-2003 biennium by amounts up to $76,156,175an amount not to	6491
exceed $175,000,000 from Fund 3V6, TANF Block Grant, and in fiscal	6492
year 2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	6493
Department of Job and Family Services shall reimburse the General	6494
Revenue Fund through intrastate transfer vouchers for allowable	6495
Title IV-A student intervention services expenditures in fiscal	6496
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	6497

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	6498
ADULT LITERACY AND CHILD READING PROGRAMS	6499

There is hereby established the Title IV-A Adult Literacy and	6500
Child Reading Program to be administered by the county departments	6501
of job and family services in accordance with division (B)(1) of	6502
section 5101.801 of the Revised Code. The program shall provide	6503
benefits and services to TANF-eligible individuals with incomes at	6504
or below 200 per cent of the federal poverty guidelines under a	6505
Title IV-A program pursuant to the requirements of section	6506
5101.801 of the Revised Code. The county departments of job and	6507
family services shall ensure program requirements for eligibility,	6508
services, fiscal accountability, and other criteria necessary to	6509
comply with the provisions of Title IV-A of the "Social Security	6510
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	6511
that benefits and services are allowable uses of federal Title	6512
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	6513
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	6514
benefits and services shall be benefits and services that 45	6515
C.F.R. 260.31(b) excludes from the definition of "assistance."	6516
From the foregoing appropriation item 600-689, TANF Block Grant,	6517
up to $5,000,000 in each fiscal year shall be used to support	6518
local adult literacy and child reading programs.	6519

TALBERT HOUSE

6520

In each fiscal year, the Director of Job and Family Services	6521
shall provide $100,500 from appropriation item 600-689, TANF Block	6522
Grant, to the Hamilton County Department of Job and Family	6523
Services to contract with the Talbert House for the purpose of	6524
providing allowable services to TANF-eligible individuals with	6525
incomes at or below 200 per cent of the federal poverty	6526
guidelines. The contract between the Hamilton County Department	6527
of Job and Family Services and the Talbert House shall establish	6528
conditions for the reimbursement of allowable Title IV-A	6529
expenditures for services that are allowable uses of federal Title	6530
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	6531
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	6532
benefits and services shall be benefits and services that 45	6533
C.F.R. 260.31(b) excludes from the definition of "assistance." The	6534
contract shall also require Talbert House to comply with	6535
requirements of Title IV-A of the "Social Security Act," 110 Stat.	6536
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	6537
individuals, reporting requirements, allowable benefits and	6538
services, use of funds, and audit requirements, as specified in	6539
state and federal laws, federal regulations, state rules, federal	6540
Office of Management and Budget circulars, and the Title IV-A	6541
state plan.	6542

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

6543

In each fiscal year, the Director of Job and Family Services	6544
shall provide $1,000,000 from appropriation item 600-689, TANF	6545
Block Grant, to the Montgomery County Department of Job and Family	6546
Services to be used to support the Out-of-School Youth Project in	6547
Montgomery County for the purpose of providing allowable services	6548
to TANF-eligible individuals. The Montgomery County Department of	6549
Job and Family Services and the Sinclair Community College shall	6550
comply with all TANF requirements, including reporting	6551
requirements and timelines, as specified in state and federal	6552
laws, federal regulations, state rules, and the Title IV-A state	6553
plan.	6554

APPALACHIAN TECHNOLOGY AND WORKFORCE DEVELOPMENT

6555

From the foregoing appropriation item 600-689, TANF Block	6556
Grant, the Director of Job and Family Services shall provide up to	6557
$15,000,000 to be awarded to the county departments of job and	6558
family services in the twenty-nine Appalachian counties. Each	6559
county shall be eligible to apply for an initial grant, or grants,	6560
the cumulative amount of which shall not exceed $500,000 per	6561
county. These funds shall be used by the county departments of job	6562
and family services in coordination with the Governor's Office of	6563
Appalachia, the Governor's Regional Economic Office, and local	6564
development districts. These funds shall be used for the	6565
following eligible activities: workforce development and	6566
supportive services; microenterprise development and other	6567
entrepreneurship activities; technology expansion, technical	6568
assistance, and training; youth job training; and improving	6569
existing technology centers, job creation and retention,	6570
purchasing technology, and technology upgrades. The funds may be	6571
used to leverage other state and local funds for eligible	6572
activities.	6573

As a condition on the use of these funds, each county	6574
department of job and family services shall have a committee that	6575
shall submit a plan for the intended use of these funds to the	6576
Governor's Office of Appalachia. The plan shall be reviewed by the	6577
Governor's Office of Appalachia, which may approve or disapprove	6578
the plan in whole or in part. The Governor's Office of Appalachia	6579
shall forward each final, approved plan to the Department of Job	6580
and Family Services. The plan must be developed and submitted by a	6581
county committee that includes, at a minimum, a county	6582
commissioner; a mayor of a municipality in the county; an economic	6583
development official from the county, local political subdivision,	6584
or development district; a representative of a chamber of commerce	6585
or a port authority in the county; a local or regional community	6586
action representative; and a representative from the county	6587
department of job and family services.	6588

The Governor's Office of Appalachia shall develop guidelines	6589
for the submission and approval of plans, guidelines for quarterly	6590
monitoring and reporting on program activities after funds are	6591
awarded, and any other guidelines necessary for the administration	6592
of the program. The Department of Job and Family Services shall	6593
provide technical assistance and advice to the Governor's Office	6594
of Appalachia to facilitate the administration of the funds. The	6595
Governor's Office of Appalachia shall develop guidelines for the	6596
reallocation of unawarded funds.	6597

Also as a condition on the use of these funds, each county	6598
shall acknowledge that these funds are a one-time allocation, not	6599
intended to fund services beyond June 30, 2003.	6600

In fiscal year 2002, the TANF allocation to each of the	6601
Appalachian counties shall not be less than the TANF allocation	6602
amount for fiscal year 2001, as allocated according to the	6603
methodology set forth in paragraph (I) of rule 5101-6-03 of the	6604
Administrative Code.	6605

The use of these funds shall comply with all TANF	6606
requirements, including reporting requirements and timelines, as	6607
specified in state and federal laws, federal regulations, state	6608
rules, and the Title IV-A state plan.	6609

CENTER FOR FAMILY AND CHILDREN

6610

Of the foregoing appropriation item 600-689, TANF Block	6611
Grant, $150,000 in fiscal year 2002 shall be provided to the	6612
Center for Family and Children.	6613

TANF FAMILY PLANNING

6614

The Director of Budget and Management shall transfer by	6615
intrastate voucher, no later than the fifteenth day of July of	6616
each fiscal year, cash from the General Revenue Fund,	6617
appropriation item 600-410, TANF State, to General Services Fund	6618
5C1 in the Department of Health, in an amount of $250,000 in each	6619
fiscal year for the purpose of family planning services for	6620
children or their families whose income is at or below 200 per	6621
cent of the official poverty guideline.	6622

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

6623

From the foregoing appropriation items 600-410, TANF State;	6624
600-658, Child Support Collections; or 600-689, TANF Block Grant,	6625
or a combination of these appropriation items, no less than	6626
$369,040,735 in each fiscal year shall be allocated to county	6627
departments of job and family services as follows:	6628

Upon the request of the Department of Job and Family	6638
Services, the Director of Budget and Management may seek	6639
Controlling Board approval to increase appropriations in	6640
appropriation item 600-689, TANF Block Grant, provided sufficient	6641
Federal TANF Block Grant funds exist to do so, without any	6642
corresponding decrease in other appropriation items. The	6643
Department of Job and Family Services shall provide the Office of	6644
Budget and Management and the Controlling Board with documentation	6645
to support the need for the increased appropriation.	6646

All transfers of moneys from or charges against TANF Federal	6647
Block Grant awards for use in the Social Services Block Grant or	6648
the Child Care and Development Block Grant from either unobligated	6649
prior year appropriation authority in appropriation item 400-411,	6650
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	6651
from fiscal year 2002 and fiscal year 2003 appropriation authority	6652
in item 600-689, TANF Block Grant, shall be done ten days after	6653
the Department of Job and Family Services gives written notice to	6654
the Office of Budget and Management. The Department of Job and	6655
Family Services shall first provide the Office of Budget and	6656
Management with documentation to support the need for such	6657
transfers or charges for use in the Social Services Block Grant or	6658
in the Child Care and Development Block Grant.	6659

The Department of Job and Family Services shall in each	6660
fiscal year of the biennium transfer the maximum amount of funds	6661
from the federal TANF Block Grant to the federal Social Services	6662
Block Grant as permitted under federal law. Not later than July	6663
15, 2001, the Department of Job and Family Services shall draw	6664
$60,000,000 in receipts from TANF funds that were transferred into	6665
the Social Services Block Grant into State Special Revenue Fund	6666
5Q8, in the Office of Budget and Management. Not later than June	6667
1, 2002, the Director of Budget and Management shall determine the	6668
amount of funds in State Special Revenue Fund 5Q8 that is needed	6669
for the purpose of balancing the General Revenue Fund, and may	6670
transfer that amount to the General Revenue Fund. Not later than	6671
June 1, 2003, the Director of Budget and Management shall	6672
determine the amount of funds in State Special Revenue Fund 5Q8	6673
that is needed for the purpose of balancing the General Revenue	6674
Fund, and may transfer that amount to the General Revenue Fund.	6675
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	6676
2003, shall be transferred not later than June 20, 2003, to Fund	6677
3V6, TANF Block Grant, in the Department of Job and Family	6678
Services.	6679

Before the thirtieth day of September of each fiscal year,	6680
the Department of Job and Family Services shall file claims with	6681
the United States Department of Health and Human Services for	6682
reimbursement for all allowable expenditures for services provided	6683
by the Department of Job and Family Services, or other agencies	6684
that may qualify for Social Services Block Grant funding pursuant	6685
to Title XX of the Social Security Act. The Department of Job and	6686
Family Services shall deposit, into Fund 5E6, State Option Food	6687
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	6688
million, into Fund 3W5, Health Care Services, $500,000, into Fund	6689
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	6690
Connection, $50,000 and deposit in fiscal year 2002, into Fund	6691
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	6692
in the Department of Natural Resources, $7,885,349, and into Fund	6693
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	6694
Grant funds credited to the Social Services Block Grant. In fiscal	6695
year 2003, if, pursuant to federal law, the state is allowed to	6696
transfer up to 10 per cent of the TANF block grant and no less	6697
than $72,796,826 for the purposes of reimbursing allowable	6698
expenditures for services provided by the Department of Job and	6699
Family Services, or other agencies that may qualify for Social	6700
Services Block Grant funding pursuant to Title XX of the Social	6701
Security Act, then the Department of Job and Family Services shall	6702
deposit $6 million into Fund 5E6, State Option Food Stamps, $7.5	6703
million into Fund 5P4 TANF Child Welfare, $897,052 into Fund 3W2,	6704
Title XX Vocational Rehabilitation, and $500,000 into Fund 3W5,	6705
Health Care Services. To the extent that the amount allowed to be	6706
transferred is less than the $72,796,826, then the amounts	6707
deposited into the above funds shall be reduced proportionally. On	6708
verification of the receipt of the above revenue, the funds	6709
provided by these transfers shall be used as follows:	6710

WELLNESS

6746

The foregoing appropriation item 600-690, Wellness, shall be	6747
used by county departments of job and family services for teen	6748
pregnancy prevention programming. Local contracts shall be	6749
developed between county departments of job and family services	6750
and local family and children first councils for the	6751
administration of TANF funding for this program."	6752

Section 67. That existing Section 63.09 of Am. Sub. H.B. 94	6753
of the 124th General Assembly, as most recently amended by Am.	6754
Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.	6755

Section 68. That Section 30 of Am. Sub. H.B. 405 of the 124th	6756
General Assembly be amended to read as follows:	6757

"       Sec. 30. TRANSFERS FROM THE BUDGET STABILIZATION FUND

6758

Within ten working days after the end of fiscal year 2003,	6759
the Director of Budget and Management shall determine the General	6760
Revenue Fund tax revenues for fiscal year 2003. If the director	6761
finds that the tax revenues are greater than $17,037,900,000	6762
$17,263,500,000, the director shall transfer the amount that is in	6763
excess of $17,037,900,000$17,263,500,000 from the General Revenue	6764
Fund to the Budget Stabilization Fund."	6765

Section 69. That existing Section 30 of Am. Sub. H.B. 405 of	6766
the 124th General Assembly is hereby repealed.	6767

Section 70. Except as otherwise specifically provided in this	6768
act, the codified and uncodified sections of law amended or	6769
enacted by this act, and the items of law of which the codified	6770
and uncodified sections of law amended or enacted by this act are	6771
composed, are subject to the referendum. Therefore, under Ohio	6772
Constitution, Article II, Section 1c and section 1.471 of the	6773
Revised Code, the codified and uncodified sections of law amended	6774
or enacted by this act, and the items of law of which the codified	6775
and uncodified sections amended or enacted by this act are	6776
composed, take effect on the ninety-first day after this act is	6777
filed with the Secretary of State. If, however, a referendum	6778
petition is filed against any such codified or uncodified section	6779
of law as amended or enacted by this act, or against any item of	6780
law of which any such codified or uncodified section of law as	6781
amended or enacted by this act is composed, the codified or	6782
uncodified section of law as amended or enacted, or item of law,	6783
unless rejected at the referendum, takes effect at the earliest	6784
time permitted by law.	6785

Section 71. The amendments by this act to Sections 13, 13.01,	6786
13.05, 13.12, 32, 45, 56.01, and 63.09 of Am. Sub. H.B. 94 of the	6787
124th General Assembly are not subject to the referendum.	6788
Therefore, under Ohio Constitution, Article II, Section 1d and	6789
section 1.471 of the Revised Code, the amendments go into	6790
immediate effect when this act becomes law.	6791

Section 72. The amendment by this act to Section 30 of Am.	6792
Sub. H.B. 405 of the 124th General Assembly is not subject to the	6793
referendum. Therefore, under Ohio Constitution, Article II,	6794
Section 1d and section 1.471 of the Revised Code, the amendment	6795
goes into immediate effect when this act becomes law.	6796

Section 73. Section 55 of this act is not subject to the	6797
referendum. Therefore, under Ohio Constitution, Article II,	6798
Section 1d and section 1.471 of the Revised Code, the section goes	6799
into immediate effect when this act becomes law.	6800