REPRESENTATIVES Carey, Faber, Schmidt, Evans, Calvert, Flowers, Latta, Coates, Aslanides, Ogg, Redfern, Lendrum

To amend sections 105.41, 133.06, 151.01, 151.09,

1

151.40, 175.03, 2921.42, 3318.03, 3318.04, 3318.06,

2

3318.061, 3318.08, 3318.084, 3318.11, 3318.36,

3

3318.362, 3318.363, 3318.38, 5705.218, and 5709.081

4

and to enact sections 3318.023, 3318.056, and

5

3318.062 of the Revised Code and to amend Sections

6

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

7

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

8

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

9

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

10

94 of the 124th General Assembly, as subsequently

11

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

12

124th General Assembly to modify conditions for the

13

operation of state programs, to make certain

14

supplemental and capital appropriations, and to

15

make capital reappropriations for the biennium

16

ending June 30, 2004.

17

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

Section 1. That sections 105.41, 133.06, 151.01, 151.09,	18
151.40, 175.03, 2921.42, 3318.03, 3318.04, 3318.06, 3318.061,	19
3318.08, 3318.084, 3318.11, 3318.36, 3318.362, 3318.363, 3318.38,	20
5705.218, and 5709.081 be amended and sections 3318.023,	21
3318.056, and 3318.062 of the Revised Code be enacted to read as	22
follows:	23

Sec. 105.41.  (A) There is hereby created the capitol square	24
review and advisory board, consisting of nineeleven members as	25
follows:	26

(1) Two members of the senate, appointed by the president of	27
the senate, both of whom shall not be members of the same	28
political party;	29

(2) Two members of the house of representatives, appointed	30
by the speaker of the house of representatives, both of whom shall	31
not be members of the same political party;	32

(3) Five members appointed by the governor, with the advice	33
and consent of the senate, not more than three of whom shall be	34
members of the same political party, one of whom shall represent	35
the office of the state architect and engineer, one of whom shall	36
represent the Ohio arts council, one of whom shall represent the	37
Ohio historical society, one of whom shall represent the Ohio	38
building authority, and one of whom shall represent the public at	39
large;	40

(4) One member, who shall be a former president of the	41
senate, appointed by the current president of the senate. If the	42
current president of the senate, in the current president's	43
discretion, decides for any reason not to make the appointment or	44
if no person is eligible or available to serve, the seat shall	45
remain vacant.	46

(5) One member, who shall be a former speaker of the house	47
of representatives, appointed by the current speaker of the house	48
of representatives. If the current speaker of the house of	49
representatives, in the current speaker's discretion, decides for	50
any reason not to make the appointment or if no person is eligible	51
or available to serve, the seat shall remain vacant.	52

(B) Terms of office of each appointed member of the board	53
shall be for three years, except that members of the general	54
assembly appointed to the board shall be members of the board only	55
so long as they are members of the general assembly. Each member	56
shall hold office from the date of the member's appointment until	57
the end of the term for which the member was appointed. In case	58
of a vacancy occurring on the board, the president of the senate,	59
the speaker of the house of representatives, or the governor, as	60
the case may be, shall in the same manner prescribed for the	61
regular appointment to the commission, fill the vacancy by	62
appointing a member. Any member appointed to fill a vacancy	63
occurring prior to the expiration of the term for which the	64
member's predecessor was appointed shall hold office for the	65
remainder of the term. Any member shall continue in office	66
subsequent to the expiration date of the member's term until the	67
member's successor takes office, or until a period of sixty days	68
has elapsed, whichever occurs first.	69

(C) The board shall hold meetings in a manner and at times	70
prescribed by the rules adopted by the board. A majority of the	71
board constitutes a quorum, and no action shall be taken by the	72
board unless approved by at least five voting members or by at	73
least six voting members if a person is appointed under division	74
(A)(4) or (5) of this section. At its first meeting, the board	75
shall adopt rules for the conduct of its business and the election	76
of its officers, and shall organize by selecting a chairperson and	77
other officers as it considers necessary. Board members shall	78
serve without compensation but shall be reimbursed for actual and	79
necessary expenses incurred in the performance of their duties.	80

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

81

(1) Employ or hire on a consulting basis professional,	82
technical, and clerical employees as are necessary for the	83
performance of its duties;	84

(2) Hold public hearings at times and places as determined	85
by the board;	86

(3) Adopt, amend, or rescind rules necessary to accomplish	87
the duties of the board as set forth in this section;	88

(4) Sponsor, conduct, and support such social events as the	89
board may authorize and consider appropriate for the employees of	90
the board, employees and members of the general assembly,	91
employees of persons under contract with the board or otherwise	92
engaged to perform services on the premises of capitol square, or	93
other persons as the board may consider appropriate. Subject to	94
the requirements of Chapter 4303. of the Revised Code, the board	95
may provide beer, wine, and intoxicating liquor, with or without	96
charge, for those events and may use funds only from the sale of	97
goods and services fund to purchase the beer, wine, and	98
intoxicating liquor the board provides.	99

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

100

(1) Have sole authority to coordinate and approve any	101
improvements, additions, and renovations that are made to the	102
capitol square. The improvements shall include, but not be	103
limited to, the placement of monuments and sculpture on the	104
capitol grounds.	105

(2) Subject to section 3353.07 of the Revised Code, operate	106
the capitol square, and have sole authority to regulate all uses	107
of the capitol square. The uses shall include, but not be limited	108
to, the casual and recreational use of the capitol square.	109

(3) Employ, fix the compensation of, and prescribe the	110
duties of the executive director of the board and other employees	111
the board considers necessary for the performance of its powers	112
and duties;	113

(4) Establish and maintain the capitol collection trust. The	114
capitol collection trust shall consist of furniture, antiques, and	115
other items of personal property that the board shall store in	116
suitable facilities until they are ready to be placed in the	117
capitol square.	118

(5) Perform repair, construction, contracting, purchasing,	119
maintenance, supervisory, and operating activities the board	120
determines are necessary for the operation and maintenance of the	121
capitol square;	122

(6) Maintain and preserve the capitol square, in accordance	123
with guidelines issued by the United States secretary of the	124
interior for application of the secretary's standards for	125
rehabilitation adopted in 36 C.F.R. part 67.	126

(F)(1) The board shall lease capital facilities improved or	127
financed by the Ohio building authority pursuant to Chapter 152.	128
of the Revised Code for the use of the board, and may enter into	129
any other agreements with the authority ancillary to improvement,	130
financing, or leasing of those capital facilities, including, but	131
not limited to, any agreement required by the applicable bond	132
proceedings authorized by Chapter 152. of the Revised Code. Any	133
lease of capital facilities authorized by this section shall be	134
governed by division (D) of section 152.24 of the Revised Code.	135

(2) Fees, receipts, and revenues received by the board from	136
the state underground parking garage constitute available receipts	137
as defined in section 152.09 of the Revised Code, and may be	138
pledged to the payment of bond service charges on obligations	139
issued by the Ohio building authority pursuant to Chapter 152. of	140
the Revised Code to improve or finance capital facilities useful	141
to the board. The authority may, with the consent of the board,	142
provide in the bond proceedings for a pledge of all or a portion	143
of those fees, receipts, and revenues as the authority	144
determines. The authority may provide in the bond proceedings or	145
by separate agreement with the board for the transfer of those	146
fees, receipts, and revenues to the appropriate bond service fund	147
or bond service reserve fund as required to pay the bond service	148
charges when due, and any such provision for the transfer of	149
those fees, receipts, and revenues shall be controlling	150
notwithstanding any other provision of law pertaining to those	151
fees, receipts, and revenues.	152

(3) All moneys received by the treasurer of state on account	153
of the board and required by the applicable bond proceedings or by	154
separate agreement with the board to be deposited, transferred, or	155
credited to the bond service fund or bond service reserve fund	156
established by the bond proceedings shall be transferred by the	157
treasurer of state to such fund, whether or not it is in the	158
custody of the treasurer of state, without necessity for further	159
appropriation, upon receipt of notice from the Ohio building	160
authority as prescribed in the bond proceedings.	161

(G) All fees, receipts, and revenues received by the board	162
from the state underground parking garage shall be deposited into	163
the state treasury to the credit of the underground parking garage	164
operating fund, which is hereby created, to be used for the	165
purposes specified in division (F) of this section and for the	166
operation and maintenance of the garage. All investment earnings	167
of the fund shall be credited to the fund.	168

(H) All donations received by the board shall be deposited	169
into the state treasury to the credit of the capitol square	170
renovation gift fund, which is hereby created. The fund shall be	171
used by the board as follows:	172

(1) To provide part or all of the funding related to	173
construction, goods, or services for the renovation of the capitol	174
square;	175

(2) To purchase art, antiques, and artifacts for display at	176
the capitol square;	177

(3) To award contracts or make grants to organizations for	178
educating the public regarding the historical background and	179
governmental functions of the capitol square. Chapters 125.,	180
127., and 153. and section 3517.13 of the Revised Code do not	181
apply to purchases made exclusively from the fund, notwithstanding	182
anything to the contrary in those chapters or that section. All	183
investment earnings of the fund shall be credited to the fund.	184

(I) Except as provided in divisions (G), (H), and (J) of	185
this section, all fees, receipts, and revenues received by the	186
board shall be deposited into the state treasury to the credit of	187
the sale of goods and services fund, which is hereby created.	188
Money credited to the fund shall be used solely to pay costs of	189
the board other than those specified in divisions (F) and (G) of	190
this section. All investment earnings of the fund shall be	191
credited to the fund.	192

(J) There is hereby created in the state treasury the	193
capitol square improvement fund, to be used by the board to pay	194
construction, renovation, and other costs related to the capitol	195
square for which money is not otherwise available to the board.	196
Whenever the board determines that there is a need to incur those	197
costs and that the unencumbered, unobligated balance to the credit	198
of the underground parking garage operating fund exceeds the	199
amount needed for the purposes specified in division (F) of this	200
section and for the operation and maintenance of the garage, the	201
board may request the director of budget and management to	202
transfer from the underground parking garage operating fund to the	203
capitol square improvement fund the amount needed to pay such	204
construction, renovation, or other costs. The director then shall	205
transfer the amount needed from the excess balance of the	206
underground parking garage operating fund.	207

(K) As the operation and maintenance of the capitol square	208
constitute essential government functions of a public purpose, the	209
board shall not be required to pay taxes or assessments upon the	210
square, upon any property acquired or used by the board under	211
this section, or upon any income generated by the operation of the	212
square.	213

(L) As used in this section, "capitol square" means the	214
capitol building, senate building, capitol atrium, capitol	215
grounds, and the state underground parking garage.	216

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

217

Sec. 133.06.  (A) A school district shall not incur, without	218
a vote of the electors, net indebtedness that exceeds an amount	219
equal to one-tenth of one per cent of its tax valuation, except as	220
provided in divisions (G) and (H) of this section and in division	221
(C) of section 3313.372 of the Revised Code, or as prescribed in	222
section 3318.052 of the Revised Code.	223

(B) Except as provided in divisions (E), (F), and (I) of	224
this section, a school district shall not incur net indebtedness	225
that exceeds an amount equal to nine per cent of its tax	226
valuation.	227

(C) A school district shall not submit to a vote of the	228
electors the question of the issuance of securities in an amount	229
that will make the district's net indebtedness after the issuance	230
of the securities exceed an amount equal to four per cent of its	231
tax valuation, unless the superintendent of public instruction,	232
acting under policies adopted by the state board of education, and	233
the tax commissioner, acting under written policies of the	234
commissioner, consent to the submission. A request for the	235
consents shall be made at least thirty days prior to the election	236
at which the question is to be submitted, except that the	237
superintendent of public instruction and the tax commissioner may	238
waive this thirty-day deadline or grant their consents after the	239
election if the school district shows good cause for such waiver	240
or consent after the election.	241

(D) In calculating the net indebtedness of a school	242
district, none of the following shall be considered:	243

(1) Securities issued to acquire school buses and other	244
equipment used in transporting pupils or issued pursuant to	245
division (D) of section 133.10 of the Revised Code;	246

(2) Securities issued under division (F) of this section,	247
under section 133.301 of the Revised Code, and, to the extent in	248
excess of the limitation stated in division (B) of this section,	249
under division (E) of this section;	250

(3) Indebtedness resulting from the dissolution of a joint	251
vocational school district under section 3311.217 of the Revised	252
Code, evidenced by outstanding securities of that joint vocational	253
school district;	254

(4) Loans, evidenced by any securities, received under	255
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	256
Revised Code;	257

(5) Debt incurred under section 3313.374 of the Revised	258
Code;	259

(6) Debt incurred pursuant to division (B)(5) of section	260
3313.37 of the Revised Code to acquire computers and related	261
hardware;	262

(7) Debt incurred under section 3318.0413318.042 of the	263
Revised Code.	264

(E) A school district may become a special needs district as	265
to certain securities as provided in division (E) of this section.	266

(1) A board of education, by resolution, may declare its	267
school district to be a special needs district by determining both	268
of the following:	269

(a) The student population is not being adequately serviced	270
by the existing permanent improvements of the district.	271

(b) The district cannot obtain sufficient funds by the	272
issuance of securities within the limitation of division (B) of	273
this section to provide additional or improved needed permanent	274
improvements in time to meet the needs.	275

(2) The board of education shall certify a copy of that	276
resolution to the superintendent of public instruction with a	277
statistical report showing all of the following:	278

(a) A history of and a projection of the growth of the	279
student population;	280

(b) The history of and a projection of the growth of the tax	281
valuation;	282

(c) The projected needs;

283

(d) The estimated cost of permanent improvements proposed to	284
meet such projected needs.	285

(3) The superintendent of public instruction shall certify	286
the district as an approved special needs district if the	287
superintendent finds both of the following:	288

(a) The district does not have available sufficient	289
additional funds from state or federal sources to meet the	290
projected needs.	291

(b) The projection of the potential average growth of tax	292
valuation during the next five years, according to the information	293
certified to the superintendent and any other information the	294
superintendent obtains, indicates a likelihood of potential	295
average growth of tax valuation of the district during the next	296
five years of an average of not less than three per cent per year.	297
The findings and certification of the superintendent shall be	298
conclusive.	299

(4) An approved special needs district may incur net	300
indebtedness by the issuance of securities in accordance with the	301
provisions of this chapter in an amount that does not exceed an	302
amount equal to the greater of the following:	303

(a) Nine per cent of the sum of its tax valuation plus an	304
amount that is the product of multiplying that tax valuation by	305
the percentage by which the tax valuation has increased over the	306
tax valuation on the first day of the sixtieth month preceding the	307
month in which its board determines to submit to the electors the	308
question of issuing the proposed securities;	309

(b) Nine per cent of the sum of its tax valuation plus an	310
amount that is the product of multiplying that tax valuation by	311
the percentage, determined by the superintendent of public	312
instruction, by which that tax valuation is projected to increase	313
during the next ten years.	314

(F) A school district may issue securities for emergency	315
purposes, in a principal amount that does not exceed an amount	316
equal to three per cent of its tax valuation, as provided in this	317
division.	318

(1) A board of education, by resolution, may declare an	319
emergency if it determines both of the following:	320

(a) School buildings or other necessary school facilities in	321
the district have been wholly or partially destroyed, or condemned	322
by a constituted public authority, or that such buildings or	323
facilities are partially constructed, or so constructed or planned	324
as to require additions and improvements to them before the	325
buildings or facilities are usable for their intended purpose, or	326
that corrections to permanent improvements are necessary to remove	327
or prevent health or safety hazards.	328

(b) Existing fiscal and net indebtedness limitations make	329
adequate replacement, additions, or improvements impossible.	330

(2) Upon the declaration of an emergency, the board of	331
education may, by resolution, submit to the electors of the	332
district pursuant to section 133.18 of the Revised Code the	333
question of issuing securities for the purpose of paying the cost,	334
in excess of any insurance or condemnation proceeds received by	335
the district, of permanent improvements to respond to the	336
emergency need.	337

(3) The procedures for the election shall be as provided in	338
section 133.18 of the Revised Code, except that:	339

(a) The form of the ballot shall describe the emergency	340
existing, refer to this division as the authority under which the	341
emergency is declared, and state that the amount of the proposed	342
securities exceeds the limitations prescribed by division (B) of	343
this section;	344

(b) The resolution required by division (B) of section	345
133.18 of the Revised Code shall be certified to the county	346
auditor and the board of elections at least seventy-five days	347
prior to the election;	348

(c) The county auditor shall advise and, not later than	349
sixty-five days before the election, confirm that advice by	350
certification to, the board of education of the information	351
required by division (C) of section 133.18 of the Revised Code;	352

(d) The board of education shall then certify its resolution	353
and the information required by division (D) of section 133.18 of	354
the Revised Code to the board of elections not less than sixty	355
days prior to the election.	356

(4) Notwithstanding division (B) of section 133.21 of the	357
Revised Code, the first principal payment of securities issued	358
under this division may be set at any date not later than sixty	359
months after the earliest possible principal payment otherwise	360
provided for in that division.	361

(G) The board of education may contract with an architect,	362
professional engineer, or other person experienced in the design	363
and implementation of energy conservation measures for an analysis	364
and recommendations pertaining to installations, modifications of	365
installations, or remodeling that would significantly reduce	366
energy consumption in buildings owned by the district. The report	367
shall include estimates of all costs of such installations,	368
modifications, or remodeling, including costs of design,	369
engineering, installation, maintenance, repairs, and debt service,	370
and estimates of the amounts by which energy consumption and	371
resultant operational and maintenance costs, as defined by the	372
Ohio school facilities commission, would be reduced.	373

If the board finds after receiving the report that the amount	374
of money the district would spend on such installations,	375
modifications, or remodeling is not likely to exceed the amount of	376
money it would save in energy and resultant operational and	377
maintenance costs over the ensuing fifteen years, the board may	378
submit to the commission a copy of its findings and a request for	379
approval to incur indebtedness to finance the making or	380
modification of installations or the remodeling of buildings for	381
the purpose of significantly reducing energy consumption.	382

If the commission determines that the board's findings are	383
reasonable, it shall approve the board's request. Upon receipt of	384
the commission's approval, the district may issue securities	385
without a vote of the electors in a principal amount not to exceed	386
nine-tenths of one per cent of its tax valuation for the purpose	387
of making such installations, modifications, or remodeling, but	388
the total net indebtedness of the district without a vote of the	389
electors incurred under this and all other sections of the Revised	390
Code shall not exceed one per cent of the district's tax	391
valuation.	392

So long as any securities issued under division (G) of this	393
section remain outstanding, the board of education shall monitor	394
the energy consumption and resultant operational and maintenance	395
costs of buildings in which installations or modifications have	396
been made or remodeling has been done pursuant to division (G) of	397
this section and shall maintain and annually update a report	398
documenting the reductions in energy consumption and resultant	399
operational and maintenance cost savings attributable to such	400
installations, modifications, or remodeling. The report shall be	401
certified by an architect or engineer independent of any person	402
that provided goods or services to the board in connection with	403
the energy conservation measures that are the subject of the	404
report. The resultant operational and maintenance cost savings	405
shall be certified by the school district treasurer. The report	406
shall be made available to the commission upon request.	407

(H) With the consent of the superintendent of public	408
instruction, a school district may incur without a vote of the	409
electors net indebtedness that exceeds the amounts stated in	410
divisions (A) and (G) of this section for the purpose of paying	411
costs of permanent improvements, if and to the extent that both of	412
the following conditions are satisfied:	413

(1) The fiscal officer of the school district estimates that	414
receipts of the school district from payments made under or	415
pursuant to agreements entered into pursuant to section 725.02,	416
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	417
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	418
Code, or distributions under division (C) of section 5709.43 of	419
the Revised Code, or any combination thereof, are, after	420
accounting for any appropriate coverage requirements, sufficient	421
in time and amount, and are committed by the proceedings, to pay	422
the debt charges on the securities issued to evidence that	423
indebtedness and payable from those receipts, and the taxing	424
authority of the district confirms the fiscal officer's estimate,	425
which confirmation is approved by the superintendent of public	426
instruction;	427

(2) The fiscal officer of the school district certifies, and	428
the taxing authority of the district confirms, that the district,	429
at the time of the certification and confirmation, reasonably	430
expects to have sufficient revenue available for the purpose of	431
operating such permanent improvements for their intended purpose	432
upon acquisition or completion thereof, and the superintendent of	433
public instruction approves the taxing authority's confirmation.	434

The maximum maturity of securities issued under division (H)	435
of this section shall be the lesser of twenty years or the maximum	436
maturity calculated under section 133.20 of the Revised Code.	437

(I) A school district may incur net indebtedness by the	438
issuance of securities in accordance with the provisions of this	439
chapter in excess of the limit specified in division (B) or (C) of	440
this section when necessary to raise the school district portion	441
of the basic project cost pursuant to Chapter 3318. of the Revised	442
Code. The school facilities commission shall notify the	443
superintendent of public instruction whenever a school district	444
will exceed the nine per centeither limit pursuant to this	445
division.	446

Sec. 151.01.  (A) As used in sections 151.01 to 151.09 and	447
151.40 of the Revised Code and in the applicable bond proceedings	448
unless otherwise provided:	449

(1) "Bond proceedings" means the resolutions, orders,	450
agreements, and credit enhancement facilities, and amendments and	451
supplements to them, or any one or more or combination of them,	452
authorizing, awarding, or providing for the terms and conditions	453
applicable to or providing for the security or liquidity of, the	454
particular obligations, and the provisions contained in those	455
obligations.	456

(2) "Bond service fund" means the respective bond service	457
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	458
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	459
that fund, including all moneys and investments, and earnings from	460
investments, credited and to be credited to that fund and accounts	461
as and to the extent provided in the applicable bond proceedings.	462

(3) "Capital facilities" means capital facilities or projects	463
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	464
151.08, 151.09, or 151.40 of the Revised Code.	465

(4) "Costs of capital facilities" means the costs of	466
acquiring, constructing, reconstructing, rehabilitating,	467
remodeling, renovating, enlarging, improving, equipping, or	468
furnishing capital facilities, and of the financing of those	469
costs. "Costs of capital facilities" includes, without limitation,	470
and in addition to costs referred to in section 151.03, 151.04,	471
151.05, 151.06, 151.07, 151.08, 151.09, or 151.40 of the Revised	472
Code, the cost of clearance and preparation of the site and of any	473
land to be used in connection with capital facilities, the cost of	474
any indemnity and surety bonds and premiums on insurance, all	475
related direct administrative expenses and allocable portions of	476
direct costs of the issuing authority, costs of engineering and	477
architectural services, designs, plans, specifications, surveys,	478
and estimates of cost, financing costs, interest on obligations	479
from their date to the time when interest is to be paid from	480
sources other than proceeds of obligations, amounts necessary to	481
establish any reserves as required by the bond proceedings, the	482
reimbursement of all moneys advanced or applied by or borrowed	483
from any person or governmental agency or entity for the payment	484
of any item of costs of capital facilities, and all other expenses	485
necessary or incident to planning or determining feasibility or	486
practicability with respect to capital facilities, and such other	487
expenses as may be necessary or incident to the acquisition,	488
construction, reconstruction, rehabilitation, remodeling,	489
renovation, enlargement, improvement, equipment, and furnishing of	490
capital facilities, the financing of those costs, and the placing	491
of the capital facilities in use and operation, including any one,	492
part of, or combination of those classes of costs and expenses.	493

(5) "Credit enhancement facilities," "financing costs," and	494
"interest" or "interest equivalent" have the same meanings as in	495
section 133.01 of the Revised Code.	496

(6) "Debt service" means principal, including any mandatory	497
sinking fund or redemption requirements for retirement of	498
obligations, interest and other accreted amounts, interest	499
equivalent, and any redemption premium, payable on obligations.	500
If not prohibited by the applicable bond proceedings, debt service	501
includes costs relating to credit enhancement facilities that are	502
related to and represent, or are intended to provide a source of	503
payment of or limitation on, other debt service.	504

(7) "Issuing authority" means the Ohio public facilities	505
commission created in section 151.02 of the Revised Code for	506
obligations issued under section 151.03, 151.04, 151.05, 151.07,	507
or 151.09 of the Revised Code, or the treasurer of state, or the	508
officer who by law performs the functions of that office, for	509
obligations issued under section 151.06, 151.08, or 151.40 of the	510
Revised Code.	511

(8) "Net proceeds" means amounts received from the sale of	512
obligations, excluding amounts used to refund or retire	513
outstanding obligations, amounts required to be deposited into	514
special funds pursuant to the applicable bond proceedings, and	515
amounts to be used to pay financing costs.	516

(9) "Obligations" means bonds, notes, or other evidences of	517
obligation of the state, including any appertaining interest	518
coupons, issued pursuant to sections 151.01 to 151.09 or 151.40	519
of the Revised Code.	520

(10) "Principal amount" means the aggregate of the amount as	521
stated or provided for in the applicable bond proceedings as the	522
amount on which interest or interest equivalent on particular	523
obligations is initially calculated. Principal amount does not	524
include any premium paid to the state by the initial purchaser of	525
the obligations. "Principal amount" of a capital appreciation	526
bond, as defined in division (C) of section 3334.01 of the Revised	527
Code, means its face amount, and "principal amount" of a zero	528
coupon bond, as defined in division (J) of section 3334.01 of the	529
Revised Code, means the discounted offering price at which the	530
bond is initially sold to the public, disregarding any purchase	531
price discount to the original purchaser, if provided for pursuant	532
to the bond proceedings.	533

(11) "Special funds" or "funds," unless the context indicates	534
otherwise, means the bond service fund, and any other funds,	535
including any reserve funds, created under the bond proceedings	536
and stated to be special funds in those proceedings, including	537
moneys and investments, and earnings from investments, credited	538
and to be credited to the particular fund. Special funds do not	539
include the school building program assistance fund created by	540
section 3318.25 of the Revised Code, the higher education	541
improvement fund created by division (F) of section 154.21 of the	542
Revised Code, the highway capital improvement bond fund created by	543
section 5528.53 of the Revised Code, the state parks and natural	544
resources fund created by section 1557.02 of the Revised Code, the	545
coal research and development fund created by section 1555.15 of	546
the Revised Code, the clean Ohio conservation fund created by	547
section 164.27 of the Revised Code, the clean Ohio revitalization	548
fund created by section 122.658 of the Revised Code, or other	549
funds created by the bond proceedings that are not stated by those	550
proceedings to be special funds.	551

(B) Subject to Section 2l, 2m, 2n, 2o, or 15, and Section	552
17, of Article VIII, Ohio Constitution, the state, by the issuing	553
authority, is authorized to issue and sell, as provided in	554
sections 151.03 to 151.09 or 151.40 of the Revised Code, and in	555
respective aggregate principal amounts as from time to time	556
provided or authorized by the general assembly, general	557
obligations of this state for the purpose of paying costs of	558
capital facilities or projects identified by or pursuant to	559
general assembly action.	560

(C) Each issue of obligations shall be authorized by	561
resolution or order of the issuing authority. The bond	562
proceedings shall provide for or authorize the manner for	563
determining the principal amount or maximum principal amount of	564
obligations of an issue, the principal maturity or maturities, the	565
interest rate or rates, the date of and the dates of payment of	566
interest on the obligations, their denominations, and the place or	567
places of payment of debt service which may be within or outside	568
the state. Unless otherwise provided by law, the latest principal	569
maturity may not be later than the earlier of the thirty-first day	570
of December of the twenty-fifth calendar year after the year of	571
issuance of the particular obligations or of the twenty-fifth	572
calendar year after the year in which the original obligation to	573
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	574
9.982, and 9.983 of the Revised Code apply to obligations. The	575
purpose of the obligations may be stated in the bond proceedings	576
in general terms, such as, as applicable, "financing or assisting	577
in the financing of projects as provided in Section 2l of Article	578
VIII, Ohio Constitution," "financing or assisting in the financing	579
of highway capital improvement projects as provided in Section 2m	580
of Article VIII, Ohio Constitution," "paying costs of capital	581
facilities for a system of common schools throughout the state as	582
authorized by Section 2n of Article VIII, Ohio Constitution,"	583
"paying costs of capital facilities for state-supported and	584
state-assisted institutions of higher education as authorized by	585
Section 2n of Article VIII, Ohio Constitution," "paying costs of	586
coal research and development as authorized by Section 15 of	587
Article VIII, Ohio Constitution," "financing or assisting in the	588
financing of local subdivision capital improvement projects as	589
authorized by Section 2m of Article VIII, Ohio Constitution,"	590
"paying costs of conservation projects as authorized by Section 2o	591
of Article VIII, Ohio Constitution," or "paying costs of	592
revitalization projects as authorized by Section 2o of Article	593
VIII, Ohio Constitution."	594

(D) The issuing authority may appoint or provide for the	595
appointment of paying agents, bond registrars, securities	596
depositories, clearing corporations, and transfer agents, and may	597
without need for any other approval retain or contract for the	598
services of underwriters, investment bankers, financial advisers,	599
accounting experts, marketing, remarketing, indexing, and	600
administrative agents, other consultants, and independent	601
contractors, including printing services, as are necessary in the	602
judgment of the issuing authority to carry out the issuing	603
authority's functions under this chapter. When the issuing	604
authority is the Ohio public facilities commission, the issuing	605
authority also may without need for any other approval retain or	606
contract for the services of attorneys and other professionals for	607
that purpose. Financing costs are payable, as may be provided in	608
the bond proceedings, from the proceeds of the obligations, from	609
special funds, or from other moneys available for the purpose.	610

(E) The bond proceedings may contain additional provisions	611
customary or appropriate to the financing or to the obligations or	612
to particular obligations including, but not limited to,	613
provisions for:	614

(1) The redemption of obligations prior to maturity at the	615
option of the state or of the holder or upon the occurrence of	616
certain conditions, and at particular price or prices and under	617
particular terms and conditions;	618

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

619

(3) The establishment, deposit, investment, and application	620
of special funds, and the safeguarding of moneys on hand or on	621
deposit, in lieu of the applicability of provisions of Chapter	622
131. or 135. of the Revised Code, but subject to any special	623
provisions of sections 151.01 to 151.09 or 151.40 of the Revised	624
Code with respect to the application of particular funds or	625
moneys. Any financial institution that acts as a depository of	626
any moneys in special funds or other funds under the bond	627
proceedings may furnish indemnifying bonds or pledge securities as	628
required by the issuing authority.	629

(4) Any or every provision of the bond proceedings being	630
binding upon the issuing authority and upon such governmental	631
agency or entity, officer, board, commission, authority, agency,	632
department, institution, district, or other person or body as may	633
from time to time be authorized to take actions as may be	634
necessary to perform all or any part of the duty required by the	635
provision;	636

(5) The maintenance of each pledge or instrument comprising	637
part of the bond proceedings until the state has fully paid or	638
provided for the payment of the debt service on the obligations or	639
met other stated conditions;	640

(6) In the event of default in any payments required to be	641
made by the bond proceedings, or by any other agreement of the	642
issuing authority made as part of a contract under which the	643
obligations were issued or secured, including a credit enhancement	644
facility, the enforcement of those payments by mandamus, a suit in	645
equity, an action at law, or any combination of those remedial	646
actions;	647

(7) The rights and remedies of the holders or owners of	648
obligations or of book-entry interests in them, and of third	649
parties under any credit enhancement facility, and provisions for	650
protecting and enforcing those rights and remedies, including	651
limitations on rights of individual holders or owners;	652

(8) The replacement of mutilated, destroyed, lost, or stolen	653
obligations;	654

(9) The funding, refunding, or advance refunding, or other	655
provision for payment, of obligations that will then no longer be	656
outstanding for purposes of this section or of the applicable bond	657
proceedings;	658

(10) Amendment of the bond proceedings;

659

(11) Any other or additional agreements with the owners of	660
obligations, and such other provisions as the issuing authority	661
determines, including limitations, conditions, or qualifications,	662
relating to any of the foregoing.	663

(F) The great seal of the state or a facsimile of it may be	664
affixed to or printed on the obligations. The obligations	665
requiring execution by or for the issuing authority shall be	666
signed as provided in the bond proceedings. Any obligations may	667
be signed by the individual who on the date of execution is the	668
authorized signer although on the date of these obligations that	669
individual is not an authorized signer. In case the individual	670
whose signature or facsimile signature appears on any obligation	671
ceases to be an authorized signer before delivery of the	672
obligation, that signature or facsimile is nevertheless valid and	673
sufficient for all purposes as if that individual had remained the	674
authorized signer until delivery.	675

(G) Obligations are investment securities under Chapter	676
1308. of the Revised Code. Obligations may be issued in bearer or	677
in registered form, registrable as to principal alone or as to	678
both principal and interest, or both, or in certificated or	679
uncertificated form, as the issuing authority determines.	680
Provision may be made for the exchange, conversion, or transfer of	681
obligations and for reasonable charges for registration, exchange,	682
conversion, and transfer. Pending preparation of final	683
obligations, the issuing authority may provide for the issuance of	684
interim instruments to be exchanged for the final obligations.	685

(H) Obligations may be sold at public sale or at private	686
sale, in such manner, and at such price at, above or below par,	687
all as determined by and provided by the issuing authority in the	688
bond proceedings.	689

(I) Except to the extent that rights are restricted by the	690
bond proceedings, any owner of obligations or provider of a credit	691
enhancement facility may by any suitable form of legal proceedings	692
protect and enforce any rights relating to obligations or that	693
facility under the laws of this state or granted by the bond	694
proceedings. Those rights include the right to compel the	695
performance of all applicable duties of the issuing authority and	696
the state. Each duty of the issuing authority and that	697
authority's officers, staff, and employees, and of each state	698
entity or agency, or using district or using institution, and its	699
officers, members, staff, or employees, undertaken pursuant to the	700
bond proceedings, is hereby established as a duty of the entity or	701
individual having authority to perform that duty, specifically	702
enjoined by law and resulting from an office, trust, or station	703
within the meaning of section 2731.01 of the Revised Code. The	704
individuals who are from time to time the issuing authority,	705
members or officers of the issuing authority, or those members'	706
designees acting pursuant to section 154.02 of the Revised Code,	707
or the issuing authority's officers, staff, or employees, are not	708
liable in their personal capacities on any obligations or	709
otherwise under the bond proceedings.	710

(J)(1) Subject to Section 2l, 2m, 2n, 2o, or 15, and	711
Section 17, of Article VIII, Ohio Constitution and sections 151.01	712
to 151.09 or 151.40 of the Revised Code, the issuing authority	713
may, in addition to the authority referred to in division (B) of	714
this section, authorize and provide for the issuance of:	715

(a) Obligations in the form of bond anticipation notes, and	716
may provide for the renewal of those notes from time to time by	717
the issuance of new notes. The holders of notes or appertaining	718
interest coupons have the right to have debt service on those	719
notes paid solely from the moneys and special funds that are or	720
may be pledged to that payment, including the proceeds of bonds or	721
renewal notes or both, as the issuing authority provides in the	722
bond proceedings authorizing the notes. Notes may be additionally	723
secured by covenants of the issuing authority to the effect that	724
the issuing authority and the state will do all things necessary	725
for the issuance of bonds or renewal notes in such principal	726
amount and upon such terms as may be necessary to provide moneys	727
to pay when due the debt service on the notes, and apply their	728
proceeds to the extent necessary, to make full and timely payment	729
of debt service on the notes as provided in the applicable bond	730
proceedings. In the bond proceedings authorizing the issuance of	731
bond anticipation notes the issuing authority shall set forth for	732
the bonds anticipated an estimated schedule of annual principal	733
payments the latest of which shall be no later than provided in	734
division (C) of this section. While the notes are outstanding	735
there shall be deposited, as shall be provided in the bond	736
proceedings for those notes, from the sources authorized for	737
payment of debt service on the bonds, amounts sufficient to pay	738
the principal of the bonds anticipated as set forth in that	739
estimated schedule during the time the notes are outstanding,	740
which amounts shall be used solely to pay the principal of those	741
notes or of the bonds anticipated.	742

(b) Obligations for the refunding, including funding and	743
retirement, and advance refunding with or without payment or	744
redemption prior to maturity, of any obligations previously	745
issued. Refunding obligations may be issued in amounts sufficient	746
to pay or to provide for repayment of the principal amount,	747
including principal amounts maturing prior to the redemption of	748
the remaining prior obligations, any redemption premium, and	749
interest accrued or to accrue to the maturity or redemption date	750
or dates, payable on the prior obligations, and related financing	751
costs and any expenses incurred or to be incurred in connection	752
with that issuance and refunding. Subject to the applicable bond	753
proceedings, the portion of the proceeds of the sale of refunding	754
obligations issued under division (J)(1)(b) of this section to be	755
applied to debt service on the prior obligations shall be credited	756
to an appropriate separate account in the bond service fund and	757
held in trust for the purpose by the issuing authority or by a	758
corporate trustee. Obligations authorized under this division	759
shall be considered to be issued for those purposes for which the	760
prior obligations were issued.	761

(2) Except as otherwise provided in sections 151.01 to	762
151.09 or 151.40 of the Revised Code, bonds or notes authorized	763
pursuant to division (J) of this section are subject to the	764
provisions of those sections pertaining to obligations generally.	765

(3) The principal amount of refunding or renewal obligations	766
issued pursuant to division (J) of this section shall be in	767
addition to the amount authorized by the general assembly as	768
referred to in division (B) of the following sections: section	769
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, or 151.40	770
of the Revised Code.	771

(K) Obligations are lawful investments for banks, savings	772
and loan associations, credit union share guaranty corporations,	773
trust companies, trustees, fiduciaries, insurance companies,	774
including domestic for life and domestic not for life, trustees or	775
other officers having charge of sinking and bond retirement or	776
other special funds of the state and political subdivisions and	777
taxing districts of this state, the sinking fund, the	778
administrator of workers' compensation subject to the approval of	779
the workers' compensation board, the state teachers retirement	780
system, the public employees retirement system, the school	781
employees retirement system, and the Ohio police and fire pension	782
fund, notwithstanding any other provisions of the Revised Code or	783
rules adopted pursuant to those provisions by any state agency	784
with respect to investments by them, and are also acceptable as	785
security for the repayment of the deposit of public moneys. The	786
exemptions from taxation in Ohio as provided for in particular	787
sections of the Ohio Constitution and section 5709.76 of the	788
Revised Code apply to the obligations.	789

(L)(1) Unless otherwise provided or provided for in any	790
applicable bond proceedings, moneys to the credit of or in a	791
special fund shall be disbursed on the order of the issuing	792
authority. No such order is required for the payment, from the	793
bond service fund or other special fund, when due of debt service	794
or required payments under credit enhancement facilities.	795

(2) Payments received by the state under interest rate	796
hedges entered into as credit enhancement facilities under this	797
chapter shall be deposited to the credit of the bond service fund	798
for the obligations to which those credit enhancement facilities	799
relate.	800

(M) The full faith and credit, revenue, and taxing power of	801
the state are and shall be pledged to the timely payment of debt	802
service on outstanding obligations as it comes due, all in	803
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	804
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	805
151.07, 151.08, or 151.09 of the Revised Code. Moneys referred	806
to in Section 5a of Article XII, Ohio Constitution, may not be	807
pledged or used for the payment of debt service except on	808
obligations referred to in section 151.06 of the Revised Code. Net	809
state lottery proceeds, as provided for and referred to in section	810
3770.06 of the Revised Code, may not be pledged or used for the	811
payment of debt service except on obligations referred to in	812
section 151.03 of the Revised Code. The state covenants, and that	813
covenant shall be controlling notwithstanding any other provision	814
of law, that the state and the applicable officers and agencies of	815
the state, including the general assembly, shall, so long as any	816
obligations are outstanding in accordance with their terms,	817
maintain statutory authority for and cause to be levied, collected	818
and applied sufficient pledged excises, taxes, and revenues of the	819
state so that the revenues shall be sufficient in amounts to pay	820
debt service when due, to establish and maintain any reserves and	821
other requirements, and to pay financing costs, including costs of	822
or relating to credit enhancement facilities, all as provided for	823
in the bond proceedings. Those excises, taxes, and revenues are	824
and shall be deemed to be levied and collected, in addition to the	825
purposes otherwise provided for by law, to provide for the payment	826
of debt service and financing costs in accordance with sections	827
151.01 to 151.08151.09 of the Revised Code and the bond	828
proceedings.	829

(N) The general assembly may from time to time repeal or	830
reduce any excise, tax, or other source of revenue pledged to the	831
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	832
15 of Article VIII, Ohio Constitution, and sections 151.01 to	833
151.09 or 151.40 of the Revised Code, and may levy, collect and	834
apply any new or increased excise, tax, or revenue to meet the	835
pledge, to the payment of debt service on outstanding obligations,	836
of the state's full faith and credit, revenue and taxing power, or	837
of designated revenues and receipts, except fees, excises or taxes	838
referred to in Section 5a of Article XII, Ohio Constitution, for	839
other than obligations referred to in section 151.06 of the	840
Revised Code and except net state lottery proceeds for other than	841
obligations referred to in section 151.03 of the Revised Code.	842
Nothing in division (N) of this section authorizes any impairment	843
of the obligation of this state to levy and collect sufficient	844
excises, taxes, and revenues to pay debt service on obligations	845
outstanding in accordance with their terms.	846

(O) Each bond service fund is a trust fund and is hereby	847
pledged to the payment of debt service on the applicable	848
obligations. Payment of that debt service shall be made or	849
provided for by the issuing authority in accordance with the bond	850
proceedings without necessity for any act of appropriation. The	851
bond proceedings may provide for the establishment of separate	852
accounts in the bond service fund and for the application of those	853
accounts only to debt service on specific obligations, and for	854
other accounts in the bond service fund within the general	855
purposes of that fund.	856

(P) Subject to the bond proceedings pertaining to any	857
obligations then outstanding in accordance with their terms, the	858
issuing authority may in the bond proceedings pledge all, or such	859
portion as the issuing authority determines, of the moneys in the	860
bond service fund to the payment of debt service on particular	861
obligations, and for the establishment and maintenance of any	862
reserves for payment of particular debt service.	863

(Q) For obligations issued pursuant to sections 151.01 to	864
151.09 of the Revised Code, the issuing authority shall by the	865
fifteenth day of the July of each fiscal year, certify or cause to	866
be certified to the office of budget and management the total	867
amount of moneys required during the current fiscal year to meet	868
in full all debt service on the respective obligations and any	869
related financing costs payable from the applicable bond service	870
fund and not from the proceeds of refunding or renewal	871
obligations. The issuing authority shall make or cause to be made	872
supplemental certifications to the office of budget and management	873
for each debt service payment date and at such other times during	874
each fiscal year as may be provided in the bond proceedings or	875
requested by that office. Debt service, costs of credit	876
enhancement facilities, and other financing costs shall be set	877
forth separately in each certification. If and so long as the	878
moneys to the credit of the bond service fund, together with any	879
other moneys available for the purpose, are insufficient to meet	880
in full all payments when due of the amount required as stated in	881
the certificate or otherwise, the office of budget and management	882
shall at the times as provided in the bond proceedings, and	883
consistent with any particular provisions in sections 151.03 to	884
151.09 of the Revised Code, transfer a sufficient amount to the	885
bond service fund from the revenues derived from excises, taxes,	886
and other revenues, including net state lottery proceeds in the	887
case of obligations referred to in section 151.03 of the Revised	888
Code.	889

(R) Unless otherwise provided in any applicable bond	890
proceedings, moneys to the credit of special funds may be invested	891
by or on behalf of the state only in one or more of the following:	892

(1) Notes, bondbonds, or other direct obligations of the	893
United States or of any agency or instrumentality of the United	894
States, or in no-front-end-load money market mutual funds	895
consisting exclusively of those obligations, or in repurchase	896
agreements, including those issued by any fiduciary, secured by	897
those obligations, or in collective investment funds consisting	898
exclusively of those obligations;	899

(2) Obligations of this state or any political subdivision	900
of this state;	901

(3) Certificates of deposit of any national bank located in	902
this state and any bank, as defined in section 1101.01 of the	903
Revised Code, subject to inspection by the superintendent of	904
financial institutions;	905

(4) The treasurer of state's pooled investment program under	906
section 135.45 of the Revised Code.	907

The income from investments referred to in division (R) of	908
this section shall, unless otherwise provided in sections 151.01	909
to 151.09 or 151.40 of the Revised Code, be credited to special	910
funds or otherwise as the issuing authority determines in the bond	911
proceedings. Those investments may be sold or exchanged at times	912
as the issuing authority determines, provides for, or authorizes.	913

(S) The treasurer of state shall have responsibility for	914
keeping records, making reports, and making payments, relating to	915
any arbitrage rebate requirements under the applicable bond	916
proceedings.	917

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

918

(1) "Costs of conservation projects" includes related direct	919
administrative expenses and allocable portions of the direct costs	920
of those projects of the department of agriculture, the department	921
of natural resources, or the Ohio public works commission.	922

(2) "Obligations" means obligations as defined in section	923
151.01 of the Revised Code issued to pay costs of projects for	924
conservation purposes as referred to in division (A)(1) of Section	925
2o of Article VIII, Ohio Constitution.	926

(B)(1) The issuing authority shall issue general obligations	927
of the state to pay costs of conservation projects pursuant to	928
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	929
section 151.01 of the Revised Code, and this section. The issuing	930
authority, upon the certification to it by the Ohio public works	931
commission of amounts needed in and for the purposes of the clean	932
Ohio conservation fund created by section 164.27 of the Revised	933
Code, the clean Ohio agricultural easement fund created by	934
section 901.21 of the Revised Code, and the clean Ohio trail fund	935
created by section 1519.05 of the Revised Code, shall issue	936
obligations in the amount determined by the issuing authority to	937
be required for those purposes. The total principal amount of	938
obligations issued under this section shall not exceed two hundred	939
million dollars.	940

(2) In making the certification required under division	941
(B)(1) of this section, the Ohio public works commission shall	942
consult with the department of agriculture and the department of	943
natural resources. The commission shall certify amounts that	944
correspond to the distribution of the net proceeds of obligations	945
provided in division (C) of this section.	946

(C) Net proceeds of obligations shall be deposited as	947
follows:	948

(1) Seventy-five per cent into the clean Ohio conservation	949
fund created by section 164.27 of the Revised Code;	950

(2) Twelve and one-half per cent into the clean Ohio	951
agricultural easement fund created by section 901.21 of the	952
Revised Code;	953

(3) Twelve and one-half per cent into the clean Ohio trail	954
fund created by section 1519.05 of the Revised Code.	955

(D) There is hereby created in the state treasury the	956
conservation projects bond service fund. All moneys received by	957
the state and required by the bond proceedings, consistent with	958
section 151.01 of the Revised Code and this section, to be	959
deposited, transferred, or credited to the bond service fund, and	960
all other moneys transferred or allocated to or received for the	961
purposes of that fund, shall be deposited and credited to the bond	962
service fund, subject to any applicable provisions of the bond	963
proceedings, but without necessity for any act of appropriation.	964
During the period beginning with the date of the first issuance of	965
obligations and continuing during the time that any obligations	966
are outstanding in accordance with their terms, so long as moneys	967
in the bond service fund are insufficient to pay debt service when	968
due on those obligations payable from that fund, except the	969
principal amounts of bond anticipation notes payable from the	970
proceeds of renewal notes or bonds anticipated, and due in the	971
particular fiscal year, a sufficient amount of revenues of the	972
state is committed and, without necessity for further act of	973
appropriation, shall be paid to the bond service fund for the	974
purpose of paying that debt service when due.	975

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

976

(1) "Bond proceedings" includes any trust agreements, and	977
any amendments or supplements to them, as authorized by this	978
section.	979

(2) "Costs of revitalization projects" includes related	980
direct administrative expenses and allocable portions of the	981
direct costs of those projects of the department of development or	982
the environmental protection agency.	983

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

984

(4) "Obligations" means obligations as defined in section	985
151.01 of the Revised Code issued to pay the costs of projects for	986
revitalization purposes as referred to in division (A)(2) of	987
Section 2o of Article VIII, Ohio Constitution.	988

(5) "Pledged liquor profits" means all receipts of the state	989
representing the gross profit on the sale of spirituous liquor, as	990
referred to in division (B)(4) of section 4301.10 of the Revised	991
Code, after paying all costs and expenses of the division of	992
liquor control and providing an adequate working capital reserve	993
for the division of liquor control as provided in that division,	994
but excluding the sum required by the second paragraph of section	995
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	996
to be paid into the state treasury.	997

(6) "Pledged receipts" means, as and to the extent provided	998
in bond proceedings:	999

(a) Pledged liquor profits. The pledge of pledged liquor	1000
profits to obligations is subject to the priority of the pledge of	1001
those profits to obligations issued and to be issued, and	1002
guarantees made and to be made, pursuant to Chapter 166. of the	1003
Revised Code.	1004

(b) Moneys accruing to the state from the lease, sale, or	1005
other disposition or use of revitalization projects or from the	1006
repayment, including any interest, of loans or advances made from	1007
net proceeds;	1008

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

1009

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

1010

(e) Any gifts, grants, donations, or pledges, and receipts	1011
therefrom, available for the payment of debt service;	1012

(f) Additional or any other specific revenues or receipts	1013
lawfully available to be pledged, and pledged, pursuant to further	1014
authorization by the general assembly, to the payment of debt	1015
service.	1016

(B) The issuing authority shall issue obligations of the	1017
state to pay costs of revitalization projects pursuant to division	1018
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1019
151.01 of the Revised Code as applicable to this section, and this	1020
section. The issuing authority, upon the certification to it by	1021
the clean Ohio council of the amount of moneys needed in and for	1022
the purposes of the clean Ohio revitalization fund created by	1023
section 122.658 of the Revised Code, shall issue obligations in	1024
the amount determined by the issuing authority to be required for	1025
those purposes. The total principal amount of obligations issued	1026
under this section shall not exceed two hundred million dollars.	1027
The provisions and authorizations in section 151.01 of the Revised	1028
Code apply to the obligations and the bond proceedings except as	1029
otherwise provided or provided for in those obligations and bond	1030
proceedings.	1031

(C) Net proceeds of obligations shall be deposited in the	1032
clean Ohio revitalization fund created in section 122.658 of the	1033
Revised Code.	1034

(D) There is hereby created the revitalization projects bond	1035
service fund, which shall be in the custody of the treasurer of	1036
state, but shall be separate and apart from and not a part of the	1037
state treasury. All money received by the state and required by	1038
the bond proceedings, consistent with section 151.01 of the	1039
Revised Code and this section, to be deposited, transferred, or	1040
credited to the bond service fund, and all other money transferred	1041
or allocated to or received for the purposes of that fund, shall	1042
be deposited and credited to the bond service fund, subject to any	1043
applicable provisions of the bond proceedings, but without	1044
necessity for any act of appropriation. During the period	1045
beginning with the date of the first issuance of obligations and	1046
continuing during the time that any obligations are outstanding in	1047
accordance with their terms, so long as moneys in the bond service	1048
fund are insufficient to pay debt service when due on those	1049
obligations payable from that fund, except the principal amounts	1050
of bond anticipation notes payable from the proceeds of renewal	1051
notes or bonds anticipated, and due in the particular fiscal year,	1052
a sufficient amount of pledged receipts is committed and, without	1053
necessity for further act of appropriation, shall be paid to the	1054
bond service fund for the purpose of paying that debt service when	1055
due.	1056

(E) The issuing authority may pledge all, or such portion as	1057
the issuing authority determines, of the pledged receipts to the	1058
payment of the debt service charges on obligations issued under	1059
this section, and for the establishment and maintenance of any	1060
reserves, as provided in the bond proceedings, and make other	1061
provisions in the bond proceedings with respect to pledged	1062
receipts as authorized by this section, which provisions are	1063
controlling notwithstanding any other provisions of law pertaining	1064
to them.	1065

(F) The issuing authority may covenant in the bond	1066
proceedings, and such covenants shall be controlling	1067
notwithstanding any other provision of law, that the state and	1068
applicable officers and state agencies, including the general	1069
assembly, so long as any obligations issued under this section are	1070
outstanding, shall maintain statutory authority for and cause to	1071
be charged and collected wholesale or retail prices for spirituous	1072
liquor sold by the state or its agents so that the available	1073
pledged receipts are sufficient in time and amount to meet debt	1074
service payable from pledged liquor profits and for the	1075
establishment and maintenance of any reserves and other	1076
requirements provided for in the bond proceedings.	1077

(G) Obligations may be further secured, as determined by the	1078
issuing authority, by a trust agreement between the state and a	1079
corporate trustee, which may be any trust company or bank having	1080
its principal place of business within the state. Any trust	1081
agreement may contain the resolution or order authorizing the	1082
issuance of the obligations, any provisions that may be contained	1083
in any bond proceedings, and other provisions that are customary	1084
or appropriate in an agreement of that type, including, but not	1085
limited to:	1086

(1) Maintenance of each pledge, trust agreement, or other	1087
instrument comprising part of the bond proceedings until the state	1088
has fully paid or provided for the payment of debt service on the	1089
obligations secured by it;	1090

(2) In the event of default in any payments required to be	1091
made by the bond proceedings, enforcement of those payments or	1092
agreements by mandamus, the appointment of a receiver, suit in	1093
equity, action at law, or any combination of them;	1094

(3) The rights and remedies of the holders or owners of	1095
obligations and of the trustee and provisions for protecting and	1096
enforcing them, including limitations on rights of individual	1097
holders and owners.	1098

(H) The obligations shall not be general obligations of the	1099
state and the full faith and credit, revenue, and taxing power of	1100
the state shall not be pledged to the payment of debt service on	1101
them. The holders or owners of the obligations shall have no right	1102
to have any moneys obligated or pledged for the payment of debt	1103
service except as provided in this section and in the applicable	1104
bond proceedings. The rights of the holders and owners to payment	1105
of debt service are limited to all or that portion of the pledged	1106
receipts, and those special funds, pledged to the payment of debt	1107
service pursuant to the bond proceedings in accordance with this	1108
section, and each obligation shall bear on its face a statement to	1109
that effect.	1110

Sec. 175.03.  (A)(1) The Ohio housing finance agency shall	1111
consist of eleven members. Nine of the members shall be	1112
appointed by the governor with the advice and consent of the	1113
senate. The director of commerce and the director of development,	1114
or their respective designees, shall also be voting members of the	1115
agency. Of the nine appointed members, at least one shall have	1116
experience in residential housing construction; at least one shall	1117
have experience in residential housing mortgage lending, loan	1118
servicing, or brokering; at least one shall have experience in the	1119
licensed residential housing brokerage business; at least one	1120
shall have experience with the housing needs of senior citizens;	1121
at least one shall be from a background in labor representation in	1122
the construction industry; at least one shall represent the	1123
interests of nonprofit multifamily housing development	1124
organizations; at least one shall represent the interests of	1125
for-profit multifamily housing development corporations; and two	1126
shall be public members. The governor shall receive	1127
recommendations from the Ohio housing council for appointees to	1128
represent the interests of nonprofit multifamily housing	1129
development organizations and for-profit multifamily housing	1130
development corporations. Each appointee representing multifamily	1131
housing interests currently shall be active in the represented	1132
area, meaning that the organization with which the appointee is	1133
associated regularly participates in Ohio housing finance agency	1134
programs. No more than six of the appointed members of the	1135
agency shall be of the same political party. Of the appointments	1136
made to the agency for the eighth and ninth appointed members in	1137
accordance with this amendment, one shall be for a term ending on	1138
January 31, 2005, and one shall be for a term ending on January	1139
31, 2006. Thereafter, each appointed member shall serve for a	1140
term ending on the thirty-first day of January which is six years	1141
following the date of termination of the term which it succeeds.	1142
Each member shall hold office from the date of the member's	1143
appointment until the end of the term for which the member was	1144
appointed. Any member appointed to fill a vacancy occurring prior	1145
to the expiration of the term for which the member's predecessor	1146
was appointed shall hold office for the remainder of such term.	1147
Any appointed member shall continue in office subsequent to the	1148
expiration date of the member's term until the member's successor	1149
takes office, or until a period of sixty days has elapsed,	1150
whichever occurs first. Each appointed member may be removed from	1151
office by the governor for misfeasance, nonfeasance, malfeasance	1152
in office, or for failure to attend in person three consecutive	1153
meetings of the agency.	1154

(2) The director of development or the director's designee	1155
shall be the chairperson of the agency. The agency shall elect	1156
one of its appointed members as vice-chairperson and such other	1157
officers as it deems necessary, who need not be members of the	1158
agency. Each appointed member of the agency shall receive	1159
compensation at the rate of one hundred fifty dollars per agency	1160
meeting attended in person, not to exceed a maximum of three	1161
thousand dollars per year. All members shall be reimbursed for	1162
their actual and necessary expenses incurred in the discharge of	1163
their official duties.	1164

(3) sixSix members of the agency constitute a quorum, and	1165
the affirmative vote of six members shall be necessary for any	1166
action taken by the agency. No vacancy in membership of the	1167
agency impairs the right of a quorum to exercise all the rights	1168
and perform all the duties of the agency. Meetings of the agency	1169
may be held at any place within the state. Meetings of the	1170
agency, including notice of the place of meetings, shall comply	1171
with section 121.22 of the Revised Code.	1172

(B)(1) The appointed members of the agency are not subject	1173
to section 102.02 of the Revised Code. Each such appointed member	1174
shall file with the agency a signed written statement setting	1175
forth the general nature of sales of goods, property or services	1176
or of loans to the agency in which such member has a pecuniary	1177
interest or in which any member of the member's immediate family,	1178
as defined in section 102.01 of the Revised Code, or any	1179
corporation, partnership or enterprise of which the member is an	1180
officer, director, or partner, or of which the member or a member	1181
of the member's immediate family, as so defined, owns more than a	1182
five per cent interest, has a pecuniary interest, and of which	1183
sale, loan and interest such member has knowledge. The statement	1184
shall be supplemented from time to time to reflect changes in the	1185
general nature of any such sales or loans. No member shall	1186
participate in portions of agency meetings dealing with, or vote	1187
concerning, any such matter. The	1188

(2) The requirements of this section pertaining to disclosure	1189
and prohibition from participation and voting do not apply to	1190
agency loans to lending institutions or contracts between the	1191
agency and lending institutions for the purchase, administration,	1192
or servicing of loans notwithstanding that such lending	1193
institution has a director, officer, employee, or owner who is a	1194
member of the agency, and no such loans or contracts shall be	1195
deemed to be prohibited or otherwise regulated by reason of any	1196
other law or rule.	1197

(3) The members of the agency representing multifamily	1198
housing interests are not in violation of division (A) of section	1199
2921.42, division (D) of section 102.03, or division (E) of	1200
section 102.03 of the Revised Code in regard to a contract the	1201
agency enters into if both of the following apply:	1202

(a) The contract is entered into for a loan, grant, or	1203
participation in a program administered or funded by the agency	1204
and the contract was awarded pursuant to rules the agency adopted.	1205

(b) The member does not participate in the discussion or vote	1206
on the contract if the contract secured a grant or loan that would	1207
directly benefit the member, a family member, or a business	1208
associate of the member.	1209

Sec. 2921.42.  (A) No public official shall knowingly do any	1210
of the following:	1211

(1) Authorize, or employ the authority or influence of his	1212
the public official's office to secure authorization of any public	1213
contract in which hethe public official, a member of histhe	1214
public official's family, or any of histhe public official's	1215
business associates has an interest;	1216

(2) Authorize, or employ the authority or influence of his	1217
the public official's office to secure the investment of public	1218
funds in any share, bond, mortgage, or other security, with	1219
respect to which hethe public official, a member of histhe	1220
public official's family, or any of histhe public official's	1221
business associates either has an interest, is an underwriter, or	1222
receives any brokerage, origination, or servicing fees;	1223

(3) During histhe public official's term of office or	1224
within one year thereafter, occupy any position of profit in the	1225
prosecution of a public contract authorized by himthe public	1226
official or by a legislative body, commission, or board of which	1227
hethe public official was a member at the time of authorization,	1228
unless the contract was let by competitive bidding to the lowest	1229
and best bidder;	1230

(4) Have an interest in the profits or benefits of a public	1231
contract entered into by or for the use of the political	1232
subdivision or governmental agency or instrumentality with which	1233
hethe public official is connected;	1234

(5) Have an interest in the profits or benefits of a public	1235
contract that is not let by competitive bidding if required by law	1236
and that involves more than one hundred fifty dollars.	1237

(B) In the absence of bribery or a purpose to defraud, a	1238
public official, member of hisa public official's family, or any	1239
of hisa public official's business associates shall not be	1240
considered as having an interest in a public contract or the	1241
investment of public funds, if all of the following apply:	1242

(1) The interest of that person is limited to owning or	1243
controlling shares of the corporation, or being a creditor of the	1244
corporation or other organization, that is the contractor on the	1245
public contract involved, or that is the issuer of the security in	1246
which public funds are invested;	1247

(2) The shares owned or controlled by that person do not	1248
exceed five per cent of the outstanding shares of the corporation,	1249
and the amount due that person as creditor does not exceed five	1250
per cent of the total indebtedness of the corporation or other	1251
organization;	1252

(3) That person, prior to the time the public contract is	1253
entered into, files with the political subdivision or governmental	1254
agency or instrumentality involved, an affidavit giving histhat	1255
person's exact status in connection with the corporation or other	1256
organization.	1257

(C) This section does not apply to a public contract in	1258
which a public official, member of hisa public official's family,	1259
or one of hisa public official's business associates has an	1260
interest, when all of the following apply:	1261

(1) The subject of the public contract is necessary supplies	1262
or services for the political subdivision or governmental agency	1263
or instrumentality involved;	1264

(2) The supplies or services are unobtainable elsewhere for	1265
the same or lower cost, or are being furnished to the political	1266
subdivision or governmental agency or instrumentality as part of a	1267
continuing course of dealing established prior to the public	1268
official's becoming associated with the political subdivision or	1269
governmental agency or instrumentality involved;	1270

(3) The treatment accorded the political subdivision or	1271
governmental agency or instrumentality is either preferential to	1272
or the same as that accorded other customers or clients in similar	1273
transactions;	1274

(4) The entire transaction is conducted at arm's length,	1275
with full knowledge by the political subdivision or governmental	1276
agency or instrumentality involved, of the interest of the public	1277
official, member of histhe public official's family, or business	1278
associate, and the public official takes no part in the	1279
deliberations or decision of the political subdivision or	1280
governmental agency or instrumentality with respect to the public	1281
contract.	1282

(D) Division (A)(4) of this section does not prohibit	1283
participation by a public employee in any housing program funded	1284
by public moneys if the public employee otherwise qualifies for	1285
the program and does not use the authority or influence of histhe	1286
public employee's office or employment to secure benefits from the	1287
program and if the moneys are to be used on the primary residence	1288
of the public employee. Such participation does not constitute an	1289
unlawful interest in a public contract in violation of this	1290
section.	1291

(E) Whoever violates this section is guilty of having an	1292
unlawful interest in a public contract. Violation of division	1293
(A)(1) or (2) of this section is a felony of the fourth degree.	1294
Violation of division (A)(3), (4), or (5) of this section is a	1295
misdemeanor of the first degree.	1296

(F) It is not a violation of this section for a prosecuting	1297
attorney to appoint assistants and employees in accordance with	1298
sections 309.06 and 2921.421 of the Revised Code, for a chief	1299
legal officer of a municipal corporation or an official designated	1300
as prosecutor in a municipal corporation to appoint assistants and	1301
employees in accordance with sections 733.621 and 2921.421 of the	1302
Revised Code, or for a township law director appointed under	1303
section 504.15 of the Revised Code to appoint assistants and	1304
employees in accordance with sections 504.151 and 2921.421 of the	1305
Revised Code.	1306

(F)(G) This section does not apply to a public contract in	1307
which a township trustee in a township with a population of five	1308
thousand or less in its unincorporated area, a member of the	1309
township trustee's family, or one of histhe township trustee's	1310
business associates has an interest, if all of the following	1311
apply:	1312

(1) The subject of the public contract is necessary supplies	1313
or services for the township and the amount of the contract is	1314
less than five thousand dollars per year;	1315

(2) The supplies or services are being furnished to the	1316
township as part of a continuing course of dealing established	1317
before the township trustee held that office with the township;	1318

(3) The treatment accorded the township is either	1319
preferential to or the same as that accorded other customers or	1320
clients in similar transactions;	1321

(4) The entire transaction is conducted with full knowledge	1322
by the township of the interest of the township trustee, member of	1323
histhe township trustee's family, or histhe township trustee's	1324
business associate.	1325

(G)(H) As used in this section:

1326

(1) "Public contract" means any of the following:

1327

(a) The purchase or acquisition, or a contract for the	1328
purchase or acquisition, of property or services by or for the use	1329
of the state, any of its political subdivisions, or any agency or	1330
instrumentality of either, including the employment of an	1331
individual by the state, any of its political subdivisions, or any	1332
agency or instrumentality of either;	1333

(b) A contract for the design, construction, alteration,	1334
repair, or maintenance of any public property.	1335

(2) "Chief legal officer" has the same meaning as in section	1336
733.621 of the Revised Code.	1337

(I) Division (A) of this section does not apply to a public	1338
contract that the Ohio housing finance agency enters into when the	1339
conditions set forth in division (B)(3) of section 175.03 of the	1340
Revised Code apply.	1341

Sec. 3318.023.  Notwithstanding anything to the contrary in	1342
section 3318.02 of the Revised Code, each fiscal year, at the time	1343
that the Ohio school facilities commission conditionally approves	1344
projects of school districts under section 3318.01 to 3318.20 of	1345
the Revised Code for which it plans to provide assistance under	1346
those sections for that fiscal year, the commission also shall	1347
identify the next ten school districts from lowest to highest in	1348
order of the ranking calculated for the previous fiscal year under	1349
division (D) of section 3318.011 of the Revised Code that have not	1350
yet been conditionally approved for assistance under section	1351
3318.01 to 3318.20 of the Revised Code. Those districts shall	1352
have priority in the order of such ranking with the lowest	1353
valuation having the highest priority for future assistance under	1354
those sections over all other school districts except for	1355
districts receiving assistance under division (B)(2) of section	1356
3318.04, section 3318.37, or section 3318.38 of the Revised Code	1357
or districts that have priority under section 3318.05 of the	1358
Revised Code.	1359

Sec. 3318.03.  Before conducting an on-site evaluation of a	1360
school district under section 3318.02 of the Revised Code, at the	1361
request of the district board of education, the Ohio school	1362
facilities commission shall examine any classroom facilities needs	1363
assessment that has been conducted by the district and any master	1364
plan developed for meeting the facility needs of the district.	1365

Upon conducting the on-site evaluation under section 3318.02	1366
of the Revised Code, the Ohio school facilities commission shall	1367
make a determination of all of the following:	1368

(A) The needs of the school district for additional	1369
classroom facilities;	1370

(B) The number of classroom facilities to be included in a	1371
project, including classroom facilities authorized by a bond issue	1372
described in section 3318.033 of the Revised Code, and the basic	1373
project cost of constructing, acquiring, reconstructing, or making	1374
additions to each such facility;	1375

(C) The amount of such cost that the school district can	1376
supply from available funds, by the issuance of bonds previously	1377
authorized by the electors of the school district the proceeds of	1378
which can lawfully be used for the project, including bonds	1379
authorized by the district's electors as described in section	1380
3318.033 of the Revised Code, and by the issuance of bonds under	1381
section 3318.05 of the Revised Code;	1382

(D) The remaining amount of such cost that shall be supplied	1383
by the state;	1384

(E) If the state's portion of the basic project cost exceeds	1385
twenty-five million dollars, theThe amount of the state's portion	1386
to be encumbered in accordance with section 3318.11 of the Revised	1387
Code in the current and subsequent fiscal bienniums from funds	1388
appropriated for purposes of sections 3318.01 to 3318.20 of the	1389
Revised Code.	1390

The commission shall make a determination in favor of	1391
constructing, acquiring, reconstructing, or making additions to a	1392
classroom facility only upon evidence that the proposed project	1393
conforms to sound educational practice, that it is in keeping with	1394
the orderly process of school district reorganization and	1395
consolidation, and that the actual or projected enrollment in each	1396
classroom facility proposed to be included in the project is at	1397
least three hundred fifty pupils. Exceptions shall be authorized	1398
only in those districts where topography, sparsity of population,	1399
and other factors make larger schools impracticable.	1400

Sections 125.81 and 153.04 of the Revised Code shall not	1401
apply to classroom facilities constructed under sections 3318.01	1402
to 3318.20 of the Revised Code.	1403

Sec. 3318.04.  (A) If the Ohio school facilities commission	1404
makes a determination under section 3318.03 of the Revised Code in	1405
favor of constructing, acquiring, reconstructing, or making	1406
additions to a classroom facility, the project shall be	1407
conditionally approved. Such conditional approval shall be	1408
submitted to the controlling board for approval thereof. The	1409
controlling board shall forthwith approve or reject the	1410
commission's determination, conditional approval, the amount of	1411
the state's portion of the basic project cost, and, if the state's	1412
portion exceeds twenty-five million dollars, the amount of the	1413
state's portion to be encumbered in the current fiscal biennium.	1414
In the event of approval thereof by the controlling board, the	1415
commission shall certify such conditional approval to the school	1416
district board and shall encumber from the total funds	1417
appropriated for the purpose of sections 3318.01 to 3318.20 of the	1418
Revised Code the amount of the state's portion of the basic	1419
project cost or, if the state's portion exceeds twenty-five	1420
million dollars, the amount approved under this section to be	1421
encumbered in the current fiscal biennium.	1422

The basic project cost for a project approved under this	1423
section shall not exceed the cost that would otherwise have to be	1424
incurred if the classroom facilities to be constructed, acquired,	1425
or reconstructed, or the additions to be made to classroom	1426
facilities, under such project meet, but do not exceed, the	1427
specifications for plans and materials for classroom facilities	1428
adopted by the commission.	1429

(B)(1) No school district shall have a project conditionally	1430
approved pursuant to this section if the school district has	1431
already received any assistance for a project funded under any	1432
version of sections 3318.01 to 3318.20 of the Revised Code, and	1433
the prior project was one for which the electors of such district	1434
approved a levy within the last twenty years pursuant to any	1435
version of section 3318.06 of the Revised Code for purposes of	1436
qualifying for the funding of that project, unless the district	1437
demonstrates to the satisfaction of the commission that the	1438
district has experienced since approval of its prior project an	1439
exceptional increase in enrollment significantly above the	1440
district's design capacity under that prior project as determined	1441
by rule of the commission.	1442

(2) Notwithstanding division (B)(1) of this section, any	1443
school district that received assistance under sections 3318.01 to	1444
3318.20 of the Revised Code, as those sections existed prior to	1445
May 20, 1997, may receive additional assistance under those	1446
sections, as they exist on and after May 20, 1997, prior to the	1447
expiration of the period of time required under division (B)(1) of	1448
this section, if the percentile in which the school district is	1449
located, as determined under section 3318.011 of the Revised Code,	1450
is eligible for assistance as prescribed in section 3318.02 of the	1451
Revised Code.	1452

The commission may provide assistance under sections 3318.01	1453
to 3318.20 of the Revised Code pursuant to this division to no	1454
more than five school districts per fiscal year until all eligible	1455
school districts have received the additional assistance	1456
authorized under this division. The commission shall establish	1457
application procedures, deadlines, and priorities for funding	1458
projects under this division.	1459

The commission at its discretion may waive current design	1460
specifications it has adopted for projects under sections 3318.01	1461
to 3318.20 of the Revised Code when assessing an application for	1462
additional assistance under this division for the renovation of	1463
classroom facilities constructed or renovated under a school	1464
district's previous project. If the commission finds that a	1465
school district's existing classroom facilities are adequate to	1466
meet all of the school district's needs, the commission may	1467
determine that no additional state assistance be awarded to a	1468
school district under this division.	1469

In order for a school district to be eligible to receive any	1470
additional assistance under this division, the school district	1471
electors shall extend the school district's existing levy	1472
dedicated for maintenance of classroom facilities under Chapter	1473
3318. of the Revised Code, pursuant to section 3318.061 of the	1474
Revised Code or shall provide equivalent alternative maintenance	1475
funds as specified in division (B)(A)(2) of section 3318.06 of the	1476
Revised Code.	1477

(3) Notwithstanding division (B)(1) of this section, any	1478
school district that has received assistance under sections	1479
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	1480
receive additional assistance if the commission decides in favor	1481
of providing such assistance pursuant to section 3318.042 of the	1482
Revised Code.	1483

Sec. 3318.056.  A school district may adopt a resolution	1484
proposing that any of the following questions be combined with the	1485
questions specified in divisions (A) and (B) of section 3318.05 of	1486
the Revised Code:	1487

(A) A bond issue question under section 133.18 of the	1488
Revised Code;	1489

(B) A tax levy question under section 5705.21 of the	1490
Revised Code;	1491

(C) A combined bond issue and tax levy question under	1492
section 5705.218 of the Revised Code;	1493

(D) A school district income tax question under section	1494
5748.08 of the Revised Code.	1495

Any question described in divisions (A) to (D) of this	1496
section that is combined with a question proposed under divisions	1497
(A) and (B) of section 3318.05 of the Revised Code shall be for	1498
the purpose of either paying for any permanent improvement as	1499
defined in section 133.01 of the Revised Code or generating	1500
operating revenue specifically for the facilities acquired under	1501
the school district's project under Chapter 3318. of the Revised	1502
Code or for both to the extent such purposes are permitted by the	1503
sections of law under which each is proposed.	1504

Sec. 3318.06. (A) After receipt of the conditional approval	1505
of the Ohio school facilities commission, the school district	1506
board by a majority of all of its members shall, if it desires to	1507
proceed with the project, declare all of the following by	1508
resolution:	1509

(A)(1) That by issuing bonds in an amount equal to the	1510
school district's portion of the basic project cost, including	1511
bonds previously authorized by the district's electors as	1512
described in section 3318.033 of the Revised Code, the district is	1513
unable to provide adequate classroom facilities without assistance	1514
from the state;	1515

(B)(2) Unless the school district board has resolved to	1516
apply the proceeds of a property tax or the proceeds of an income	1517
tax, or a combination of proceeds from such taxes, as authorized	1518
under section 3318.052 of the Revised Code, that to qualify for	1519
such state assistance it is necessary to do either of the	1520
following:	1521

(1)(a) Levy a tax outside the ten-mill limitation the	1522
proceeds of which shall be used to pay the cost of maintaining the	1523
classroom facilities included in the project;	1524

(2)(b) Earmark for maintenance of classroom facilities from	1525
the proceeds of an existing permanent improvement tax levied under	1526
section 5705.21 of the Revised Code, if such tax is of at least	1527
two mills for each dollar of valuation and can be used for	1528
maintenance, an amount equivalent to the amount of the additional	1529
tax otherwise required under this section and sections 3318.05 and	1530
3318.08 of the Revised Code.	1531

(C)(3) That the question of any tax levy specified in a	1532
resolution described in division (B)(1)(A)(2)(a) of this section,	1533
if required, shall be submitted to the electors of the school	1534
district at the next general or primary election, if there be a	1535
general or primary election not less than seventy-five and not	1536
more than ninety-five days after the day of the adoption of such	1537
resolution or, if not, at a special election to be held at a time	1538
specified in the resolution which shall be not less than	1539
seventy-five days after the day of the adoption of the resolution	1540
and which shall be in accordance with the requirements of section	1541
3501.01 of the Revised Code.	1542

Such resolution shall also state that the question of issuing	1543
bonds of the board shall be combined in a single proposal with the	1544
question of such tax levy. More than one election under this	1545
section may be held in any one calendar year. Such resolution	1546
shall specify both of the following:	1547

(1)(a) That the rate which it is necessary to levy shall be	1548
at the rate of not less than one-half mill for each one dollar of	1549
valuation, and that such tax shall be levied for a period of	1550
twenty-three years;	1551

(2)(b) That the proceeds of the tax shall be used to pay the	1552
cost of maintaining the classroom facilities included in the	1553
project.	1554

(B) A copy of sucha resolution adopted under division (A)	1555
of this section shall after its passage and not less than	1556
seventy-five days prior to the date set therein for the election	1557
be certified to the county board of elections.	1558

The resolution of the school district board, in addition to	1559
meeting other applicable requirements of section 133.18 of the	1560
Revised Code, shall state that the amount of bonds to be issued	1561
will be an amount equal to the school district's portion of the	1562
basic project cost, and state the maximum maturity of the bonds	1563
which, notwithstanding section 133.20 of the Revised Code, may be	1564
any number of years not exceeding twenty-threethe term calculated	1565
under section 133.20 of the Revised Code as determined by the	1566
board. In estimating the amount of bonds to be issued, the board	1567
shall take into consideration the amount of moneys then in the	1568
bond retirement fund and the amount of moneys to be collected for	1569
and disbursed from the bond retirement fund during the remainder	1570
of the year in which the resolution of necessity is adopted.	1571

If the bonds are to be issued in more than one series, the	1572
resolution may state, in addition to the information required to	1573
be stated under division (B)(3) of section 133.18 of the Revised	1574
Code, the number of series, which shall not exceed five, the	1575
principal amount of each series, and the approximate date each	1576
series will be issued, and may provide that no series, or any	1577
portion thereof, may be issued before such date. Upon such a	1578
resolution being certified to the county auditor as required by	1579
division (C) of section 133.18 of the Revised Code, the county	1580
auditor, in calculating, advising, and confirming the estimated	1581
average annual property tax levy under that division, shall also	1582
calculate, advise, and confirm by certification the estimated	1583
average property tax levy for each series of bonds to be issued.	1584

Notice of the election shall include the fact that the tax	1585
levy shall be at the rate of not less than one-half mill for each	1586
one dollar of valuation for a period of twenty-three years, and	1587
that the proceeds of the tax shall be used to pay the cost of	1588
maintaining the classroom facilities included in the project.	1589

If the bonds are to be issued in more than one series, the	1590
board of education, when filing copies of the resolution with the	1591
board of elections as required by division (D) of section 133.18	1592
of the Revised Code, may direct the board of elections to include	1593
in the notice of election the principal amount and approximate	1594
date of each series, the maximum number of years over which the	1595
principal of each series may be paid, the estimated additional	1596
average property tax levy for each series, and the first calendar	1597
year in which the tax is expected to be due for each series, in	1598
addition to the information required to be stated in the notice	1599
under division (E)(3)(a) to (e) of section 133.18 of the Revised	1600
Code.	1601

The(C)(1) Except as otherwise provided in division (C)(2)	1602
of this section, the form of the ballot to be used at such	1603
election shall be:	1604

"A majority affirmative vote is necessary for passage.

1605

Shall bonds be issued by the ............ (here insert name	1606
of school district) school district to pay the local share of	1607
school construction under the State of Ohio Classroom Facilities	1608
Assistance Program in the principal amount of ............ (here	1609
insert principal amount of the bond issue), to be repaid annually	1610
over a maximum period of ............ (here insert the maximum	1611
number of years over which the principal of the bonds may be paid)	1612
years, and an annual levy of property taxes be made outside the	1613
ten-mill limitation, estimated by the county auditor to average	1614
over the repayment period of the bond issue ............ (here	1615
insert the number of mills estimated) mills for each one dollar of	1616
tax valuation, which amounts to ............ (rate expressed in	1617
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	1618
for each one hundred dollars of tax valuation to pay the annual	1619
debt charges on the bonds and to pay debt charges on any notes	1620
issued in anticipation of the bonds?"	1621

and, unless the additional levy

1622

of taxes is not required pursuant

1623

to division (C) of section

1624

3318.05 of the Revised Code,

1625

"Shall an additional levy of taxes be made for a period of	1626
twenty-three years to benefit the ............ (here insert name	1627
of school district) school district, the proceeds of which shall	1628
be used to pay the cost of maintaining the classroom facilities	1629
included in the project at the rate of .......... (here insert the	1630
number of mills, which shall not be less than one-half mill) mills	1631
for each one dollar of valuation?	1632

1633

1636

(2) If authority is sought to issue bonds in more than one	1637
series and the board of education so elects, the form of the	1638
ballot shall be as prescribed in section 3318.062 of the Revised	1639
Code. If the board of education elects the form of the ballot	1640
prescribed in that section, it shall so state in the resolution	1641
adopted under this section.	1642

(D) If it is necessary for the school district to acquire a	1643
site for the classroom facilities to be acquired pursuant to	1644
sections 3318.01 to 3318.20 of the Revised Code, the district	1645
board may propose either to issue bonds of the board or to levy a	1646
tax to pay for the acquisition of such site, and may combine the	1647
question of doing so with the questions specified in division (C)	1648
(B) of this section. Bonds issued under this division for the	1649
purpose of acquiring a site are a general obligation of the school	1650
district and are Chapter 133. securities.	1651

The form of that portion of the ballot to include the	1652
question of either issuing bonds or levying a tax for site	1653
acquisition purposes shall be one of the following:	1654

(1) "Shall bonds be issued by the ............ (here insert	1655
name of the school district) school district to pay costs of	1656
acquiring a site for classroom facilities under the State of Ohio	1657
Classroom Facilities Assistance Program in the principal amount of	1658
.......... (here insert principal amount of the bond issue), to be	1659
repaid annually over a maximum period of .......... (here insert	1660
maximum number of years over which the principal of the bonds may	1661
be paid) years, and an annual levy of property taxes be made	1662
outside the ten-mill limitation, estimated by the county auditor	1663
to average over the repayment period of the bond issue ..........	1664
(here insert number of mills) mills for each one dollar of tax	1665
valuation, which amount to .......... (here insert rate expressed	1666
in cents or dollars and cents, such as "thirty-six cents" or	1667
"$0.36") for each one hundred dollars of valuation to pay the	1668
annual debt charges on the bonds and to pay debt charges on any	1669
notes issued in anticipation of the bonds?"	1670

(2) "Shall an additional levy of taxes outside the ten-mill	1671
limitation be made for the benefit of the .......... (here insert	1672
name of the school district) .......... school district for the	1673
purpose of acquiring a site for classroom facilities in the sum of	1674
......... (here insert annual amount the levy is to produce)	1675
estimated by the county auditor to average ........ (here insert	1676
number of mills) mills for each one hundred dollars of valuation,	1677
for a period of ......... (here insert number of years the millage	1678
is to be imposed) years?"	1679

Where it is necessary to combine the question of issuing	1680
bonds of the school district and levying a tax as described in	1681
division (C)(B) of this section with the question of issuing bonds	1682
of the school district for acquisition of a site, the question	1683
specified in that division (C) of this section to be voted on	1684
shall be "For the Bond Issues and the Tax Levy" and "Against the	1685
Bond Issues and the Tax Levy."	1686

Where it is necessary to combine the question of issuing	1687
bonds of the school district and levying a tax as described in	1688
division (C)(B) of this section with the question of levying a tax	1689
for the acquisition of a site, the question specified in that	1690
division (C) of this section to be voted on shall be "For the Bond	1691
Issue and the Tax Levies" and "Against the Bond Issue and the Tax	1692
Levies."	1693

Where the school district board chooses to combine the	1694
question in division (B) of this section with any of the	1695
additional questions described in divisions (A) to (D) of section	1696
3318.056 of the Revised Code, the question specified in division	1697
(B) of this section to be voted on shall be "For the Bond Issues	1698
and the Tax Levies" and "Against the Bond Issues and the Tax	1699
Levies."	1700

If a majority of those voting upon a proposition hereunder	1701
which includes the question of issuing bonds vote in favor	1702
thereof, and if the agreement provided for by section 3318.08 of	1703
the Revised Code has been entered into, the school district board	1704
may proceed under Chapter 133. of the Revised Code, with the	1705
issuance of bonds or bond anticipation notes in accordance with	1706
the terms of the agreement.	1707

Sec. 3318.061.  This section applies only to school districts	1708
eligible to receive additional assistance under division (B)(2) of	1709
section 3318.04 of the Revised Code and to big eight districts	1710
segmenting projects under section 3318.38 of the Revised Code.	1711

The board of education of a school district in which a tax	1712
described by division (B) of section 3318.05 and levied under	1713
section 3318.06 of the Revised Code is in effect, may adopt a	1714
resolution by vote of a majority of its members to extend the term	1715
of that tax beyond the expiration of that tax as originally	1716
approved under that section. The school district board may	1717
include in the resolution a proposal to extend the term of that	1718
tax at the rate of not less than one-half mill for each dollar of	1719
valuation for a period of twenty-three years from the year in	1720
which the school district board and the Ohio school facilities	1721
commission enter into an agreement under division (B)(2) of	1722
section 3318.04 of the Revised Code or in the following year, as	1723
specified in the resolution or, as applicable in the case of a	1724
district segmenting a project under section 3318.38 of the Revised	1725
Code, from the year in which the last segment is undertaken. Such	1726
a resolution may be adopted at any time before such an agreement	1727
is entered into and before the tax levied pursuant to section	1728
3318.06 of the Revised Code expires. If the resolution is	1729
combined with a resolution to issue bonds to pay the school	1730
district's portion of the basic project cost, it shall conform	1731
with the requirements of divisions (A), (B)(1), (2), and (C)(3) of	1732
section 3318.06 of the Revised Code, except that the resolution	1733
also shall state that the tax levy proposed in the resolution is	1734
an extension of an existing tax levied under that section. A	1735
resolution proposing an extension adopted under this section does	1736
not take effect until it is approved by a majority of electors	1737
voting in favor of the resolution at a general, primary, or	1738
special election as provided in this section.	1739

A tax levy extended under this section is subject to the same	1740
terms and limitations to which the original tax levied under	1741
section 3318.06 of the Revised Code is subject under that section,	1742
except the term of the extension shall be as specified in this	1743
section.	1744

The school district board shall certify a copy of the	1745
resolution adopted under this section to the proper county board	1746
of elections not later than seventy-five days before the date set	1747
in the resolution as the date of the election at which the	1748
question will be submitted to electors. The notice of the	1749
election shall conform with the requirements of division (C)(A)(3)	1750
of section 3318.06 of the Revised Code, except that the notice	1751
also shall state that the maintenance tax levy is an extension of	1752
an existing tax levy.	1753

The form of the ballot shall be as follows:

1754

"Shall the existing tax levied to pay the cost of maintaining	1755
classroom facilities constructed with the proceeds of the	1756
previously issued bonds at the rate of .......... (here insert the	1757
number of mills, which shall not be less than one-half mill) mills	1758
per dollar of tax valuation, be extended until ........ (here	1759
insert the year that is twenty-three years after the year in which	1760
the district and commission will enter into an agreement under	1761
division (B)(2) of section 3318.04 of the Revised Code or the	1762
following year)?	1763

1764

1767

Section 3318.07 of the Revised Code applies to ballot	1768
questions under this section.	1769

Sec. 3318.062.  (A) If authority is sought to issue bonds	1770
in more than one series to pay the school district's portion of	1771
the basic project cost under sections 3318.01 to 3318.20 of the	1772
Revised Code, the form of the ballot shall be:	1773

"Shall bonds be issued by the .......... (here insert name	1774
of school district) school district to pay the local share of	1775
school construction under the State of Ohio Classroom Facilities	1776
Assistance Program in the total principal amount of ..........	1777
(total principal amount of the bond issue), to be issued in ......	1778
(number of series) series, each series to be repaid annually over	1779
not more than ...... (maximum number of years over which the	1780
principal of each series may be paid) years, and an annual levy of	1781
property taxes be made outside the ten-mill limitation to pay the	1782
annual debt charges on the bonds and on any notes issued in	1783
anticipation of the bonds, at a rate estimated by the county	1784
auditor to average over the repayment period of each series as	1785
follows: .......... (insert the following for each series: "the	1786
.......... series, in a principal amount of .......... dollars,	1787
requiring ...... mills per dollar of tax valuation, which amounts	1788
to ...... (rate expressed in cents or dollars and cents, such as	1789
"36 cents" or "$1.41") for each one hundred dollars in tax	1790
valuation, commencing in .......... and first payable in	1791
..........)?"	1792

and, unless the additional levy

1793

of taxes is not required pursuant

1794

to division (C) of section

1795

3318.05 of the Revised Code,

1796

"Shall an additional levy of taxes be made for a period of	1798
twenty-three years to benefit the .......... (here insert name of	1799
school district) school district, the proceeds of which shall be	1800
used to pay the cost of maintaining the classroom facilities	1801
included in the project at the rate of .......... (here insert the	1802
number of mills, which shall not be less than one-half mill) mills	1803
for each one dollar of valuation?	1804

1805

1808

(B) If it is necessary for the school district to acquire a	1809
site for the classroom facilities to be acquired pursuant to	1810
sections 3318.01 to 3318.20 of the Revised Code, the district	1811
board may propose either to issue bonds of the board or to levy a	1812
tax to pay for the acquisition of such site, and may combine the	1813
question of doing so with the questions specified in division (A)	1814
of this section. Bonds issued under this division for the purpose	1815
of acquiring a site are a general obligation of the school	1816
district and are Chapter 133. securities.	1817

The form of that portion of the ballot to include the	1818
question of either issuing bonds or levying a tax for site	1819
acquisition purposes shall be one of the forms prescribed in	1820
division (D) of section 3318.06 of the Revised Code.	1821

(C) Where the school district board chooses to combine the	1822
question in division (A) of this section with any of the	1823
additional questions described in divisions (A) to (D) of section	1824
3318.056 of the Revised Code, the question specified in division	1825
(A) of this section to be voted on shall be "For the Bond Issues	1826
and the Tax Levies" and "Against the Bond Issues and the Tax	1827
Levies."	1828

(D) If a majority of those voting upon a proposition	1829
prescribed in this section which includes the question of issuing	1830
bonds vote in favor of that issuance, and if the agreement	1831
prescribed in section 3318.08 of the Revised Code has been entered	1832
into, the school district board may proceed under Chapter 133. of	1833
the Revised Code with the issuance of bonds or bond anticipation	1834
notes in accordance with the terms of the agreement.	1835

Sec. 3318.08.  If the requisite favorable vote on the	1836
election is obtained, or if the school district board has resolved	1837
to apply the proceeds of a property tax levy or the proceeds of an	1838
income tax, or a combination of proceeds from such taxes, as	1839
authorized in section 3318.052 of the Revised Code, the Ohio	1840
school facilities commission, upon certification to it of either	1841
the results of the election or the resolution under section	1842
3318.052 of the Revised Code, shall enter into a written agreement	1843
with the school district board for the construction and sale of	1844
the project, which agreement shall include, but need not be	1845
limited to, the following provisions:	1846

(A) The sale and issuance of bonds or notes in anticipation	1847
thereof, as soon as practicable after the execution of the	1848
agreement, in an amount equal to the school district's portion of	1849
the basic project cost, including any bonds previously authorized	1850
by the district's electors as described in section 3318.033 of the	1851
Revised Code; provided, that if at that time the county treasurer	1852
of each county in which the school district is located has not	1853
commenced the collection of taxes on the general duplicate of real	1854
and public utility property for the year in which the controlling	1855
board approved the project, the school district board shall	1856
authorize the issuance of a first installment of bond anticipation	1857
notes in an amount specified by the agreement, which amount shall	1858
not exceed an amount necessary to raise the net bonded	1859
indebtedness of the school district as of the date of the	1860
controlling board's approval to within five thousand dollars of	1861
the required level of indebtedness for the preceding year. In the	1862
event that a first installment of bond anticipation notes is	1863
issued, the school district board shall, as soon as practicable	1864
after the county treasurer of each county in which the school	1865
district is located has commenced the collection of taxes on the	1866
general duplicate of real and public utility property for the year	1867
in which the controlling board approved the project, authorize the	1868
issuance of a second and final installment of bond anticipation	1869
notes or a first and final issue of bonds.	1870

The combined value of the first and second installment of	1871
bond anticipation notes or the value of the first and final issue	1872
of bonds shall be equal to the school district's portion of the	1873
basic project cost. The proceeds of any such bonds shall be used	1874
first to retire any bond anticipation notes. Otherwise, the	1875
proceeds of such bonds and of any bond anticipation notes, except	1876
the premium and accrued interest thereon, shall be deposited in	1877
the school district's project construction fund. In determining	1878
the amount of net bonded indebtedness for the purpose of fixing	1879
the amount of an issue of either bonds or bond anticipation notes,	1880
gross indebtedness shall be reduced by moneys in the bond	1881
retirement fund only to the extent of the moneys therein on the	1882
first day of the year preceding the year in which the controlling	1883
board approved the project. Should there be a decrease in the tax	1884
valuation of the school district so that the amount of	1885
indebtedness that can be incurred on the tax duplicates for the	1886
year in which the controlling board approved the project is less	1887
than the amount of the first installment of bond anticipation	1888
notes, there shall be paid from the school district's project	1889
construction fund to the school district's bond retirement fund to	1890
be applied against such notes an amount sufficient to cause the	1891
net bonded indebtedness of the school district, as of the first	1892
day of the year following the year in which the controlling board	1893
approved the project, to be within five thousand dollars of the	1894
required level of indebtedness for the year in which the	1895
controlling board approved the project. The maximum amount of	1896
indebtedness to be incurred by any school district board as its	1897
share of the cost of the project is either an amount that will	1898
cause its net bonded indebtedness, as of the first day of the year	1899
following the year in which the controlling board approved the	1900
project, to be within five thousand dollars of the required level	1901
of indebtedness, or an amount equal to the required percentage of	1902
the basic project costs, whichever is greater. All bonds and bond	1903
anticipation notes shall be issued in accordance with Chapter 133.	1904
of the Revised Code, and notes may be renewed as provided in	1905
section 133.22 of the Revised Code.	1906

(B) The transfer of such funds of the school district board	1907
available for the project, together with the proceeds of the sale	1908
of the bonds or notes, except premium, accrued interest, and	1909
interest included in the amount of the issue, to the school	1910
district's project construction fund;	1911

(C) If section 3318.052 of the Revised Code applies, the	1912
earmarking of the proceeds of a tax levied under section 5705.21	1913
of the Revised Code for general ongoing permanent or under	1914
section 5705.218 of the Revised Code for the purpose of permanent	1915
improvements, or the proceeds of a school district income tax	1916
levied under Chapter 5748. of the Revised Code, or the proceeds	1917
from a combination of those two taxes, in an amount to pay all or	1918
part of the service charges on bonds issued to pay the school	1919
district portion of the project and an amount equivalent to all or	1920
part of the tax required under division (B) of section 3318.05 of	1921
the Revised Code.	1922

(C)(D) If section 3318.052 of the Revised Code does not	1923
apply, either of the following:	1924

(1) The levy of the tax authorized at the election for the	1925
payment of maintenance costs, as specified in division (B) of	1926
section 3318.05 of the Revised Code;	1927

(2) If the school district electors have approved a	1928
continuing tax of at least two mills for each dollar of valuation	1929
for general ongoing permanent improvements under section 5705.21	1930
of the Revised Code and that tax can be used for maintenance, the	1931
earmarking of an amount of the proceeds from such tax for	1932
maintenance of classroom facilities as specified in division (B)	1933
of section 3318.05 of the Revised Code.	1934

(D)(E) Dedication of any local donated contribution as	1935
provided for under section 3318.084 of the Revised Code, including	1936
a schedule for depositing such moneys applied as an offset of the	1937
district's obligation to levy the tax described in division (B) of	1938
section 3318.05 of the Revised Code as required under division	1939
(D)(2) of section 3318.084 of the Revised Code.	1940

(F) Ownership of or interest in the project during the	1941
period of construction, which shall be divided between the	1942
commission and the school district board in proportion to their	1943
respective contributions to the school district's project	1944
construction fund;	1945

(E)(G) Maintenance of the state's interest in the project	1946
until any obligations issued for the project under section 3318.26	1947
of the Revised Code are no longer outstanding;	1948

(F)(H) The insurance of the project by the school district	1949
from the time there is an insurable interest therein and so long	1950
as the state retains any ownership or interest in the project	1951
pursuant to division (D)(F) of this section, in such amounts and	1952
against such risks as the commission shall require; provided, that	1953
the cost of any required insurance until the project is completed	1954
shall be a part of the basic project cost;	1955

(G)(I) The certification by the director of budget and	1956
management that funds are available and have been set aside to	1957
meet the state's share of the basic project cost as approved by	1958
the controlling board pursuant to section 3318.04 of the Revised	1959
Code;	1960

(H)(J) Authorization of the school district board to	1961
advertise for and receive construction bids for the project, for	1962
and on behalf of the commission, and to award contracts in the	1963
name of the state subject to approval by the commission;	1964

(I)(K) Provisions for the disbursement of moneys from the	1965
school district's project account upon issuance by the commission	1966
or the commission's designated representative of vouchers for work	1967
done to be certified to the commission by the treasurer of the	1968
school district board;	1969

(J)(L) Disposal of any balance left in the school district's	1970
project construction fund upon completion of the project;	1971

(K)(M) Limitations upon use of the project or any part of it	1972
so long as any obligations issued to finance the project under	1973
section 3318.26 of the Revised Code are outstanding;	1974

(L)(N) Provision for vesting the state's interest in the	1975
project to the school district board when the obligations issued	1976
to finance the project under section 3318.26 of the Revised Code	1977
are outstanding;	1978

(M)(O) Provision for deposit of an executed copy of the	1979
agreement in the office of the commission;	1980

(N)(P) Provision for termination of the contract and release	1981
of the funds encumbered at the time of the conditional approval,	1982
if the proceeds of the sale of the bonds of the school district	1983
board are not paid into the school district's project construction	1984
fund and if bids for the construction of the project have not been	1985
taken within such period after the execution of the agreement as	1986
may be fixed by the commission;	1987

(O)(Q) Provision for the school district to maintain the	1988
project in accordance with a plan approved by the commission;	1989

(P) Provision(R)(1) For all school districts except those	1990
undertaking a project under section 3318.38 of the Revised Code,	1991
provision that all state funds reserved and encumbered to pay	1992
the state share of the cost of the project pursuant to section	1993
3318.03 of the Revised Code be spent on the construction or	1994
acquisition of the project prior to the expenditure of any funds	1995
provided by the school district to pay for its share of the	1996
project cost, unless the school district certifies to the	1997
commission that expenditure by the school district is necessary to	1998
maintain the tax-exempt status of notes or bonds issued by the	1999
school district to pay for its share of the project cost or to	2000
comply with applicable temporary investment periods or spending	2001
exceptions to rebate as provided for under federal law in regard	2002
to those notes or bonds, in which casecases, the school district	2003
may commit to spend, or spend, a portion of the funds it provides;	2004

(2) For school districts undertaking a project under section	2005
3318.38 of the Revised Code, provision that the state funds	2006
reserved and encumbered and the funds provided by the school	2007
district to pay the basic project cost of any segment of the	2008
project, or of the entire project if it is not divided into	2009
segments, be spent on the construction and acquisition of the	2010
project simultaneously in proportion to the state's and the school	2011
district's respective shares of that basic project cost as	2012
determined under section 3318.032 of the Revised Code.	2013

(Q)(S) A provision stipulating that the commission may	2014
prohibit the district from proceeding with any project if the	2015
commission determines that the site is not suitable for	2016
construction purposes. The commission may perform soil tests in	2017
its determination of whether a site is appropriate for	2018
construction purposes.	2019

(R)(T) A provision stipulating that, unless otherwise	2020
authorized by the commission, any contingency reserve portion of	2021
the construction budget prescribed by the commission shall be used	2022
only to pay costs resulting from unforeseen job conditions, to	2023
comply with rulings regarding building and other codes, to pay	2024
costs related to design clarifications or corrections to contract	2025
documents, and to pay the costs of settlements or judgments	2026
related to the project as provided under section 3318.086 of the	2027
Revised Code.	2028

Sec. 3318.084.  (A) Notwithstanding anything to the contrary	2029
in Chapter 3318. of the Revised Code, a school district board may	2030
apply any local donated contribution toward either or both of the	2031
following:	2032

(1) The district's portion of the basic project cost of a	2033
project under sections 3318.01 to 3318.20 of the Revised Code to	2034
reduce the amount of bonds the district otherwise must issue in	2035
order to receive state assistance under those sections;	2036

(2) An offset of all or part of a district's obligation to	2037
levy the tax described in division (B) of section 3318.05 of the	2038
Revised Code, which shall be applied only in the manner prescribed	2039
in division (B) of this section.	2040

(B) No school district board shall apply any local donated	2041
contribution under division (A)(2) of this section unless the Ohio	2042
school facilities commission first approves that application.	2043

Upon the request of the school district board to apply local	2044
donated contribution under division (A)(2) of this section, the	2045
commission in consultation with the department of taxation shall	2046
determine the amount of total revenue that likely would be	2047
generated by one-half mill of the tax described in division (B) of	2048
section 3318.05 of the Revised Code over the entire	2049
twenty-three-year period required under that section and shall	2050
deduct from that amount any amount of local donated contribution	2051
that the board has committed to apply under division (A)(2) of	2052
this section. The commission then shall determine in consultation	2053
with the department of taxation the rate of tax over twenty-three	2054
years necessary to generate the amount of a one-half mill tax not	2055
offset by the local donated contribution. Notwithstanding	2056
anything to the contrary in section 3318.06, 3318.061, or 3318.361	2057
of the Revised Code, the rate determined by the commission shall	2058
be the rate for which the district board shall seek elector	2059
approval under those sections to meet its obligation under	2060
division (B) of section 3318.05 of the Revised Code. In the case	2061
of a complete offset of the district's obligation under division	2062
(B) of section 3318.05 of the Revised Code, the district shall not	2063
be required to levy the tax otherwise required under that section.	2064
At the end of the twenty-three-year period of the tax required	2065
under division (B) of section 3318.05 of the Revised Code, whether	2066
or not the tax is actually levied, the commission in consultation	2067
of the department of taxation shall recalculate the amount that	2068
would have been generated by the tax if it had been levied at	2069
one-half mill. If the total amount actually generated over that	2070
period from both the tax that was actually levied and any local	2071
donated contribution applied under division (A)(2) of this section	2072
is less than the amount that would have been raised by a one-half	2073
mill tax, the district shall pay any difference. If the total	2074
amount actually raised in such manner is greater than the amount	2075
that would have been raised by a one-half mill tax the difference	2076
shall be zero and no payments shall be made by either the district	2077
or the commission.	2078

(C) As used in this section, "local donated contribution"	2079
means eitherany of the following:	2080

(1) Any moneys irrevocably donated or granted to a school	2081
district board by a source other than the state which the board	2082
has the authority to apply to the school district's project under	2083
sections 3318.01 to 3318.20 of the Revised Code and which the	2084
board has pledged for that purpose by resolution adopted by a	2085
majority of its members;	2086

(2) Any irrevocable letter of credit issued on behalf of a	2087
school district or any cash a school district has on hand,	2088
including any year-end operating fund balances, that can be spent	2089
for classroom facilities, either of which the school district	2090
board has encumbered for payment of the school district's share of	2091
its project under sections 3318.01 to 3318.20 of the Revised Code	2092
and either of which has been approved by the commission in	2093
consultation with the department of education;	2094

(3) Any moneys spent by a source other than the school	2095
district or the state for construction or renovation of specific	2096
classroom facilities that have been approved by the commission as	2097
part of the basic project cost of the district's project. The	2098
school district, the commission, and the entity providing the	2099
local donated contribution under division (C) (3) of this section	2100
shall enter into an agreement indentifying the classroom	2101
facilities to be acquired by the expenditures made by that entity.	2102
The agreement shall include, but not be limited to, stipulations	2103
that require an audit by the commission of such expenditures made	2104
on behalf of the district and that specify the maximum amount of	2105
credit to be allowed for those expenditures. Upon completion of	2106
the construction or renovation, the commission shall determine the	2107
actual amount that the commission will credit, at the request of	2108
the district board, toward the district's portion of the basic	2109
project cost, any project cost overruns, or the basic project cost	2110
of future segments if the project has been divided into segments	2111
under section 3318.38 of the Revised Code. The actual amount of	2112
the credit shall not exceed the lesser of the amount specified in	2113
the agreement or the actual cost of the construction or	2114
renovation.	2115

(D) No state moneys shall be released for a project to which	2116
this section applies until any:	2117

(1) Any local donated contribution authorized under division	2118
(A)(1) of this section is first deposited into the school	2119
district's project construction fund, if applied under division	2120
(A)(1) of this section, or into the district's capital and	2121
maintenance fund if applied under division (A)(2) of this section.	2122

(2) The school district board and the commission have	2123
included a stipulation in their agreement entered into under	2124
section 3318.08 of the Revised Code under which the board will	2125
deposit into a fund approved by the commission according to a	2126
schedule that does not extend beyond the anticipated completion	2127
date of the project the total amount of any local donated	2128
contribution authorized under division (A)(2) of this section and	2129
dedicated by the board for that purpose.	2130

However, if any local donated contribution as described in	2131
division (C) (3) of this section has been approved under this	2132
section, the state moneys may be released even if the entity	2133
providing that local donated contribution has not spent the moneys	2134
so dedicated as long as the agreement required under that section	2135
has been executed.	2136

Sec. 3318.11.  For any project for which the state's portion	2138
of the basic project cost exceeds twenty-five million dollars	2139
undertaken with financial assistance from the state under this	2140
chapter, the amount of state appropriations to be encumbered for	2141
the project in each fiscal biennium shall be determined by the	2142
Ohio school facilities commission based on the project's estimated	2143
construction schedule for that biennium. In each fiscal biennium	2144
subsequent to the first biennium in which state appropriations are	2145
encumbered for the project, the project has priority for state	2146
funds over projects for which initial state funding is sought.	2147

Sec. 3318.36.  (A) As used in this section:

2148

(1) "Ohio school facilities commission," "classroom	2149
facilities," "school district," "school district board," "net	2150
bonded indebtedness," "required percentage of the basic project	2151
costs," "basic project cost," "valuation," and "percentile" have	2152
the same meanings as in section 3318.01 of the Revised Code.	2153

(2) "Required level of indebtedness" means five per cent of	2154
the school district's valuation for the year preceding the year in	2155
which the commission and school district enter into an agreement	2156
under division (B) of this section, plus [two one-hundredths of	2157
one per cent multiplied by (the percentile in which the district	2158
ranks in the fiscal year the commission and the school district	2159
enter into such agreement minus one)].	2160

(3) "Local resources" means any moneys generated in any	2161
manner permitted for a school district board to raise the school	2162
district portion of a project undertaken with assistance under	2163
sections 3318.01 to 3318.20 of the Revised Code.	2164

(B)(1) There is hereby established the school building	2165
assistance expedited local partnership program. Under the	2166
program, the Ohio school facilities commission may enter into an	2167
agreement with the school district board of any school district	2168
under which the school district board may proceed with the new	2169
construction or major repairs of a part of the school district's	2170
classroom facilities needs, as determined under sections 3318.01	2171
to 3318.20 of the Revised Code, through the expenditure of local	2172
resources prior to the school district's eligibility for state	2173
assistance under sections 3318.01 to 3318.20 of the Revised Code	2174
and may apply that expenditure toward meeting the school	2175
district's portion of the basic project cost of the total of the	2176
school district's classroom facilities needs, as determined under	2177
sections 3318.01 to 3318.20 of the Revised Code and as	2178
recalculated under division (E) of this section, that are eligible	2179
for state assistance under sections 3318.01 to 3318.20 of the	2180
Revised Code when the school district becomes eligible for such	2181
state assistance. Any school district that is reasonably expected	2182
to receive assistance under sections 3318.01 to 3318.20 of the	2183
Revised Code within two fiscal years from the date the school	2184
district adopts its resolution under division (B) of this section	2185
shall not be eligible to participate in the program.	2186

(2) To participate in the program, a school district board	2187
shall first adopt a resolution certifying to the commission the	2188
board's intent to participate in the program.	2189

The resolution shall specify the approximate date that the	2190
board intends to seek elector approval of any bond or tax measures	2191
or to apply other local resources to use to pay the cost of	2192
classroom facilities to be constructed under this section. The	2193
resolution may specify the application of local resources or	2194
elector-approved bond or tax measures after the resolution is	2195
adopted by the board, and in such case the board may proceed with	2196
a discrete portion of its project under this section as soon as	2197
the commission and the controlling board have approved the basic	2198
project cost of the district's classroom facilities needs as	2199
specified in division (D) of this section. The board shall submit	2200
its resolution to the commission not later than ten days after the	2201
date the resolution is adopted by the board.	2202

The commission shall not consider any resolution that is	2203
submitted pursuant to division (B)(2) of this section, as amended	2204
by this amendment, sooner than September 14, 2000.	2205

(3) Any project under this section shall comply with section	2206
3318.03 of the Revised Code and with any specifications for plans	2207
and materials for classroom facilities adopted by the commission	2208
under section 3318.04 of the Revised Code.	2209

(4) If a school district that enters into an agreement under	2210
this section has not begun a project applying local resources as	2211
provided for under that agreement at the time the district is	2212
notified by the commission that it is eligible to receive state	2213
assistance under sections 3318.01 to 3318.20 of the Revised Code,	2214
all assessment and agreement documents entered into under this	2215
section are void.	2216

(5) Only construction of or repairs to classroom facilities	2217
that have been approved by the commission and have been therefore	2218
included as part of a district's basic project cost qualify for	2219
application of local resources under this section.	2220

(C) Based on the results of the on-site visits and	2221
assessment conducted under division (B)(2) of this section, the	2222
commission shall determine the basic project cost of the school	2223
district's classroom facilities needs. The commission shall	2224
determine the school district's portion of such basic project	2225
cost, which shall be the greater of:	2226

(1) The required percentage of the basic project costs,	2227
determined based on the school district's percentile ranking in	2228
the fiscal year the commission and the school district enter into	2229
the agreement under division (B) of this section;	2230

(2) An amount necessary to raise the school district's net	2231
bonded indebtedness, as of the fiscal year the commission and the	2232
school district enter into the agreement under division (B) of	2233
this section, to within five thousand dollars of the required	2234
level of indebtedness.	2235

(D)(1) When the commission determines the basic project cost	2236
of the classroom facilities needs of a school district and the	2237
school district's portion of that basic project cost under	2238
division (C) of this section, the project shall be conditionally	2239
approved. Such conditional approval shall be submitted to the	2240
controlling board for approval thereof. The controlling board	2241
shall forthwith approve or reject the commission's determination,	2242
conditional approval, and the amount of the state's portion of the	2243
basic project cost; however, no state funds shall be encumbered	2244
under this section. Upon approval by the controlling board, the	2245
school district board may identify a discrete part of its	2246
classroom facilities needs, which shall include only new	2247
construction of or additions or major repairs to a particular	2248
building, to address with local resources. Upon identifying a	2249
part of the school district's basic project cost to address with	2250
local resources, the school district board may allocate any	2251
available school district moneys to pay the cost of that	2252
identified part, including the proceeds of an issuance of bonds if	2253
approved by the electors of the school district.	2254

All local resources utilized under this division shall first	2255
be deposited in the project construction account required under	2256
section 3318.08 of the Revised Code.	2257

(2) Unless the school district board exercises its option	2258
under division (D)(3) of this section, for a school district to	2259
qualify for participation in the program authorized under this	2260
section, eitherone of the following conditions shall be	2261
satisfied:	2262

(a) The electors of the school district by a majority vote	2263
shall approve the levy of taxes outside the ten-mill limitation	2264
for a period of twenty-three years at the rate of not less than	2265
one-half mill for each dollar of valuation to be used to pay the	2266
cost of maintaining the classroom facilities included in the basic	2267
project cost as determined by the commission. The form of the	2268
ballot to be used to submit the question whether to approve the	2269
tax required under this division to the electors of the school	2270
district shall be the form for an additional levy of taxes	2271
prescribed in section 3318.361 of the Revised Code, which may be	2272
combined in a single ballot question with the questions prescribed	2273
under section 5705.218 of the Revised Code.	2274

(b) As authorized under division (C) of section 3318.05 of	2275
the Revised Code, the school district board shall earmark from the	2276
proceeds of a permanent improvement tax levied under section	2277
5705.21 of the Revised Code, an amount equivalent to the	2278
additional tax otherwise required under division (D)(2)(a) of this	2279
section for the maintenance of the classroom facilities included	2280
in the basic project cost as determined by the commission.	2281

(c) The school district board shall apply the proceeds of a	2282
tax to leverage bonds as authorized under section 3318.052 of the	2283
Revised Code or dedicate a local donated contribution in the	2284
manner described in division (B) of section 3318.084 of the	2285
Revised Code in an amount equivalent to the additional tax	2286
otherwise required under division (D)(2)(a) of this section for	2287
the maintenance of the classroom facilities included in the basic	2288
project cost as determined by the commission.	2289

(3) A school district board may opt to delay levying the	2290
additional tax required under division (D)(2)(a) of this section	2291
or earmarking of the proceeds of a permanent improvement tax	2292
alternatively required under division (D)(2)(b) of this section	2293
until such time as the school district becomes eligible for state	2294
assistance under sections 3318.01 to 3318.20 of the Revised Code.	2295
In order to exercise its option under this division, the board	2296
shall certify to the commission a resolution indicating the	2297
board's intent to do so prior to entering into an agreement under	2298
division (B) of this section.	2299

(4) If pursuant to division (D)(3) of this section a	2300
district board opts to delay levying an additional tax until the	2301
district becomes eligible for state assistance, it shall submit	2302
the question of levying that tax to the district electors as	2303
follows:	2304

(a) In accordance with section 3318.06 of the Revised Code	2305
if it will also be necessary pursuant to division (E) of this	2306
section to submit a proposal for approval of a bond issue;	2307

(b) In accordance with section 3318.361 of the Revised Code	2308
if it is not necessary to also submit a proposal for approval of a	2309
bond issue pursuant to division (E) of this section.	2310

(5) No state assistance under sections 3318.01 to 3318.20 of	2311
the Revised Code shall be released until a school district board	2312
that adopts and certifies a resolution under this division either	2313
has levied the additional tax or has earmarked the proceeds of a	2314
tax as specified in division (D) of this section.	2315

Any amount required for maintenance under division (D)(2) of	2316
this section shall be deposited into a separate fund as specified	2317
in division (B) of section 3318.05 of the Revised Code.	2318

(E)(1) If the school district becomes eligible for state	2319
assistance under sections 3318.01 to 3318.20 of the Revised Code	2320
based on its percentile ranking as determined under division (B)	2321
of this section, the commission shall conduct a new assessment of	2322
the school district's classroom facilities needs and shall	2323
recalculate the basic project cost based on this new assessment.	2324
The basic project cost recalculated under this division shall	2325
include the amount of expenditures made by the school district	2326
board under division (D)(1) of this section. The commission shall	2327
then recalculate the school district's portion of the new basic	2328
project cost, which shall be the percentage of the original basic	2329
project cost assigned to the school district as its portion under	2330
division (C) of this section. The commission shall deduct the	2331
expenditure of school district moneys made under division (D)(1)	2332
of this section from the school district's portion of the basic	2333
project cost as recalculated under this division. If the amount	2334
of school district resources applied by the school district board	2335
to the school district's portion of the basic project cost under	2336
this section is less than the total amount of such portion as	2337
recalculated under this division, the school district board by a	2338
majority vote of all of its members shall, if it desires to seek	2339
state assistance under sections 3318.01 to 3318.20 of the Revised	2340
Code, adopt a resolution as specified in section 3318.06 of the	2341
Revised Code to submit to the electors of the school district the	2342
question of approval of a bond issue in order to pay any	2343
additional amount of school district portion required for state	2344
assistance. Any tax levy approved under division (D) of this	2345
section satisfies the requirements to levy the additional tax	2346
under section 3318.06 of the Revised Code.	2347

(2) If the amount of school district resources applied by	2348
the school district board to the school district's portion of the	2349
basic project cost under this section is more than the total	2350
amount of such portion as recalculated under this division, within	2351
one year after the school district's portion is recalculated under	2352
division (E)(1) of this section the commission may grant to the	2353
school district the difference between the two calculated	2354
portions, but at no time shall the commission expend any state	2355
funds on a project in an amount greater than the state's portion	2356
of the basic project cost as recalculated under this division.	2357

Any reimbursement under this division shall be only for local	2358
resources the school district has applied toward construction cost	2359
expenditures for the classroom facilities approved by the	2360
commission, which shall not include any financing costs associated	2361
with that construction.	2362

The school district board shall use any moneys reimbursed to	2363
the district under this division to pay off any debt service the	2364
district owes for classroom facilities constructed under its	2365
project under this section before such moneys are applied to any	2366
other purpose.	2367

Sec. 3318.362.  This section applies only to a school	2368
district that participates in the school building assistance	2369
expedited local partnership program under section 3318.36 of the	2370
Revised Code.	2371

Notwithstanding the twenty-three year maximum maturity for	2372
bonds proposed to be issued by a school district board for a	2373
classroom facilities project pursuant to division (C) of section	2374
3318.06 of the Revised Code, aA school district board that enters	2375
into an agreement with the Ohio school facilities commission under	2376
division (B) of section 3318.36 of the Revised Code may propose	2377
for issuance any bonds necessary for its participation in the	2378
program under section 3318.36 of the Revised Code for a term	2379
longer than twenty-three years but not to exceedany number of	2380
years not exceeding the term calculated pursuant to section 133.20	2381
of the Revised Code. Any moneys received from the state under	2382
division (E)(2) of section 3318.36 of the Revised Code shall be	2383
applied, as agreed in writing by the school district board and the	2384
commission, to pay debt service on outstanding bonds or bond	2385
anticipation notes issued by the school district board for its	2386
participation in the expedited local partnership program,	2387
including by placing those moneys in an applicable escrow fund	2388
under division (D) of section 133.34 of the Revised Code.	2389

Sec. 3318.363. (A) This section applies beginning in fiscal	2390
year 2003 and only to a school district participating in the	2391
school building assistance expedited local partnership program	2392
under section 3318.36 of the Revised Code.	2393

(B) If there is a decrease in the tax valuation of a school	2394
district to which this section applies by ten per cent or greater	2395
from one tax year to the next due to a decrease in the assessment	2396
rate of the taxable property of an electric company that owns	2397
property in the district, as provided for in section 5727.111 of	2398
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	2399
General Assembly, the Ohio school facilities commission shall	2400
calculate or recalculate the state and school district portions of	2401
the basic project cost of the school district's project by	2402
determining the percentile rank in which the district would be	2403
located if such ranking were made using the current year adjusted	2404
valuation per pupil, as calculated and reported to the commission	2405
by the department of education under division (A) of section	2406
3318.011 of the Revised Code,adjusted valuation per pupil	2407
calculated under division (C) of this section rather than the	2408
three-year average adjusted valuation per pupil, calculated under	2409
division (B) of that section 3318.011 of the Revised Code. For	2410
such district, the required percentage of the basic project cost	2411
used to determine the state and school district shares of that	2412
cost under division (C) of section 3318.36 of the Revised Code	2413
shall be based on the percentile rank as calculated under this	2414
section rather than as otherwise provided in division (C)(1) of	2415
section 3318.36 of the Revised Code. If the commission has	2416
determined the state and school district portion of the basic	2417
project cost of such a district's project under section 3318.36 of	2418
the Revised Code prior to that decrease in tax valuation, the	2419
commission shall adjust the state and school district shares of	2420
the basic project cost of such project in accordance with this	2421
section.	2422

(C)(1) As used in divisions (C) and (D) of this section,	2423
"total taxable value," "formula ADM," and "income factor" have the	2424
same meanings as in section 3317.02 of the Revised Code.	2425

(2) The adjusted valuation per pupil for a school district	2426
to which this section applies shall be calculated using the	2427
following formula:	2428

(The district's total taxable value for the tax year	2429
preceding the calendar year in which the current fiscal year	2430
begins / the district's formula ADM for the previous fiscal year)	2431
- [$30,000 x (1 - the district's income factor)].	2432

(D) At the request of the Ohio school facilities commission,	2433
the department of education shall report a district's total	2434
taxable value for the tax year preceding the calendar year in	2435
which the current fiscal year begins for any district to which	2436
this section applies as that information has been certified to the	2437
department by the tax commissioner pursuant to section 3317.021 of	2438
the Revised Code.	2439

Sec. 3318.38.  (A) As used in this section, "big-eight	2440
school district" has the same meaning as in section 3314.02 of the	2441
Revised Code.	2442

(B) There is hereby established the accelerated urban school	2443
building assistance program. Under the program, notwithstanding	2444
section 3318.02 of the Revised Code, any big-eight school district	2445
that has not been approved to receive assistance under sections	2446
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	2447
beginning on that date apply for approval of and be approved for	2448
such assistance. Except as otherwise provided in this section,	2449
any project approved and undertaken pursuant to this section shall	2450
comply with all provisions of sections 3318.01 to 3318.20 of the	2451
Revised Code.	2452

The Ohio school facilities commission shall provide	2453
assistance to any big-eight school district eligible for	2454
assistance under this section in the following manner:	2455

(1) Notwithstanding section 3318.02 of the Revised Code:

2456

(a) Not later than June 30, 2002, the commission shall	2457
conduct an on-site visit and shall assess the classroom facilities	2458
needs of each big-eight school district eligible for assistance	2459
under this section;	2460

(b) Beginning July 1, 2002, any big-eight school district	2461
eligible for assistance under this section may apply to the	2462
commission for conditional approval of its project as determined	2463
by the assessment conducted under division (B)(1)(a) of this	2464
section. The commission may conditionally approve that project	2465
and submit it to the controlling board for approval pursuant to	2466
section 3318.04 of the Revised Code.	2467

(2) If the controlling board approves the project of a	2468
big-eight school district eligible for assistance under this	2469
section, the commission and the school district shall enter into	2470
an agreement as prescribed in section 3318.08 of the Revised Code.	2471
Any agreement executed pursuant to this division shall include any	2472
applicable segmentation provisions as approved by the commission	2473
under division (B)(3) of this section.	2474

(3) Notwithstanding any provision to the contrary in	2475
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	2476
big-eight school district eligible for assistance under this	2477
section may with the approval of the commission opt to divide the	2478
project as approved under division (B)(1)(b) of this section into	2479
discrete segments to be completed sequentially. Any project	2480
divided into segments shall comply with all other provisions of	2481
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	2482
as otherwise specified in this division.	2483

If a project is divided into segments under this division:

2484

(a) The school district need raise only the amount equal to	2485
its proportionate share, as determined under section 3318.032 of	2486
the Revised Code, of each segment at any one time and may seek	2487
voter approval of each segment separately;	2488

(b) The state's proportionate share, as determined under	2489
section 3318.032 of the Revised Code, of only the segment which	2490
has been approved by the school district electors or for which the	2491
district has applied a local donated contribution under section	2492
3318.084 of the Revised Code shall be encumbered at any one time	2493
in accordance with section 3318.11 of the Revised Code.	2494
Encumbrance of additional amounts to cover the state's	2495
proportionate share of later segments shall be approved separately	2496
as they are approved by the school district electors or as the	2497
district applies a local donated contribution to the segments	2498
under section 3318.084 of the Revised Code. If the state's share	2499
of any one segment exceeds twenty-five million dollars,	2500
encumbrance of that share is subject to the provisions of section	2501
3318.11 of the Revised Code.	2502

(c) If it is necessary to levy the additional tax for	2503
maintenance under division (B) of section 3318.05 of the Revised	2504
Code with respect to any segment of the project, the district may	2505
utilize the provisions of section 3318.061 of the Revised Code to	2506
ensure that the maintenance tax extends for twenty-three years	2507
after the last segment of the project is undertaken.	2508

(4) For any project under this section, the state funds	2509
reserved and encumbered and the funds provided by the school	2510
district to pay the basic project cost of any segment of the	2511
project, or of the entire project if it is not divided into	2512
segments, shall be spent on the construction and acquisition of	2513
the project simultaneously in proportion to the state's and the	2514
school district's respective shares of that basic project cost as	2515
determined under section 3318.032 of the Revised Code.	2516

Sec. 5705.218.  (A) The board of education of a city, local,	2517
or exempted village school district, at any time by a vote of	2518
two-thirds of all its members, may declare by resolution that it	2519
may be necessary for the school district to issue general	2520
obligation bonds for permanent improvements. The resolution shall	2521
state all of the following:	2522

(1) The necessity and purpose of the bond issue;

2523

(2) The date of the special election at which the question	2524
shall be submitted to the electors;	2525

(3) The amount, approximate date, estimated rate of	2526
interest, and maximum number of years over which the principal of	2527
the bonds may be paid;	2528

(4) The necessity of levying a tax outside the ten-mill	2529
limitation to pay debt charges on the bonds and any anticipatory	2530
securities.	2531

On adoption of the resolution, the board shall certify a copy	2532
of it to the county auditor. The county auditor promptly shall	2533
estimate and certify to the board the average annual property tax	2534
rate required throughout the stated maturity of the bonds to pay	2535
debt charges on the bonds, in the same manner as under division	2536
(C) of section 133.18 of the Revised Code.	2537

(B) After receiving the county auditor's certification under	2538
division (A) of this section, the board of education of the city,	2539
local, or exempted village school district, by a vote of	2540
two-thirds of all its members, may declare by resolution that the	2541
amount of taxes that can be raised within the ten-mill limitation	2542
will be insufficient to provide an adequate amount for the present	2543
and future requirements of the school district; that it is	2544
necessary to issue general obligation bonds of the school district	2545
for permanent improvements and to levy an additional tax in excess	2546
of the ten-mill limitation to pay debt charges on the bonds and	2547
any anticipatory securities; that it is necessary for a specified	2548
number of years or for a continuing period of time to levy	2549
additional taxes in excess of the ten-mill limitation to provide	2550
funds for the acquisition, construction, enlargement, renovation,	2551
and financing of permanent improvements or to pay for current	2552
operating expenses, or both; and that the question of the bonds	2553
and taxes shall be submitted to the electors of the school	2554
district at a special election, which shall not be earlier than	2555
seventy-five days after certification of the resolution to the	2556
board of elections, and the date of which shall be consistent with	2557
section 3501.01 of the Revised Code. The resolution shall specify	2558
all of the following:	2559

(1) The county auditor's estimate of the average annual	2560
property tax rate required throughout the stated maturity of the	2561
bonds to pay debt charges on the bonds;	2562

(2) The proposed rate of the tax, if any, for current	2563
operating expenses, the first year the tax will be levied, and the	2564
number of years it will be levied, or that it will be levied for a	2565
continuing period of time;	2566

(3) The proposed rate of the tax, if any, for permanent	2567
improvements, the first year the tax will be levied, and the	2568
number of years it will be levied, or that it will be levied for a	2569
continuing period of time.	2570

The resolution shall apportion the annual rate of the tax	2571
between current operating expenses and permanent improvements, if	2572
both taxes are proposed. The apportionment may but need not be	2573
the same for each year of the tax, but the respective portions of	2574
the rate actually levied each year for current operating expenses	2575
and permanent improvements shall be limited by the apportionment.	2576
The resolution shall go into immediate effect upon its passage,	2577
and no publication of it is necessary other than that provided in	2578
the notice of election. The board of education shall certify a	2579
copy of the resolution, along with copies of the auditor's	2580
estimate and its resolution under division (A) of this section, to	2581
the board of elections immediately after its adoption.	2582

(C) The board of elections shall make the arrangements for	2583
the submission of the question to the electors of the school	2584
district, and the election shall be conducted, canvassed, and	2585
certified in the same manner as regular elections in the district	2586
for the election of county officers. The resolution shall be put	2587
before the electors as one ballot question, with a favorable vote	2588
indicating approval of the bond issue, the levy to pay debt	2589
charges on the bonds and any anticipatory securities, the current	2590
operating expenses levy, and the permanent improvements levy, if	2591
either or both levies are proposed. The board of elections shall	2592
publish notice of the election in one or more newspapers of	2593
general circulation in the school district once a week for four	2594
consecutive weeks. The notice of election shall state all of the	2595
following:	2596

(1) The principal amount of the proposed bond issue;

2597

(2) The permanent improvements for which the bonds are to be	2598
issued;	2599

(3) The maximum number of years over which the principal of	2600
the bonds may be paid;	2601

(4) The estimated additional average annual property tax	2602
rate to pay the debt charges on the bonds, as certified by the	2603
county auditor;	2604

(5) The proposed rate of the additional tax, if any, for	2605
current operating expenses;	2606

(6) The number of years the current operating expenses tax	2607
will be in effect, or that it will be in effect for a continuing	2608
period of time;	2609

(7) The proposed rate of the additional tax, if any, for	2610
permanent improvements;	2611

(8) The number of years the permanent improvements tax will	2612
be in effect, or that it will be in effect for a continuing period	2613
of time;	2614

(9) The time and place of the special election.

2615

(D) The form of the ballot for an election under this	2616
section is as follows:	2617

"Shall the .......... school district be authorized to do the	2618
following:	2619

(1) Issue bonds for the purpose of .......... in the	2620
principal amount of $......, to be repaid annually over a maximum	2621
period of ...... years, and levy a property tax outside the	2622
ten-mill limitation, estimated by the county auditor to average	2623
over the bond repayment period ...... mills for each one dollar of	2624
tax valuation, which amounts to ...... (rate expressed in cents or	2625
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	2626
tax valuation, to pay the annual debt charges on the bonds, and to	2627
pay debt charges on any notes issued in anticipation of those	2628
bonds?"	2629

If either a levy for permanent improvements or a levy for	2630
current operating expenses is proposed, or both are proposed, the	2631
ballot also shall contain the following language, as appropriate:	2632

"(2) Levy an additional property tax to provide funds for	2633
the acquisition, construction, enlargement, renovation, and	2634
financing of permanent improvements at a rate not exceeding	2635
....... mills for each one dollar of tax valuation, which amounts	2636
to ....... (rate expressed in cents or dollars and cents) for each	2637
$100 of tax valuation, for ...... (number of years of the levy, or	2638
a continuing period of time)?	2639

(3) Levy an additional property tax to pay current operating	2640
expenses at a rate not exceeding ....... mills for each one dollar	2641
of tax valuation, which amounts to ....... (rate expressed in	2642
cents or dollars and cents) for each $100 of tax valuation, for	2643
....... (number of years of the levy, or a continuing period of	2644
time)?	2645

2646

2649

(E) The board of elections promptly shall certify the	2650
results of the election to the tax commissioner and the county	2651
auditor of the county in which the school district is located. If	2652
a majority of the electors voting on the question vote for it, the	2653
board of education may proceed with issuance of the bonds and with	2654
the levy and collection of the property tax or taxes at the	2655
additional rate or any lesser rate in excess of the ten-mill	2656
limitation. Any securities issued by the board of education under	2657
this section are Chapter 133. securities, as that term is defined	2658
in section 133.01 of the Revised Code.	2659

(F)(1) After the approval of a tax for current operating	2660
expenses under this section and prior to the time the first	2661
collection and distribution from the levy can be made, the board	2662
of education may anticipate a fraction of the proceeds of such	2663
levy and issue anticipation notes in a principal amount not	2664
exceeding fifty per cent of the total estimated proceeds of the	2665
tax to be collected during the first year of the levy.	2666

(2) After the approval of a tax under this section for	2667
permanent improvements having a specific purpose, the board of	2668
education may anticipate a fraction of the proceeds of such tax	2669
and issue anticipation notes in a principal amount not exceeding	2670
fifty per cent of the total estimated proceeds of the tax	2671
remaining to be collected in each year over a period of five years	2672
after issuance of the notes.	2673

(3) After the approval of a tax for general, on-going	2674
permanent improvements under this section, the board of education	2675
may anticipate a fraction of the proceeds of such tax and issue	2676
anticipation notes in a principal amount not exceeding fifty per	2677
cent of the total estimated proceeds of the tax to be collected in	2678
each year over a specified period of years, not exceeding ten,	2679
after issuance of the notes.	2680

Anticipation notes under this section shall be issued as	2681
provided in section 133.24 of the Revised Code. Notes issued	2682
under division (F)(1) or (2) of this section shall have principal	2683
payments during each year after the year of their issuance over a	2684
period not to exceed five years, and may have a principal payment	2685
in the year of their issuance. Notes issued under division (F)(3)	2686
of this section shall have principal payments during each year	2687
after the year of their issuance over a period not to exceed ten	2688
years, and may have a principal payment in the year of their	2689
issuance.	2690

(G) A tax for current operating expenses or for permanent	2691
improvements levied under this section for a specified number of	2692
years may be renewed or replaced in the same manner as a tax for	2693
current operating expenses or for permanent improvements levied	2694
under section 5705.21 of the Revised Code. A tax for current	2695
operating expenses or for permanent improvements levied under this	2696
section for a continuing period of time may be decreased in	2697
accordance with section 5705.261 of the Revised Code.	2698

(H) The submission of a question to the electors under this	2699
section is subject to the limitation on the number of elections	2700
that can be held in a year under section 5705.214 of the Revised	2701
Code.	2702

(I) A school district board of education proposing a ballot	2703
measure under this section to generate local resources for a	2704
project under the school building assistance expedited local	2705
partnership program under section 3318.36 of the Revised Code may	2706
combine the questions under division (D) of this section with a	2707
question for the levy of a property tax to generate moneys for	2708
maintenance of the classroom facilities acquired under that	2709
project as prescribed in section 3318.361 of the Revised Code.	2710

Sec. 5709.081.  (A) Real and tangible personal property	2711
owned by a political subdivision that is a public recreational	2712
facility for athletic events shall be exempt from taxation if all	2713
of the following apply:	2714

(1) The property is controlled and managed by a political	2715
subdivision or a county-related corporation or by a similar	2716
corporation under the direct control of a political subdivision	2717
and whose members and trustees are chosen or appointed by the	2718
subdivision;	2719

(2) All revenues and receipts derived by the subdivision or	2720
corporation that controls and manages the property, after	2721
deducting amounts needed to pay necessary expenses for the	2722
operation and management of the property, accrue to the political	2723
subdivision owning the property;	2724

(3) The property is not occupied and used for more than	2725
seven days in any calendar month by any private entity for profit	2726
or for more than a total of fifteen days in any calendar month by	2727
all such private entities for profit;	2728

(4) The property is under the direction and control of the	2729
political subdivision or managing corporation whenever it is being	2730
used by a private entity for profit;	2731

(5) The primary user or users of the property, if such a	2732
primary user exists, are controlled and managed by the political	2733
subdivision or corporation that controls and manages the property.	2734

(B) Tangible personal property, and all buildings,	2735
structures, improvements, and fixtures of any kind on the land,	2736
that are constructed or, in the case of personal property,	2737
acquired after March 2, 1992, and are part of or used in a public	2738
recreational facility used by a major league professional athletic	2739
team or a class A to class AAA minor league affiliate of a major	2740
league baseball team for a significant portion of its home	2741
schedule, and land acquired by a political subdivision in 1999 for	2742
such purposes, are declared to be public property used for a	2743
public purpose and are exempt from taxation, if all of the	2744
following apply:	2745

(1) Such property is owned by one or more political	2746
subdivisions or by a corporation controlled by such subdivisions;	2747

(2) Such property was or is any of the following:

2748

(a) Constructed or, in the case of personal property,	2749
acquired pursuant to an agreement with a municipal corporation to	2750
implement a development, redevelopment, or renewal plan for an	2751
area declared by the municipal corporation to be a slum or	2752
blighted area, as those terms are defined in section 725.01 of the	2753
Revised Code;	2754

(b) Financed in whole or in part with public obligations as	2755
defined in section 5709.76 of the Revised Code or otherwise paid	2756
for in whole or in part by one or more political subdivisions;	2757

(c) An improvement or addition to property defined in	2758
division (B)(2)(a) or (b) of this section.	2759

(3) Such property is controlled and managed by oneeither of	2760
the following:	2761

(a) One or more of the political subdivisions or the	2762
corporation that owns it, or controlled and managed by a;	2763

(b) A designee, tenant, or agent of such political	2764
subdivision or subdivisions or corporation pursuant to a	2765
management, lease, or similar written agreement.	2766

(4) The primary user or users of such property, if a primary	2767
user or primary users exist, either:	2768

(a) Are controlled and managed by one or more of the	2769
political subdivisions or the corporation that owns the property;	2770
or	2771

(b) Operate under leases, licenses, management agreements, or	2772
similar arrangements with, and providing for the payment of rents,	2773
revenues, or other remuneration to, one or more of the political	2774
subdivisions or the corporation that owns the property.	2775

(5) Any residual cash accrues to the political subdivision	2776
or subdivisions that own the property or that control the	2777
corporation that owns the property, and is used for the public	2778
purposes of the subdivision or subdivisions. As used in division	2779
(B)(5) of this section, "residual cash" means any revenue and	2780
receipts derived from the property by the political subdivision or	2781
subdivisions or corporation that owns the property and that are	2782
available for unencumbered use by the political subdivision or	2783
subdivisions or corporation, after deducting amounts needed to	2784
make necessary expenditures, pay debt service, and provide for	2785
working capital related to the ownership, management, operation,	2786
and use of the property, including payments of taxes on the	2787
taxable part of the public recreational facility, contractually	2788
obligated payments or deposits into reserves or otherwise, and	2789
service payments under section 307.699 of the Revised Code.	2790

(C) The exemption provided in division (B) of this section	2791
also applies to both of the following:	2792

(1) The property during its construction or, in the case of	2793
tangible personal property, acquisition during the construction	2794
period, if the owner meets the condition of division (B)(1) of	2795
this section and has agreements that provide for the satisfaction	2796
of all other conditions of division (B) of this section upon the	2797
completion of the construction;	2798

(2) Any improvement or addition made after March 2, 1992, to	2799
a public recreational facility that was constructed before March	2800
2, 1992, as long as all other conditions in division (B) of this	2801
section are met.	2802

(D) A corporation that owns property exempt from taxation	2803
under division (B) of this section is a public body for the	2804
purposes of section 121.22 of the Revised Code. The corporation's	2805
records are public records for the purposes of section 149.43 of	2806
the Revised Code, except records related to matters set forth in	2807
division (G) of section 121.22 of the Revised Code and records	2808
related to negotiations that are not yet completed for financing,	2809
leases, or other agreements.	2810

(E) The exemption under division (B) of this section applies	2811
to property that is owned by the political subdivision or	2812
subdivisions or the corporation that owns the public recreational	2813
facility. Tangible personal property owned by users, managers, or	2814
lessees of the facility is taxable when used in the public	2815
recreational facility.	2816

(F) Nothing in this section or in any other section of the	2817
Revised Code prohibits or otherwise precludes an agreement between	2818
a political subdivision, or a corporation controlled by a	2819
political subdivision, that owns or operates a public recreational	2820
facility that is exempted from taxation under division (A) or (B)	2821
of this section and the board of education of a school district or	2822
the legislative authority of a municipal corporation, or both, in	2823
which all or a part of that facility is located, providing for	2824
payments to the school district or municipal corporation, or both,	2825
in lieu of taxes that otherwise would be charged against real and	2826
tangible personal property exempted from taxation under this	2827
section, for a period of time and under such terms and conditions	2828
as the legislative authority of the political subdivision and the	2829
board of education or municipal legislative authority, or both,	2830
may agree, which agreements are hereby specifically authorized.	2831

Section 2. That existing sections 105.41, 133.06, 151.01,	2832
151.09, 151.40, 175.03, 2921.42, 3318.03, 3318.04, 3318.06,	2833
3318.061, 3318.08, 3318.084, 3318.11, 3318.36, 3318.362, 3318.363,	2834
3318.38, 5705.218, and 5709.081 of the Revised Code are hereby	2835
repealed.	2836

Section 3.  All items set forth in Sections 3.01 to 3.04 of	2837
this act are hereby appropriated out of any moneys in the General	2838
Revenue Fund (GRF) that are not otherwise appropriated.	2839

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

2840

Reappropriations

RURAL AREAS HISTORICAL PROJECTS

2847

From the foregoing appropriation item CAP-785, Rural Areas	2848
Historical Projects, $50,000 shall be for the Osnaburg Historical	2849
Society-Werner Inn renovations; and $10,000 for the Historic	2850
Hopewell Church.	2851

RURAL AREAS COMMUNITY IMPROVEMENTS

2852

From the foregoing appropriation item CAP-786, Rural Areas	2853
Community Improvements, grants shall be made for the following	2854
projects: $20,000 for the Smith Field Memorial Foundation;	2855
$100,000 for the Gallia County Industrial Park; $75,000 for the	2856
People Working Cooperatively Facility Improvements; $200,000 for	2857
the Champaign YMCA; $50,000 for the Clermont County Courthouse;	2858
$50,000 for the Clermont County Visitor Information Center;	2859
$75,000 for the Bellepoint Bridge Reconstruction; $150,000 for the	2860
Fairport Community Center; $100,000 for the Mentor Fire & Police	2861
Headquarters Relocation; $65,000 for the Perry Township Industrial	2862
Park Land Acquisition; $20,000 for the Red Mill Creek Water	2863
Retention Basin; $25,000 for the Lawrence County Water Projects;	2864
$350,000 for the Cave Lake Center for Community Leadership;	2865
$300,000 for County Jail Improvements - Sandusky County; $50,000	2866
for the Southern Ohio Port Authority; $45,000 for the Bradner	2867
Historic Building; $22,500 for the Clermont County Animal Shelter;	2868
$225,000 for the Sherwood-Davidson House - Licking County; and	2869
$225,000 for the Jerome Buckingham House - Licking County; and	2870
$50,000 for the Utica Historical Society.	2871

THE AMOUNT REAPPROPRIATED FOR RURAL AREAS COMMUNITY	2872
IMPROVEMENTS	2873

The amount reappropriated for the foregoing appropriation	2874
item CAP-786, Rural Areas Community Improvements, is $100,080 plus	2875
the unencumbered and unallotted balance as of June 30, 2002, in	2876
appropriation item CAP-786, Rural Areas Community Improvements.	2877

URBAN AREAS COMMUNITY IMPROVEMENTS

2878

From the foregoing appropriation item CAP-817, Urban Areas	2879
Community Improvements, grants shall be made for the following	2880
projects: $100,000 for the Maumee Youth Center; $25,000 for the	2881
Columbus Civic Arena Development Planning; $50,000 for the Brown	2882
Senior Center Renovations; $100,000 for the Hanna Fountain	2883
Renovations - Cleveland; $100,000 for Project AHEAD Facility	2884
Improvements; $75,000 for the J Frank-Troy Senior Citizens Center;	2885
$50,000 for the League Park Tourist Museum; $200,000 for the North	2886
Royalton Recreation Center; $1,900,000 for the Columbus Downtown	2887
Initiatives Plan; $150,000 for Clintonville Improvements; $35,000	2888
for the Grove City YMCA; $15,000 for the Victorian Village	2889
Society; $50,000 for the Beech Acres Family Center; $25,000 for	2890
the Health Education Center; $500,000 for the Convention Center	2891
Expansion Center; $1,000,000 for the Lincoln Heights Health Center	2892
Improvements; $100,000 for the Canton Jewish Women's Center;	2893
$450,000 for the Gateway Social Services Building; $85,000 for the	2894
Akron Jewish Community Center Renovations; $50,000 for the Loew	2895
Field Improvements; $20,000 for the Harvard Community Services	2896
Center Renovation & Expansion; $20,000 for the Collinwood	2897
Community Service Center Repair & Renovation; and $80,000 for	2898
Bowman Park - City of Toledo.	2899

THE AMOUNT APPROPRIATED FOR URBAN AREAS COMMUNITY	2900
IMPROVEMENTS	2901

The amount reappropriated for the foregoing appropriation	2902
item CAP-817, Urban Areas Community Improvements, is the	2903
unencumbered and unallotted balance as of June 30, 2002, in	2904
appropriation item CAP-817, Urban Areas Community Improvements,	2905
less $332,000.	2906

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

2907

COOPER STADIUM RELOCATION FEASIBILITY STUDY

2911

Notwithstanding division (F) of section 3383.07 of the	2912
Revised Code, all or a portion of the foregoing appropriation item	2913
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	2914
expended for the cost of preparing a financial and development	2915
plan or feasibility study, renovation, and purchasing engineering	2916
and architectural services, designs, plans, specifications,	2917
surveys, and estimates of costs for Cooper Stadium. Any amount	2918
expended for that purpose from the appropriation shall count	2919
toward the maximum 15 per cent of the construction cost of the	2920
sports facility to be paid from state funds.	2921

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

2922

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

2926

Section 3.05.  No expenditures shall be made from any of the	2941
items appropriated from the General Revenue Fund in Sections 3.01	2942
to 3.04 of this act until the funds are released by the	2943
Controlling Board.	2944

Section 4.  All items set forth in this section are hereby	2945
appropriated out of any moneys in the state treasury to the credit	2946
of the Wildlife Fund (Fund 015) that are not otherwise	2947
appropriated.	2948

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

2949

LAND ACQUISITION

2971

The amount reappropriated for the foregoing appropriation	2972
item CAP-012, Land Acquisition, is the unencumbered and	2973
unallotted balance as of June 30, 2002, in appropriation item	2974
CAP-012, Land Acquisition, less $158,125.	2975

ACCESS DEVELOPMENT

2976

The amount reappropriated for the foregoing appropriation	2977
item CAP-387, Access Development, is the unencumbered and	2978
unallotted balance as of June 30, 2002, in appropriation item	2979
CAP-387, Access Development, plus $1,519,533.	2980

UPGRADE UNDERGROUND FUEL TANKS

2981

The amount reappropriated for the foregoing appropriation	2982
item CAP-702, Upgrade Underground Fuel Tanks, is the unencumbered	2983
and unallotted balance as of June 30, 2002, in appropriation item	2984
CAP-702, Upgrade Underground Fuel Tanks, less $112,271.	2985

CAP ABANDONED WATER WELLS

2986

The amount reappropriated for the foregoing appropriation	2987
item CAP-703, Cap Abandoned Water Wells, is the unencumbered and	2988
unallotted balance as of June 30, 2002, in appropriation item	2989
CAP-703, Cap Abandoned Water Wells, less $14,057.	2990

WILDLIFE AREA BUILDING DEVELOPMENT/RENOVATIONS

2991

The amount reappropriated for the foregoing appropriation	2992
item CAP-852, Wildlife Area Building Development/Renovations, is	2993
the unencumbered and unallotted balance as of June 30, 2002, in	2994
appropriation item CAP-852, Wildlife Area Building	2995
Development/Renovations, less $1,505,949.	2996

DAM REHABILITATION

2997

The amount reappropriated for the foregoing appropriation	2998
item CAP-881, Dam Rehabilitation, is the unencumbered and	2999
unallotted balance as of June 30, 2002, in appropriation item	3000
CAP-881, Dam Rehabilitation, less $1,829,541.	3001

BOUNDARY PROTECTION

3002

The amount reappropriated for the foregoing appropriation	3003
item CAP-995, Boundary Protection, is $50,000.	3004

Section 5.  The items set forth in this section are hereby	3005
appropriated out of any moneys in the state treasury to the credit	3006
of the Public School Building Fund (Fund 021) that are not	3007
otherwise appropriated.	3008

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

3009

THE AMOUNT REAPPROPRIATED FOR PUBLIC SCHOOL BUILDINGS

3017

The amount reappropriated for the foregoing appropriation	3018
item CAP-622, Public School Buildings, is the sum of the	3019
unencumbered and unallotted balances as of June 30, 2002, in	3020
appropriation items CAP-622, Public School Buildings, and CAP-781,	3021
Big Eight Renovation Program.	3022

DISABILITY ACCESS PROJECTS

3023

The amount reappropriated for appropriation item CAP-777,	3024
Disability Access Projects, shall be used to fund capital projects	3025
pursuant to this section that make buildings more accessible to	3026
students with disabilities.	3027

(A) As used in this section:

3028

(1) "Percentile" means the percentile in which a school	3029
district is ranked according to the fiscal year 1998 ranking of	3030
school districts with regard to income and property wealth under	3031
division (B) of section 3318.011 of the Revised Code.	3032

(2) "School district" means a city, local, or exempted	3033
village school district, but excludes a school district that is	3034
one of the state's twenty-one urban school districts as defined in	3035
division (O) of section 3317.02 of the Revised Code as that	3036
section existed prior to July 1, 1998.	3037

(3) "Valuation per pupil" means a district's total taxable	3038
value as defined in section 3317.02 of the Revised Code divided by	3039
the district's ADM as defined in division (A) of section 3317.02	3040
of the Revised Code as that section existed prior to July 1, 1998.	3041

(B) The School Facilities Commission shall adopt rules for	3042
awarding grants to school districts with a valuation per pupil	3043
less than $200,000, to be used for construction, reconstruction,	3044
or renovation projects in classroom facilities, the purpose of	3045
which is to improve access to such facilities by physically	3046
handicapped persons. The rules shall include application	3047
procedures. No school district shall be awarded a grant under	3048
this section in excess of $100,000. In addition, any school	3049
district shall be required to pay a percentage of the cost of the	3050
project for which the grant is being awarded equal to the	3051
percentile in which the district is so ranked.	3052

Section 5.01. BIG EIGHT SCHOOL DISTRICTS

3053

(A) The amounts reappropriated for appropriation item	3054
CAP-781, Big Eight Renovation Program, shall be used by the School	3055
Facilities Commission to provide funds to the big eight school	3056
districts as defined in section 3314.02 of the Revised Code to be	3057
used for major renovations and repairs of school facilities. Big	3058
eight school districts that levy at least 2.5 voted mills for	3059
permanent improvements shall also be eligible to expend funding	3060
from this program for additions to existing facilities. However,	3061
any big eight school district that does so shall receive no	3062
financial assistance from the School Facilities Commission for the	3063
purpose of replacing that facility for a period of at least twenty	3064
years. These appropriations shall be allocated to the big eight	3065
school districts on a per-pupil basis, based on fiscal year 1999	3066
average daily membership as defined in section 3317.03 of the	3067
Revised Code. School districts that receive conditional approval	3068
by the Controlling Board, pursuant to section 3318.04 of the	3069
Revised Code, to participate in the Accelerated Urban School	3070
Building Program shall no longer be eligible to receive funding	3071
from the Big Eight Renovation Program, except for appropriations	3072
already encumbered at the time the conditional approval is	3073
granted. To be eligible to receive appropriations from the Big	3074
Eight Renovation Program, each school district shall:	3075

(1) Provide a 100 per cent match from funds that are	3076
approved by the School Facilities Commission. Except for, after	3077
the effective date of this section, eligible districts in the	3078
first through fiftieth percentile, as determined under section	3079
3318.011 of the Revised Code, shall provide a match to their	3080
remaining balances in the Big Eight Renovation Program as of the	3081
effective date of this section such that the local match is equal	3082
to the district's percentage share contribution as determined	3083
under the fiscal year 2002 three-year average adjusted valuation	3084
per pupil list pursuant to section 3318.011 of the Revised Code.	3085

(2) Develop and submit a capital renovations plan for the	3086
use of the state and local funds, subject to approval by the	3087
School Facilities Commission.	3088

(B) The Executive Director of the School Facilities	3089
Commission may from time to time request the Director of Budget	3090
and Management to transfer any unencumbered and unallotted	3091
balances in appropriation item CAP-781, Big Eight Renovation	3092
Program, to appropriation item CAP-622, Public School Buildings.	3093
Any amounts transferred are hereby appropriated.	3094

Section 6. The items set forth in this section are hereby	3095
appropriated out of any moneys in the state treasury to the credit	3096
of the Highway Safety Fund (Fund 036) that are not otherwise	3097
appropriated.	3098

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

3099

Section 7.  All items set forth in this section are hereby	3112
appropriated out of any moneys in the state treasury to the credit	3113
of the Waterways Safety Fund (Fund 086) that are not otherwise	3114
appropriated.	3115

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

3116

Section 8.  All items set forth in this section are hereby	3125
appropriated out of any moneys in the state treasury to the credit	3126
of the Underground Parking Garage Operating Fund (Fund 208) that	3127
are not otherwise appropriated.	3128

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

3129

Section 9.  All items set forth in this section are hereby	3138
appropriated out of any moneys in the state treasury to the credit	3139
of the Nursing Home - Federal Fund (Fund 319) that are not	3140
otherwise appropriated.	3141

Reappropriations

OVH OHIO VETERANS' HOME

3142

Section 10.  All items set forth in this section are hereby	3147
appropriated out of any moneys in the state treasury to the credit	3148
of the Capital Donations Fund (Fund 5A1) that are not otherwise	3149
appropriated.	3150

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

3151

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

3154

The Executive Director of the Arts and Sports Facilities	3155
Commission shall certify to the Director of Budget and Management	3156
the amount of cash receipts and related investment income,	3157
irrevocable letters of credit from a bank, or certification of the	3158
availability of funds that have been received from a county or a	3159
city for deposit to the Capital Donations Fund and are related to	3160
an anticipated project. These amounts are hereby appropriated to	3161
appropriation item CAP-702, Capital Donations. Prior to certifying	3162
these amounts to the Director, the Executive Director shall make a	3163
written agreement with the participating entity on the necessary	3164
cash flows required for the anticipated construction or equipment	3165
acquisition project.	3166

Section 11.  The items set forth in this section are hereby	3167
appropriated out of any moneys in the state treasury to the credit	3168
of the Veterans' Home Improvement Fund (Fund 604) that are not	3169
otherwise appropriated.	3170

Reappropriations

OVH OHIO VETERANS' HOME

3171

Section 12. All items set forth in this section are hereby	3181
appropriated out of any moneys in the state treasury to the credit	3182
of the Education Facilities Trust Fund (Fund N87) that are not	3183
otherwise appropriated.	3184

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

3185

Section 13. All items set forth in this section are hereby	3191
appropriated out of any moneys in the state treasury to the credit	3192
of the Clean Ohio Revitalization Fund (Fund 003) and derived from	3193
the proceeds of obligations heretofore authorized to pay the costs	3194
of the following categories of capital improvements:	3195

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

3196

Section 14. All items set forth in this section are hereby	3202
appropriated out of any moneys in the state treasury to the credit	3203
of the Sports Facilities Building Fund (Fund 024) and derived from	3204
the proceeds of obligations heretofore authorized to pay the costs	3205
of the following capital improvements:	3206

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

3207

Section 15.  All items set forth in this section are hereby	3213
appropriated out of any moneys in the state treasury to the credit	3214
of the Highway Safety Building Fund (Fund 025) and derived from	3215
the proceeds and obligations heretofore authorized to pay the	3216
costs of the following capital improvements:	3217

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

3218

PUBLIC SAFETY OFFICE BUILDING

3227

The amount reappropriated for the foregoing appropriation	3228
item CAP-047, Public Safety Office Building, shall be the	3229
unencumbered and unallotted balance as of June 30, 2000, in	3230
appropriation item CAP-047, Public Safety Office Building, minus	3231
$897,691.	3232

INVESTIGATIVE UNIT MARCS EQUIPMENT

3233

The amount reappropriated for the foregoing appropriation	3234
item CAP-076, Investigative Unit MARCS Equipment, shall be	3235
$897,691.	3236

Section 16.  All items set forth in Sections 16.01 to 16.15	3237
are hereby appropriated out of any moneys in the state treasury to	3238
the credit of the Administrative Building Fund (Fund 026) and	3239
derived from the proceeds of obligations heretofore authorized to	3240
pay the costs of capital facilities, as defined in section 152.09	3241
of the Revised Code, for the following capital improvements:	3242

Reappropriations

Section 16.01.  ADJ ADJUTANT GENERAL

3243

NEW ARMORY CONSTRUCTION

3262

The foregoing appropriation item CAP-059, Construct Bowling	3263
Green Armory, shall be used to fund the state's share of the cost	3264
of building a basic armory in the Bowling Green area, including	3265
the cost of site acquisition, site preparation, and planning and	3266
design. Appropriations shall not be released for this item	3267
without a certification by the Adjutant General to the Director of	3268
Budget and Management that sufficient moneys have been allocated	3269
for the federal share of the cost of construction.	3270

Reappropriations

Section 16.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

3271

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

3293

The foregoing appropriation item CAP-809, Hazardous Substance	3294
Abatement, shall be used to fund the removal of asbestos, PCB,	3295
radon gas, and other contamination hazards from state facilities.	3296

Prior to the release of funds for asbestos abatement, the	3297
Department of Administrative Services shall review proposals from	3298
state agencies to use these funds for asbestos abatement projects	3299
based on criteria developed by the Department of Administrative	3300
Services. Upon a determination by the Department of	3301
Administrative Services that the requesting agency cannot fund the	3302
asbestos abatement project or other toxic materials removal	3303
through existing capital and operating appropriations, the	3304
department may request the release of funds for such projects by	3305
the Controlling Board. State agencies intending to fund asbestos	3306
abatement or other toxic materials removal through existing	3307
capital and operating appropriations shall notify the Director of	3308
Administrative Services of the nature and scope prior to	3309
commencing the project.	3310

Only agencies that have received appropriations for capital	3311
projects from the Administrative Building Fund (Fund 026) are	3312
eligible to receive funding from this item. Public school	3313
districts are not eligible.	3314

OFFICE SERVICES BUILDING RENOVATION

3315

The amount reappropriated for the foregoing appropriation	3316
item CAP-826, Office Services Building Renovation, is the sum of	3317
the unencumbered and unallotted balances as of June 30, 2002, in	3318
Fund 026 appropriation items CAP-812, Old School for the Blind	3319
Renovation; CAP-814, Old School for the Blind Planning; CAP-824,	3320
State Real Estate Inventory System; CAP-826, Office Services	3321
Building Renovation; CAP-858, Lausche Building Improvements	3322
Planning; and CAP-861, Facilities Master Plan State Schools for	3323
the Blind and Deaf.	3324

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

3325

The foregoing appropriation item CAP-822, Americans with	3326
Disabilities Act, shall be used to renovate state-owned facilities	3327
to provide access for physically disabled persons in accordance	3328
with Title II of the Americans with Disabilities Act.	3329

Prior to the release of funds for renovation, state agencies	3330
shall perform self-evaluations of state-owned facilities	3331
identifying barriers to access to service. State agencies shall	3332
prioritize access barriers and develop a transition plan for the	3333
removal of these barriers. The Department of Administrative	3334
Services shall review proposals from state agencies to use these	3335
funds for Americans with Disabilities Act renovations.	3336

Only agencies that have received appropriations for capital	3337
projects from Administrative Building Fund (Fund 026) are eligible	3338
to receive funding from this item. Public school districts are	3339
not eligible.	3340

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

3341

There is hereby continued a Multi-Agency Radio Communications	3342
System (MARCS) Steering Committee consisting of the designees of	3343
the Directors of Administrative Services, Public Safety, Natural	3344
Resources, Transportation, Rehabilitation and Correction, and	3345
Budget and Management. The Director of Administrative Services or	3346
the director's designee shall chair the committee. The committee	3347
shall provide assistance to the Director of Administrative	3348
Services for effective and efficient implementation of the MARCS	3349
system as well as develop policies for the ongoing management of	3350
the system. Upon dates prescribed by the Directors of	3351
Administrative Services and Budget and Management, the MARCS	3352
Steering Committee shall report to the directors on the progress	3353
of MARCS implementation and the development of policies related to	3354
the system.	3355

The foregoing appropriation item CAP-827, Statewide	3356
Communications System, shall be used to purchase or construct the	3357
components of MARCS that are not specific to any one agency. The	3358
equipment may include, but is not limited to, multi-agency	3359
equipment at the Emergency Operations Center/Joint Dispatch	3360
Facility, computer and telecommunication equipment used for the	3361
functioning and integration of the system, communications towers,	3362
tower sites, tower equipment, and linkages among towers and	3363
between towers and the State of Ohio Network for Integrated	3364
Communication (SONIC) system. The Director of Administrative	3365
Services shall, with the concurrence of the MARCS Steering	3366
Committee, determine the specific use of funds.	3367

Spending from this appropriation item shall not be subject to	3368
Chapters 123. and 153. of the Revised Code.	3369

ENERGY CONSERVATION PROJECTS

3370

The foregoing appropriation item CAP-835, Energy Conservation	3371
Projects, shall be used to perform energy conservation	3372
renovations, including the United States Environmental Protection	3373
Agency's Energy Star Program, in state-owned facilities. Prior to	3374
the release of funds for renovation, state agencies shall have	3375
performed a comprehensive energy audit for each project. The	3376
Department of Administrative Services shall review and approve	3377
proposals from state agencies to use these funds for energy	3378
conservation. Public school districts and state-supported and	3379
state-assisted institutions of higher education are not eligible	3380
for funding from this item.	3381

MAJOR COMPUTER PURCHASES

3382

The amount reappropriated for the foregoing appropriation	3383
item CAP-837, Major Computer Purchases, is $2,660,065 plus the sum	3384
of the unencumbered and unallotted balances as of June 30, 2002,	3385
in Fund 026 appropriation item CAP-837, Major Computer Purchases.	3386

STRUCTURED CABLING

3387

The amount reappropriated for the foregoing appropriation	3388
item CAP-860, Structured Cabling, is the sum of the unencumbered	3389
and unallotted balances as of June 30, 2002, in Fund 026	3390
appropriation item CAP-860, Structured Cabling, less $2,660,065.	3391

Reappropriations

Section 16.03.  AGE DEPARTMENT OF AGING

3392

Reappropriations

Section 16.04.  AGR DEPARTMENT OF AGRICULTURE

3396

Reappropriations

Section 16.05.  AGO ATTORNEY GENERAL

3406

Reappropriations

Section 16.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

3412

STATEHOUSE SECURITY IMPROVEMENTS

3416

The amount reappropriated for the foregoing appropriation	3417
item CAP-011, Statehouse Security Improvements, shall be the	3418
unencumbered and unallotted balance as of June 30, 2002, in	3419
CAP-011, Statehouse Security Improvements, less $1,050,000.	3420

Reappropriations

Section 16.07.  COM DEPARTMENT OF COMMERCE

3421

Reappropriations

Section 16.08.  EXP EXPOSITIONS COMMISSION

3427

Reappropriations

Section 16.09.  JSC JUDICIARY/SUPREME COURT

3444

EXEMPT FROM PER CENT FOR ARTS PROGRAM

3447

The foregoing appropriation item CAP-001, Ohio Courts	3448
Building Renovations, is exempt from section 3379.10 of the	3449
Revised Code, the Per Cent for Arts Program.	3450

Reappropriations

Section 16.10. LIB STATE LIBRARY

3451

Reappropriations

Section 16.11.  DNR DEPARTMENT OF NATURAL RESOURCES

3455

Reappropriations

Section 16.12.  DHS DEPARTMENT OF PUBLIC SAFETY

3465

CONSTRUCT EMA/EOC AND OFFICE BUILDING

3471

The amount reappropriated for the foregoing appropriation	3472
item CAP-053, Construct EMA/EOC and Office Building, is $6,605.	3473

Reappropriations

Section 16.13.  OSB SCHOOL FOR THE BLIND

3474

Reappropriations

Section 16.14. OSD SCHOOL FOR THE DEAF

3486

ROOF RENOVATIONS

3491

The amount reappropriated for the foregoing appropriation	3492
item CAP-767, Roof Renovations, is the sum of the unencumbered and	3493
unallotted balances as of June 30, 2002, in appropriation items	3494
CAP-766, Construct Security Building at Entrance; CAP-767, Roof	3495
Renovations; and CAP-768, Dorm Furniture Replacement.	3496

Reappropriations

Section 16.15.  OVH OHIO VETERANS' HOME

3497

Section 17.  All items set forth in this section are hereby	3502
appropriated out of any moneys in the state treasury to the credit	3503
of the Adult Correctional Building Fund (Fund 027) and derived	3504
from the proceeds of obligations heretofore authorized to pay	3505
costs of capital facilities, as defined in section 152.09 of the	3506
Revised Code, for the Department of Rehabilitation and Correction.	3507

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

3508

STATEWIDE AND CENTRAL OFFICE PROJECTS

3509

BELMONT CORRECTIONAL INSTITUTION

3545

CHILLICOTHE CORRECTIONAL INSTITUTION

3549

CORRECTIONAL RECEPTION CENTER

3565

CORRECTIONS TRAINING ACADEMY

3568

DAYTON CORRECTIONAL INSTITUTION

3574

GRAFTON CORRECTIONAL INSTITUTION

3578

HOCKING CORRECTIONAL INSTITUTION

3581

LEBANON CORRECTIONAL INSTITUTION

3587

LIMA CORRECTIONAL INSTITUTION

3596

LONDON CORRECTIONAL INSTITUTION

3609

MADISON CORRECTIONAL INSTITUTION

3617

MANSFIELD CORRECTIONAL INSTITUTION

3624

MARION CORRECTIONAL INSTITUTION

3629

NORTHEAST PRE-RELEASE CENTER

3640

OAKWOOD CORRECTIONAL FACILITY

3643

OHIO REFORMATORY FOR WOMEN

3648

ORIENT CORRECTIONAL INSTITUTION

3666

PICKAWAY CORRECTIONAL INSTITUTION

3681

RICHLAND CORRECTIONAL INSTITUTION

3695

ROSS CORRECTIONAL INSTITUTION

3699

SOUTHEASTERN CORRECTIONAL INSTITUTION

3703

SOUTHERN OHIO CORRECTIONAL FACILITY

3715

TRUMBULL CORRECTIONAL INSTITUTION

3723

WARREN CORRECTIONAL INSTITUTION

3727

Section 17.01. LOCAL JAILS

3734

From the foregoing appropriation item, CAP-002, Local Jails,	3735
the Department of Rehabilitation and Correction shall designate	3736
the projects involving the construction and renovation of county,	3737
multicounty, municipal-county, and multicounty-municipal jail	3738
facilities and workhouses, including correctional centers	3739
authorized under sections 153.61 and 307.93 of the Revised Code,	3740
for which the Ohio Building Authority is authorized to issue	3741
obligations. Notwithstanding any provisions to the contrary in	3742
Chapter 152. or 153. of the Revised Code, the Department of	3743
Rehabilitation and Correction may coordinate, review, and monitor	3744
the drawdown and use of funds for the renovation or construction	3745
of projects for which designated funds are provided.	3746

The funding authorized under this section shall not be	3747
applied to any such facilities that are not designated by the	3748
Department of Rehabilitation and Correction. The amount of	3749
funding authorized under this section that may be applied to a	3750
project designated for initial funding after July 1,	3751
2000,involving the construction or renovation of a county,	3752
multicounty, municipal-county, and multicounty-municipal jail	3753
facilities and workhouses, including correctional centers	3754
authorized under sections 153.61 and 307.93 of the Revised Code,	3755
shall not exceed $35,000 per bed of the total allowable cost of	3756
the project in the case of construction of county and	3757
municipal-county jail facilities, workhouses, and correctional	3758
centers, or multicounty or multicounty-municipal jail facilities,	3759
workhouses, and correctional centers and shall not exceed 30 per	3760
cent of the total allowable cost of the project in the case of	3761
renovation of county, multicounty, municipal-county, and	3762
multicounty-municipal jail facilities, workhouses, and	3763
correctional centers. If a political subdivision is in the	3764
planning phase of constructing a multicounty or	3765
multicounty-municipal jail facility, workhouse, or correctional	3766
center on or before the effective date of this section, the	3767
Department of Rehabilitation and Correction shall fund that	3768
facility at $42,000 per bed. Multicounty or multicounty-municipal	3769
jail facility construction projects initiated after the effective	3770
date of this section may be considered for, but are not entitled	3771
to be awarded, funding at $42,000 per bed. The higher per bed	3772
award is at the discretion of the Department of Rehabilitation and	3773
Correction and is contingent upon available funds, the impact of	3774
the project, and inclusion of at least three counties in the	3775
project.	3776

The cost-per-bed funding authorized under this section that	3777
may be applied to a construction project shall not exceed the	3778
actual cost-per-bed of the project. The 30 per cent funding	3779
authorized under this section that may be applied to a renovation	3780
project shall not exceed $35,000 per bed of the total allowable	3781
cost of the project.	3782

The funding authorized under this section shall not be	3783
applied to any project involving the construction of a county,	3784
multicounty, municipal-county, or multicounty-municipal jail	3785
facility or workhouse, including a correctional center established	3786
under sections 153.61 and 307.93 of the Revised Code, unless the	3787
facility, workhouse, or correctional center will be built in	3788
compliance with "The Minimum Standards for Jails in Ohio" and the	3789
plans have been approved under section 5120.10 of the Revised	3790
Code. In addition, the funding authorized under this section	3791
shall not be applied to any project involving the renovation of a	3792
county, multicounty, municipal-county, or multicounty-municipal	3793
jail facility or workhouse, including a correctional center	3794
established under sections 153.61 and 307.93 of the Revised	3795
Code, unless the renovation is for the purpose of bringing the	3796
facility, workhouse, or correctional center into compliance with	3797
"The Minimum Standards for Jails in Ohio" and the plans have been	3798
approved under section 5120.10 of the Revised Code.	3799

Section 17.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

3800

The Department of Rehabilitation and Correction may designate	3801
to the Ohio Building Authority the sites of, and, notwithstanding	3802
any provisions to the contrary in Chapter 152. or 153. of the	3803
Revised Code, may review the renovation or construction of the	3804
single county and district community-based correctional facilities	3805
funded by the foregoing appropriation item CAP-003,	3806
Community-Based Correctional Facilities.	3807

POWERHOUSE/UTILITY IMPROVEMENTS

3808

The amount reappropriated for the foregoing appropriation	3809
item CAP-008, Powerhouse/Utility Improvements, is the unencumbered	3810
and unallotted balance as of June 30, 2002, in appropriation item	3811
CAP-008, Powerhouse/Utility Improvements, plus $544,622.	3812

Section 17.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

3813

The foregoing appropriation item CAP-041, Community	3814
Residential Program, may be used by the Department of	3815
Rehabilitation and Correction, under sections 5120.103, 5120.104,	3816
and 5120.105 of the Revised Code, to provide for the construction	3817
or renovation of halfway house facilities for offenders eligible	3818
for community supervision by the Department of Rehabilitation and	3819
Correction.	3820

GENERAL BUILDING RENOVATIONS

3821

The amount reappropriated for the foregoing appropriation	3822
item CAP-111, General Building Renovations, is the unencumbered	3823
and unallotted balance as of June 30, 2002, in appropriation item	3824
CAP-111, General Building Renovations, plus $1,666,065.	3825

Section 18.  All items set forth in this section are hereby	3826
appropriated out of any moneys in the state treasury to the credit	3827
of the Juvenile Correctional Building Fund (Fund 028) and derived	3828
from the proceeds of obligations heretofore authorized to pay	3829
costs of capital facilities, as defined in section 152.09 of the	3830
Revised Code, for the Department of Youth Services.	3831

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

3832

Section 18.01.  COMMUNITY REHABILITATION CENTERS

3849

From the foregoing appropriation item CAP-812, Community	3850
Rehabilitation Centers, the Department of Youth Services shall	3851
designate the projects involving the construction and renovation	3852
of single county and multicounty community corrections facilities	3853
for which the Ohio Building Authority is authorized to issue	3854
obligations.	3855

The Department of Youth Services is authorized to review and	3856
approve the renovation and construction of projects for which	3857
funds are provided. The proceeds of any obligations authorized	3858
under this section shall not be applied to any such facilities	3859
that are not designated and approved by the Department of Youth	3860
Services.	3861

The Department of Youth Services shall adopt guidelines to	3862
accept and review applications and designate projects. The	3863
guidelines shall require the county or counties to justify the	3864
need for the facility and to comply with timelines for the	3865
submission of documentation pertaining to the site, program, and	3866
construction.	3867

For purposes of this section, "community corrections	3868
facilities" has the same meaning as in section 5139.36 of the	3869
Revised Code.	3870

Section 18.02. LOCAL JUVENILE DETENTION CENTERS

3871

From the foregoing appropriation item CAP-829, Local Juvenile	3872
Detention Centers, the Department of Youth Services shall	3873
designate the projects involving the construction and renovation	3874
of county and multicounty juvenile detention centers for which the	3875
Ohio Building Authority is authorized to issue obligations.	3876

The Department of Youth Services is authorized to review and	3877
approve the renovation and construction of projects for which	3878
funds are provided. The proceeds of any obligations authorized	3879
under this section shall not be applied to any such facilities	3880
that are not designated by the Department of Youth Services.	3881

The Department of Youth Services shall comply with the	3882
guidelines set forth in this section, accept and review	3883
applications, designate projects, and determine the amount of	3884
state match funding to be applied to each project. The department	3885
shall, with the advice of the county or counties participating in	3886
a project, determine the funded design capacity of the detention	3887
centers that are designated to receive funding. Notwithstanding	3888
any provisions to the contrary contained in Chapter 152. or 153.	3889
of the Revised Code, the Department of Youth Services may	3890
coordinate, review, and monitor the drawdown and use of funds for	3891
the renovation and construction of projects for which designated	3892
funds are provided.	3893

(A) The Department of Youth Services shall develop a	3894
weighted numerical formula to determine the amount, if any, of	3895
state match that may be provided to a single or multicounty	3896
detention center project. The formula shall include the factors	3897
specified below in division (A)(1) of this section and may include	3898
the factors specified below in division (A)(2) of this section.	3899
The weight assigned to the factors specified in division (A)(1) of	3900
this section shall be not less than twice the weight assigned to	3901
factors specified in division (A)(2) of this section.	3902

(1)(a) The number of detention center beds needed in the	3903
county or group of counties, as estimated by the Department of	3904
Youth Services, is significantly more than the number of beds	3905
currently available;	3906

(b) Any existing detention center in the county or group of	3907
counties does not meet health, safety, or security standards for	3908
detention centers as established by the Department of Youth	3909
Services;	3910

(c) The Department of Youth Services projects that the	3911
county or group of counties have a need for a sufficient number of	3912
detention beds to make the project economically viable.	3913

(2)(a) The percentage of children in the county or group of	3914
counties living below the poverty level is above the state	3915
average;	3916

(b) The per capita income in the county or group of counties	3917
is below the state average.	3918

(B) The formula developed by the Department of Youth	3919
Services shall yield a percentage of state match ranging from 0 to	3920
60 per cent based on the above factors. Notwithstanding the	3921
foregoing provisions, if a single county or multicounty system	3922
currently has no detention center beds, or if the projected need	3923
for detention center beds as estimated by the Department of Youth	3924
Services is greater than 120 per cent of current detention center	3925
bed capacity, then the percentage of state match shall be 60 per	3926
cent. To determine the dollar amount of the state match for new	3927
construction projects, the percentage of state match is multiplied	3928
by $105,000 per bed for detention centers with a designated	3929
capacity of 99 beds or less, and by $130,000 per bed for detention	3930
centers with a design capacity of 100 beds or more. To determine	3931
the dollar amount of the state match for renovation projects the	3932
percentage match shall be multiplied by the actual cost of the	3933
renovation, provided that the cost of the renovation does not	3934
exceed $80,000 per bed. The funding authorized under this section	3935
that may be applied to a construction or renovation project shall	3936
not exceed the actual cost of the project.	3937

The funding authorized under this section shall not be	3938
applied to any project unless the detention center will be built	3939
in compliance with health, safety, and security standards for	3940
detention centers as established by the Department of Youth	3941
Services. In addition, the funding authorized under this section	3942
shall not be applied to the renovation of a detention center	3943
unless the renovation is for the purpose of increasing the number	3944
of beds in the center, or to meet health, safety, or security	3945
standards for detention centers as established by the Department	3946
of Youth Services.	3947

Section 19. All items set forth in this section are hereby	3948
appropriated out of any moneys in the state treasury to the credit	3949
of the Transportation Building Fund (Fund 029) and derived from	3950
the proceeds of obligations heretofore authorized to pay costs of	3951
the following capital improvements:	3952

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

3953

Section 20. All items set forth in this section are hereby	3958
appropriated out of any moneys in the state treasury to the credit	3959
of the Arts Facilities Building Fund (Fund 030) and derived from	3960
the proceeds of obligations heretofore authorized to pay costs of	3961
the following capital improvements:	3962

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

3963

CENTER OF SCIENCE AND INDUSTRY - TOLEDO

4018

The amount reappropriated for the foregoing item CAP-003,	4019
Center of Science and Industry - Toledo, is $6,559 plus the	4020
unencumbered and unallotted balances as of June 30, 2002, in	4021
appropriation item CAP-003, Center of Science and Industry -	4022
Toledo.	4023

VALENTINE THEATRE

4024

The amount reappropriated for the foregoing appropriation	4025
item CAP-004, Valentine Theatre, is $31,828 plus the unencumbered	4026
and unallotted balances as of June 30, 2002, in appropriation item	4027
CAP-004, Valentine Theatre.	4028

CENTER OF SCIENCE AND INDUSTRY - COLUMBUS

4029

The amount reappropriated for the foregoing appropriation	4030
item CAP-005, Center of Science and Industry - Columbus, is	4031
$190,334 plus the unencumbered and unallotted balances as of June	4032
30, 2002, in appropriation item CAP-005, Center of Science and	4033
Industry - Columbus.	4034

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	4035
CONTRACTS	4036

Notwithstanding division (A) of section 3383.07 of the	4037
Revised Code, the Ohio Arts and Sports Facilities Commission, with	4038
respect to the foregoing appropriation item CAP-005, Center of	4039
Science and Industry - Columbus may administer all or part of	4040
capital facilities project contracts involving exhibit fabrication	4041
and installation as determined by the Department of Administrative	4042
Services, the Center of Science and Industry - Columbus, and the	4043
Ohio Arts and Sports Facilities Commission in review of the	4044
project plans. The Ohio Arts and Sports Facilities Commission	4045
shall enter into a contract with the Center of Science and	4046
Industry - Columbus to administer the exhibit fabrication and	4047
installation contracts and such contracts are not subject to	4048
Chapter 123. or 153. of the Revised Code.	4049

SANDUSKY STATE THEATRE IMPROVEMENTS

4050

The amount reappropriated for the foregoing appropriation	4051
item CAP-010, Sandusky State Theatre Improvements, is $2,633 plus	4052
the unencumbered and unallotted balances as of June 30, 2002, in	4053
appropriation item CAP-010, Sandusky State Theatre Improvements.	4054

STAMBAUGH HALL IMPROVEMENTS

4055

The amount reappropriated for the foregoing appropriation	4056
item CAP-013, Stambaugh Hall Improvements, is $1,477 plus the	4057
unencumbered and unallotted balances as of June 30, 2002, in	4058
appropriation item CAP-013, Stambaugh Hall Improvements.	4059

OHIO AGRICULTURAL AND INDUSTRIAL HERITAGE CENTER

4060

The amount reappropriated for the foregoing appropriation	4061
item CAP-056, Ohio Agricultural and Industrial Heritage Center, is	4062
$1,787 plus the unencumbered and unallotted balances as of June	4063
30, 2002, in appropriation item CAP-056, Ohio Agricultural and	4064
Industrial Heritage Center.	4065

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

4066

The amount reappropriated for appropriation item CAP-044,	4067
National Underground Railroad Freedom Center, is the sum of the	4068
unencumbered and unallotted balance as of June 30, 2002, in	4069
appropriation item CAP-044, National Underground Railroad Freedom	4070
Center, and CAP-029, Cincinnati Riverfront Development.	4071

Section 21.  All items set forth in this section are hereby	4072
appropriated out of any moneys in the state treasury to the credit	4073
of the Ohio Parks and Natural Resources Fund (Fund 031) and	4074
derived from the proceeds of obligations heretofore authorized to	4075
pay costs of capital facilities, as defined in sections 151.01 and	4076
151.05 of the Revised Code, for natural resource-related purposes.	4077

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4078

STATEWIDE AND LOCAL PROJECTS

4079

DIVISION OF CIVILIAN CONSERVATION

4107

DIVISION OF FORESTRY

4113

DIVISION OF GEOLOGIC SURVEY

4122

DIVISION OF MINERAL RESOURCES MANAGEMENT

4125

DIVISION OF NATURAL AREAS AND PRESERVES

4128

DIVISION OF WILDLIFE

4137

DIVISION OF PARKS AND RECREATION

4140

DIVISION OF SOIL AND WATER CONSERVATION

4169

DIVISION OF WATER

4173

Section 21.01. LAND ACQUISITION

4186

Of the foregoing appropriation item CAP-012, Land	4187
Acquisition, $300,000 shall be used by the City of Mentor to	4188
purchase property for the Mentor Marsh.	4189

CHIPPEWA MARINA

4190

Of the foregoing appropriation item CAP-331, Park Boating	4191
Facilities, $200,000 shall be used for the Chippewa Marina	4192
Rehabilitation at Indian Lake State Park in Logan County for dock	4193
replacement, additional docks, and seawall repairs.	4194

MIAMI AND ERIE CANAL IMPROVEMENTS

4195

Of the foregoing appropriation item CAP-705, Rehabilitate	4196
Canals, Hydraulic Works, and Support Facilities, at least	4197
$1,250,000 shall be used for Miami and Erie Canal improvements.	4198

REHABILITATE CANALS, HYDRAULIC WORKS, AND SUPPORT FACILITIES

4199

Of the foregoing reappropriation item CAP-705, Rehabilitate	4200
Canals, Hydraulic Works, and Support Facilities, $150,000 shall be	4201
used for Miami-Erie Canal Improvements in Allen County and	4202
$1,000,000 shall be used for the Ohio Canal Lock 3 Revitalization.	4203

OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT AND	4204
RENOVATION	4205

Of the foregoing reappropriation item CAP-841, Operations and	4206
Maintenance Facility Renovation and Development, $8,000 shall be	4207
used for Perry State Forest Fencing in Perry County, and $10,000	4208
shall be used for Harrison State Forest Improvements.	4209

LOCAL PARKS PROJECTS - STATEWIDE

4210

The amount reappropriated for the foregoing appropriation	4211
item CAP-748, Local Parks Projects - Statewide, is $1,311,625	4212
plus the unencumbered and unallotted balance as of June 30, 2002,	4213
in item CAP-748, Local Parks Projects - Statewide. The $1,311,625	4214
represents amounts that were previously appropriated, allocated to	4215
counties pursuant to division (D) of section 1557.06 of the	4216
Revised Code, and encumbered for local project grants. The	4217
encumberances for these local projects in the various counties	4218
shall be canceled by the Director of Natural Resources or the	4219
Director of Budget and Management. The Director of Natural	4220
Resources shall allocate the $1,311,625 to the same counties the	4221
moneys were originally allocated to, in the amount of the canceled	4222
encumbrances.	4223

COMMUNITY RECREATION PROJECTS

4224

Of the foregoing appropriation item CAP-788, Community	4225
Recreation Projects, grants shall be made for the following	4226
projects: $10,000 for Goodale Park Improvements, $20,000 for	4227
Grove City Park Improvements, $100,000 for Chagrin Falls Park,	4228
$10,000 for Holmes County Park District, $60,000 for the Leighty	4229
Lake Restoration Project, $300,000 for Firestone Park	4230
Improvements, $50,000 for Dover City Parks, $50,000 for New	4231
Philadelphia City Park, and $82,000 for Hamilton Township Park at	4232
Foster.	4233

DAM REHABILITATION

4234

Of the foregoing appropriation item CAP-881, Dam	4235
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	4236
Muskingum River Locks and Dams.	4237

Section 21.02.  For the projects appropriated in Section 21	4238
of this act, the Ohio Department of Natural Resources shall	4239
periodically prepare and submit to the Director of Budget and	4240
Management the estimated design, planning, and engineering costs	4241
of capital-related work to be done by the Department of Natural	4242
Resources for each project. Based on the estimates, the Director	4243
of Budget and Management may release appropriations from the	4244
foregoing appropriation item CAP-753, Project Planning, to pay for	4245
design, planning, and engineering costs incurred by the Department	4246
of Natural Resources for such projects. Upon release of the	4247
appropriations by the Director of Budget and Management, the	4248
Department of Natural Resources shall pay for these expenses from	4249
Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 using an	4250
intrastate voucher.	4251

Section 22.  All items set forth in this section are hereby	4252
appropriated out of any moneys in the state treasury to the credit	4253
of the School Building Program Assistance Fund (Fund 032) and	4254
derived from the proceeds of obligations heretofore authorized to	4255
pay the cost to the state of constructing classroom facilities	4256
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	4257

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

4258

THE AMOUNT REAPPROPRIATED FOR SCHOOL BUILDING PROGRAM	4265
ASSISTANCE	4266

The amount reappropriated for the foregoing appropriation	4267
item CAP-770, School Building Program Assistance, is the sum of	4268
the unencumbered and unallotted balances as of June 30, 2002, in	4269
appropriation items CAP-770, School Building Program Assistance,	4270
and CAP-775, Big Eight Capital Improvement Program.	4271

Section 22.01. BIG EIGHT SCHOOL DISTRICTS

4272

(A) The amount reappropriated for the foregoing appropriation	4273
item CAP-775, Big Eight Capital Improvement Program, shall be used	4274
by the School Facilities Commission to provide funding to the big	4275
eight school districts, as defined in section 3314.02 of the	4276
Revised Code, to be used for major renovations and repairs of	4277
school facilities. Big eight school districts that levy at least	4278
2.5 voted mills for permanent improvements also are eligible to	4279
expend funding from this program for additions to existing	4280
facilities. However, any big eight school district that does so	4281
shall receive no financial assistance from the School Facilities	4282
Commission for the purpose of replacing that facility for a period	4283
of at least twenty years. These appropriations shall be allocated	4284
to the big eight school districts on a per-pupil basis, based on	4285
fiscal year 1997 average daily membership as defined in section	4286
3317.03 of the Revised Code. School districts that receive	4287
conditional approval by the Controlling Board, pursuant to section	4288
3318.04 of the Revised Code, to participate in the Accelerated	4289
Urban School Building Program are no longer eligible to receive	4290
funding from the Big Eight Capital Improvement Program, except for	4291
appropriations already encumbered at the time the conditional	4292
approval is granted. To be eligible to receive appropriations from	4293
the Big Eight Capital Improvement Program, each school district	4294
shall:	4295

(1) Provide a 100 per cent match from funds that are approved	4296
by the School Facilities Commission. Except for, after the	4297
effective date of this section, eligible districts in the first	4298
through fiftieth percentile, as determined under section 3318.011	4299
of the Revised Code, shall provide a match to their remaining	4300
balances in the Big Eight Renovation Program as of the effective	4301
date of this section such that the local match is equal to the	4302
district's percentage share contribution as determined under the	4303
fiscal year 2002 three-year average adjusted valuation per pupil	4304
list pursuant to section 3318.011 of the Revised Code.	4305

(2) Develop and submit a capital renovations plan for the use	4306
of the state and local funds subject to approval by the School	4307
Facilities Commission.	4308

(B) The Executive Director of the School Facilities	4309
Commission may from time to time request the Director of Budget	4310
and Management to transfer any unencumbered and unallotted	4311
balances in appropriation item CAP-775, Big Eight Capital	4312
Improvement Program, to appropriation item CAP-770, School	4313
Building Program Assistance. Any amounts transferred are hereby	4314
appropriated.	4315

Section 23.  All items set forth in Sections 23.01 to 23.03	4316
of this act are hereby appropriated out of any moneys in the state	4317
treasury to the credit of the Mental Health Facilities Improvement	4318
Fund (Fund 033) and derived from the proceeds of obligations	4319
heretofore authorized to pay costs of capital facilities, as	4320
defined in section 154.01 of the Revised Code, for mental hygiene	4321
and retardation.	4322

Reappropriations

Section 23.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	4323
SERVICES	4324

Reappropriations

Section 23.02.  DMH DEPARTMENT OF MENTAL HEALTH

4330

STATEWIDE AND CENTRAL OFFICE PROJECTS

4331

HAZARDOUS MATERIALS ABATEMENT

4341

The amount reappropriated for appropriation item CAP-092,	4342
Hazardous Materials Abatement, is the sum of the unencumbered and	4343
unallotted balances as of June 30, 2002, in appropriation items	4344
CAP-973, Abatement of Hazardous Airborne Materials, and CAP-092,	4345
Hazardous Materials Abatement.	4346

LIFE SAFETY AND CRITICAL PLANT RENOVATIONS

4347

The amount reappropriated for appropriation item CAP-976,	4348
Life Safety/Critical Plant Renovations, is the sum of the	4349
unencumbered and unallotted balances as of June 30, 2002, in	4350
appropriation items CAP-954, Fire Suppression Improvements -	4351
Dayton; CAP-979, Life Safety/Critical Plant Renovation; CAP-983,	4352
Life Safety/Critical Plant Renovation; and CAP-976, Life	4353
Safety/Critical Plant Renovation.	4354

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

4355

The amount reappropriated for appropriation item CAP-977,	4356
Patient Care/Environment Improvements, is the sum of the	4357
unencumbered and unallotted balances as of June 30, 2002, in	4358
appropriation items CAP-303, Center School Replacement; CAP-701,	4359
Energy Conservation Projects; CAP-790, Main Building Addition -	4360
Phase 1 - Toledo; CAP-822, New Facility Development - Athens;	4361
CAP-949, Building/Residential Unit Rehabilitation - CMHC; CAP-950,	4362
Residential Unit Reconfiguration - Columbus; CAP-953	4363
Building/Residential Unit Reconfiguration - North Campus; CAP-956,	4364
Building/Residential Unit Reconfiguration - Dayton; CAP-958,	4365
Building/Residential Unit Reconfiguration - MPC; CAP-963, Building	4366
Reconfiguration/Consolidation - Toledo; CAP-980, Patient	4367
Environment Improvements/Consolidation; CAP-984, Patient	4368
Environment Improvements/Consolidation; and CAP-977, Patient	4369
Care/Environment Improvements.	4370

INFRASTRUCTURE RENOVATIONS

4371

The amount reappropriated for appropriation item CAP-978,	4372
Infrastructure Renovations, is the sum of the unencumbered and	4373
unallotted balances as of June 30, 2002, in appropriation items	4374
CAP-825, Dietary Facility Development; CAP-930, Boiler/HVAC	4375
Renovation - Phase 2; CAP-833, Dietary Renovation - North Campus;	4376
CAP-943, Dietary Delivery System; CAP-947, Telephone System	4377
Renovation; CAP-951, Utility Consolidation/Site Improvements -	4378
Columbus; CAP-982, Infrastructure Renovations; CAP-985,	4379
Infrastructure Renovations; CAP-987, Telecommunication	4380
Renovations; and CAP-978, Infrastructure Renovations.	4381

CAMPUS CONSOLIDATION

4382

The amount reappropriated for appropriation item CAP-986,	4383
Campus Consolidation, is the sum of the unencumbered and	4384
unallotted balances as of June 30, 2002, in appropriation items	4385
CAP-906, Campus Consolidation Planning; and CAP-986, Campus	4386
Consolidation.	4387

Reappropriations

Section 23.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND

4388

DEVELOPMENTAL DISABILITIES

4389

STATEWIDE PROJECTS

4390

COMMUNITY ASSISTANCE PROJECTS

4401

The foregoing appropriation item CAP-480, Community	4402
Assistance Projects, may be used to provide community assistance	4403
funds for the construction or renovation of facilities for day	4404
programs or residential programs that provide services to persons	4405
eligible for services from the Department of Mental Retardation	4406
and Developmental Disabilities or county boards of mental	4407
retardation and developmental disabilities. Any funds provided to	4408
nonprofit agencies for the construction or renovation of	4409
facilities for persons eligible for services from the Department	4410
of Mental Retardation and Developmental Disabilities and county	4411
boards of mental retardation and developmental disabilities are	4412
subject to the prevailing wage provisions in section 176.05 of the	4413
Revised Code.	4414

STATEWIDE DEVELOPMENTAL CENTERS

4415

The amount reappropriated for the foregoing appropriation	4416
item CAP-955, Statewide Developmental Centers, is the sum of the	4417
unencumbered and unallotted balances as of June 30, 2002, in	4418
appropriation items CAP-014, Electrical System Renovations;	4419
CAP-479, Community Residential Projects; CAP-712,	4420
Administration/Education/Workshop; CAP-849, Exterior Renovations;	4421
CAP-854, Renovate Residential Buildings; CAP-888, New	4422
Dietary/Support Service Building - CDC; CAP-890, Roof Renovations	4423
- GDC; CAP-897, ADA Compliance Improvements - TDC; CAP-916,	4424
Electrical System Renovation; CAP-918, Renovation of Water	4425
Wells/Tower; CAP-921, Window Replacements; CAP-929, Program	4426
Building Renovation; CAP-930, Garza Building Renovation; CAP-939,	4427
Tunnel and Site Improvements; CAP-942, Fire Alarm/Sprinkler System	4428
Improvements; and CAP-980, Pool Chemical Feed System.	4429

APPLE CREEK DEVELOPMENTAL CENTER

4430

CAMBRIDGE DEVELOPMENTAL CENTER

4438

COLUMBUS DEVELOPMENTAL CENTER

4445

GALLIPOLIS DEVELOPMENTAL CENTER

4451

MONTGOMERY DEVELOPMENTAL CENTER

4459

MOUNT VERNON DEVELOPMENTAL CENTER

4465

NORTHWEST OHIO DEVELOPMENTAL CENTER

4475

SOUTHWEST OHIO DEVELOPMENTAL CENTER

4482

SPRINGVIEW DEVELOPMENTAL CENTER

4487

TIFFIN DEVELOPMENTAL CENTER

4493

WARRENSVILLE DEVELOPMENTAL CENTER

4501

YOUNGSTOWN DEVELOPMENTAL CENTER

4511

Section 23.04.  The foregoing capital improvements for which	4522
appropriations are made in Sections 23.01 to 23.03 of this act are	4523
determined to be capital improvements and capital facilities for	4524
mental hygiene and retardation, and are designated as the capital	4525
facilities to which proceeds of obligations in the Mental Health	4526
Facilities Improvement Fund, created by section 154.20 of the	4527
Revised Code, are to be applied. The foregoing appropriations for	4528
the Department of Alcohol and Drug Addiction Services, CAP-002,	4529
Community Assistance Projects; Department of Mental Health,	4530
CAP-479, Community Assistance Projects; and Department of Mental	4531
Retardation and Developmental Disabilities, CAP-480, Community	4532
Assistance Projects, may be used on facilities constructed or to	4533
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	4534
5126. of the Revised Code or the authority granted by section	4535
154.20 of the Revised Code and the rules adopted pursuant to those	4536
chapters and that section and shall be distributed by the	4537
Department of Alcohol and Drug Addiction Services, the Department	4538
of Mental Health, and the Department of Mental Retardation and	4539
Developmental Disabilities, subject to Controlling Board approval.	4540

Section 23.05.  (A) No capital improvement appropriations	4541
made in Sections 23.01 to 23.03 of this act shall be released for	4542
planning or for improvement, renovation, or construction or	4543
acquisition of capital facilities if a governmental agency, as	4544
defined in section 154.01 of the Revised Code, does not own the	4545
real property that constitutes the capital facilities or on which	4546
the capital facilities are or will be located. This restriction	4547
does not apply in any of the following circumstances:	4548

(1) The governmental agency has a long-term (at least	4549
fifteen years) lease of, or other interest (such as an easement)	4550
in, the real property.	4551

(2) In the case of an appropriation for capital facilities	4552
that, because of their unique nature or location, will be owned or	4553
be part of facilities owned by a separate nonprofit organization	4554
and made available to the governmental agency for its use or	4555
operated by the nonprofit organization under contract with the	4556
governmental agency, the nonprofit organization either owns or has	4557
a long-term (at least fifteen years) lease of the real property or	4558
other capital facility to be improved, renovated, constructed, or	4559
acquired and has entered into a joint or cooperative use	4560
agreement, approved by the Department of Mental Health, Department	4561
of Mental Retardation and Developmental Disabilities, or	4562
Department of Alcohol and Drug Addiction Services, whichever is	4563
applicable, with the governmental agency for that agency's use of	4564
and right to use the capital facilities to be financed and, if	4565
applicable, improved, the value of such use or right to use being,	4566
as determined by the parties, reasonably related to the amount of	4567
the appropriation.	4568

(B) In the case of capital facilities referred to in	4569
division (A)(2) of this section, the joint or cooperative use	4570
agreement shall include, as a minimum, provisions that:	4571

(1) Specify the extent and nature of that joint or	4572
cooperative use, extending for no fewer than fifteen years, with	4573
the value of such use or right to use to be, as determined by the	4574
parties and approved by the applicable department, reasonably	4575
related to the amount of the appropriation;	4576

(2) Provide for pro rata reimbursement to the state should	4577
the arrangement for joint or cooperative use by a governmental	4578
agency be terminated;	4579

(3) Provide that procedures to be followed during the	4580
capital improvement process will comply with appropriate	4581
applicable state statutes and rules, including provisions of this	4582
act.	4583

Section 24.  All items set forth in Sections 24.01 to 24.56	4584
of this act are hereby appropriated out of any moneys in the	4585
state treasury to the credit of the Higher Education Improvement	4586
Fund (Fund 034) and derived from the proceeds of obligations	4587
heretofore authorized to pay the costs of capital facilities, as	4588
defined in sections 151.01 and 151.04 of the Revised Code, for	4589
state-supported and state-assisted institutions of higher	4590
education.	4591

Reappropriations

Section 24.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	4592
NETWORK COMMISSION	4593

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

4598

The foregoing appropriation item CAP-001, Educational	4599
Television and Radio Equipment, shall be used to provide	4600
broadcasting, transmission, and production equipment to Ohio	4601
public radio and television stations, radio reading services, and	4602
the Ohio Educational Telecommunications Network Commission.	4603

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

4604

The foregoing appropriation item CAP-002, Educational	4605
Broadcasting Fiber Optic Network, shall be used to link the Ohio	4606
public radio and television stations, radio reading services, and	4607
the Ohio Educational Broadcasting Network for the reception and	4608
transmission of digital communications through fiber optic cable	4609
or other technology.	4610

Reappropriations

Section 24.02.  BOR BOARD OF REGENTS

4611

Section 24.03. SUPERCOMPUTER CENTER EXPANSION

4624

The amount reappropriated for the foregoing appropriation	4625
item CAP-030, Supercomputer Center Expansion, is the unencumbered	4626
and unallotted balance as of June 30, 2002, in appropriation item	4627
CAP-030, Supercomputer Center Expansion, minus $508,599.	4628

Section 24.04. RESEARCH FACILITY ACTION INVESTMENT FUNDS

4629

The amount reappropriated for the foregoing appropriation	4630
item CAP-032, Research Facility Action and Investment Funds, is	4631
the sum of the unencumbered and unallotted balance as of June 30,	4632
2002, in appropriation item CAP-032, Research Facility Action and	4633
Investment Funds, plus the unencumbered and unallotted balance as	4634
of June 30, 2002, in Youngstown State University's appropriation	4635
item CAP-118, X-Ray Defractometer.	4636

Section 24.05.  RESEARCH FACILITY ACTION AND INVESTMENT	4637
FUNDS	4638

The foregoing appropriation item CAP-032, Research Facility	4639
Action and Investment Funds, shall be used for a program of grants	4640
to be administered by the Board of Regents to provide timely	4641
availability of capital facilities for research programs and	4642
research-oriented instructional programs at or involving	4643
state-supported and state-assisted institutions of higher	4644
education.	4645

The Board of Regents shall adopt rules under Chapter 119. of	4646
the Revised Code relative to the application for and approval of	4647
projects funded from appropriation item CAP-032, Research Facility	4648
Action and Investment Funds. The rules shall be reviewed and	4649
approved by the Legislative Committee on Education Oversight. The	4650
Board of Regents shall inform the President of the Senate and the	4651
Speaker of the House of Representatives of each project	4652
application for funding received. Each project receiving a	4653
commitment for funding by the Board of Regents under the rules	4654
shall be reported to the President of the Senate and the Speaker	4655
of the House of Representatives.	4656

Section 24.06. REPAYMENT OF RESEARCH FACILITY ACTION AND	4657
INVESTMENT FUND MONEYS	4658

Notwithstanding any provision of law to the contrary, all	4659
repayments of Research Facility Action and Investment Fund loans	4660
shall be made to the Bond Service Account in the Higher Education	4661
Bond Service Trust Fund.	4662

Institutions of higher education shall make timely repayments	4663
of Research Facility Action and Investment Fund loans, according	4664
to the schedule established by the Board of Regents. In the case	4665
of late payments, the Board of Regents may deduct from an	4666
institution's periodic subsidy distribution an amount equal to the	4667
amount of the overdue payment for that institution, transfer such	4668
amount to the Bond Service Trust Fund, and credit the appropriate	4669
institution for the repayment.	4670

Section 24.07. CHILD CARE FACILITIES - MATCHING GRANTS

4671

The foregoing appropriation item CAP-033, Child Care	4672
Facilities - Matching Grants, shall be used by the Board of	4673
Regents to make grants to state-supported or state-assisted	4674
institutions of higher education for projects to expand,	4675
construct, renovate space, or equip child care centers. All	4676
grants shall be awarded on a 50 per cent match basis. In making	4677
grant awards, the Board of Regents shall give priority to:	4678

(A) Projects located at state-supported or state-assisted	4679
institutions without child care facilities;	4680

(B) Projects for which the principal clients are children of	4681
students enrolled at the institution; and	4682

(C) Projects where the facility will be used as a	4683
classroom/training lab for child care/preschool certification	4684
programs.	4685

Section 24.08. TECHNOLOGY INITIATIVES

4686

In order to determine a method of awarding grants from the	4687
foregoing appropriation item CAP-060, Technology Initiatives, the	4688
Board of Regents shall form a consultation group including, but	4689
not limited to, representatives of state-supported and	4690
state-affiliated colleges and universities, the Office of Budget	4691
and Management, the Legislative Service Commission, and the	4692
Legislative Office of Education Oversight.	4693

Section 24.09. EMINENT SCHOLARS CAPITAL GRANTS

4694

The foregoing appropriation item CAP-064, Eminent Scholars	4695
Capital Grants, shall be used by the Board of Regents to make	4696
grants to state colleges and universities and nonprofit	4697
institutions of higher education holding certificates of	4698
authorization issued under section 1713.02 of the Revised Code	4699
that receive endowment grants from appropriation item 235-451,	4700
Eminent Scholars. The capital grants shall be used to acquire,	4701
renovate, rehabilitate, or construct facilities and purchase	4702
equipment to be used by an eminent scholar in the conduct of	4703
research and shall require a 50 per cent match from recipient	4704
campuses.	4705

The Board of Regents shall convene an Eminent Scholars	4706
Advisory Panel that shall make recommendations for the	4707
administration of the Eminent Scholars Program, including the	4708
award of capital grants. The panel's recommendations for capital	4709
grants from appropriation item CAP-064, Eminent Scholars Capital	4710
Grants, shall require the approval of the Board of Regents.	4711

Section 24.10. BIOMEDICAL TECHNOLOGY CENTER

4712

The foregoing appropriation item CAP-065, Biomedical	4713
Technology Center, shall be used by the Center for Applied	4714
Biomedical Technologies for site development and the design,	4715
construction, and equipment costs of a new biomedical technology	4716
resources facility. Prior to release of the funds, a proposal for	4717
the construction of the facility and the use of state funds shall	4718
be approved by the Biomedical Technology Center Oversight	4719
Committee, which is hereby created and consists of the Governor's	4720
Science and Technology Advisor, the president of the Edison Bio	4721
Technology Center, and the Governor's regional economic	4722
development representative for northeastern Ohio. The committee	4723
shall determine the extent to which Section 24.54 of this act or	4724
appropriate alternative procedures apply to the project. Upon	4725
notification of the committee's approval, the Chancellor of the	4726
Board of Regents shall request the Director of Budget and	4727
Management or the Controlling Board to release the appropriations.	4728
The Biomedical Technology Center Oversight Committee ceases to	4729
exist upon the release of all appropriations from this item. This	4730
appropriation shall not be used to match any grants made by the	4731
Biomedical Research and Technology Transfer Commission.	4732

Section 24.11. REIMBURSEMENT FOR PROJECT COSTS

4733

Appropriations made in Sections 24.02 to 24.56 of this act	4734
for purposes of the costs of capital facilities for the interim	4735
financing of which the particular institution has previously	4736
issued its own obligations anticipating the possibility of future	4737
state appropriations to pay all or a portion of such costs, as	4738
contemplated in division (B) of section 3345.12 of the Revised	4739
Code, shall be paid directly to the institution or the paying	4740
agent for those outstanding obligations in the full principal	4741
amount of those obligations then to be paid from the anticipated	4742
appropriation, and shall be timely applied to the retirement of a	4743
like principal amount of the institution's obligations.	4744

Appropriations made in Sections 24.02 to 24.56 of this act	4745
for purposes of the costs of capital facilities, all or a portion	4746
of which costs the particular institution has paid from the	4747
institution's moneys that were temporarily available and which	4748
payments were reasonably expected to be reimbursed from the	4749
proceeds of obligations issued by the state, shall be directly	4750
paid to the institution in the full amounts of those payments and	4751
shall be timely applied to the reimbursement of those temporarily	4752
available moneys.	4753

Reappropriations

Section 24.12.  UAK UNIVERSITY OF AKRON

4754

Reappropriations

Section 24.13.  BGU BOWLING GREEN STATE UNIVERSITY

4774

BASIC RENOVATIONS

4796

The amount reappropriated for the foregoing appropriation	4797
item CAP-009, Basic Renovations, shall be the sum of the	4798
unencumbered and unallotted balances as of June 30, 2002, in	4799
appropriation items CAP-009, Basic Renovations; CAP-054,	4800
University Hall Rehabilitation; CAP-055, Fine Arts Addition;	4801
CAP-056, Modify Continuing Education Offices; CAP-057, Roof	4802
Renovations; CAP-061, Bursar/Biology Labs/Library/Sewer; CAP-063,	4803
Eppler Rehabilitation; CAP-081, Large Lecture Hall Renovations;	4804
CAP-083, Central Heating Plant Replacement; CAP-084, Physical	4805
Sciences Chiller; CAP-086, Health Center - 2nd Floor Renovations;	4806
CAP-096, Campus-wide Paving - Phase II; CAP-097, Education	4807
Building HVAC Upgrades; CAP-098, Sciences Complex Cooling Tower;	4808
CAP-099, Technology Building Chiller; and CAP-107, Campus Lighting	4809
Project - Phase II, plus $2,070.	4810

BASIC RENOVATIONS - FIRELANDS

4811

The amount reappropriated for the foregoing appropriation	4812
item CAP-060, Basic Renovations - Firelands, is the sum of the	4813
unencumbered and unallotted balances as of June 30, 2002, in	4814
appropriation items CAP-060, Basic Renovations - Firelands;	4815
CAP-067, Energy Conservation Project - Firelands; and CAP-089, ADA	4816
Modifications - Firelands.	4817

Reappropriations

Section 24.14.  CSU CENTRAL STATE UNIVERSITY

4818

Reappropriations

Section 24.15.  UCN UNIVERSITY OF CINCINNATI

4841

NEW CLASSROOM/LAB BUILDING - CLERMONT

4902

The amount reappropriated for the foregoing appropriation	4903
item CAP-127, New Classroom/Lab Building - Clermont, is $21,215.	4904

SCIENCE/ALLIED HEALTH BUILDING - WALTERS

4905

The amount reappropriated for the foregoing appropriation	4906
item CAP-128, Science/Allied Health Building - Walters, is	4907
$77,947, plus the unencumbered and unallotted balance as of June	4908
30, 2002, in appropriation item CAP-128, Science/Allied Health	4909
Building - Walters.	4910

Reappropriations

Section 24.16.  CLS CLEVELAND STATE UNIVERSITY

4911

CLASSROOM UPGRADE

4942

The amount reappropriated for the foregoing appropriation	4943
item CAP-109, Classroom Upgrade, is $5,192 plus the unencumbered	4944
and unallotted balance as of June 30, 2002, in appropriation item	4945
CAP-109, Classroom Upgrade.	4946

LANDSCAPING/SIDEWALKS/STAIRS

4947

The amount reappropriated for the foregoing appropriation	4948
item CAP-117, Landscaping/Sidewalks/Stairs, is $12,621 plus the	4949
unencumbered and unallotted balance as of June 30, 2002, in	4950
appropriation item CAP-117, Landscaping/Sidewalks/Stairs.	4951

Reappropriations

Section 24.17.  KSU KENT STATE UNIVERSITY

4952

Reappropriations

Section 24.18.  MUN MIAMI UNIVERSITY

5021

BASIC RENOVATIONS

5068

The amount reappropriated for the foregoing appropriation	5069
item CAP-018, Basic Renovations, is the sum of the unencumbered	5070
and unallotted balances as of June 30, 2002, in appropriation	5071
items CAP-018, Basic Renovations, and CAP-084, Central Steam Plant	5072
Addition.	5073

BASIC RENOVATIONS - HAMILTON

5074

The amount reappropriated for the foregoing appropriation	5075
item CAP-066, Basic Renovations - Hamilton, is $22,712 plus the	5076
unencumbered and unallotted balance as of June 30, 2002, in	5077
appropriation item CAP-066, Basic Renovations - Hamilton.	5078

LAND RESTORATION - HAMILTON

5079

The amount reappropriated for the foregoing appropriation	5080
item CAP-064, Land Restoration - Hamilton, is the unencumbered and	5081
unallotted balance as of June 30, 2002, in appropriation item	5082
CAP-064, Land Restoration - Hamilton, minus $22,712.	5083

HOYT HALL REHABILITATION

5084

The amount reappropriated for the foregoing appropriation	5085
item CAP-088, Hoyt Hall Rehabilitation, is $3,693 plus the	5086
unencumbered and unallotted balance as of June 30, 2002, in	5087
appropriation item CAP-088, Hoyt Hall Rehabilitation.	5088

HIGH VOLTAGE ELECTRIC

5089

The amount reappropriated for the foregoing appropriation	5090
item CAP-089, High Voltage Electric, is $1,155 plus the	5091
unencumbered and unallotted balance as of June 30, 2002, in	5092
appropriation item CAP-089, High Voltage Electric.	5093

ROUDEBUSH HALL REHABILITATION

5094

The amount reappropriated for the foregoing appropriation	5095
item CAP-111, Roudebush Hall Rehabilitation, is $161,556 plus the	5096
unencumbered and unallotted balance as of June 20, 2002, in	5097
appropriation item CAP-111, Roudebush Hall Rehabilitation.	5098

CHILLED WATER LOOP - HAMILTON

5099

The amount reappropriated for the foregoing appropriation	5100
item CAP-112, Chilled Water Loop Phase I - Hamilton, is $507,029	5101
plus the unencumbered and unallotted balance as of June 30, 2002,	5102
in appropriation item CAP-112, Chilled Water Loop - Hamilton.	5103

CHILLED WATER LOOP - MIDDLETOWN

5104

The amount reappropriated for the foregoing appropriation	5105
item CAP-114, Chilled Water Loop Phase I - Middletown, is the	5106
unencumbered and unallotted balance as of June 30, 2002, in	5107
appropriation item CAP-114, Chilled Water Loop - Middletown, minus	5108
$501,381.	5109

Reappropriations

Section 24.19. OSU OHIO STATE UNIVERSITY

5110

BASIC RENOVATIONS

5305

The amount reappropriated for the foregoing appropriation	5306
item CAP-074, Basic Renovations, is $370,480 plus the unencumbered	5307
and unallotted balance as of June 30, 2002, in appropriation item	5308
CAP-074, Basic Renovations.	5309

EVANS LAB ADDITION

5310

The amount reappropriated for the foregoing appropriation	5311
item CAP-216, Evans Lab Addition, is $14,195 plus the unencumbered	5312
and unallotted balance as of June 30, 2002, in appropriation item	5313
CAP-216, Evans Lab Addition.	5314

HORTICULTURE/ENTOMOLOGY GREENHOUSE - OARDC

5315

The amount reappropriated for the foregoing appropriation	5316
item CAP-271, Horticulture/Entomology Greenhouse - OARDC, is	5317
$1,860 plus the unencumbered and unalloted balance as of June 30,	5318
2002, in appropriation item CAP-271, Horticulture/Entomology	5319
Greenhouse - OARDC.	5320

CENTER FOR AUTOMOTIVE RESEARCH

5321

The amount reappropriated for the foregoing appropriation	5322
item CAP-334, Center for Automotive Research, is $2,340 plus the	5323
unencumbered and unallotted balance as of June 30, 2002, in	5324
appropriation item CAP-334, Center or Automotive Research.	5325

MAINTENANCE, RECEIVING, AND STORAGE FACILITY - MARION

5326

The amount reappropriated for the foregoing appropriation	5327
item CAP-361, Maintenance, Receiving, and Storage Facility -	5328
Marion, is $9,951 plus the unencumbered and unalloted balance as	5329
of June 30, 2002, in appropriation item CAP-361, Maintenance,	5330
Receiving, Storage - Marion.	5331

CAMPUS GROUNDS LIGHTS

5332

The amount reappropriated for the foregoing appropriation	5333
item CAP-411, Campus Grounds-Lights Phase 4, is $280 plus the	5334
unencumbered and unallotted balance as of June 30, 2002, in	5335
appropriation item CAP-411, Campus Grounds Lights.	5336

OCARNET

5337

The amount reappropriated for the foregoing appropriation	5338
item CAP-421, OCARNET, is $4,104 plus the unencumbered and	5339
unallotted balance as of June 30, 2002, in appropriation item	5340
CAP-421, OCARNET.	5341

BIOPROCESSING RESEARCH

5342

The amount reappropriated for the foregoing appropriation	5343
item CAP-422, Bioprocessing Research, is $13,677 plus the	5344
unencumbered and unallotted balance as of June 30, 2002, in	5345
appropriation item CAP-422, Bioprocessing Research.	5346

CAPITAL EQUIPMENT - OARDC

5347

The amount reappropriated for the foregoing appropriation	5348
item CAP-428, Capital Equipment - OARDC, is $2,725 plus the	5349
unencumbered and unalloted balance as of June 30, 2002, in	5350
appropriation item CAP-428, Capital Equipment - OARDC.	5351

CAMPUS GROUNDS EXTERIOR LIGHTING

5352

The amount reappropriated for the foregoing appropriation	5353
item CAP-450, Campus Grounds Exterior Lighting, Phase 5, is $1,700	5354
plus the unencumbered and unallotted balance as of June 30, 2002,	5355
in appropriation item CAP-450, Campus Grounds Exterior Lighting.	5356

FONTANA LAB - CHILLER REPLACEMENT

5357

The amount reappropriated for the foregoing appropriation	5358
item CAP-504, Fontana Lab - Chiller Replacement, is $5,981 plus	5359
the unencumbered and unallotted balance as of June 30, 2002, in	5360
appropriation item CAP-504, Fontana Lab - Chiller Replacement.	5361

SUPERCOMPUTER CENTER EXPANSION

5362

The amount reappropriated for the foregoing appropriation	5363
item CAP-590, Supercomputer Center Expansion, is $508,599 plus the	5364
unencumbered and unalloted balance as of June 30, 2002, in	5365
appropriation item CAP-590, Supercomputer Center Expansion.	5366

Reappropriations

5367

Section 24.20. OHU OHIO UNIVERSITY

5368

BASIC RENOVATIONS

5418

The amount reappropriated for the foregoing appropriation	5419
item CAP-020, Basic Renovations, is $22,905 plus the unencumbered	5420
and unallotted balance as of June 30, 2002, in appropriation item	5421
CAP-020, Basic Renovations.	5422

MEMORIAL AUDITORIUM REHABILITATION

5423

The amount reappropriated for the foregoing appropriation	5424
item CAP-086, Memorial Auditorium Rehabilitation, is $3,977 plus	5425
the unencumbered and unallotted balance as of June 30, 2002, in	5426
appropriation item CAP-086, Memorial Auditorium Rehabilitation.	5427

BASIC RENOVATIONS - LANCASTER

5428

The amount reappropriated for the foregoing appropriation	5429
item CAP-098, Basic Renovations - Lancaster, is $280 plus the	5430
unencumbered and unallotted balance as of June 30, 2002, in	5431
appropriation item CAP-098, Basic Renovations - Lancaster.	5432

BASIC RENOVATIONS - ZANESVILLE

5433

The amount reappropriated for the foregoing appropriation	5434
item CAP-099, Basic Renovations - Zanesville, is $1,013 plus the	5435
unencumbered and unallotted balance as of June 30, 2002, in	5436
appropriation item CAP-099, Basic Renovations - Zanesville.	5437

RIDGES AUDITORIUM REHABILITATION

5438

The amount reappropriated for the foregoing appropriation	5439
item CAP-120, Ridges Auditorium Rehabilitation, is $474 plus the	5440
unencumbered and unallotted balance as of June 30, 2002, in	5441
appropriation item CAP-120, Ridges Auditorium Rehabilitation.	5442

GYMNASIUM DEVELOPMENT - EASTERN

5443

The amount reappropriated for the foregoing appropriation	5444
item CAP-136, Gymnasium Development - Eastern, is $1,267 plus the	5445
unencumbered and unallotted balance as of June 30, 2002, in	5446
appropriation item CAP-136, Gymnasium Development - Eastern.	5447

HEALTH PROFESSIONS LABS - PHASE I

5448

The amount reappropriated for the foregoing appropriation	5449
item CAP-142, Health Professions Labs Phase I, is $22,115 plus the	5450
unencumbered and unallotted balance as of June 30, 2002, in	5451
appropriation item CAP-142, Health Professions Labs.	5452

BRASEE HALL REHABILITATION - LANCASTER

5453

The amount reappropriated for the foregoing appropriation	5454
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is $1,000	5455
plus the unencumbered and unallotted balance as of June 30, 2002,	5456
in appropriation item CAP-155, Brasee Hall Rehabilitation -	5457
Lancaster.	5458

CENTRAL CLASSROOM BUILDING

5459

The amount reappropriated for the foregoing appropriation	5460
item CAP-183, Central Classroom Building, is $7,414 plus the	5461
unencumbered and unallotted balance as of June 30, 2002, in	5462
appropriation item CAP-183, Central Classroom Building.	5463

UTILITIES TO SCRIPPS HALL

5464

The amount reappropriated for the foregoing appropriation	5465
item CAP-184, Utilities to Scripps Hall, is $211 plus the	5466
unencumbered and unallotted balance as of June 30, 2002, in	5467
appropriation item CAP-184, Utilities to Scripps Hall.	5468

ELLIS HALL PARTIAL RENOVATION

5469

The amount reappropriated for the foregoing appropriation	5470
item CAP-186, Ellis Hall Partial Renovation, is $17,181 plus the	5471
unencumbered and unallotted balance as of June 30, 2002, in	5472
appropriation item CAP-186, Ellis Hall Partial Renovation.	5473

Reappropriations

Section 24.21. SSC SHAWNEE STATE UNIVERSITY

5474

Reappropriations

Section 24.22. UTO UNIVERSITY OF TOLEDO

5493

Reappropriations

Section 24.23. WSU WRIGHT STATE UNIVERSITY

5520

BASIC RENOVATIONS

5542

The amount reappropriated for the foregoing appropriation	5543
item CAP-015, Basic Renovations, is $33,910 plus the unencumbered	5544
and unallotted balance as of June 30, 2002, in appropriation item	5545
CAP-015, Basic Renovations.	5546

LIBRARY ACCESS CONSOLIDATION SYSTEM

5547

The amount reappropriated for the foregoing appropriation	5548
item CAP-080, Library Access Consolidation System, is $2,911 plus	5549
the unencumbered and unallotted balance as of June 30, 2002, in	5550
appropriation item CAP-080, Library Access Consolidation System.	5551

Reappropriations

Section 24.24. YSU YOUNGSTOWN STATE UNIVERSITY

5552

BLISS HALL REHABILITATING

5572

The amount reappropriated for the foregoing appropriation	5573
item CAP-040, Bliss Hall Rehabilitation - Final Phase, is the sum	5574
of the unencumbered and unallotted balances as of June 30, 2002,	5575
in appropriation items CAP-040, Bliss Hall Rehabilitation, and	5576
CAP-115, Fedor Hall Rehabilitation.	5577

CAMPUS DEVELOPMENT

5578

The amount reappropriated for the foregoing appropriation	5579
item CAP-113, Campus Development, is the sum of the unencumbered	5580
and unallotted balances as of June 30, 2002, in appropriation	5581
items CAP-113, Campus Development, and CAP-027, Property	5582
Acquisitions/Street Closures.	5583

Reappropriations

Section 24.25. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	5584
MEDICINE	5585

Reappropriations

Section 24.26. MCO MEDICAL COLLEGE OF OHIO

5597

Reappropriations

Section 24.27. CWR UNIVERSITY HOSPITALS, CASE WESTERN RESERVE	5609
UNIVERSITY	5610

Reappropriations

Section 24.28. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	5627
COLLEGE	5628

Reappropriations

Section 24.29. CLT CLARK STATE COMMUNITY COLLEGE

5642

Reappropriations

Section 24.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

5648

Reappropriations

Section 24.31. CCC CUYAHOGA COMMUNITY COLLEGE

5658

BASIC RENOVATIONS

5672

The amont reappropriated for the foregoing appropriation item	5673
CAP-031, Basic Renovations, is the sum of the unencumbered and	5674
unallotted balances as of June 30, 2002, in appropriation items	5675
CAP-031, Basic Renovations; CAP-028, Adult Technical Education	5676
Facility; CAP-049, Exterior Building Renovations - Metro/East;	5677
CAP-052, S & T Asbestos Abatement - Metro; CAP-054, Ceiling	5678
Renovation/Damper Replacement - West; CAP-059, Electric	5679
Switchgear/Transformer - Metro; CAP-065, Exterior Lighting/Site	5680
Improvement - Eastern; CAP-067, Plant Ops/Vehicle Maint/Storage -	5681
Phase I; and CAP-072, Exterior Lighting Enhancements.	5682

Reappropriations

Section 24.32. ESC EDISON STATE COMMUNITY COLLEGE

5683

Reappropriations

Section 24.33. JTC JEFFERSON COMMUNITY COLLEGE

5692

Reappropriations

Section 24.34. LCC LAKELAND COMMUNITY COLLEGE

5703

Reappropriations

Section 24.35. LOR LORAIN COMMUNITY COLLEGE

5712

Reappropriations

Section 24.36. NTC NORTHWEST STATE COMMUNITY COLLEGE

5716

Reappropriations

Section 24.37. OTC OWENS COMMUNITY COLLEGE

5724

Reappropriations

Section 24.38. RGC RIO GRANDE COMMUNITY COLLEGE

5731

Reappropriations

Section 24.39. SCC SINCLAIR COMMUNITY COLLEGE

5738

Reappropriations

Section 24.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

5746

Reappropriations

Section 24.41. TTC TERRA STATE COMMUNITY COLLEGE

5752

Reappropriations

Section 24.42. WTC WASHINGTON STATE COMMUNITY COLLEGE

5757

Reappropriations

Section 24.43. BTC BELMONT TECHNICAL COLLEGE

5764

Reappropriations

Section 24.44. COT CENTRAL OHIO TECHNICAL COLLEGE

5770

Reappropriations

Section 24.45. HTC HOCKING TECHNICAL COLLEGE

5774

Reappropriations

Section 24.46. LTC LIMA TECHNICAL COLLEGE

5782

Reappropriations

Section 24.47. MAT MUSKINGUM AREA TECHNICAL COLLEGE

5791

BASIC RENOVATIONS

5795

The amount reappropriated for the foregoing appropriation	5796
item CAP-007, Basic Renovations, is $4,780 plus the unencumbered	5797
and unallotted balance as of June 30, 2002, in appropriation item	5798
CAP-007, Basic Renovations.	5799

Reappropriations

Section 24.48. MTC MARION TECHNICAL COLLEGE

5800

Reappropriations

Section 24.49. NCC NORTH CENTRAL TECHNICAL COLLEGE

5804

FALLERIUS CENTER REHABILITATION

5812

The amount reappropriated for the foregoing appropriation	5813
item CAP-018, Fallerius Center Rehabilitation, is $95,000 plus the	5814
unencumbered and unallotted balance as of June 30, 2002, in	5815
appropriation item CAP-018, Fallerius Center Rehabilitation.	5816

Reappropriations

Section 24.50. STC STARK TECHNICAL COLLEGE

5817

Section 24.51. The foregoing capital improvements for which	5827
appropriations are made from the Higher Education Improvement Fund	5828
(Fund 034) are determined to be capital improvements and capital	5829
facilities for state-supported or state-assisted institutions of	5830
higher education and are designated as the capital facilities to	5831
which proceeds of obligations in the Higher Education Improvement	5832
Fund, created by section 154.21 of the Revised Code, are to be	5833
applied.	5834

Section 24.52. For all of the foregoing appropriation items	5835
from the Higher Education Improvement Fund (Fund 034) that require	5836
local funds to be contributed by any state-supported or	5837
state-assisted institution of higher education, the Board of	5838
Regents shall not recommend that any funds be released until the	5839
recipient institution demonstrates to the Board of Regents and the	5840
Office of Budget and Management that the local funds contribution	5841
requirement has been secured or satisfied. The local funds shall	5842
be in addition to the foregoing appropriations.	5843

Section 24.53. None of the foregoing capital improvements	5844
appropriations for state-supported or state-assisted institutions	5845
of higher education shall be expended until the particular	5846
appropriation has been recommended for release by the Board of	5847
Regents and released by the Director of Budget and Management or	5848
the Controlling Board. Either the institution concerned, or the	5849
Board of Regents with the concurrence of the institution	5850
concerned, may initiate the request to the Director of Budget and	5851
Management or the Controlling Board for the release of the	5852
particular appropriations.	5853

Section 24.54. (A) No capital improvement appropriations made	5854
in Sections 24.02 to 24.56 of this act shall be released for	5855
planning or for improvement, renovation, construction, or	5856
acquisition of capital facilities if the institution of higher	5857
education or the state does not own the real property on which the	5858
capital facilities are or will be located. This restriction does	5859
not apply in any of the following circumstances:	5860

(1) The institution has a long-term (at least fifteen years)	5861
lease of, or other interest (such as an easement) in, the real	5862
property.	5863

(2) The Board of Regents certifies to the Controlling Board	5864
that undue delay will occur if planning does not proceed while the	5865
property or property interest acquisition process continues. In	5866
this case, funds may be released upon approval of the Controlling	5867
Board to pay for planning through the development of schematic	5868
drawings only.	5869

(3) In the case of an appropriation for capital facilities	5870
that, because of their unique nature or location, will be owned or	5871
will be part of facilities owned by a separate nonprofit	5872
organization or public body and will be made available to the	5873
institution of higher education for its use, the nonprofit	5874
organization or public body either owns or has a long-term (at	5875
least fifteen years) lease of the real property or other capital	5876
facility to be improved, renovated, constructed, or acquired and	5877
has entered into a joint or cooperative use agreement, approved by	5878
the Board of Regents, with the institution of higher education	5879
that meets the requirements of division (C) of this section.	5880

(B) Any foregoing appropriations which require cooperation	5881
between a technical college and a branch campus of a university	5882
may be released by the Controlling Board upon recommendation by	5883
the Board of Regents that the facilities proposed by the	5884
institutions are:	5885

(1) The result of a joint planning effort by the university	5886
and the technical college, satisfactory to the Board of Regents;	5887

(2) Facilities that will meet the needs of the region in	5888
terms of technical and general education, taking into	5889
consideration the totality of facilities which will be available	5890
after the completion of these projects;	5891

(3) Planned to permit maximum joint use by the university and	5892
technical college of the totality of facilities which will be	5893
available upon their completion;	5894

(4) To be located on or adjacent to the branch campus of the	5895
university.	5896

(C) The Board of Regents shall adopt rules regarding the	5897
release of moneys from all the foregoing appropriations for	5898
capital facilities for all state-supported or state-assisted	5899
institutions of higher education. In the case of capital	5900
facilities referred to in division (A)(3) of this section, the	5901
joint or cooperative use agreements shall include, as a minimum,	5902
provisions that:	5903

(1) Specify the extent and nature of that joint or	5904
cooperative use, extending for not fewer than fifteen years, with	5905
the value of such use or right to use to be, as determined by the	5906
parties and approved by the Board of Regents, reasonably related	5907
to the amount of the appropriations;	5908

(2) Provide for pro rata reimbursement to the state should	5909
the arrangement for joint or cooperative use be terminated;	5910

(3) Provide that procedures to be followed during the capital	5911
improvement process will comply with appropriate applicable state	5912
laws and rules, including provisions of this act;	5913

(4) Provide for payment or reimbursement to the institution	5914
of its administrative costs incurred as a result of the facilities	5915
project, not to exceed 1.5 per cent of the appropriated amount.	5916

(D) Upon the recommendation of the Board of Regents, the	5917
Controlling Board may approve the transfer of appropriations for	5918
projects requiring cooperation between institutions from one	5919
institution to another institution, with the approval of both	5920
institutions.	5921

(E) Notwithstanding section 127.14 of the Revised Code, the	5922
Controlling Board, upon the recommendation of the Board of	5923
Regents, may transfer amounts appropriated to the Board of Regents	5924
to accounts of state-supported or state-assisted institutions	5925
created for that same purpose.	5926

Section 24.55. The requirements of Chapters 123. and 153. of	5927
the Revised Code, with respect to the powers and duties of the	5928
Director of Administrative Services in the procedure for and award	5929
of contracts for capital improvement projects, and the	5930
requirements of section 127.16 of the Revised Code, with respect	5931
to the Controlling Board, do not apply to projects of community	5932
college districts and technical college districts.	5933

Section 24.56. Those institutions locally administering	5934
capital improvement projects pursuant to section 3345.50 of the	5935
Revised Code may:	5936

(A) Establish charges for recovering costs directly related	5937
to project administration as defined by the Director of	5938
Administrative Services. The Department of Administrative	5939
Services shall review and approve these administrative charges	5940
when such charges are in excess of 1.5 per cent of the total	5941
construction budget.	5942

(B) Seek reimbursement from state capital appropriations to	5943
the institution for the in-house design services performed by the	5944
institution for such capital projects. Acceptable charges shall	5945
be limited to design document preparation work that is done by the	5946
institution. These reimbursable design costs shall be shown as	5947
"A/E fees" within the project's budget that is submitted to the	5948
Controlling Board or the Director of Budget and Management as part	5949
of a request for release of funds. The reimbursement for in-house	5950
design may not exceed seven per cent of the estimated construction	5951
cost.	5952

Section 25.  All items set forth in this section are hereby	5953
appropriated out of any moneys in the state treasury to the credit	5954
of the Parks and Recreation Improvement Fund (Fund 035) and	5955
derived from the proceeds of obligations heretofore authorized to	5956
pay costs of capital facilities, as defined in section 154.01 of	5957
the Revised Code, for parks and recreation.	5958

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5959

LOCAL PARKS PROJECTS

5998

The following projects shall be funded from the foregoing	5999
reappropriation item CAP-748, Local Parks Projects: $500,000 for	6000
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	6001
Park Improvements; $12,500 for Big Prairie/Lakeville Park	6002
Improvements; $25,000 for Holmes County Park Improvements; $25,000	6003
for Stockport Village Park Improvements; $50,000 for Silver Park	6004
Improvements, $6,500 for Crossroads Park Improvements; $38,000 for	6005
Wauseon Park Land Acquisition; $150,000 for Black Swamp Land	6006
Acquisition; $75,000 for the Walbridge Parks Improvements; and	6007
$100,000 by the West Creek Preservation Committee for a West Creek	6008
Watershed Project.	6009

SCIOTO RIVERFRONT IMPROVEMENTS

6010

Of the foregoing reappropriation item CAP-787, Scioto	6011
Riverfront Improvements, $7,750,000 shall be used for Spring and	6012
Long Park.	6013

STATEWIDE TRAILS PROGRAM

6014

Of the foregoing reappropriation item CAP-876, Statewide	6015
Trails Program, $50,000 shall be used for the Lake to River	6016
Greenway Bike Path in Trumbull County.	6017

FEDERAL REIMBURSEMENT

6018

All reimbursements received from the federal government for	6019
any expenditures made pursuant to this section shall be deposited	6020
in the state treasury to the credit of the Parks and Recreation	6021
Improvement Fund.	6022

Section 25.01. The foregoing capital improvements for which	6023
appropriations are made from the Parks and Recreation Improvement	6024
Fund (Fund 035) are determined to be capital improvements and	6025
capital facilities for parks and recreation and are designated as	6026
the capital facilities to which proceeds of obligations in the	6027
Parks and Recreation Improvement Fund, created by section 154.22	6028
of the Revised Code, are to be applied.	6029

Section 25.02. (A) No capital improvement appropriations made	6030
in Section 25 of this act shall be released for planning or for	6031
improvement, renovation, construction, or acquisition of capital	6032
facilities if a governmental agency, as defined in section 154.01	6033
of the Revised Code, does not own the real property that	6034
constitutes the capital facilities or on which the capital	6035
facilities are or will be located. This restriction does not apply	6036
in any of the following circumstances:	6037

(1) The governmental agency has a long-term (at least fifteen	6038
years) lease of, or other interest (such as an easement) in, the	6039
real property.	6040

(2) In the case of an appropriation for capital facilities	6041
for parks and recreation that, because of their unique nature or	6042
location, will be owned or be part of facilities owned by a	6043
separate nonprofit organization and made available to the	6044
governmental agency for its use or operated by the nonprofit	6045
organization under contract with the governmental agency, the	6046
nonprofit organization either owns or has a long-term (at least	6047
fifteen years) lease of the real property or other capital	6048
facility to be improved, renovated, constructed, or acquired and	6049
has entered into a joint or cooperative use agreement, approved by	6050
the Department of Natural Resources, with the governmental agency	6051
for that agency's use of and right to use the capital facilities	6052
to be financed and, if applicable, improved, the value of such use	6053
or right to use being, as determined by the parties, reasonably	6054
related to the amount of the appropriation.	6055

(B) In the case of capital facilities referred to in division	6056
(A)(2) of this section, the joint or cooperative use agreement	6057
shall include, as a minimum, provisions that:	6058

(1) Specify the extent and nature of that joint or	6059
cooperative use, extending for not fewer than fifteen years, with	6060
the value of such use or right to use to be, as determined by the	6061
parties and approved by the applicable department, reasonably	6062
related to the amount of the appropriation;	6063

(2) Provide for pro rata reimbursement to the state should	6064
the arrangement for joint or cooperative use by a governmental	6065
agency be terminated; and	6066

(3) Provide that procedures to be followed during the capital	6067
improvement process will comply with appropriate applicable state	6068
laws and rules, including provisions of this act.	6069

Section 26. All items set forth in this section are hereby	6070
appropriated out of any moneys in the state treasury to the credit	6071
of the State Capital Improvements Fund (Fund 038) and derived from	6072
the proceeds of obligations heretofore authorized to pay costs of	6073
capital facilities, as defined in sections 151.01 and 151.08 of	6074
the Revised Code, for local infrastructure purposes.	6075

Reappropriations

PWC PUBLIC WORKS COMMISSION

6076

Ohio Small Government Capital Improvement Commission

6077

The appropriations in this section shall be used in	6103
accordance with sections 164.01 to 164.12 of the Revised Code. All	6104
expenditures made from these appropriations shall be approved by	6105
the Director of the Public Works Commission. The Director of the	6106
Public Works Commission shall not allocate funds in amounts	6107
greater than those amounts appropriated by the General Assembly.	6108

Section 27.  All items set forth in this section are hereby	6109
appropriated out of any moneys in the state treasury to the credit	6110
of the State Capital Improvements Revolving Loan Fund (Fund 040)	6111
and derived from repayments of loans made to local subdivisions	6112
for capital improvements, investment earnings on moneys in the	6113
fund, and moneys obtained from federal or private grants or from	6114
other sources for the purpose of making loans for the purpose of	6115
financing or assisting in the financing of the cost of capital	6116
improvement projects of local subdivisions.	6117

Reappropriations

PWC PUBLIC WORKS COMMISSION

6118

The appropriations in this section shall be used in	6144
accordance with sections 164.01 to 164.12 of the Revised Code. All	6145
expenditures made from these appropriations shall be approved by	6146
the Director of the Public Works Commission. The Director of the	6147
Public Works Commission shall not allocate funds in amounts	6148
greater than those amounts appropriated by the General Assembly.	6149

Section 28.  All items set forth in this section are hereby	6150
appropriated out of any moneys in the state treasury to the credit	6151
of the Clean Ohio Conservation Fund (Fund 056) and derived from	6152
the proceeds of obligations heretofore authorized to pay the costs	6153
of capital facilities or projects, as defined in sections 151.01	6154
and 151.09 of the Revised Code, for conservation purposes:	6155

Reappropriations

PWC PUBLIC WORKS COMMISSION

6156

Section 29. All items set forth in this section are hereby	6161
appropriated out of any moneys in the state treasury to the credit	6162
of the Clean Ohio Agricultural Easement Fund (Fund 057) and	6163
derived from the proceeds of obligations heretofore authorized to	6164
pay the costs of capital facilities or projects, as defined in	6165
sections 151.01 and 151.09 of the Revised Code, for conservation	6166
purposes:	6167

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

6168

AGRICULTURAL EASEMENT PURCHASE

6172

The foregoing appropriation item CAP-047, Clean Ohio	6173
Agricultural Easement Fund, shall be used in accordance with	6174
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	6175
Code.	6176

Section 30. All items set forth in this section are hereby	6177
appropriated out of any moneys in the state treasury to the credit	6178
of the Clean Ohio Trail Fund (Fund 061) and derived from the	6179
proceeds of obligations heretofore authorized to pay the costs of	6180
capital facilities or projects, as defined in sections 151.01 and	6181
151.09 of the Revised Code, for conservation purposes:	6182

DNR DEPARTMENT OF NATURAL RESOURCES	6183

Reappropriations

Section 31. All items set forth in this section are hereby	6188
appropriated out of any moneys in the state treasury to the credit	6189
of the Administrative Building Fund (Fund 026) and derived from	6190
the proceeds of obligations heretofore authorized to pay the costs	6191
of capital facilities, as defined in section 152.09 of the Revised	6192
Code, for the following capital improvements:	6193

Appropriations

OVH VETERANS' HOME	6194

Section 32. All items set forth in this section are hereby	6198
appropriated out of any moneys in the state treasury to the credit	6199
of the State Capital Improvements Fund (Fund 038) and derived from	6200
the proceeds of obligations heretofore and herein authorized to	6201
pay costs of capital facilities as defined in sections 151.01 and	6202
151.08 of the Revised Code for local infrastructure purposes.	6203

Appropriations

PWC PUBLIC WORKS COMMISSION

6204

The foregoing appropriation item CAP-150, Local Public	6208
Infrastructure, shall be used in accordance with sections 164.01	6209
to 164.12 of the Revised Code. The Director of the Public Works	6210
Commission may certify to the Director of Budget and Management	6211
that a need exists to appropriate investment earnings to be used	6212
in accordance with sections 164.01 to 164.12 of the Revised Code.	6213
If the Director of Budget and Management determines pursuant to	6214
division (D) of section 164.08 and section 164.12 of the Revised	6215
Code that investment earnings are available to support additional	6216
appropriations, such amounts are hereby appropriated.	6217

Section 33.  The Treasurer of State is hereby authorized	6218
pursuant to section 164.09 of the Revised Code to issue and sell,	6219
in accordance with Section 2m of Article VIII, Ohio Constitution,	6220
and sections 164.01 to 164.12 of the Revised Code, original	6221
obligations of the State of Ohio, in an aggregate principal amount	6222
not to exceed $240,000,000, in addition to the original	6223
obligations heretofore authorized by prior acts of the General	6224
Assembly. These authorized obligations shall be issued and sold	6225
from time to time and in amounts necessary to ensure sufficient	6226
moneys to the credit of the State Capital Improvements Fund (Fund	6227
038) to pay costs charged to that fund, as estimated by the	6228
Director of Budget and Management.	6229

Section 34.  All items set forth in this section are hereby	6230
appropriated out of any moneys in the state treasury to the credit	6231
of the State Capital Improvements Revolving Loan Fund (Fund 040).	6232
Revenues to the State Capital Improvements Revolving Loan Fund	6233
shall consist of all repayments of loans made to local	6234
subdivisions for capital improvements, investment earnings on	6235
moneys in the fund, and moneys obtained from federal or private	6236
grants or from other sources for the purpose of making loans for	6237
the purpose of financing or assisting in the financing of the cost	6238
of capital improvement projects of local subdivisions.	6239

PWC PUBLIC WORKS COMMISSION

6240

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	6245
shall be used in accordance with sections 164.01 to 164.12 of the	6246
Revised Code.	6247

Section 35. CERTIFICATION OF AVAILABILITY OF MONEYS

6248

No moneys that require release shall be expended from any	6249
appropriation contained in this act without certification of the	6250
Director of Budget and Management that there are sufficient moneys	6251
in the state treasury in the fund from which the appropriation is	6252
made. Such certification made by the Office of Budget and	6253
Management shall be based on estimates of revenue, receipts, and	6254
expenses. Nothing herein shall be construed as a limitation on	6255
the authority of the Director of Budget and Management as granted	6256
in section 126.07 of the Revised Code.	6257

Section 36.  The appropriations made in this act, excluding	6258
those made to the State Capital Improvement Fund (Fund 038) and	6259
the State Capital Improvements Revolving Loan Fund (Fund 040) for	6260
buildings or structures, including remodeling and renovations, are	6261
limited to:	6262

(A) Acquisition of real property or interest in real	6263
property;	6264

(B) Buildings and structures, which includes construction,	6265
demolition, complete heating, lighting, and lighting fixtures, and	6266
all necessary utilities, ventilating, plumbing, sprinkling, and	6267
sewer systems, when such systems are authorized or necessary;	6268

(C) Architectural, engineering, and professional services	6269
expenses directly related to the projects;	6270

(D) Machinery that is a part of structures at the time of	6271
initial acquisition or construction;	6272

(E) Acquisition, development, and deployment of new computer	6273
systems, including the redevelopment or integration of existing	6274
and new computer systems, but excluding regular or ongoing	6275
maintenance or support agreements;	6276

(F) Equipment that meets all the following criteria:

6277

(1) The equipment is essential in bringing the facility up	6278
to its intended use.	6279

(2) The unit cost of the equipment, and not the individual	6280
parts of a unit, is about $100 or more.	6281

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

6282

(4) The equipment is necessary for the functioning of a	6283
particular facility.	6284

(5) The equipment will be used primarily in the rooms or	6285
areas covered in the project.	6286

No equipment shall be paid for from these appropriations that	6287
is not an integral part of or directly related to the basic	6288
purpose or function of a project for which moneys are	6289
appropriated.	6290

Section 37.  Any request for release of capital	6291
appropriations by the Director of Budget and Management or the	6292
Controlling Board of capital appropriations for projects, the	6293
contracts for which are awarded by the Department of	6294
Administrative Services, shall contain a contingency reserve, the	6295
amount of which shall be determined by the Department of	6296
Administrative Services, for payment of unanticipated project	6297
expenses. Any amount deducted from the encumbrance for a	6298
contractor's contract as an assessment for liquidated damages	6299
shall be added to the encumbrance for the contingency reserve.	6300
Contingency reserve funds shall be used to pay costs resulting	6301
from unanticipated job conditions, to comply with rulings	6302
regarding building and other codes, to pay costs related to errors	6303
or omissions in contract documents, to pay costs associated with	6304
changes in the scope of work, and to pay the cost of settlements	6305
and judgments related to the project.	6306

Upon completion of a project, should any funds remain, such	6307
remaining funds may, upon approval of the Controlling Board, be	6308
released for the use of the institution to which the appropriation	6309
was made for another capital facilities project or projects.	6310

Section 38. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	6311
PROJECTS	6312

Notwithstanding sections 123.01 and 123.15 of the Revised	6313
Code, the Director of Administrative Services may authorize the	6314
Departments of Mental Health, Mental Retardation and Developmental	6315
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	6316
Jobs and Family Services, Rehabilitation and Correction, Youth	6317
Services, Public Safety, and Transportation, the Ohio Veterans'	6318
Home, and the Rehabilitation Services Commission to administer any	6319
capital facilities projects when the estimated cost, including	6320
design fees, construction, equipment, and contingency amounts, is	6321
less than $1,500,000. Requests for authorization to administer	6322
capital facilities projects shall be made in writing to the	6323
Director of Administrative Services by the respective state agency	6324
within sixty days after the effective date of the act in which the	6325
General Assembly initially makes an appropriation for the project.	6326

The director of a state agency authorized by the Director of	6327
Administrative Services to administer capital facilities projects	6328
pursuant to this section shall comply with the procedures and	6329
guidelines established in Chapter 153. of the Revised Code. Upon	6330
the release of funds for such projects by the Controlling Board or	6331
the Director of Budget and Management, the agency may administer	6332
the capital project without the supervision, control, or approval	6333
of the Director of Administrative Services.	6334

Section 39. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	6335
THE STATE	6336

Except as otherwise provided in this section, an	6337
appropriation contained in this act or any other act may be used	6338
for the purpose of satisfying judgments, settlements, or	6339
administrative awards ordered or approved by the Court of Claims	6340
or by any other court of competent jurisdiction in connection with	6341
civil actions against the state. This authorization shall not	6342
apply to appropriations to be applied to or used for payment of	6343
guarantees by or on behalf of the state or for payments under	6344
lease agreements relating to or debt service on bonds, notes, or	6345
other obligations of the state. Notwithstanding any other section	6346
of law to the contrary, this authorization includes appropriations	6347
from funds into which proceeds or direct obligations of the state	6348
are deposited only to the extent that the judgment, settlement, or	6349
administrative award is for or represents capital costs for which	6350
the appropriation may otherwise be used and is consistent with the	6351
purpose for which any related bonds were issued. Nothing contained	6352
in this section is intended to subject the state to suit in any	6353
forum in which it is not otherwise subject to suit, or is it	6354
intended to waive or compromise any defense or right available to	6355
the state in any suit against it.	6356

Section 40. Notwithstanding section 126.14 of the Revised	6357
Code, appropriations for appropriation items CAP-002, Local Jails,	6358
and CAP-003, Community-Based Correctional Facilities, appropriated	6359
from the Adult Correctional Building Fund (Fund 027) to the	6360
Department of Rehabilitation and Correction shall be released upon	6361
the written approval of the Director of Budget and Management. The	6362
appropriations from the Public School Building Fund (Fund 021),	6363
the Education Facilities Trust Fund (Fund N87), and the School	6364
Building Program Assistance Fund (Fund 032) to the School	6365
Facilities Commission, from the Transportation Building Fund	6366
(Fund 029) to the Department of Transportation, from the Clean	6367
Ohio Conservation Fund (Fund 056) to the Public Works Commission,	6368
and appropriations from the State Capital Improvement Fund (Fund	6369
038) and the State Capital Improvements Revolving Loan Fund (Fund	6370
040) to the Public Works Commission shall be released upon	6371
presentation of a request to release the funds, by the agency to	6372
which the appropriation has been made, to the Director of Budget	6373
and Management.	6374

Section 41.  Except as provided in section 4115.04 of the	6375
Revised Code, no moneys appropriated or reappropriated by the	6376
124th General Assembly shall be used for the construction of	6377
public improvements, as defined in section 4115.03 of the Revised	6378
Code, unless the mechanics, laborers, or workers engaged therein	6379
are paid the prevailing rate of wages as prescribed in section	6380
4115.04 of the Revised Code. Nothing in this section shall affect	6381
the wages and salaries established for state employees under the	6382
provisions of Chapter 124. of the Revised Code, or collective	6383
bargaining agreements entered into by the state pursuant to	6384
Chapter 4117. of the Revised Code, while engaged on force account	6385
work, nor shall this section interfere with the use of inmate and	6386
patient labor by the state.	6387

Section 42. CAPITAL FACILITIES LEASES

6388

Capital facilities for which appropriations are made from the	6389
Administrative Building Fund (Fund 026), the Adult Correctional	6390
Building Fund (Fund 027), the Juvenile Correctional Building Fund	6391
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	6392
be leased by the Ohio Building Authority to the Department of	6393
Youth Services, the Arts and Sports Facilities Commission, the	6394
Department of Administrative Services, and the Department of	6395
Rehabilitation and Correction, and other agreements may be made by	6396
the Ohio Building Authority and the departments with respect to	6397
the use or purchase of such capital facilities, or subject to the	6398
approval of the director of the department or the commission, the	6399
Ohio Building Authority may lease such capital facilities to, and	6400
make other agreements with respect to the use or purchase thereof	6401
with, any governmental agency or nonprofit corporation having	6402
authority under law to own, lease, or operate such capital	6403
facilities. The director of the department or the commission may	6404
sublease such capital facilities to, and make other agreements	6405
with respect to the use or purchase thereof with, any such	6406
governmental agency or nonprofit corporation, which may include	6407
provisions for transmittal of receipts of that agency or nonprofit	6408
corporation of any charges for the use of such facilities, all	6409
upon such terms and conditions as the parties may agree upon and	6410
any other provision of law affecting the leasing, acquisition, or	6411
disposition of capital facilities by such parties.	6412

Section 43.  The Director of Budget and Management shall	6413
authorize both of the following:	6414

(A) The initial release of moneys for projects from the	6415
funds into which proceeds of direct obligations of the state are	6416
deposited.	6417

(B) The expenditure or encumbrance of moneys from funds into	6418
which proceeds of direct obligations are deposited, only after	6419
determining to the director's satisfaction that either of the	6420
following apply:	6421

(1) The application of such moneys to the particular project	6422
will not negatively affect any exemption or exclusion from federal	6423
income tax of the interest or interest equivalent on obligations,	6424
issued to provide moneys to the particular fund.	6425

(2) Moneys for the project will come from the proceeds of	6426
obligations, the interest on which is not so excluded or exempt	6427
and which have been authorized as "taxable obligations" by the	6428
issuing authority.	6429

The director shall report any nonrelease of moneys pursuant	6430
to this section to the Governor, the presiding officer of each	6431
house of the General Assembly, and the agency for the use of which	6432
the project is intended.	6433

Section 44. SCHOOL FACILITIES ENCUMBRANCES AND	6434
REAPPROPRIATION	6435

At the request of the Executive Director of the Ohio School	6436
Facilities Commission, the Director of Budget and Management may	6437
cancel encumbrances for school district projects from a previous	6438
biennium if the district has not raised its local share of project	6439
costs within one year of receiving Controlling Board approval in	6440
accordance with section 3318.05 of the Revised Code. The Executive	6441
Director of the Ohio School Facilities Commission shall certify	6442
the amounts of these canceled encumbrances to the Director of	6443
Budget and Management on a quarterly basis. The amounts of the	6444
canceled encumbrances are hereby appropriated.	6445

Section 45. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	6446
OF CAPITAL APPROPRIATIONS	6447

(A) An unexpended balance of a capital appropriation or	6448
reappropriation that a state agency has lawfully encumbered prior	6449
to the close of a capital biennium is hereby reappropriated for	6450
the following capital biennium from the fund from which it was	6451
originally appropriated or was reappropriated and shall be used	6452
only for the purpose of discharging the encumbrance in the	6453
following capital biennium. For those encumbered appropriations or	6454
reappropriations, any Controlling Board approval previously	6455
granted and referenced by the encumbering document remains in	6456
effect until the encumbrance is discharged in the following	6457
capital biennium or until the encumbrance expires at the end of	6458
the following capital biennium.	6459

(B) At the end of the reappropriation period provided for by	6460
division (A) of this section, an unexpended balance of a capital	6461
appropriation or reappropriation that remains encumbered at the	6462
end of that period is hereby reappropriated for the next capital	6463
biennium from the fund from which it was originally appropriated	6464
or was reappropriated and shall be used only for the purpose of	6465
discharging the encumbrance in the next capital biennium. For	6466
those encumbered appropriations or reappropriations, any	6467
Controlling Board approval previously granted and referenced by	6468
the encumbering document remains in effect until the encumbrance	6469
is discharged in the next capital biennium or until the	6470
encumbrance expires at the end of the next capital biennium.	6471

(C) At the end of the reappropriation period provided for by	6472
division (B) of this section, a reappropriation made pursuant to	6473
division (B) of this section shall lapse, and the encumbrance	6474
shall expire.	6475

(D) If an encumbrance expired pursuant to division (C) of	6476
this section, the Director of Budget and Management may	6477
re-establish the encumbrance as provided in this division. If a	6478
reappropriation for a project is made by the General Assembly for	6479
the biennium immediately following the biennium in which an	6480
encumbrance for that project expired, the Director of Budget and	6481
Management may re-establish the encumbrance in an amount not to	6482
exceed the amount of the expired encumbrance, in the name of the	6483
contractor named in the expired encumbrance, and for the same	6484
purpose specified in the expired encumbrance. The encumbrance	6485
shall be charged against the reappropriation for the project. The	6486
amount re-encumbered shall be used only for the purpose of	6487
discharging the encumbrance in the capital biennium for which the	6488
reappropriation was made. For those re-encumbered	6489
reappropriations, any Controlling Board approval previously	6490
granted and referenced by the expired encumbering document remains	6491
in effect until the encumbrance is discharged or expires at the	6492
end of the capital biennium for which the reappropriation was	6493
made. If any portion of the amount re-encumbered by the Director	6494
of Budget and Management under this division is not expended prior	6495
to the close of the capital biennium for which the reappropriation	6496
was made, that amount is hereby reappropriated for the following	6497
capital biennium as provided for in division (A) of this section	6498
and subject to the provisions of division (A) of this section.	6499

Section 46.  Capital reappropriations in this act that have	6500
been released by the Controlling Board or the Director of Budget	6501
and Management between June 30, 2000, and July 1, 2002, do not	6502
require further approval or release prior to being encumbered.	6503
Funds reappropriated in excess of such prior releases shall be	6504
released in accordance with applicable provisions of this act.	6505

Section 47.  Unless otherwise specified, the reappropriations	6506
made in this act represent the unencumbered and unallotted	6507
balances of prior years' capital improvements appropriations	6508
estimated to be available on June 30, 2002. The actual balances	6509
on June 30, 2002, for the appropriation items in this act are	6510
hereby reappropriated. Additionally, there is hereby	6511
reappropriated the unencumbered and unallotted balances on June	6512
30, 2002, of any appropriation items either reappropriated in	6513
Sub. S.B. 245 of the 123rd General Assembly or appropriated in	6514
Sub. H.B. 640 of the 123rd General Assembly, or created by the	6515
Controlling Board pursuant to section 127.15 of the Revised Code	6516
from appropriation items in Sub. S.B. 245 and Am. Sub. H.B. 640,	6517
both of the 123rd General Assembly, and this act, if the Director	6518
of Budget and Management determines that such balances are needed	6519
to complete the projects for which they were reappropriated or	6520
appropriated. The appropriation items and amounts that are	6521
reappropriated by this act shall be reported to the Controlling	6522
Board within 30 days after the effective date of this section.	6523

Section 48.  No appropriation for a health care facility	6524
authorized under this act may be released until the requirements	6525
of sections 3702.51 to 3702.68 of the Revised Code have been met.	6526

Section 49.  All proceeds received by the state as a result	6527
of litigation, judgments, settlements, or claims, filed by or on	6528
behalf of any state agency as defined by section 1.60 of the	6529
Revised Code or state-supported or state-assisted institution of	6530
higher education, for damages or costs resulting from the use,	6531
removal, or hazard abatement of asbestos materials shall be	6532
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	6533
All funds deposited into the Asbestos Abatement Distribution Fund	6534
are hereby appropriated to the Attorney General. To the extent	6535
practicable, the proceeds placed in the Asbestos Abatement	6536
Distribution Fund shall be divided among the state agencies and	6537
state-supported or state-assisted institutions of higher education	6538
in accordance with the general provisions of the litigation	6539
regarding the percentage of recovery. Distribution of the	6540
proceeds to each state agency or state-supported or state-assisted	6541
institution of higher education shall be made in accordance with	6542
the Asbestos Abatement Distribution Plan to be developed by the	6543
Attorney General, the Division of Public Works within the	6544
Department of Administrative Services, and the Office of Budget	6545
and Management.	6546

In those circumstances where asbestos litigation proceeds are	6547
for reimbursement of expenditures made with funds outside the	6548
state treasury or damages to buildings not constructed with state	6549
appropriations, direct payments shall be made to the affected	6550
institutions of higher education. Any proceeds received for	6551
reimbursement of expenditures made with funds within the state	6552
treasury or damages to buildings occupied by state agencies shall	6553
be distributed to the affected agencies with an intrastate	6554
transfer voucher to the funds identified in the Asbestos Abatement	6555
Distribution Plan.	6556

Such proceeds shall be used for additional asbestos abatement	6557
or encapsulation projects, or for other capital improvements,	6558
except that proceeds distributed to the General Revenue Fund and	6559
other funds that are not bond improvement funds may be used for	6560
any purpose. The Controlling Board may, for bond improvement	6561
funds, create appropriation items or increase appropriation	6562
authority in existing appropriation items equaling the amount of	6563
such proceeds. Such amounts approved by the Controlling Board are	6564
hereby appropriated. Such proceeds deposited in bond improvement	6565
funds shall not be expended until released by the Controlling	6566
Board, which shall require certification by the Director of Budget	6567
and Management that such proceeds are sufficient and available to	6568
fund the additional anticipated expenditures.	6569

Section 50.  The capital improvements for which	6570
appropriations are made in this act from Sports Facilities	6571
Building Fund, (Fund 024), the Highway Safety Building Fund (Fund	6572
025), the Administrative Building Fund (Fund 026), the Adult	6573
Correctional Building Fund (Fund 027), the Juvenile Correctional	6574
Building Fund (Fund 028), the Transportation Building Fund (Fund	6575
029), and the Arts Facilities Building Fund (Fund 030) are	6576
determined to be capital improvements and capital facilities for	6577
housing state agencies and branches of state government and are	6578
designated as capital facilities to which proceeds of obligations	6579
issued under Chapter 152. of the Revised Code are to be applied.	6580

Section 51.  Upon the request of the agency to which a	6581
capital project appropriation item is appropriated, the Director	6582
of Budget and Management may transfer open encumbrance amounts	6583
between separate encumbrances for the project appropriation item	6584
to the extent that any reductions in encumbrances are agreed to by	6585
the contracting vendor and the agency.	6586

Section 52.  Any proceeds received by the State of Ohio as	6587
the result of litigation or a settlement agreement related to any	6588
liability for the planning, design, engineering, construction, or	6589
constructed management of such facilities operated by the	6590
Department of Administrative Services shall be deposited into the	6591
Administrative Building Fund (Fund 026).	6592

Section 53.  The balance in the Vocational School Building	6593
Assistance Fund (Fund 020), and all receipts and interest accruing	6594
to the fund from any source during the period of this act, are	6595
hereby appropriated to the Department of Education. The	6596
appropriation shall be used pursuant to section 3317.21 of the	6597
Revised Code.	6598

Section 54. Sections 3 to 53 of this act shall remain in full	6599
force and effect commencing on July 1, 2002, and terminating on	6600
June 30, 2004, for the purpose of drawing money from the state	6601
treasury in payment of liabilities lawfully incurred hereunder,	6602
and on June 30, 2004, and not before, the moneys hereby	6603
appropriated shall lapse into the funds from which they are	6604
severally appropriated. If, under Ohio Constitution, Article II,	6605
Section 1c, Sections 3 to 53 of this act do not take effect until	6606
after July 1, 2002, Sections 3 to 53 of this act shall be and	6607
remain in full force and effect commencing on that later effective	6608
date.	6609

Section 55.  NOTARY COMMISSION TRANSFER

6610

Upon the effective date of this section or as soon thereafter	6611
as possible, the Director of Budget and Management shall transfer	6612
$150,000 in cash from Fund 412, the Notary Commission Fund, to	6613
Fund 414, the Citizen Education Fund.	6614

Section 56. Pursuant to the agreement made between the	6615
Department of Development and the Dayton-Montgomery County Port	6616
Authority, approved by the Controlling Board on June 19, 2000, the	6617
Director of Development shall permit the approved $5,000,000 from	6618
appropriation item 195-412, Business Development Grants, to be	6619
used to increase the debt capacity of the Dayton-Montgomery County	6620
Port Authority and to fund regional economic development	6621
priorities approved by the Dayton-Montgomery County Port Authority	6622
Board. This change in the agreement is not subject to Controlling	6623
Board approval.	6624

Section 57. Section 5709.081 of the Revised Code, as amended	6625
by this act, is remedial in nature and applies to the tax years at	6626
issue in any application for exemption from taxation pending	6627
before the Tax Commissioner, the Board of Tax Appeals, any Court	6628
of Appeals, or the Supreme Court on the effective date of this act	6629
and to the property that is the subject of any such application.	6630

Section 58. That Sections 4.03 and 5.04 of Sub. H.B. 73 of	6631
the 124th General Assembly be amended to read as follows:	6632

"       Sec. 4.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	6633
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, AVIATION,	6634
AND ADMINISTRATION	6635

The Director of Budget and Management may approve requests	6636
from the Department of Transportation for transfer of	6637
appropriations for highway planning and research (appropriation	6638
items 771-411 and 771-412), highway construction (appropriation	6639
items 772-421, 772-422, and 772-424), highway maintenance	6640
(appropriation item 773-431), aviation (appropriation item	6641
777-475), and highway administration (appropriation item 779-491).	6642
Transfers of appropriations may be made upon the written request	6643
of the Director of Transportation and with the approval of the	6644
Director of Budget and Management. Such transfers shall be	6645
reported to the Controlling Board at the next regularly scheduled	6646
meeting of the board.	6647

This transfer authority is intended to provide for emergency	6648
situations and flexibility to meet unforeseen conditions that	6649
could arise during the budget period. It also is intended to	6650
allow the department to optimize the use of available resources	6651
and adjust to circumstances affecting the obligation and	6652
expenditure of federal funds.	6653

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	6654
TRANSIT	6655

The Director of Budget and Management may approve requests	6656
from the Department of Transportation for the transfer of	6657
appropriations between appropriation items 772-422, Highway	6658
Construction - Federal, and 775-452, Public Transportation -	6659
Federal, based upon transit capital projects meeting Federal	6660
Highway Administration and Federal Transit Administration funding	6661
guidelines. Transfers between these appropriation items may be	6662
made upon the written request of the Director of Transportation	6663
and with the approval of the Director of Budget and Management.	6664
Such transfers shall be reported to the Controlling Board at its	6665
next regularly scheduled meeting.	6666

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

6667

The Director of Budget and Management may approve requests	6668
from the Department of Transportation for transfer of	6669
appropriations and cash of the Infrastructure Bank funds created	6670
in section 5531.09 of the Revised Code, including transfers	6671
between fiscal years 2002 and 2003. Such transfers shall be	6672
reported to the Controlling Board at its next regularly scheduled	6673
meeting. However, the director may not make transfers out of debt	6674
service and lease payment appropriation items unless the director	6675
determines that the appropriated amounts exceed the actual and	6676
projected debt, rental, or lease payments.	6677

The Director of Budget and Management may approve requests	6678
from the Department of Transportation for transfer of	6679
appropriations and cash from the Highway Operating Fund (Fund 002)	6680
to the Infrastructure Bank funds created in section 5531.09 of the	6681
Revised Code. The Director of Budget and Management may transfer	6682
from the Infrastructure Bank funds to the Highway Operating Fund	6683
up to the amounts originally transferred to the Infrastructure	6684
Bank funds under this section. Such transfers shall be reported	6685
to the Controlling Board at its next regularly scheduled meeting.	6686
However, theThe director may not make transfers between modes and	6687
transfers between different funding sources with the exception of	6688
transfers that may be needed to make required payments on state	6689
Infrastructure Bank obligations.	6690

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

6691

In the event that receipts or unexpended balances credited to	6692
the Highway Operating Fund exceed the estimates upon which the	6693
appropriations have been made in this actSub. H.B. 73 of the	6694
124th General Assembly, upon the request of the Director of	6695
Transportation, the Controlling Board may increase appropriation	6696
authority in the manner prescribed in section 131.35 of the	6697
Revised Code.	6698

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

6699

In the event that receipts or unexpended balances credited to	6700
the Highway Operating Fund or apportionments or allocations made	6701
available from the federal and local government exceed the	6702
estimates upon which the appropriations have been made in this act	6703
Sub. H.B. 73 of the 124th General Assembly, upon the request of	6704
the Director of Transportation, the Controlling Board may increase	6705
appropriation authority in the manner prescribed in section 131.35	6706
of the Revised Code.	6707

REAPPROPRIATIONS

6708

All appropriations of the Highway Operating Fund (Fund 002),	6709
the Highway Capital Improvement Fund (Fund 042), and the	6710
Infrastructure Bank funds created in section 5531.09 of the	6711
Revised Code remaining unencumbered on June 30, 2001, and the	6712
unexpended balance of prior years' appropriations that	6713
subsequently become unencumbered after June 30, 2001, subject to	6714
the availability of revenue as determined by the Director of	6715
Transportation, are hereby reappropriated for the same purpose in	6716
fiscal year 2002 upon the request of the Director of	6717
Transportation and with the approval of the Director of Budget and	6718
Management. Such reappropriations shall be reported to the	6719
Controlling Board.	6720

All appropriations of the Highway Operating Fund (Fund 002),	6721
the Highway Capital Improvement Fund (Fund 042), and the	6722
Infrastructure Bank funds created in section 5531.09 of the	6723
Revised Code remaining unencumbered as of June 30, 2002, and the	6724
unexpended balance of prior years' appropriations that	6725
subsequently become unencumbered after June 30, 2002, subject to	6726
the availability of revenue as determined by the Director of	6727
Transportation, are hereby reappropriated for use during fiscal	6728
year 2003 for the same purpose, upon the request of the Director	6729
of Transportation and with the approval of the Director of Budget	6730
and Management. The department shall report all such	6731
reappropriations to the Controlling Board.	6732

Sec. 5.04.  INVESTIGATIVE UNIT

6733

State Highway Safety Fund Group

6734

Liquor Control Fund Group

6739

State Special Revenue Fund Group

6743

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	6749
EQUIPMENT	6750

The Director of Public Safety, using intrastate transfer	6751
vouchers, shall make cash transfers to the State Highway Safety	6752
Fund (Fund 036) from other funds to reimburse the State Highway	6753
Safety Fund for its share of lease rental payments to the Ohio	6754
Building Authority that are associated with appropriation item	6755
CAP-076, Investigative Unit MARCS Equipment."	6756

Section 59. That existing Sections 4.03 and 5.04 of Sub. H.B.	6757
73 of the 124th General Assembly are hereby repealed.	6758

Section 60. That Sections 13, 13.01, 13.05, and 13.12 of Am.	6759
Sub. H.B. 94 of the 124th General Assembly be amended to read as	6760
follows:	6761

"       Sec. 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

6762

General Revenue Fund

6763

General Services Fund Group

6787

Intragovernmental Service Fund Group

6812

Agency Fund Group

6817

Holding Account Redistribution Fund Group

6821

Sec. 13.01.  AGENCY AUDIT EXPENSES

6828

Of the foregoing appropriation item 100-405, Agency Audit	6829
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	6830
fiscal year 2003 shall be used to subsidize the operations of the	6831
Central Service Agency. The Department of Administrative Services	6832
shall transfer cash from appropriation item 100-405, Agency Audit	6833
Expenses, to the Central Service Agency Fund (Fund 115) using an	6834
intrastate transfer voucher.	6835

Of the foregoing appropriation item 100-405, Agency Audit	6836
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	6837
year 2003 shall be used for the Department of Administrative	6838
Services' GRF appropriation item-related auditing expenses. The	6839
remainder of the appropriation shall be used for auditing expenses	6840
designated in division (A)(1) of section 117.13 of the Revised	6841
Code for those state agencies audited on a biennial basis.	6842

VETERANS' RECORDS CONVERSION

6843

The unencumbered balance of appropriation item 100-410,	6844
Veterans' Records Conversion, at the end of fiscal year 2002 shall	6845
be transferred to fiscal year 2003 for use under the same	6846
appropriation item.	6847

Sec. 13.05.  CENTRAL SERVICE AGENCY FUND

6848

In order to complete the migration of the licensing	6849
applications of the professional licensing boards to a local area	6850
network, the Director of Budget and Management may, at the request	6851
of the Director of Administrative Services, cancel related	6852
encumbrances in the Central Service Agency Fund (Fund 115) and	6853
reestablish these encumbrances in fiscal year 2002 for the same	6854
purpose and to the same vendor. The Director of Budget and	6855
Management shall reduce the appropriation balance in fiscal year	6856
2001 by the amount of encumbrances canceled in Fund 115. As	6857
determined by the Director of Budget and Management, the amount	6858
necessary to reestablish such encumbrances or parts of	6859
encumbrances in fiscal year 2002 in the Central Service Agency	6860
Fund (Fund 115) is appropriated.	6861

The Director of Budget and Management may transfer up to	6862
$399,000$671,219 in fiscal year 2002 and up to $354,000$562,249	6863
in fiscal year 2003 from the Occupational Licensing and Regulatory	6864
Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The	6865
Director of Budget and Management may transfer up to $34,000	6866
$61,781 in fiscal year 2002 and up to $30,000$51,751 in fiscal	6867
year 2003 from the State Medical Board Operating Fund (Fund 5C6)	6868
to the Central Service Agency Fund (Fund 115). The Director of	6869
Budget and Management may transfer up to $18,000 in fiscal year	6870
2002 and up to $16,000 in fiscal year 2003 from the Pharmacy Board	6871
Operating Fund (Fund 5N2) to the Central Service Agency Fund (Fund	6872
115). The appropriation item 100-632, Central Service Agency,	6873
shall be used to purchase the necessary equipment, products, and	6874
services to install and maintain a local area networkweb-based	6875
application for the professional licensing boards, and to support	6876
their licensing applications. The amount of the cash transfer is	6877
appropriated to appropriation item 100-632, Central Service	6878
Agency.	6879

Sec. 13.12. INVESTMENT RECOVERY FUND

6880

Notwithstanding division (B) of section 125.14 of the Revised	6881
Code, cash balances in the Investment Recovery Fund may be used to	6882
support the operating expenses of the Federal Surplus Operating	6883
Program created in sections 125.84 to 125.90 of the Revised Code.	6884

Notwithstanding division (B) of section 125.14 of the Revised	6885
Code, cash balances in the Investment Recovery Fund may be used to	6886
support the operating expenses of the State Property Inventory and	6887
Fixed Assets Management System Program.	6888

Of the foregoing appropriation item 100-602, Investment	6889
Recovery, up to $2,045,302 in fiscal year 2002 and up to	6890
$1,959,192 in fiscal year 2003 shall be used to pay the operating	6891
expenses of the State Surplus Property Program, the Surplus	6892
Federal Property Program, and the State Property Inventory and	6893
Fixed Assets Management System Program pursuant to Chapter 125. of	6894
the Revised Code and this section. If additional appropriations	6895
are necessary for the operations of these programs, the Director	6896
of Administrative Services shall seek increased appropriations	6897
from the Controlling Board under section 131.35 of the Revised	6898
Code.	6899

Of the foregoing appropriation item 100-602, Investment	6900
Recovery, $2,045,302$2,159,433 in fiscal year 2002 and $1,959,192	6901
$2,219,992 in fiscal year 2003 shall be used to transfer proceeds	6902
from the sale of surplus property from the Investment Recovery	6903
Fund to non-General Revenue Funds pursuant to division (A)(2) of	6904
section 125.14 of the Revised Code. If it is determined by the	6905
Director of Administrative Services that additional appropriations	6906
are necessary for the transfer of such sale proceeds, the Director	6907
of Administrative Services may request the Director of Budget and	6908
Management to increase the amounts. Such amounts are	6909
appropriated.	6910

Notwithstanding division (B) of section 125.14 of the Revised	6911
Code, the Director of Budget and Management, at the request of the	6912
Director of Administrative Services, shall transfer up to	6913
$2,500,000 of the amounts held for transfer to the General Revenue	6914
Fund from the Investment Recovery Fund (Fund 427) to the General	6915
Services Fund (Fund 117) during the biennium beginning July 1,	6916
2001, and ending June 30, 2003. The cash transferred to the	6917
General Services Fund shall be used to pay the operating expenses	6918
of the Competitive Sealed Proposal Program."	6919

Section 61. That existing Sections 13, 13.01, 13.05, and	6920
13.12 of Am. Sub. H.B. 94 of the 124th General Assembly are hereby	6921
repealed.	6922

Section 62. That Section 32 of Am. Sub. H.B. 94 of the 124th	6923
General Assembly, as amended by Sub. H.B. 386 of the 124th General	6924
Assembly, be amended to read as follows:	6925

"       Sec. 32.  COM DEPARTMENT OF COMMERCE

6926

General Revenue Fund

6927

General Services Fund Group

6931

Federal Special Revenue Fund Group

6936

State Special Revenue Fund Group

6942

Liquor Control Fund Group

6966

GRANTS-VOLUNTEER FIRE DEPARTMENTS

6974

The foregoing appropriation item 800-402, Grants-Volunteer	6975
Fire Departments, shall be used to make annual grants to volunteer	6976
fire departments of up to $10,000, or up to $25,000 if the	6977
volunteer fire department provides service for an area affected by	6978
a natural disaster. The grant program shall be administered by	6979
the Fire Marshal under the Department of Commerce. The Fire	6980
Marshal shall adopt rules necessary for the administration and	6981
operation of the grant program.	6982

Notwithstanding section 3737.17 of the Revised Code, upon the	6983
request of the Director of Commerce, the Director of Budget and	6984
Management shall transfer $200,000 cash in fiscal year 2002 and	6985
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	6986
(Fund 546) to the General Revenue Fund.	6987

Of the foregoing appropriation item 800-402, Grants-Volunteer	6988
Fire Departments, $200,000 in fiscal year 2002 shall be granted to	6989
the Monday Creek Fire Department.	6990

LABOR AND WORKER SAFETY

6991

The Department of Commerce may designate a portion of	6992
appropriation item 800-410, Labor and Worker Safety, to be used to	6993
match federal funding for the OSHA on-site consultation program.	6994

SMALL GOVERNMENT FIRE DEPARTMENTS

6995

Upon the request of the Director of Commerce, the Director of	6996
Budget and Management shall transfer $250,000 cash in each fiscal	6997
year from the State Fire Marshal Fund (Fund 546) within the State	6998
Special Revenue Fund Group to the Small Government Fire	6999
Departments Fund (Fund 5F1) within the General Services Fund	7000
Group.	7001

Notwithstanding section 3737.17 of the Revised Code, the	7002
foregoing appropriation item 800-635, Small Government Fire	7003
Departments, may be used to provide loans to private fire	7004
departments.	7005

PENALTY ENFORCEMENT

7006

The foregoing appropriation item 800-621, Penalty	7007
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	7008
of the Revised Code.	7009

On July 1, 2001, or as soon thereafter as possible, the	7010
Director of Budget and Management shall transfer the cash balance	7011
in the Penalty Enforcement Fund that was in the custody of the	7012
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	7013
created in the state treasury by section 4115.10 of the Revised	7014
Code. The fund shall be used for deposit of moneys received from	7015
penalties paid under section 4115.10 of the Revised Code.	7016

UNCLAIMED FUNDS PAYMENTS

7017

The foregoing appropriation item 800-625, Unclaimed	7018
Funds-Claims, shall be used to pay claims pursuant to section	7019
169.08 of the Revised Code. If it is determined that additional	7020
amounts are necessary, the amounts are appropriated.	7021

PREDATORY LENDING ENFORCEMENT

7022

Of the foregoing appropriation item 800-607, Consumer	7023
Finance, up to $125,000 in fiscal year 2002 and up to $250,000 in	7024
fiscal year 2003 shall be used for the enforcement of sections	7025
1349.25 to 1349.36 of the Revised Code.	7026

OFFICE OF CONSUMER AFFAIRS

7027

Of the foregoing appropriation item 800-607, Consumer	7028
Finance, up to $400,000 in fiscal year 2002 and up to $400,000 in	7029
fiscal year 2003 shall be used by the Department of Commerce for	7030
the operation of the Office of Consumer Affairs created in section	7031
1349.37 of the Revised Code, including outreach efforts to provide	7032
education regarding predatory lending, borrowing, and related	7033
financial topics through seminars, local government grants, public	7034
service announcements, and brochures. On or before August 1,	7035
2002, the Director of Budget and Management shall determine and	7036
certify to the Director of Commerce the total amount of	7037
unexpended, unobligated appropriations made to the Department for	7038
fiscal year 2002 for the purposes stated above. The amount so	7039
determined and certified by the Director of Budget and Management	7040
is hereby appropriated to appropriation item 800-607, Consumer	7041
Finance, in addition to any other amounts appropriated for fiscal	7042
year 2003, and is hereby earmarked for the purposes stated above.	7043

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

7044

The Director of Commerce may, upon concurrence by the	7045
Director of Budget and Management, submit to the Controlling Board	7046
for approval a request for increased appropriation authority for	7047
appropriation item 800-601, Merchandising.	7048

CASH BALANCE TRANSFER

7049

On July 1, 2001, or as soon thereafter as possible, the	7050
Director of Budget and Management shall transfer the cash balance	7051
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	7052
Fund (Fund 043) created in section 4301.12 of the Revised Code.	7053
Upon the completion of the transfer, the Salvage and Exchange	7054
Fund, which was created by the Controlling Board during the	7055
1973-1975 biennium, is abolished. The director shall cancel any	7056
existing encumbrances against appropriation item 800-634, Salvage	7057
and Exchange, and reestablish them against appropriation item	7058
800-627, Liquor Control Operating.	7059

DEVELOPMENT ASSISTANCE DEBT SERVICE

7060

The foregoing appropriation item 800-633, Development	7061
Assistance Debt Service, shall be used to meet all payments at the	7062
times they are required to be made during the period from July 1,	7063
2001, to June 30, 2003, for bond service charges on obligations	7064
issued under section 166.08 of the Revised Code, but limited to	7065
the aggregate amount of $32,275,900. If it is determined that	7066
additional appropriations are necessary for this purpose, such	7067
amounts are hereby appropriated, provided that the appropriation	7068
does not exceed $25,000,000 in any fiscal year, except as may be	7069
needed for payments on obligations issued to meet guarantees. The	7070
General Assembly acknowledges that an appropriation for this	7071
purpose is not required, but is made in this form and in this act	7072
Am. Sub. H.B. 94 of the 124th General Assembly for record purposes	7073
only.	7074

REVITALIZATION DEBT SERVICE

7075

The foregoing appropriation item 800-636, Revitalization Debt	7076
Service, shall be used to pay debt service and related financing	7077
costs during the period from July 1, 2001, to June 30, 2003, on	7078
obligations to be issued for revitalization purposes under Section	7079
2o of Article VIII, Ohio Constitution, and implementing	7080
legislation. If it is determined that additional appropriations	7081
are necessary for this purpose, such amounts are hereby	7082
appropriated. The General Assembly acknowledges: (A) the priority	7083
of the pledge of a portion of receipts from that source to	7084
obligations issued and to be issued and guarantees made and to be	7085
made under Chapter 166. of the Revised Code; and (B) that this	7086
appropriation is subject to further consideration pursuant to	7087
implementing legislationan appropriation for this purpose is not	7088
required, but is made in this form and in this act for record	7089
purposes only.	7090

ADMINISTRATIVE ASSESSMENTS

7091

Notwithstanding any other provision of law to the contrary,	7092
Fund 163, Administration, shall receive assessments from all	7093
operating funds of the department in accordance with procedures	7094
prescribed by the Director of Commerce and approved by the	7095
Director of Budget and Management."	7096

Section 63. That existing Section 32 of Am. Sub. H.B. 94 of	7097
the 124th General Assembly, as amended by Sub. H.B. 386 of the	7098
124th General Assembly, is hereby repealed.	7099

Section 64. That Section 45 of Am. Sub. H.B. 94 of the 124th	7100
General Assembly, as amended by Am. Sub. H.B. 405 of the 124th	7101
General Assembly, be amended to read as follows:	7102

"       Sec. 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	7103
COMMISSION	7104

General Revenue Fund

7105

General Services Fund Group

7115

STATEHOUSE NEWS BUREAU

7122

The foregoing appropriation item 374-401, Statehouse News	7123
Bureau, shall be used solely to support the operations of the Ohio	7124
Statehouse News Bureau.	7125

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

7126

The foregoing appropriation item 374-402, Ohio Government	7127
Telecommunications Studio, shall be used solely to support the	7128
operations of the Ohio Government Telecommunications Studio.	7129

OHIO SONET

7130

The foregoing appropriation item 374-403, Ohio SONET, shall	7131
be used by the Ohio Educational Telecommunications Network	7132
Commission to pay monthly operating expenses and maintenance of	7133
the television and radio transmission infrastructure.	7134

TELECOMMUNICATIONS OPERATING SUBSIDY

7135

The foregoing appropriation item 374-404, Telecommunications	7136
Operating Subsidy, shall be distributed by the Ohio Educational	7137
Telecommunications Network Commission to Ohio's qualified public	7138
educational television stations, radio reading services, and	7139
educational radio stations to support their operations. The funds	7140
shall be distributed pursuant to an allocation developed by the	7141
Ohio Educational Telecommunications Network Commission.	7142

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

7143

Beginning on January 1, 2002, General Service Fund 4T2,	7144
Government Television/Telecommunications Operating, currently	7145
under the direction of the Capital Square Review and Advisory	7146
Board, shall be transferred to the Ohio Educational	7147
Telecommunications Network Commission. The Director of Budget and	7148
Management shall transfer, by January 15, 2002, all remaining	7149
balances in General Services Fund 4T2, Government	7150
Television/Telecommunications Operating, in the Capital Square	7151
Review and Advisory Board to General Services Fund 4T2, Government	7152
Television/Telecommunications Operating, in the Ohio Educational	7153
Telecommunications Network Commission. General Services Fund 4T2,	7154
Government Television/Telecommunications Operating, is hereby	7155
created in the Ohio Educational Telecommunications Network	7156
Commission."	7157

Section 65. That existing Section 45 of Am. Sub. H.B. 94 of	7158
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	7159
124th General Assembly, is hereby repealed.	7160

Section 66. That Section 56.01 of Am. Sub. H.B. 94 of the	7161
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	7162
124th General Assembly, be amended to read as follows:	7163

"       Sec. 56.01. HEMOPHILIA SERVICES

7164

Of the foregoing appropriation item 440-406, Hemophilia	7165
Services, $205,000 in each fiscal year shall be used to implement	7166
the Hemophilia Insurance Pilot Project.	7167

Of the foregoing appropriation item 440-406, Hemophilia	7168
Services, up to $245,000 in each fiscal year shall be used by the	7169
Department of Health to provide grants to the nine hemophilia	7170
treatment centers to provide prevention services for persons with	7171
hemophilia and their family members affected by AIDS and other	7172
bloodborne pathogens.	7173

CANCER REGISTRY SYSTEM

7174

Of the foregoing appropriation item 440-412, Cancer Incidence	7175
Surveillance System, $50,000 in each fiscal year shall be provided	7176
to the Northern Ohio Cancer Resource Center.	7177

The remaining moneys in appropriation item 440-412, Cancer	7178
Incidence Surveillance System, shall be used to maintain and	7179
operate the Ohio Cancer Incidence Surveillance System pursuant to	7180
sections 3701.261 to 3701.263 of the Revised Code.	7181

No later than March 1, 2002, the Ohio Cancer Incidence	7182
Surveillance Advisory Board shall report to the General Assembly	7183
on the effectiveness of the cancer incidence surveillance system	7184
and the partnership between the Department of Health and the	7185
Arthur G. James Cancer Hospital and Richard J. Solove Research	7186
Institute of The Ohio State University.	7187

CHILD AND FAMILY HEALTH SERVICES

7188

Of the foregoing appropriation item 440-416, Child and Family	7189
Health Services, $1,700,000 in each fiscal year shall be used for	7190
family planning services. None of the funds received through	7191
these family planning grants shall be used to provide abortion	7192
services. None of the funds received through these family	7193
planning grants shall be used for counseling for or referrals for	7194
abortion, except in the case of a medical emergency. These funds	7195
shall be distributed on the basis of the relative need in the	7196
community served by the Director of Health to family planning	7197
programs, which shall include family planning programs funded	7198
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	7199
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	7200
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	7201
as well as to other family planning programs that the Department	7202
of Health also determines will provide services that are	7203
physically and financially separate from abortion-providing and	7204
abortion-promoting activities, and that do not include counseling	7205
for or referrals for abortion, other than in the case of medical	7206
emergency, with state moneys, but that otherwise substantially	7207
comply with the quality standards for such programs under Title V	7208
and Title X.	7209

The Director of Health, by rule, shall provide reasonable	7210
methods by which a grantee wishing to be eligible for federal	7211
funding may comply with these requirements for state funding	7212
without losing its eligibility for federal funding, while ensuring	7213
that a family planning program receiving a family planning grant	7214
must be organized so that it is physically and financially	7215
separate from the provision of abortion services and from	7216
activities promoting abortion as a method of family planning.	7217

Of the foregoing appropriation item 440-416, Child and Family	7218
Health Services, $150,000 in each fiscal year shall be used to	7219
provide malpractice insurance for physicians and other health	7220
professionals providing prenatal services in programs funded by	7221
the Department of Health.	7222

Of the foregoing appropriation item 440-416, Child and Family	7223
Health Services, $279,000 shall be used in each fiscal year for	7224
the OPTIONS dental care access program.	7225

Of the foregoing appropriation item 440-416, Child and Family	7226
Health Services, $600,000 in each fiscal year shall be used by	7227
local child and family health services clinics to provide services	7228
to uninsured low-income persons.	7229

Of the foregoing appropriation item 440-416, Child and Family	7230
Health Services, $900,000 in each fiscal year shall be used by	7231
federally qualified health centers and federally designated	7232
look-alikes to provide services to uninsured low-income persons.	7233

Of the foregoing appropriation item 440-416, Child and Family	7234
Health Services, $50,000 in each fiscal year shall be used for the	7235
Tree of Knowledge Learning Center in Cleveland Heights.	7236

Of the foregoing appropriation item 440-416, Child and Family	7237
Health Services, $25,000 in fiscal year 2002 shall be provided to	7238
the Suicide Prevention Program of Clermont County.	7239

Of the foregoing appropriation item 440-416, Child and Family	7240
Health Services, $50,000 in fiscal year 2002 shall be provided to	7241
the Discover Health Project.	7242

Of the foregoing appropriation item 440-416, Child and Family	7243
Health Services, $75,000 in fiscal year 2002 shall be provided to	7244
the Mayerson Center.	7245

Of the foregoing appropriation item 440-416, Child and Family	7246
Health Services, $50,000 in fiscal year 2002 shall be provided to	7247
the Central Clinic at the University of Cincinnati.	7248

IMMUNIZATIONS

7249

Of the foregoing appropriation item 440-418, Immunizations,	7250
$125,000 per fiscal year shall be used to provide vaccinations for	7251
Hepatitis B to all qualified underinsured students in the seventh	7252
grade who have not been previously immunized.	7253

Of the foregoing appropriation item 440-418, Immunizations,	7254
up to $25,000 in each fiscal year shall be used to provide	7255
vaccinations for pneumococcal disease for children between the	7256
ages of two and five.	7257

SEXUAL ASSAULT PREVENTION AND INTERVENTION

7258

The foregoing appropriation item 440-419, Sexual Assault	7259
Prevention and Intervention, shall be used for the following	7260
purposes:	7261

(A) Funding of new services in counties with no services for	7262
sexual assault;	7263

(B) Expansion of services provided in currently funded	7264
projects so that comprehensive crisis intervention and prevention	7265
services are offered;	7266

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	7267
projects;	7268

(D) Statewide expansion of local outreach and public	7269
awareness efforts.	7270

HIV/AIDS PREVENTION/TREATMENT

7271

Of the foregoing appropriation item 440-444, AIDS Prevention	7272
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	7273
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	7274
in acquiring HIV-related medications.	7275

The HIV Drug Assistance Program is pursuant to section	7276
3701.241 of the Revised Code and Title XXVI of the "Public Health	7277
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	7278
The Department of Health may adopt rules pursuant to Chapter 119.	7279
of the Revised Code as necessary for the administration of the	7280
program.	7281

INFECTIOUS DISEASE PREVENTION

7282

Notwithstanding section 339.77 of the Revised Code, $60,000	7283
of the foregoing appropriation item 440-446, Infectious Disease	7284
Prevention, shall be used by the Director of Health to reimburse	7285
Boards of County Commissioners for the cost of detaining indigent	7286
persons with tuberculosis. Any portion of the $60,000 allocated	7287
for detainment not used for that purpose shall be used to make	7288
payments to counties pursuant to section 339.77 of the Revised	7289
Code.	7290

Of the foregoing appropriation item 440-446, Infectious	7291
Disease Prevention, $200,000$335,000 in each fiscal year shall be	7292
used for the purchase of drugs for sexually transmitted diseases.	7293

HELP ME GROW

7294

The foregoing appropriation item 440-459, Help Me Grow, shall	7295
be used by the Department of Health to distribute subsidies to	7296
counties to implement section 3701.61 of the Revised Codethe Help	7297
Me Grow program. Appropriation item 440-459 may be used in	7298
conjunction with Temporary Assistance for Needy Families from the	7299
Department of Job and Family Services, Even Start from the	7300
Department of Education, and in conjunction with other early	7301
childhood funds and services to promote the optimal development of	7302
young children. Local contacts shall be developed between local	7303
departments of job and family services and family and children	7304
first councils for the administration of TANF funding for the Help	7305
Me Grow Program. The Department of Health shall enter into an	7306
interagency agreement with the Department of Education to	7307
coordinate the planning, design, and grant selection process for	7308
any new Even Start grants and to ensure that all new and existing	7309
programs within Help Me growGrow are school linked.	7310

POISON CONTROL NETWORK

7311

The foregoing appropriation item 440-504, Poison Control	7312
Network, shall be used in each fiscal year by the Department of	7313
Health for grants to the consolidated Ohio Poison Control Center	7314
to provide poison control services to Ohio citizens.	7315

TANF FAMILY PLANNING

7316

The Director of Budget and Management shall transfer by	7317
intrastate transfer voucher, no later than the fifteenth day of	7318
July of each fiscal year, cash from the General Revenue Fund,	7319
appropriation item 600-410, TANF State, to General Services Fund	7320
5C1 in the Department of Health, in an amount of $250,000 in each	7321
fiscal year for the purpose of family planning services for	7322
children or their families whose income is at or below 200 per	7323
cent of the official poverty guideline.	7324

As used in this section, "poverty guideline" means the	7325
official poverty guideline as revised annually by the United	7326
States Secretary of Health and Human Services in accordance with	7327
section 673 of the "Community Services Block Grant Act," 95 Stat.	7328
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	7329
to the size of the family of the person whose income is being	7330
determined.	7331

MATERNAL CHILD HEALTH BLOCK GRANT

7332

Of the foregoing appropriation item 440-601, Maternal Child	7333
Health Block Grant (Fund 320), $2,091,299 shall be used in each	7334
fiscal year for the purposes of abstinence-only education. The	7335
Director of Health shall develop guidelines for the establishment	7336
of abstinence programs for teenagers with the purpose of	7337
decreasing unplanned pregnancies and abortion. Such guidelines	7338
shall be pursuant to Title V of the "Social Security Act," 42	7339
U.S.C.A. 510, and shall include, but are not limited to,	7340
advertising campaigns and direct training in schools and other	7341
locations.	7342

A portion of the foregoing appropriation item 440-601,	7343
Maternal Child Health Block Grant (Fund 320), may be used to	7344
ensure that current information on sudden infant death syndrome is	7345
available for distribution by local health districts.	7346

TITLE XX TRANSFER

7347

Of the foregoing appropriation item 440-611, Title XX	7348
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	7349
funds are available based on deposits made pursuant to Section	7350
63.09 of this actAm. Sub. H.B. 94 of the 124th General Assembly,	7351
shall be used for the purposes of abstinence-only education. The	7352
Director of Health shall develop guidelines for the establishment	7353
of abstinence programs for teenagers with the purpose of	7354
decreasing unplanned pregnancies and abortion. The guidelines	7355
shall be developed pursuant to Title V of the "Social Security	7356
Act," 42 U.S.C. 510, and shall include, but are not to be limited	7357
to, advertising campaigns and direct training in schools and other	7358
locations.	7359

GENETICS SERVICES

7360

The foregoing appropriation item 440-608, Genetics Services	7361
(Fund 4D6), shall be used by the Department of Health to	7362
administer programs authorized by sections 3701.501 and 3701.502	7363
of the Revised Code. None of these funds shall be used to counsel	7364
or refer for abortion, except in the case of a medical emergency.	7365

SICKLE CELL FUND

7366

The foregoing appropriation item 440-610, Sickle Cell Disease	7367
Control (Fund 4F9), shall be used by the Department of Health to	7368
administer programs authorized by section 3701.131 of the Revised	7369
Code. The source of the funds is as specified in section 3701.23	7370
of the Revised Code.	7371

SAFETY AND QUALITY OF CARE STANDARDS

7372

The Department of Health may use Fund 471, Certificate of	7373
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	7374
the Revised Code in each fiscal year.	7375

MEDICALLY HANDICAPPED CHILDREN AUDIT

7376

The Medically Handicapped Children Audit Fund (Fund 477)	7377
shall receive revenue from audits of hospitals and recoveries from	7378
third-party payors. Moneys may be expended for payment of audit	7379
settlements and for costs directly related to obtaining recoveries	7380
from third-party payors and for encouraging Medically Handicapped	7381
Children's Program recipients to apply for third-party benefits.	7382
Moneys also may be expended for payments for diagnostic and	7383
treatment services on behalf of medically handicapped children, as	7384
defined in division (A) of section 3701.022 of the Revised Code,	7385
and Ohio residents who are twenty-one or more years of age and who	7386
are suffering from cystic fibrosis. Moneys may also be expended	7387
for administrative expenses incurred in operating the Medically	7388
Handicapped Children's Program.	7389

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	7390
PERMIT FUND	7391

The Director of Budget and Management, pursuant to a plan	7392
submitted by the Department of Health, or as otherwise determined	7393
by the Director of Budget and Management, shall set a schedule to	7394
transfer cash from the Liquor Control Fund (Fund 043) to the	7395
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	7396
needs of the Alcohol Testing and Permit program.	7397

The Director of Budget and Management shall transfer to the	7398
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	7399
Fund (Fund 043) established in section 4301.12 of the Revised Code	7400
such amounts at such times as determined by the transfer schedule.	7401

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

7402

The foregoing appropriation item 440-607, Medically	7403
Handicapped Children - County Assessments (Fund 666), shall be	7404
used to make payments pursuant to division (E) of section 3701.023	7405
of the Revised Code."	7406

Section 67. That existing Section 56.01 of Am. Sub. H.B. 94	7407
of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of	7408
the 124th General Assembly, is hereby repealed.	7409

Section 68. That Section 63.09 of Am. Sub. H.B. 94 of the	7410
124th General Assembly, as most recently amended by Am. Sub. H.B.	7411
405 of the 124th General Assembly, be amended to read as follows:	7412

"       Sec. 63.09. TANF

7413

TANF COUNTY INCENTIVES

7414

Of the foregoing appropriation item 600-689, TANF Block	7415
Grant, the Department of Job and Family Services may provide	7416
financial incentives to those county departments of job and family	7417
services that have exceeded performance standards adopted by the	7418
state department, and where the board of county commissioners has	7419
entered into a written agreement with the state department under	7420
section 5101.21 of the Revised Code governing the administration	7421
of the county department. Any financial incentive funds provided	7422
pursuant to this division shall be used by the county department	7423
for additional or enhanced services for families eligible for	7424
assistance under Chapter 5107. or benefits and services under	7425
Chapter 5108. of the Revised Code or, on request by the county and	7426
approval by the Department of Job and Family Services, be	7427
transferred to the Child Care and Development Fund or the Social	7428
Services Block Grant. The county departments of job and family	7429
services may retain and expend such funds without regard to the	7430
state or county fiscal year in which the financial incentives were	7431
earned or paid. Each county department of job and family services	7432
shall file an annual report with the Department of Job and Family	7433
Services providing detailed information on the expenditure of	7434
these financial incentives and an evaluation of the effectiveness	7435
of the county department's use of these funds in achieving	7436
self-sufficiency for families eligible for assistance under	7437
Chapter 5107. or benefits and services under Chapter 5108. of the	7438
Revised Code.	7439

TANF YOUTH DIVERSION PROGRAMS

7440

Of the foregoing appropriation item 600-689, TANF Block	7441
Grant, $19,500,000 in each fiscal year shall be allocated by the	7442
Department of Job and Family Services to the counties according to	7443
the allocation formula established in division (D) of section	7444
5101.14 of the Revised Code. Of the funds allocated to each	7445
county, up to half may be used for contract services for unruly	7446
and misdemeanant diversionary programs.	7447

The remaining funds not allocated for use in juvenile	7448
diversion activities may be used by the county for other contract	7449
child welfare services. In counties with separate departments of	7450
job and family services and public children services agencies, the	7451
county department of job and family services shall serve as a pass	7452
through to the public children services agencies for these funds.	7453
Separate public children services agencies receiving such funds	7454
shall comply with all TANF requirements, including reporting	7455
requirements and timelines, as specified in state and federal	7456
laws, federal regulations, state rules, and the Title IV-A state	7457
plan, and are responsible for payment of any adverse audit	7458
finding, final disallowance of federal financial participation, or	7459
other sanction or penalty issued by the federal government or	7460
other entity concerning these funds.	7461

Of the foregoing $19,500,000 set aside, any funds remaining	7462
unspent on June 30, 2002, shall be carried forward and added to	7463
the earmark for fiscal year 2003, and allocated to the counties	7464
according to the allocation formula established in division (D) of	7465
section 5101.14 of the Revised Code.	7466

KINSHIP NAVIGATORS

7467

Of the foregoing appropriation item 600-689, TANF Block	7468
Grant, up to $3 million in each fiscal year shall be allocated by	7469
the Department of Job and Family Services to county departments of	7470
job and family services for the purpose of making allocations to	7471
local public children services agencies to provide services in the	7472
Kinship Navigation program. The allocation to county departments	7473
of job and family services shall be based on the number of Ohio	7474
works first cases in the county, and the number of children	7475
seventeen years of age or younger in the county. The Department of	7476
Job and Family Services shall develop an appropriate method of	7477
reallocating these funds in each fiscal year among the county	7478
departments of job and family services, if they would otherwise be	7479
unspent.	7480

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

7481

From the foregoing appropriation item 600-689, TANF Block	7482
Grant, up to $1,000,000 in each fiscal year shall be used to	7483
support capacity-building efforts among faith-based and non-profit	7484
organizations, for the purpose of providing allowable services to	7485
TANF-eligible individuals. Organizations receiving these funds	7486
shall comply with all TANF requirements, and shall agree with the	7487
Department of Job and Family Services on reporting requirements to	7488
be incorporated into the grant agreement.	7489

TANF EDUCATION

7490

There is hereby established the Title IV-A Education Program	7491
to be administered by the Department of Education in accordance	7492
with an interagency agreement entered into with the Department of	7493
Job and Family Services under division (A)(2) of section 5101.801	7494
of the Revised Code. The program shall provide benefits and	7495
services to TANF eligible individuals with incomes at or below 200	7496
per cent of the federal poverty guidelines under a Title IV-A	7497
program pursuant to the requirements of section 5101.801 of the	7498
Revised Code. Upon approval by the Department of Job and Family	7499
Services, the Department of Education shall adopt policies and	7500
procedures establishing program requirements for eligibility,	7501
services, fiscal accountability, and other criteria necessary to	7502
comply with the provisions of Title IV-A of the "Social Security	7503
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	7504

The Department of Job and Family Services shall reimburse the	7505
General Revenue Fund through intrastate transfer vouchers for	7506
allowable Title IV-A Head Start expenditures reported by the	7507
Department of Education in fiscal year 2002during the fiscal year	7508
2002-2003 biennium by amounts up to $76,156,175an amount not to	7509
exceed $175,000,000 from Fund 3V6, TANF Block Grant, and in fiscal	7510
year 2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	7511
Department of Job and Family Services shall reimburse the General	7512
Revenue Fund through intrastate transfer vouchers for allowable	7513
Title IV-A student intervention services expenditures in fiscal	7514
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	7515

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	7516
ADULT LITERACY AND CHILD READING PROGRAMS	7517

There is hereby established the Title IV-A Adult Literacy and	7518
Child Reading Program to be administered by the county departments	7519
of job and family services in accordance with division (B)(1) of	7520
section 5101.801 of the Revised Code. The program shall provide	7521
benefits and services to TANF-eligible individuals with incomes at	7522
or below 200 per cent of the federal poverty guidelines under a	7523
Title IV-A program pursuant to the requirements of section	7524
5101.801 of the Revised Code. The county departments of job and	7525
family services shall ensure program requirements for eligibility,	7526
services, fiscal accountability, and other criteria necessary to	7527
comply with the provisions of Title IV-A of the "Social Security	7528
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	7529
that benefits and services are allowable uses of federal Title	7530
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	7531
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	7532
benefits and services shall be benefits and services that 45	7533
C.F.R. 260.31(b) excludes from the definition of "assistance."	7534
From the foregoing appropriation item 600-689, TANF Block Grant,	7535
up to $5,000,000 in each fiscal year shall be used to support	7536
local adult literacy and child reading programs.	7537

TALBERT HOUSE

7538

In each fiscal year, the Director of Job and Family Services	7539
shall provide $100,500 from appropriation item 600-689, TANF Block	7540
Grant, to the Hamilton County Department of Job and Family	7541
Services to contract with the Talbert House for the purpose of	7542
providing allowable services to TANF-eligible individuals with	7543
incomes at or below 200 per cent of the federal poverty	7544
guidelines. The contract between the Hamilton County Department	7545
of Job and Family Services and the Talbert House shall establish	7546
conditions for the reimbursement of allowable Title IV-A	7547
expenditures for services that are allowable uses of federal Title	7548
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	7549
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	7550
benefits and services shall be benefits and services that 45	7551
C.F.R. 260.31(b) excludes from the definition of "assistance." The	7552
contract shall also require Talbert House to comply with	7553
requirements of Title IV-A of the "Social Security Act," 110 Stat.	7554
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	7555
individuals, reporting requirements, allowable benefits and	7556
services, use of funds, and audit requirements, as specified in	7557
state and federal laws, federal regulations, state rules, federal	7558
Office of Management and Budget circulars, and the Title IV-A	7559
state plan.	7560

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

7561

In each fiscal year, the Director of Job and Family Services	7562
shall provide $1,000,000 from appropriation item 600-689, TANF	7563
Block Grant, to the Montgomery County Department of Job and Family	7564
Services to be used to support the Out-of-School Youth Project in	7565
Montgomery County for the purpose of providing allowable services	7566
to TANF-eligible individuals. The Montgomery County Department of	7567
Job and Family Services and the Sinclair Community College shall	7568
comply with all TANF requirements, including reporting	7569
requirements and timelines, as specified in state and federal	7570
laws, federal regulations, state rules, and the Title IV-A state	7571
plan.	7572

APPALACHIAN TECHNOLOGY AND WORKFORCE DEVELOPMENT

7573

From the foregoing appropriation item 600-689, TANF Block	7574
Grant, the Director of Job and Family Services shall provide up to	7575
$15,000,000 to be awarded to the county departments of job and	7576
family services in the twenty-nine Appalachian counties. Each	7577
county shall be eligible to apply for an initial grant, or grants,	7578
the cumulative amount of which shall not exceed $500,000 per	7579
county. These funds shall be used by the county departments of job	7580
and family services in coordination with the Governor's Office of	7581
Appalachia, the Governor's Regional Economic Office, and local	7582
development districts. These funds shall be used for the	7583
following eligible activities: workforce development and	7584
supportive services; microenterprise development and other	7585
entrepreneurship activities; technology expansion, technical	7586
assistance, and training; youth job training; and improving	7587
existing technology centers, job creation and retention,	7588
purchasing technology, and technology upgrades. The funds may be	7589
used to leverage other state and local funds for eligible	7590
activities.	7591

As a condition on the use of these funds, each county	7592
department of job and family services shall have a committee that	7593
shall submit a plan for the intended use of these funds to the	7594
Governor's Office of Appalachia. The plan shall be reviewed by the	7595
Governor's Office of Appalachia, which may approve or disapprove	7596
the plan in whole or in part. The Governor's Office of Appalachia	7597
shall forward each final, approved plan to the Department of Job	7598
and Family Services. The plan must be developed and submitted by a	7599
county committee that includes, at a minimum, a county	7600
commissioner; a mayor of a municipality in the county; an economic	7601
development official from the county, local political subdivision,	7602
or development district; a representative of a chamber of commerce	7603
or a port authority in the county; a local or regional community	7604
action representative; and a representative from the county	7605
department of job and family services.	7606

The Governor's Office of Appalachia shall develop guidelines	7607
for the submission and approval of plans, guidelines for quarterly	7608
monitoring and reporting on program activities after funds are	7609
awarded, and any other guidelines necessary for the administration	7610
of the program. The Department of Job and Family Services shall	7611
provide technical assistance and advice to the Governor's Office	7612
of Appalachia to facilitate the administration of the funds. The	7613
Governor's Office of Appalachia shall develop guidelines for the	7614
reallocation of unawarded funds.	7615

Also as a condition on the use of these funds, each county	7616
shall acknowledge that these funds are a one-time allocation, not	7617
intended to fund services beyond June 30, 2003.	7618

In fiscal year 2002, the TANF allocation to each of the	7619
Appalachian counties shall not be less than the TANF allocation	7620
amount for fiscal year 2001, as allocated according to the	7621
methodology set forth in paragraph (I) of rule 5101-6-03 of the	7622
Administrative Code.	7623

The use of these funds shall comply with all TANF	7624
requirements, including reporting requirements and timelines, as	7625
specified in state and federal laws, federal regulations, state	7626
rules, and the Title IV-A state plan.	7627

CENTER FOR FAMILY AND CHILDREN

7628

Of the foregoing appropriation item 600-689, TANF Block	7629
Grant, $150,000 in fiscal year 2002 shall be provided to the	7630
Center for Family and Children.	7631

TANF FAMILY PLANNING

7632

The Director of Budget and Management shall transfer by	7633
intrastate voucher, no later than the fifteenth day of July of	7634
each fiscal year, cash from the General Revenue Fund,	7635
appropriation item 600-410, TANF State, to General Services Fund	7636
5C1 in the Department of Health, in an amount of $250,000 in each	7637
fiscal year for the purpose of family planning services for	7638
children or their families whose income is at or below 200 per	7639
cent of the official poverty guideline.	7640

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

7641

From the foregoing appropriation items 600-410, TANF State;	7642
600-658, Child Support Collections; or 600-689, TANF Block Grant,	7643
or a combination of these appropriation items, no less than	7644
$369,040,735 in each fiscal year shall be allocated to county	7645
departments of job and family services as follows:	7646

Upon the request of the Department of Job and Family	7656
Services, the Director of Budget and Management may seek	7657
Controlling Board approval to increase appropriations in	7658
appropriation item 600-689, TANF Block Grant, provided sufficient	7659
Federal TANF Block Grant funds exist to do so, without any	7660
corresponding decrease in other appropriation items. The	7661
Department of Job and Family Services shall provide the Office of	7662
Budget and Management and the Controlling Board with documentation	7663
to support the need for the increased appropriation.	7664

All transfers of moneys from or charges against TANF Federal	7665
Block Grant awards for use in the Social Services Block Grant or	7666
the Child Care and Development Block Grant from either unobligated	7667
prior year appropriation authority in appropriation item 400-411,	7668
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	7669
from fiscal year 2002 and fiscal year 2003 appropriation authority	7670
in item 600-689, TANF Block Grant, shall be done ten days after	7671
the Department of Job and Family Services gives written notice to	7672
the Office of Budget and Management. The Department of Job and	7673
Family Services shall first provide the Office of Budget and	7674
Management with documentation to support the need for such	7675
transfers or charges for use in the Social Services Block Grant or	7676
in the Child Care and Development Block Grant.	7677

The Department of Job and Family Services shall in each	7678
fiscal year of the biennium transfer the maximum amount of funds	7679
from the federal TANF Block Grant to the federal Social Services	7680
Block Grant as permitted under federal law. Not later than July	7681
15, 2001, the Department of Job and Family Services shall draw	7682
$60,000,000 in receipts from TANF funds that were transferred into	7683
the Social Services Block Grant into State Special Revenue Fund	7684
5Q8, in the Office of Budget and Management. Not later than June	7685
1, 2002, the Director of Budget and Management shall determine the	7686
amount of funds in State Special Revenue Fund 5Q8 that is needed	7687
for the purpose of balancing the General Revenue Fund, and may	7688
transfer that amount to the General Revenue Fund. Not later than	7689
June 1, 2003, the Director of Budget and Management shall	7690
determine the amount of funds in State Special Revenue Fund 5Q8	7691
that is needed for the purpose of balancing the General Revenue	7692
Fund, and may transfer that amount to the General Revenue Fund.	7693
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	7694
2003, shall be transferred not later than June 20, 2003, to Fund	7695
3V6, TANF Block Grant, in the Department of Job and Family	7696
Services.	7697

Before the thirtieth day of September of each fiscal year,	7698
the Department of Job and Family Services shall file claims with	7699
the United States Department of Health and Human Services for	7700
reimbursement for all allowable expenditures for services provided	7701
by the Department of Job and Family Services, or other agencies	7702
that may qualify for Social Services Block Grant funding pursuant	7703
to Title XX of the Social Security Act. The Department of Job and	7704
Family Services shall deposit, into Fund 5E6, State Option Food	7705
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	7706
million, into Fund 3W5, Health Care Services, $500,000, into Fund	7707
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	7708
Connection, $50,000 and deposit in fiscal year 2002, into Fund	7709
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	7710
in the Department of Natural Resources, $7,885,349, and into Fund	7711
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	7712
Grant funds credited to the Social Services Block Grant. In fiscal	7713
year 2003, if, pursuant to federal law, the state is allowed to	7714
transfer up to 10 per cent of the TANF block grant and no less	7715
than $72,796,826 for the purposes of reimbursing allowable	7716
expenditures for services provided by the Department of Job and	7717
Family Services, or other agencies that may qualify for Social	7718
Services Block Grant funding pursuant to Title XX of the Social	7719
Security Act, then the Department of Job and Family Services shall	7720
deposit $6 million into Fund 5E6, State Option Food Stamps, $7.5	7721
million into Fund 5P4 TANF Child Welfare, $897,052 into Fund 3W2,	7722
Title XX Vocational Rehabilitation, and $500,000 into Fund 3W5,	7723
Health Care Services. To the extent that the amount allowed to be	7724
transferred is less than the $72,796,826, then the amounts	7725
deposited into the above funds shall be reduced proportionally. On	7726
verification of the receipt of the above revenue, the funds	7727
provided by these transfers shall be used as follows:	7728

WELLNESS

7764

The foregoing appropriation item 600-690, Wellness, shall be	7765
used by county departments of job and family services for teen	7766
pregnancy prevention programming. Local contracts shall be	7767
developed between county departments of job and family services	7768
and local family and children first councils for the	7769
administration of TANF funding for this program."	7770

Section 69. That existing Section 63.09 of Am. Sub. H.B. 94	7771
of the 124th General Assembly, as most recently amended by Am.	7772
Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.	7773

Section 70. That Section 30 of Am. Sub. H.B. 405 of the 124th	7774
General Assembly be amended to read as follows:	7775

"       Sec. 30. TRANSFERS FROMTO THE BUDGET STABILIZATION FUND

7776

Within ten working days after the end of fiscal year 2003,	7777
the Director of Budget and Management shall determine the General	7778
Revenue Fund tax revenues for fiscal year 2003. If the director	7779
finds that the tax revenues are greater than $17,037,900,000	7780
$17,263,500,000, the director shall transfer the amount that is in	7781
excess of $17,037,900,000$17,263,500,000 from the General Revenue	7782
Fund to the Budget Stabilization Fund."	7783

Section 71. That existing Section 30 of Am. Sub. H.B. 405 of	7784
the 124th General Assembly is hereby repealed.	7785

Section 72. Except as otherwise specifically provided in this	7786
act, the codified and uncodified sections of law amended or	7787
enacted by this act, and the items of law of which the codified	7788
and uncodified sections of law amended or enacted by this act are	7789
composed, are subject to the referendum. Therefore, under Ohio	7790
Constitution, Article II, Section 1c and section 1.471 of the	7791
Revised Code, the codified and uncodified sections of law amended	7792
or enacted by this act, and the items of law of which the codified	7793
and uncodified sections amended or enacted by this act are	7794
composed, take effect on the ninety-first day after this act is	7795
filed with the Secretary of State. If, however, a referendum	7796
petition is filed against any such codified or uncodified section	7797
of law as amended or enacted by this act, or against any item of	7798
law of which any such codified or uncodified section of law as	7799
amended or enacted by this act is composed, the codified or	7800
uncodified section of law as amended or enacted, or item of law,	7801
unless rejected at the referendum, takes effect at the earliest	7802
time permitted by law.	7803

Section 73. The amendments by this act to Sections 13, 13.01,	7804
13.05, 13.12, 32, 45, 56.01, and 63.09 of Am. Sub. H.B. 94 of the	7805
124th General Assembly are not subject to the referendum.	7806
Therefore, under Ohio Constitution, Article II, Section 1d and	7807
section 1.471 of the Revised Code, the amendments go into	7808
immediate effect when this act becomes law.	7809

Section 74. The amendment by this act to Section 30 of Am.	7810
Sub. H.B. 405 of the 124th General Assembly is not subject to the	7811
referendum. Therefore, under Ohio Constitution, Article II,	7812
Section 1d and section 1.471 of the Revised Code, the amendment	7813
goes into immediate effect when this act becomes law.	7814

Section 75. Section 55 of this act is not subject to the	7815
referendum. Therefore, under Ohio Constitution, Article II,	7816
Section 1d and section 1.471 of the Revised Code, the section goes	7817
into immediate effect when this act becomes law.	7818

Section 76. Section 2921.42 of the Revised Code is presented	7819
in this act as a composite of the section as amended by both Sub.	7820
H.B. 150 and Am. Sub. H.B. 285 of the 120th General Assembly. The	7821
General Assembly, applying the principle stated in division (B) of	7822
section 1.52 of the Revised Code that amendments are to be	7823
harmonized if reasonably capable of simultaneous operation, finds	7824
that the composite is the resulting version of the section in	7825
effect prior to the effective date of the section as presented in	7826
this act.	7827

Section 77. If any item of law that constitutes the whole or	7828
part of a codified or uncodified section of law contained in this	7829
act, or if any application of any item of law that constitutes the	7830
whole or part of a codified or uncodified section of law contained	7831
in this act, is held invalid, the invalidity does not affect other	7832
items of law or applications of items of law that can be given	7833
effect without the invalid item of law or application. To this	7834
end, the items of law of which the codified and uncodified	7835
sections of law contained in this act are composed, and their	7836
applications, are independent and severable.	7837