SENATOR Carnes

To amend sections 105.41, 133.06, 135.18, 135.181,

1

151.01, 151.09, 151.40, 175.03, 727.01, 3318.03,

2

3318.04, 3318.05, 3318.06, 3318.061, 3318.08,

3

3318.084, 3318.11, 3318.36, 3318.362, 3318.363,

4

3318.38, 3333.17, 3345.05, 5705.19, 5705.218,

5

5709.081, 5709.82, 5739.01, and 5741.01 and to

6

enact sections 3311.25, 3318.023, 3318.056,

7

3318.062, and 3702.5213 of the Revised Code and to

8

amend Sections 4.03 and 5.04 of Sub. H.B. 73 of the

9

124th General Assembly, Sections 13, 13.01, 13.05,

10

13.12, and 69 of Am. Sub. H.B. 94 of the 124th

11

General Assembly, Sections 32, 45, 56.01, and 63.09

12

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

13

as subsequently amended, and Section 30 of Am. Sub.

14

H.B. 405 of the 124th General Assembly to modify

15

conditions for the operation of state programs, to

16

make certain supplemental and capital

17

appropriations, and to make capital

18

reappropriations for the biennium ending June 30,

19

2004.

20

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

Section 1. That sections 105.41, 133.06, 135.18, 135.181,	21
151.01, 151.09, 151.40, 175.03, 727.01, 3318.03, 3318.04,	22
3318.05, 3318.06, 3318.061, 3318.08, 3318.084, 3318.11, 3318.36,	23
3318.362, 3318.363, 3318.38, 3333.17, 3345.05, 5705.19, 5705.218,	24
5709.081, 5709.82, 5739.01, and 5741.01 be amended and sections	25
3311.25, 3318.023, 3318.056, 3318.062, and 3702.5213 of the	26
Revised Code be enacted to read as follows:	27

Sec. 105.41.  (A) There is hereby created the capitol square	28
review and advisory board, consisting of nineeleven members as	29
follows:	30

(1) Two members of the senate, appointed by the president of	31
the senate, both of whom shall not be members of the same	32
political party;	33

(2) Two members of the house of representatives, appointed	34
by the speaker of the house of representatives, both of whom shall	35
not be members of the same political party;	36

(3) Five members appointed by the governor, with the advice	37
and consent of the senate, not more than three of whom shall be	38
members of the same political party, one of whom shall represent	39
the office of the state architect and engineer, one of whom shall	40
represent the Ohio arts council, one of whom shall represent the	41
Ohio historical society, one of whom shall represent the Ohio	42
building authority, and one of whom shall represent the public at	43
large;	44

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

(5) One member, who shall be a former speaker of the house	51
of representatives, appointed by the current speaker of the house	52
of representatives. If the current speaker of the house of	53
representatives, in the current speaker's discretion, decides for	54
any reason not to make the appointment or if no person is eligible	55
or available to serve, the seat shall remain vacant.	56

(B) Terms of office of each appointed member of the board	57
shall be for three years, except that members of the general	58
assembly appointed to the board shall be members of the board only	59
so long as they are members of the general assembly. Each member	60
shall hold office from the date of the member's appointment until	61
the end of the term for which the member was appointed. In case	62
of a vacancy occurring on the board, the president of the senate,	63
the speaker of the house of representatives, or the governor, as	64
the case may be, shall in the same manner prescribed for the	65
regular appointment to the commission, fill the vacancy by	66
appointing a member. Any member appointed to fill a vacancy	67
occurring prior to the expiration of the term for which the	68
member's predecessor was appointed shall hold office for the	69
remainder of the term. Any member shall continue in office	70
subsequent to the expiration date of the member's term until the	71
member's successor takes office, or until a period of sixty days	72
has elapsed, whichever occurs first.	73

(C) The board shall hold meetings in a manner and at times	74
prescribed by the rules adopted by the board. A majority of the	75
board constitutes a quorum, and no action shall be taken by the	76
board unless approved by at least five voting members or by at	77
least six voting members if a person is appointed under division	78
(A)(4) or (5) of this section. At its first meeting, the board	79
shall adopt rules for the conduct of its business and the election	80
of its officers, and shall organize by selecting a chairperson and	81
other officers as it considers necessary. Board members shall	82
serve without compensation but shall be reimbursed for actual and	83
necessary expenses incurred in the performance of their duties.	84

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

85

(1) Employ or hire on a consulting basis professional,	86
technical, and clerical employees as are necessary for the	87
performance of its duties;	88

(2) Hold public hearings at times and places as determined	89
by the board;	90

(3) Adopt, amend, or rescind rules necessary to accomplish	91
the duties of the board as set forth in this section;	92

(4) Sponsor, conduct, and support such social events as the	93
board may authorize and consider appropriate for the employees of	94
the board, employees and members of the general assembly,	95
employees of persons under contract with the board or otherwise	96
engaged to perform services on the premises of capitol square, or	97
other persons as the board may consider appropriate. Subject to	98
the requirements of Chapter 4303. of the Revised Code, the board	99
may provide beer, wine, and intoxicating liquor, with or without	100
charge, for those events and may use funds only from the sale of	101
goods and services fund to purchase the beer, wine, and	102
intoxicating liquor the board provides.	103

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

104

(1) Have sole authority to coordinate and approve any	105
improvements, additions, and renovations that are made to the	106
capitol square. The improvements shall include, but not be	107
limited to, the placement of monuments and sculpture on the	108
capitol grounds.	109

(2) Subject to section 3353.07 of the Revised Code, operate	110
the capitol square, and have sole authority to regulate all uses	111
of the capitol square. The uses shall include, but not be limited	112
to, the casual and recreational use of the capitol square.	113

(3) Employ, fix the compensation of, and prescribe the	114
duties of the executive director of the board and other employees	115
the board considers necessary for the performance of its powers	116
and duties;	117

(4) Establish and maintain the capitol collection trust. The	118
capitol collection trust shall consist of furniture, antiques, and	119
other items of personal property that the board shall store in	120
suitable facilities until they are ready to be placed in the	121
capitol square.	122

(5) Perform repair, construction, contracting, purchasing,	123
maintenance, supervisory, and operating activities the board	124
determines are necessary for the operation and maintenance of the	125
capitol square;	126

(6) Maintain and preserve the capitol square, in accordance	127
with guidelines issued by the United States secretary of the	128
interior for application of the secretary's standards for	129
rehabilitation adopted in 36 C.F.R. part 67.	130

(F)(1) The board shall lease capital facilities improved or	131
financed by the Ohio building authority pursuant to Chapter 152.	132
of the Revised Code for the use of the board, and may enter into	133
any other agreements with the authority ancillary to improvement,	134
financing, or leasing of those capital facilities, including, but	135
not limited to, any agreement required by the applicable bond	136
proceedings authorized by Chapter 152. of the Revised Code. Any	137
lease of capital facilities authorized by this section shall be	138
governed by division (D) of section 152.24 of the Revised Code.	139

(2) Fees, receipts, and revenues received by the board from	140
the state underground parking garage constitute available receipts	141
as defined in section 152.09 of the Revised Code, and may be	142
pledged to the payment of bond service charges on obligations	143
issued by the Ohio building authority pursuant to Chapter 152. of	144
the Revised Code to improve or finance capital facilities useful	145
to the board. The authority may, with the consent of the board,	146
provide in the bond proceedings for a pledge of all or a portion	147
of those fees, receipts, and revenues as the authority	148
determines. The authority may provide in the bond proceedings or	149
by separate agreement with the board for the transfer of those	150
fees, receipts, and revenues to the appropriate bond service fund	151
or bond service reserve fund as required to pay the bond service	152
charges when due, and any such provision for the transfer of	153
those fees, receipts, and revenues shall be controlling	154
notwithstanding any other provision of law pertaining to those	155
fees, receipts, and revenues.	156

(3) All moneys received by the treasurer of state on account	157
of the board and required by the applicable bond proceedings or by	158
separate agreement with the board to be deposited, transferred, or	159
credited to the bond service fund or bond service reserve fund	160
established by the bond proceedings shall be transferred by the	161
treasurer of state to such fund, whether or not it is in the	162
custody of the treasurer of state, without necessity for further	163
appropriation, upon receipt of notice from the Ohio building	164
authority as prescribed in the bond proceedings.	165

(G) All fees, receipts, and revenues received by the board	166
from the state underground parking garage shall be deposited into	167
the state treasury to the credit of the underground parking garage	168
operating fund, which is hereby created, to be used for the	169
purposes specified in division (F) of this section and for the	170
operation and maintenance of the garage. All investment earnings	171
of the fund shall be credited to the fund.	172

(H) All donations received by the board shall be deposited	173
into the state treasury to the credit of the capitol square	174
renovation gift fund, which is hereby created. The fund shall be	175
used by the board as follows:	176

(1) To provide part or all of the funding related to	177
construction, goods, or services for the renovation of the capitol	178
square;	179

(2) To purchase art, antiques, and artifacts for display at	180
the capitol square;	181

(3) To award contracts or make grants to organizations for	182
educating the public regarding the historical background and	183
governmental functions of the capitol square. Chapters 125.,	184
127., and 153. and section 3517.13 of the Revised Code do not	185
apply to purchases made exclusively from the fund, notwithstanding	186
anything to the contrary in those chapters or that section. All	187
investment earnings of the fund shall be credited to the fund.	188

(I) Except as provided in divisions (G), (H), and (J) of	189
this section, all fees, receipts, and revenues received by the	190
board shall be deposited into the state treasury to the credit of	191
the sale of goods and services fund, which is hereby created.	192
Money credited to the fund shall be used solely to pay costs of	193
the board other than those specified in divisions (F) and (G) of	194
this section. All investment earnings of the fund shall be	195
credited to the fund.	196

(J) There is hereby created in the state treasury the	197
capitol square improvement fund, to be used by the board to pay	198
construction, renovation, and other costs related to the capitol	199
square for which money is not otherwise available to the board.	200
Whenever the board determines that there is a need to incur those	201
costs and that the unencumbered, unobligated balance to the credit	202
of the underground parking garage operating fund exceeds the	203
amount needed for the purposes specified in division (F) of this	204
section and for the operation and maintenance of the garage, the	205
board may request the director of budget and management to	206
transfer from the underground parking garage operating fund to the	207
capitol square improvement fund the amount needed to pay such	208
construction, renovation, or other costs. The director then shall	209
transfer the amount needed from the excess balance of the	210
underground parking garage operating fund.	211

(K) As the operation and maintenance of the capitol square	212
constitute essential government functions of a public purpose, the	213
board shall not be required to pay taxes or assessments upon the	214
square, upon any property acquired or used by the board under	215
this section, or upon any income generated by the operation of the	216
square.	217

(L) As used in this section, "capitol square" means the	218
capitol building, senate building, capitol atrium, capitol	219
grounds, and the state underground parking garage.	220

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

221

Sec. 133.06.  (A) A school district shall not incur, without	222
a vote of the electors, net indebtedness that exceeds an amount	223
equal to one-tenth of one per cent of its tax valuation, except as	224
provided in divisions (G) and (H) of this section and in division	225
(C) of section 3313.372 of the Revised Code, or as prescribed in	226
section 3318.052 of the Revised Code, or as provided in division	227
(J) of this section.	228

(B) Except as provided in divisions (E), (F), and (I) of	229
this section, a school district shall not incur net indebtedness	230
that exceeds an amount equal to nine per cent of its tax	231
valuation.	232

(C) A school district shall not submit to a vote of the	233
electors the question of the issuance of securities in an amount	234
that will make the district's net indebtedness after the issuance	235
of the securities exceed an amount equal to four per cent of its	236
tax valuation, unless the superintendent of public instruction,	237
acting under policies adopted by the state board of education, and	238
the tax commissioner, acting under written policies of the	239
commissioner, consent to the submission. A request for the	240
consents shall be made at least thirty days prior to the election	241
at which the question is to be submitted, except that the	242
superintendent of public instruction and the tax commissioner may	243
waive this thirty-day deadline or grant their consents after the	244
election if the school district shows good cause for such waiver	245
or consent after the election.	246

(D) In calculating the net indebtedness of a school	247
district, none of the following shall be considered:	248

(1) Securities issued to acquire school buses and other	249
equipment used in transporting pupils or issued pursuant to	250
division (D) of section 133.10 of the Revised Code;	251

(2) Securities issued under division (F) of this section,	252
under section 133.301 of the Revised Code, and, to the extent in	253
excess of the limitation stated in division (B) of this section,	254
under division (E) of this section;	255

(3) Indebtedness resulting from the dissolution of a joint	256
vocational school district under section 3311.217 of the Revised	257
Code, evidenced by outstanding securities of that joint vocational	258
school district;	259

(4) Loans, evidenced by any securities, received under	260
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	261
Revised Code;	262

(5) Debt incurred under section 3313.374 of the Revised	263
Code;	264

(6) Debt incurred pursuant to division (B)(5) of section	265
3313.37 of the Revised Code to acquire computers and related	266
hardware;	267

(7) Debt incurred under section 3318.0413318.042 of the	268
Revised Code.	269

(E) A school district may become a special needs district as	270
to certain securities as provided in division (E) of this section.	271

(1) A board of education, by resolution, may declare its	272
school district to be a special needs district by determining both	273
of the following:	274

(a) The student population is not being adequately serviced	275
by the existing permanent improvements of the district.	276

(b) The district cannot obtain sufficient funds by the	277
issuance of securities within the limitation of division (B) of	278
this section to provide additional or improved needed permanent	279
improvements in time to meet the needs.	280

(2) The board of education shall certify a copy of that	281
resolution to the superintendent of public instruction with a	282
statistical report showing all of the following:	283

(a) A history of and a projection of the growth of the	284
student population;	285

(b) The history of and a projection of the growth of the tax	286
valuation;	287

(c) The projected needs;

288

(d) The estimated cost of permanent improvements proposed to	289
meet such projected needs.	290

(3) The superintendent of public instruction shall certify	291
the district as an approved special needs district if the	292
superintendent finds both of the following:	293

(a) The district does not have available sufficient	294
additional funds from state or federal sources to meet the	295
projected needs.	296

(b) The projection of the potential average growth of tax	297
valuation during the next five years, according to the information	298
certified to the superintendent and any other information the	299
superintendent obtains, indicates a likelihood of potential	300
average growth of tax valuation of the district during the next	301
five years of an average of not less than three per cent per year.	302
The findings and certification of the superintendent shall be	303
conclusive.	304

(4) An approved special needs district may incur net	305
indebtedness by the issuance of securities in accordance with the	306
provisions of this chapter in an amount that does not exceed an	307
amount equal to the greater of the following:	308

(a) Nine per cent of the sum of its tax valuation plus an	309
amount that is the product of multiplying that tax valuation by	310
the percentage by which the tax valuation has increased over the	311
tax valuation on the first day of the sixtieth month preceding the	312
month in which its board determines to submit to the electors the	313
question of issuing the proposed securities;	314

(b) Nine per cent of the sum of its tax valuation plus an	315
amount that is the product of multiplying that tax valuation by	316
the percentage, determined by the superintendent of public	317
instruction, by which that tax valuation is projected to increase	318
during the next ten years.	319

(F) A school district may issue securities for emergency	320
purposes, in a principal amount that does not exceed an amount	321
equal to three per cent of its tax valuation, as provided in this	322
division.	323

(1) A board of education, by resolution, may declare an	324
emergency if it determines both of the following:	325

(a) School buildings or other necessary school facilities in	326
the district have been wholly or partially destroyed, or condemned	327
by a constituted public authority, or that such buildings or	328
facilities are partially constructed, or so constructed or planned	329
as to require additions and improvements to them before the	330
buildings or facilities are usable for their intended purpose, or	331
that corrections to permanent improvements are necessary to remove	332
or prevent health or safety hazards.	333

(b) Existing fiscal and net indebtedness limitations make	334
adequate replacement, additions, or improvements impossible.	335

(2) Upon the declaration of an emergency, the board of	336
education may, by resolution, submit to the electors of the	337
district pursuant to section 133.18 of the Revised Code the	338
question of issuing securities for the purpose of paying the cost,	339
in excess of any insurance or condemnation proceeds received by	340
the district, of permanent improvements to respond to the	341
emergency need.	342

(3) The procedures for the election shall be as provided in	343
section 133.18 of the Revised Code, except that:	344

(a) The form of the ballot shall describe the emergency	345
existing, refer to this division as the authority under which the	346
emergency is declared, and state that the amount of the proposed	347
securities exceeds the limitations prescribed by division (B) of	348
this section;	349

(b) The resolution required by division (B) of section	350
133.18 of the Revised Code shall be certified to the county	351
auditor and the board of elections at least seventy-five days	352
prior to the election;	353

(c) The county auditor shall advise and, not later than	354
sixty-five days before the election, confirm that advice by	355
certification to, the board of education of the information	356
required by division (C) of section 133.18 of the Revised Code;	357

(d) The board of education shall then certify its resolution	358
and the information required by division (D) of section 133.18 of	359
the Revised Code to the board of elections not less than sixty	360
days prior to the election.	361

(4) Notwithstanding division (B) of section 133.21 of the	362
Revised Code, the first principal payment of securities issued	363
under this division may be set at any date not later than sixty	364
months after the earliest possible principal payment otherwise	365
provided for in that division.	366

(G) The board of education may contract with an architect,	367
professional engineer, or other person experienced in the design	368
and implementation of energy conservation measures for an analysis	369
and recommendations pertaining to installations, modifications of	370
installations, or remodeling that would significantly reduce	371
energy consumption in buildings owned by the district. The report	372
shall include estimates of all costs of such installations,	373
modifications, or remodeling, including costs of design,	374
engineering, installation, maintenance, repairs, and debt service,	375
and estimates of the amounts by which energy consumption and	376
resultant operational and maintenance costs, as defined by the	377
Ohio school facilities commission, would be reduced.	378

If the board finds after receiving the report that the amount	379
of money the district would spend on such installations,	380
modifications, or remodeling is not likely to exceed the amount of	381
money it would save in energy and resultant operational and	382
maintenance costs over the ensuing fifteen years, the board may	383
submit to the commission a copy of its findings and a request for	384
approval to incur indebtedness to finance the making or	385
modification of installations or the remodeling of buildings for	386
the purpose of significantly reducing energy consumption.	387

If the commission determines that the board's findings are	388
reasonable, it shall approve the board's request. Upon receipt of	389
the commission's approval, the district may issue securities	390
without a vote of the electors in a principal amount not to exceed	391
nine-tenths of one per cent of its tax valuation for the purpose	392
of making such installations, modifications, or remodeling, but	393
the total net indebtedness of the district without a vote of the	394
electors incurred under this and all other sections of the Revised	395
Code shall not exceed one per cent of the district's tax	396
valuation.	397

So long as any securities issued under division (G) of this	398
section remain outstanding, the board of education shall monitor	399
the energy consumption and resultant operational and maintenance	400
costs of buildings in which installations or modifications have	401
been made or remodeling has been done pursuant to division (G) of	402
this section and shall maintain and annually update a report	403
documenting the reductions in energy consumption and resultant	404
operational and maintenance cost savings attributable to such	405
installations, modifications, or remodeling. The report shall be	406
certified by an architect or engineer independent of any person	407
that provided goods or services to the board in connection with	408
the energy conservation measures that are the subject of the	409
report. The resultant operational and maintenance cost savings	410
shall be certified by the school district treasurer. The report	411
shall be made available to the commission upon request.	412

(H) With the consent of the superintendent of public	413
instruction, a school district may incur without a vote of the	414
electors net indebtedness that exceeds the amounts stated in	415
divisions (A) and (G) of this section for the purpose of paying	416
costs of permanent improvements, if and to the extent that both of	417
the following conditions are satisfied:	418

(1) The fiscal officer of the school district estimates that	419
receipts of the school district from payments made under or	420
pursuant to agreements entered into pursuant to section 725.02,	421
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	422
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	423
Code, or distributions under division (C) of section 5709.43 of	424
the Revised Code, or any combination thereof, are, after	425
accounting for any appropriate coverage requirements, sufficient	426
in time and amount, and are committed by the proceedings, to pay	427
the debt charges on the securities issued to evidence that	428
indebtedness and payable from those receipts, and the taxing	429
authority of the district confirms the fiscal officer's estimate,	430
which confirmation is approved by the superintendent of public	431
instruction;	432

(2) The fiscal officer of the school district certifies, and	433
the taxing authority of the district confirms, that the district,	434
at the time of the certification and confirmation, reasonably	435
expects to have sufficient revenue available for the purpose of	436
operating such permanent improvements for their intended purpose	437
upon acquisition or completion thereof, and the superintendent of	438
public instruction approves the taxing authority's confirmation.	439

The maximum maturity of securities issued under division (H)	440
of this section shall be the lesser of twenty years or the maximum	441
maturity calculated under section 133.20 of the Revised Code.	442

(I) A school district may incur net indebtedness by the	443
issuance of securities in accordance with the provisions of this	444
chapter in excess of the limit specified in division (B) or (C) of	445
this section when necessary to raise the school district portion	446
of the basic project cost pursuant to Chapter 3318. of the Revised	447
Code. The school facilities commission shall notify the	448
superintendent of public instruction whenever a school district	449
will exceed the nine per centeither limit pursuant to this	450
division.	451

(J) A school district whose portion of the basic project	452
cost of its classroom facilities project under sections 3318.01 to	453
3318.20 of the Revised Code is greater than or equal to one	454
hundred million dollars may incur without a vote of the electors	455
net indebtedness in an amount up to two per cent of its tax	456
valuation through the issuance of general obligation securities in	457
order to generate all or part of the amount of its portion of the	458
basic project cost if the controlling board has approved the	459
school facilities commission's conditional approval of the project	460
under section 3318.04 of the Revised Code. The school district	461
board and the Ohio school facilities commission shall include the	462
dedication of the proceeds of such securities in the agreement	463
entered into under section 3318.08 of the Revised Code. No state	464
moneys shall be released for a project to which this section	465
applies until the proceeds of any bonds issued under this section	466
that are dedicated for the payment of the school district portion	467
of the project are first deposited into the school district's	468
project construction fund.	469

Sec. 135.18.  (A) The treasurer, before making the initial	470
deposit in a public depository pursuant to an award made under	471
sections 135.01 to 135.21 of the Revised Code, shall require the	472
institution designated as a public depository to pledge to and	473
deposit with the treasurer, as security for the repayment of all	474
public moneys to be deposited in the public depository during the	475
period of designation pursuant to the award, eligible securities	476
of aggregate market value equal to the excess of the amount of	477
public moneys to be at the time so deposited, over and above such	478
portion or amount of such moneys as is at such time insured by the	479
federal deposit insurance corporation or by any other agency or	480
instrumentality of the federal government. In the case of any	481
deposit other than the initial deposit made during the period of	482
designation, the amount of the aggregate market value of	483
securities required to be pledged and deposited shall be equal to	484
the difference between the amount of public moneys on deposit in	485
such public depository plus the amount to be so deposited, minus	486
the portion or amount of the aggregate as is at the time insured	487
as provided in this section. The treasurer may require additional	488
eligible securities to be deposited to provide for any	489
depreciation which may occur in the market value of any of the	490
securities so deposited.	491

(B) The following securities shall be eligible for the	492
purposes of this section:	493

(1) Bonds, notes, or other obligations of the United States;	494
or bonds, notes, or other obligations guaranteed as to principal	495
and interest by the United States or those for which the faith of	496
the United States is pledged for the payment of principal and	497
interest thereon, by language appearing in the instrument	498
specifically providing such guarantee or pledge and not merely by	499
interpretation or otherwise;	500

(2) Bonds, notes, debentures, letters of credit, or other	501
obligations or securities issued by any federal government agency	502
or instrumentality, or the export-import bank of Washington;	503
bonds, notes, or other obligations guaranteed as to principal and	504
interest by the United States or those for which the faith of the	505
United States is pledged for the payment of principal and interest	506
thereon, by interpretation or otherwise and not by language	507
appearing in the instrument specifically providing such guarantee	508
or pledge;	509

(3) Obligations of or fully insured or fully guaranteed by	510
the United States or any federal government agency or	511
instrumentality;	512

(4) Obligations partially insured or partially guaranteed by	513
any federal agency or instrumentality;	514

(5) Obligations of or fully guaranteed by the federal	515
national mortgage association, federal home loan mortgage	516
corporation, federal farm credit bank, or student loan marketing	517
association;	518

(6) Bonds and other obligations of this state;

519

(7) Bonds and other obligations of any county, township,	520
school district, municipal corporation, or other legally	521
constituted taxing subdivision of this state, which is not at the	522
time of such deposit, in default in the payment of principal or	523
interest on any of its bonds or other obligations, for which the	524
full faith and credit of the issuing subdivision is pledged;	525

(8) Bonds of other states of the United States which have	526
not during the ten years immediately preceding the time of such	527
deposit defaulted in payments of either interest or principal on	528
any of their bonds;	529

(9) Shares of no-load money market mutual funds consisting	530
exclusively of obligations described in division (B)(1) or (2) of	531
this section and repurchase agreements secured by such	532
obligations;	533

(10) A surety bond issued by a corporate surety licensed by	534
the state and authorized to issue surety bonds in this state	535
pursuant to Chapter 3929. of the Revised Code, and qualified to	536
provide surety bonds to the federal government pursuant to 96	537
Stat. 1047 (1982), 31 U.S.C.A. 9304.	538

(C) If the public depository fails to pay over any part of	539
the public deposit made therein as provided by law, the treasurer	540
shall sell at public sale any of the bonds or other securities	541
deposited with the treasurer pursuant to this section or section	542
131.09 of the Revised Code, or shall draw on any letter of credit	543
to the extent of such failure to pay. Thirty days' notice of such	544
sale shall be given in a newspaper of general circulation at	545
Columbus, in the case of the treasurer of state, and at the county	546
seat of the county in which the office of the treasurer is	547
located, in the case of any other treasurer. When a sale of bonds	548
or other securities has been so made and upon payment to the	549
treasurer of the purchase money, the treasurer shall transfer such	550
bonds or securities whereupon the absolute ownership of such bonds	551
or securities shall pass to the purchasers. Any surplus remaining	552
after deducting the amount due the state or subdivision and	553
expenses of sale shall be paid to the public depository.	554

(D) An institution designated as a public depository may, by	555
written notice to the treasurer, designate a qualified trustee and	556
deposit the eligible securities required by this section with the	557
trustee for safekeeping for the account of the treasurer and the	558
institution as a public depository, as their respective rights to	559
and interests in such securities under this section may appear and	560
be asserted by written notice to or demand upon the trustee. In	561
such case, the treasurer shall accept the written receipt of the	562
trustee describing the securities which have been deposited with	563
the trustee by the public depository, a copy of which shall also	564
be delivered to the public depository. Thereupon all such	565
securities so deposited with the trustee are deemed to be pledged	566
with the treasurer and to be deposited with the treasurer, for all	567
the purposes of this section.	568

(E) The governing board may make provisions for the exchange	569
and release of securities and the substitution of other eligible	570
securities therefor except where the public depository has	571
deposited eligible securities with a trustee for safekeeping as	572
provided in this section.	573

(F) When the public depository has deposited eligible	574
securities described in division (B)(1) of this section with a	575
trustee for safekeeping, the public depository may at any time	576
substitute or exchange eligible securities described in division	577
(B)(1) of this section having a current market value equal to or	578
greater than the current market value of the securities then on	579
deposit and for which they are to be substituted or exchanged,	580
without specific authorization from any governing board, boards,	581
or treasurer of any such substitution or exchange.	582

(G) When the public depository has deposited eligible	583
securities described in divisions (B)(2) to (9) of this section	584
with a trustee for safekeeping, the public depository may at any	585
time substitute or exchange eligible securities having a current	586
market value equal to or greater than the current market value of	587
the securities then on deposit and for which they are to be	588
substituted or exchanged without specific authorization of any	589
governing board, boards, or treasurer of any such substitution or	590
exchange only if:	591

(1) The treasurer has authorized the public depository to	592
make such substitution or exchange on a continuing basis during a	593
specified period without prior approval of each substitution or	594
exchange. Such authorization may be effected by the treasurer	595
sending to the trustee a written notice stating that substitution	596
may be effected on a continuing basis during a specified period	597
which shall not extend beyond the end of the period of designation	598
during which the notice is given. The trustee may rely upon such	599
notice and upon the period of authorization stated therein and	600
upon the period of designation stated therein.	601

(2) No continuing authorization for substitution has been	602
given by the treasurer, the public depository notifies the	603
treasurer and the trustee of an intended substitution or exchange,	604
and the treasurer fails to object to the trustee as to the	605
eligibility or market value of the securities being substituted	606
within ten calendar days after the date appearing on the notice of	607
proposed substitution. The notice to the treasurer and to the	608
trustee shall be given in writing and delivered personally or by	609
certified or registered mail with a return receipt requested. The	610
trustee may assume in any case that the notice has been delivered	611
to the treasurer. In order for objections of the treasurer to be	612
effective, receipt of the objections must be acknowledged in	613
writing by the trustee.	614

(3) The treasurer gives written authorization for a	615
substitution or exchange of specific securities.	616

(H) The public depository shall notify any governing board,	617
boards, or treasurer of any substitution or exchange under	618
division (G)(1) or (2) of this section. Upon request from the	619
treasurer, the trustee shall furnish a statement of the securities	620
pledged against such public deposits.	621

(I) Any federal reserve bank or branch thereof located in	622
this state or federal home loan bank, without compliance with	623
Chapter 1111. of the Revised Code and without becoming subject to	624
any other law of this state relative to the exercise by	625
corporations of trust powers generally, is qualified to act as	626
trustee for the safekeeping of securities, under this section. Any	627
institution mentioned in section 135.03 of the Revised Code that	628
holds a certificate of qualification issued by the superintendent	629
of financial institutions or any institution complying with	630
sections 1111.04, 1111.05, and 1111.06 of the Revised Code, is	631
qualified to act as trustee for the safekeeping of securities,	632
other than those belonging to itself, under this section. Upon	633
application to the superintendent in writing by any such	634
institution, the superintendent shall investigate the applicant	635
and ascertain whether or not it has been authorized to execute and	636
accept trusts in this state and has safe and adequate vaults and	637
efficient supervision thereof for the storage and safekeeping	638
within this state of such securities. If the superintendent finds	639
that the applicant has been so authorized and does have such	640
vaults and supervision thereof, the superintendent shall approve	641
the application and issue a certificate to that effect, the	642
original or any certified copy of which shall be conclusive	643
evidence that the institution therein named is qualified to act as	644
trustee for the purposes of this section with respect to	645
securities other than those belonging to itself.	646

Notwithstanding the fact that a public depository is required	647
to pledge eligible securities in certain amounts to secure	648
deposits of public moneys, a trustee shall have no duty or	649
obligation to determine the eligibility, market value, or face	650
value of any securities deposited with the trustee by a public	651
depository. This applies in all situations including, without	652
limitation, a substitution or exchange of securities.	653

Any charges or compensation of a designated trustee for	654
acting as such under this section shall be paid by the public	655
depository and in no event shall be chargeable to the state or the	656
subdivision or to the treasurer or to any officer of the state or	657
subdivision. The charges or compensation shall not be a lien or	658
charge upon the securities deposited for safekeeping prior or	659
superior to the rights to and interests in such securities of the	660
state or the subdivision or of the treasurer. The treasurer and	661
the treasurer's bonders or surety shall be relieved from any	662
liability to the state or the subdivision or to the public	663
depository for the loss or destruction of any securities deposited	664
with a qualified trustee pursuant to this section.	665

Sec. 135.181.  (A) As used in this section:

666

(1) "Public depository" means that term as defined in	667
section 135.01 of the Revised Code, but also means an institution	668
which receives or holds any public deposits as defined in section	669
135.31 of the Revised Code.	670

(2) "Public deposits," "public moneys," and "treasurer" mean	671
those terms as defined in section 135.01 of the Revised Code, but	672
also have the same meanings as are set forth in section 135.31 of	673
the Revised Code.	674

(3) "Subdivision" means that term as defined in section	675
135.01 of the Revised Code, but also includes a county.	676

(B) In lieu of the pledging requirements prescribed in	677
sections 135.18 and 135.37 of the Revised Code, an institution	678
designated as a public depository at its option may pledge a	679
single pool of eligible securities to secure the repayment of all	680
public moneys deposited in the institution and not otherwise	681
secured pursuant to law, provided that at all times the total	682
market value of the securities so pledged is at least equal to one	683
hundred five per cent of the total amount of all public deposits	684
to be secured by the pooled securities, including the portion of	685
such deposits covered by any federal deposit insurance. Each such	686
institution shall carry in its accounting records at all times a	687
general ledger or other appropriate account of the total amount of	688
all public deposits to be secured by the pool, as determined at	689
the opening of business each day, and the total market value of	690
securities pledged to secure such deposits.	691

(C) The securities described in division (B) of section	692
135.18 of the Revised Code shall be eligible as collateral for the	693
purposes of division (B) of this section, provided no such	694
securities pledged as collateral are at any time in default as to	695
either principal or interest.	696

(D) The state and each subdivision shall have an undivided	697
security interest in the pool of securities pledged by a public	698
depository pursuant to division (B) of this section in the	699
proportion that the total amount of the state's or subdivision's	700
public moneys secured by the pool bears to the total amount of	701
public deposits so secured.	702

(E) An institution designated as a public depository shall	703
designate a qualified trustee and deposit with the trustee for	704
safekeeping the eligible securities pledged pursuant to division	705
(B) of this section. The institution shall give written notice of	706
the qualified trustee to any treasurer or treasurers depositing	707
public moneys for which such securities are pledged. The	708
treasurer shall accept the written receipt of the trustee	709
describing the pool of securities so deposited by the depository,	710
a copy of which also shall be delivered to the depository.	711

(F) Any federal reserve bank or branch thereof located in	712
this state or federal home loan bank, without compliance with	713
Chapter 1111. of the Revised Code and without becoming subject to	714
any other law of this state relative to the exercise by	715
corporations of trust powers generally, is qualified to act as	716
trustee for the safekeeping of securities, under this section. Any	717
institution mentioned in section 135.03 or 135.32 of the Revised	718
Code which holds a certificate of qualification issued by the	719
superintendent of financial institutions or any institution	720
complying with sections 1111.04, 1111.05, and 1111.06 of the	721
Revised Code is qualified to act as trustee for the safekeeping of	722
securities under this section, other than those belonging to	723
itself or to an affiliate as defined in division (A) of section	724
1101.01 of the Revised Code. Upon application to the	725
superintendent in writing by any such institution, the	726
superintendent shall investigate the applicant and ascertain	727
whether or not it has been authorized to execute and accept trusts	728
in this state and has safe and adequate vaults and efficient	729
supervision thereof for the storage and safekeeping of such	730
securities. If the superintendent finds that the applicant has	731
been so authorized and does have such vaults and supervision	732
thereof, the superintendent shall approve the application and	733
issue a certificate to that effect, the original or any certified	734
copy of which shall be conclusive evidence that the institution	735
named therein is qualified to act as trustee for the purposes of	736
this section with respect to securities other than those belonging	737
to itself or to an affiliate.	738

(G) The public depository at any time may substitute,	739
exchange, or release eligible securities deposited with a	740
qualified trustee pursuant to this section, provided that such	741
substitution, exchange, or release does not reduce the total	742
market value of the securities to an amount that is less than one	743
hundred five per cent of the total amount of public deposits as	744
determined pursuant to division (B) of this section.	745

(H) Notwithstanding the fact that a public depository is	746
required to pledge eligible securities in certain amounts to	747
secure deposits of public moneys, a trustee shall have no duty or	748
obligation to determine the eligibility, market value, or face	749
value of any securities deposited with the trustee by a public	750
depository. This applies in all situations including, but not	751
limited to, a substitution or exchange of securities, but	752
excluding those situations effectuated by division (I) of this	753
section in which the trustee is required to determine face and	754
market value.	755

(I) If the public depository fails to pay over any part of	756
the public deposits made therein as provided by law and secured	757
pursuant to division (B) of this section, the treasurer shall give	758
written notice of this failure to the qualified trustee holding	759
the pool of securities pledged against public moneys deposited in	760
the depository, and at the same time shall send a copy of this	761
notice to the depository. Upon receipt of such notice, the	762
trustee shall transfer to the treasurer for public sale such of	763
the pooled securities as may be necessary to produce an amount	764
equal to the deposits made by the treasurer and not paid over,	765
less the portion of such deposits covered by any federal deposit	766
insurance, plus any accrued interest due on such deposits;	767
however, the amount shall not exceed the state's or subdivision's	768
proportional security interest in the market value of the pool as	769
of the date of the depository's failure to pay over the deposits,	770
as such interest and value are determined by the trustee. The	771
treasurer shall sell at public sale any of the bonds or other	772
securities so transferred. Thirty days' notice of such sale shall	773
be given in a newspaper of general circulation at Columbus, in the	774
case of the treasurer of state, and at the county seat of the	775
county in which the office of the treasurer is located, in the	776
case of any other treasurer. When a sale of bonds or other	777
securities has been so made and upon payment to the treasurer of	778
the purchase money, the treasurer shall transfer such bonds or	779
securities whereupon the absolute ownership of such bonds or	780
securities shall pass to the purchasers. Any surplus after	781
deducting the amount due the state or subdivision and expenses of	782
sale shall be paid to the public depository.	783

(J) Any charges or compensation of a designated trustee for	784
acting as such under this section shall be paid by the public	785
depository and in no event shall be chargeable to the state or	786
subdivision or to the treasurer or to any officer of the state or	787
subdivision. The charges or compensation shall not be a lien or	788
charge upon the securities deposited for safekeeping prior or	789
superior to the rights to and interests in such securities of the	790
state or subdivision or of the treasurer. The treasurer and the	791
treasurer's bonders or surety shall be relieved from any liability	792
to the state or subdivision or to the public depository for the	793
loss or destruction of any securities deposited with a qualified	794
trustee pursuant to this section.	795

(K) In lieu of placing its unqualified endorsement on each	796
security, a public depository pledging securities pursuant to	797
division (B) of this section that are not negotiable without its	798
endorsement or assignment may furnish to the qualified trustee	799
holding the securities an appropriate resolution and irrevocable	800
power of attorney authorizing the trustee to assign the	801
securities. The resolution and power of attorney shall conform to	802
such terms and conditions as the trustee prescribes.	803

(L) Upon request of a treasurer no more often than four	804
times per year, a public depository shall report the amount of	805
public moneys deposited by the treasurer and secured pursuant to	806
division (B) of this section, and the total market value of the	807
pool of securities pledged to secure public moneys held by the	808
depository, including those deposited by the treasurer. Upon	809
request of a treasurer no more often than four times per year, a	810
qualified trustee shall report the total market value of the pool	811
of securities deposited with it by the depository and shall	812
provide an itemized list of the securities in the pool. These	813
reports shall be made as of the date the treasurer specifies.	814

Sec. 151.01.  (A) As used in sections 151.01 to 151.09 and	815
151.40 of the Revised Code and in the applicable bond proceedings	816
unless otherwise provided:	817

(1) "Bond proceedings" means the resolutions, orders,	818
agreements, and credit enhancement facilities, and amendments and	819
supplements to them, or any one or more or combination of them,	820
authorizing, awarding, or providing for the terms and conditions	821
applicable to or providing for the security or liquidity of, the	822
particular obligations, and the provisions contained in those	823
obligations.	824

(2) "Bond service fund" means the respective bond service	825
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	826
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	827
that fund, including all moneys and investments, and earnings from	828
investments, credited and to be credited to that fund and accounts	829
as and to the extent provided in the applicable bond proceedings.	830

(3) "Capital facilities" means capital facilities or projects	831
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	832
151.08, 151.09, or 151.40 of the Revised Code.	833

(4) "Costs of capital facilities" means the costs of	834
acquiring, constructing, reconstructing, rehabilitating,	835
remodeling, renovating, enlarging, improving, equipping, or	836
furnishing capital facilities, and of the financing of those	837
costs. "Costs of capital facilities" includes, without limitation,	838
and in addition to costs referred to in section 151.03, 151.04,	839
151.05, 151.06, 151.07, 151.08, 151.09, or 151.40 of the Revised	840
Code, the cost of clearance and preparation of the site and of any	841
land to be used in connection with capital facilities, the cost of	842
any indemnity and surety bonds and premiums on insurance, all	843
related direct administrative expenses and allocable portions of	844
direct costs of the issuing authority, costs of engineering and	845
architectural services, designs, plans, specifications, surveys,	846
and estimates of cost, financing costs, interest on obligations	847
from their date to the time when interest is to be paid from	848
sources other than proceeds of obligations, amounts necessary to	849
establish any reserves as required by the bond proceedings, the	850
reimbursement of all moneys advanced or applied by or borrowed	851
from any person or governmental agency or entity for the payment	852
of any item of costs of capital facilities, and all other expenses	853
necessary or incident to planning or determining feasibility or	854
practicability with respect to capital facilities, and such other	855
expenses as may be necessary or incident to the acquisition,	856
construction, reconstruction, rehabilitation, remodeling,	857
renovation, enlargement, improvement, equipment, and furnishing of	858
capital facilities, the financing of those costs, and the placing	859
of the capital facilities in use and operation, including any one,	860
part of, or combination of those classes of costs and expenses.	861

(5) "Credit enhancement facilities," "financing costs," and	862
"interest" or "interest equivalent" have the same meanings as in	863
section 133.01 of the Revised Code.	864

(6) "Debt service" means principal, including any mandatory	865
sinking fund or redemption requirements for retirement of	866
obligations, interest and other accreted amounts, interest	867
equivalent, and any redemption premium, payable on obligations.	868
If not prohibited by the applicable bond proceedings, debt service	869
includes costs relating to credit enhancement facilities that are	870
related to and represent, or are intended to provide a source of	871
payment of or limitation on, other debt service.	872

(7) "Issuing authority" means the Ohio public facilities	873
commission created in section 151.02 of the Revised Code for	874
obligations issued under section 151.03, 151.04, 151.05, 151.07,	875
or 151.09 of the Revised Code, or the treasurer of state, or the	876
officer who by law performs the functions of that office, for	877
obligations issued under section 151.06, 151.08, or 151.40 of the	878
Revised Code.	879

(8) "Net proceeds" means amounts received from the sale of	880
obligations, excluding amounts used to refund or retire	881
outstanding obligations, amounts required to be deposited into	882
special funds pursuant to the applicable bond proceedings, and	883
amounts to be used to pay financing costs.	884

(9) "Obligations" means bonds, notes, or other evidences of	885
obligation of the state, including any appertaining interest	886
coupons, issued pursuant to sections 151.01 to 151.09 or 151.40	887
of the Revised Code.	888

(10) "Principal amount" means the aggregate of the amount as	889
stated or provided for in the applicable bond proceedings as the	890
amount on which interest or interest equivalent on particular	891
obligations is initially calculated. Principal amount does not	892
include any premium paid to the state by the initial purchaser of	893
the obligations. "Principal amount" of a capital appreciation	894
bond, as defined in division (C) of section 3334.01 of the Revised	895
Code, means its face amount, and "principal amount" of a zero	896
coupon bond, as defined in division (J) of section 3334.01 of the	897
Revised Code, means the discounted offering price at which the	898
bond is initially sold to the public, disregarding any purchase	899
price discount to the original purchaser, if provided for pursuant	900
to the bond proceedings.	901

(11) "Special funds" or "funds," unless the context indicates	902
otherwise, means the bond service fund, and any other funds,	903
including any reserve funds, created under the bond proceedings	904
and stated to be special funds in those proceedings, including	905
moneys and investments, and earnings from investments, credited	906
and to be credited to the particular fund. Special funds do not	907
include the school building program assistance fund created by	908
section 3318.25 of the Revised Code, the higher education	909
improvement fund created by division (F) of section 154.21 of the	910
Revised Code, the highway capital improvement bond fund created by	911
section 5528.53 of the Revised Code, the state parks and natural	912
resources fund created by section 1557.02 of the Revised Code, the	913
coal research and development fund created by section 1555.15 of	914
the Revised Code, the clean Ohio conservation fund created by	915
section 164.27 of the Revised Code, the clean Ohio revitalization	916
fund created by section 122.658 of the Revised Code, or other	917
funds created by the bond proceedings that are not stated by those	918
proceedings to be special funds.	919

(B) Subject to Section 2l, 2m, 2n, 2o, or 15, and Section	920
17, of Article VIII, Ohio Constitution, the state, by the issuing	921
authority, is authorized to issue and sell, as provided in	922
sections 151.03 to 151.09 or 151.40 of the Revised Code, and in	923
respective aggregate principal amounts as from time to time	924
provided or authorized by the general assembly, general	925
obligations of this state for the purpose of paying costs of	926
capital facilities or projects identified by or pursuant to	927
general assembly action.	928

(C) Each issue of obligations shall be authorized by	929
resolution or order of the issuing authority. The bond	930
proceedings shall provide for or authorize the manner for	931
determining the principal amount or maximum principal amount of	932
obligations of an issue, the principal maturity or maturities, the	933
interest rate or rates, the date of and the dates of payment of	934
interest on the obligations, their denominations, and the place or	935
places of payment of debt service which may be within or outside	936
the state. Unless otherwise provided by law, the latest principal	937
maturity may not be later than the earlier of the thirty-first day	938
of December of the twenty-fifth calendar year after the year of	939
issuance of the particular obligations or of the twenty-fifth	940
calendar year after the year in which the original obligation to	941
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	942
9.982, and 9.983 of the Revised Code apply to obligations. The	943
purpose of the obligations may be stated in the bond proceedings	944
in general terms, such as, as applicable, "financing or assisting	945
in the financing of projects as provided in Section 2l of Article	946
VIII, Ohio Constitution," "financing or assisting in the financing	947
of highway capital improvement projects as provided in Section 2m	948
of Article VIII, Ohio Constitution," "paying costs of capital	949
facilities for a system of common schools throughout the state as	950
authorized by Section 2n of Article VIII, Ohio Constitution,"	951
"paying costs of capital facilities for state-supported and	952
state-assisted institutions of higher education as authorized by	953
Section 2n of Article VIII, Ohio Constitution," "paying costs of	954
coal research and development as authorized by Section 15 of	955
Article VIII, Ohio Constitution," "financing or assisting in the	956
financing of local subdivision capital improvement projects as	957
authorized by Section 2m of Article VIII, Ohio Constitution,"	958
"paying costs of conservation projects as authorized by Section 2o	959
of Article VIII, Ohio Constitution," or "paying costs of	960
revitalization projects as authorized by Section 2o of Article	961
VIII, Ohio Constitution."	962

(D) The issuing authority may appoint or provide for the	963
appointment of paying agents, bond registrars, securities	964
depositories, clearing corporations, and transfer agents, and may	965
without need for any other approval retain or contract for the	966
services of underwriters, investment bankers, financial advisers,	967
accounting experts, marketing, remarketing, indexing, and	968
administrative agents, other consultants, and independent	969
contractors, including printing services, as are necessary in the	970
judgment of the issuing authority to carry out the issuing	971
authority's functions under this chapter. When the issuing	972
authority is the Ohio public facilities commission, the issuing	973
authority also may without need for any other approval retain or	974
contract for the services of attorneys and other professionals for	975
that purpose. Financing costs are payable, as may be provided in	976
the bond proceedings, from the proceeds of the obligations, from	977
special funds, or from other moneys available for the purpose.	978

(E) The bond proceedings may contain additional provisions	979
customary or appropriate to the financing or to the obligations or	980
to particular obligations including, but not limited to,	981
provisions for:	982

(1) The redemption of obligations prior to maturity at the	983
option of the state or of the holder or upon the occurrence of	984
certain conditions, and at particular price or prices and under	985
particular terms and conditions;	986

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

987

(3) The establishment, deposit, investment, and application	988
of special funds, and the safeguarding of moneys on hand or on	989
deposit, in lieu of the applicability of provisions of Chapter	990
131. or 135. of the Revised Code, but subject to any special	991
provisions of sections 151.01 to 151.09 or 151.40 of the Revised	992
Code with respect to the application of particular funds or	993
moneys. Any financial institution that acts as a depository of	994
any moneys in special funds or other funds under the bond	995
proceedings may furnish indemnifying bonds or pledge securities as	996
required by the issuing authority.	997

(4) Any or every provision of the bond proceedings being	998
binding upon the issuing authority and upon such governmental	999
agency or entity, officer, board, commission, authority, agency,	1000
department, institution, district, or other person or body as may	1001
from time to time be authorized to take actions as may be	1002
necessary to perform all or any part of the duty required by the	1003
provision;	1004

(5) The maintenance of each pledge or instrument comprising	1005
part of the bond proceedings until the state has fully paid or	1006
provided for the payment of the debt service on the obligations or	1007
met other stated conditions;	1008

(6) In the event of default in any payments required to be	1009
made by the bond proceedings, or by any other agreement of the	1010
issuing authority made as part of a contract under which the	1011
obligations were issued or secured, including a credit enhancement	1012
facility, the enforcement of those payments by mandamus, a suit in	1013
equity, an action at law, or any combination of those remedial	1014
actions;	1015

(7) The rights and remedies of the holders or owners of	1016
obligations or of book-entry interests in them, and of third	1017
parties under any credit enhancement facility, and provisions for	1018
protecting and enforcing those rights and remedies, including	1019
limitations on rights of individual holders or owners;	1020

(8) The replacement of mutilated, destroyed, lost, or stolen	1021
obligations;	1022

(9) The funding, refunding, or advance refunding, or other	1023
provision for payment, of obligations that will then no longer be	1024
outstanding for purposes of this section or of the applicable bond	1025
proceedings;	1026

(10) Amendment of the bond proceedings;

1027

(11) Any other or additional agreements with the owners of	1028
obligations, and such other provisions as the issuing authority	1029
determines, including limitations, conditions, or qualifications,	1030
relating to any of the foregoing.	1031

(F) The great seal of the state or a facsimile of it may be	1032
affixed to or printed on the obligations. The obligations	1033
requiring execution by or for the issuing authority shall be	1034
signed as provided in the bond proceedings. Any obligations may	1035
be signed by the individual who on the date of execution is the	1036
authorized signer although on the date of these obligations that	1037
individual is not an authorized signer. In case the individual	1038
whose signature or facsimile signature appears on any obligation	1039
ceases to be an authorized signer before delivery of the	1040
obligation, that signature or facsimile is nevertheless valid and	1041
sufficient for all purposes as if that individual had remained the	1042
authorized signer until delivery.	1043

(G) Obligations are investment securities under Chapter	1044
1308. of the Revised Code. Obligations may be issued in bearer or	1045
in registered form, registrable as to principal alone or as to	1046
both principal and interest, or both, or in certificated or	1047
uncertificated form, as the issuing authority determines.	1048
Provision may be made for the exchange, conversion, or transfer of	1049
obligations and for reasonable charges for registration, exchange,	1050
conversion, and transfer. Pending preparation of final	1051
obligations, the issuing authority may provide for the issuance of	1052
interim instruments to be exchanged for the final obligations.	1053

(H) Obligations may be sold at public sale or at private	1054
sale, in such manner, and at such price at, above or below par,	1055
all as determined by and provided by the issuing authority in the	1056
bond proceedings.	1057

(I) Except to the extent that rights are restricted by the	1058
bond proceedings, any owner of obligations or provider of a credit	1059
enhancement facility may by any suitable form of legal proceedings	1060
protect and enforce any rights relating to obligations or that	1061
facility under the laws of this state or granted by the bond	1062
proceedings. Those rights include the right to compel the	1063
performance of all applicable duties of the issuing authority and	1064
the state. Each duty of the issuing authority and that	1065
authority's officers, staff, and employees, and of each state	1066
entity or agency, or using district or using institution, and its	1067
officers, members, staff, or employees, undertaken pursuant to the	1068
bond proceedings, is hereby established as a duty of the entity or	1069
individual having authority to perform that duty, specifically	1070
enjoined by law and resulting from an office, trust, or station	1071
within the meaning of section 2731.01 of the Revised Code. The	1072
individuals who are from time to time the issuing authority,	1073
members or officers of the issuing authority, or those members'	1074
designees acting pursuant to section 154.02 of the Revised Code,	1075
or the issuing authority's officers, staff, or employees, are not	1076
liable in their personal capacities on any obligations or	1077
otherwise under the bond proceedings.	1078

(J)(1) Subject to Section 2l, 2m, 2n, 2o, or 15, and	1079
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1080
to 151.09 or 151.40 of the Revised Code, the issuing authority	1081
may, in addition to the authority referred to in division (B) of	1082
this section, authorize and provide for the issuance of:	1083

(a) Obligations in the form of bond anticipation notes, and	1084
may provide for the renewal of those notes from time to time by	1085
the issuance of new notes. The holders of notes or appertaining	1086
interest coupons have the right to have debt service on those	1087
notes paid solely from the moneys and special funds that are or	1088
may be pledged to that payment, including the proceeds of bonds or	1089
renewal notes or both, as the issuing authority provides in the	1090
bond proceedings authorizing the notes. Notes may be additionally	1091
secured by covenants of the issuing authority to the effect that	1092
the issuing authority and the state will do all things necessary	1093
for the issuance of bonds or renewal notes in such principal	1094
amount and upon such terms as may be necessary to provide moneys	1095
to pay when due the debt service on the notes, and apply their	1096
proceeds to the extent necessary, to make full and timely payment	1097
of debt service on the notes as provided in the applicable bond	1098
proceedings. In the bond proceedings authorizing the issuance of	1099
bond anticipation notes the issuing authority shall set forth for	1100
the bonds anticipated an estimated schedule of annual principal	1101
payments the latest of which shall be no later than provided in	1102
division (C) of this section. While the notes are outstanding	1103
there shall be deposited, as shall be provided in the bond	1104
proceedings for those notes, from the sources authorized for	1105
payment of debt service on the bonds, amounts sufficient to pay	1106
the principal of the bonds anticipated as set forth in that	1107
estimated schedule during the time the notes are outstanding,	1108
which amounts shall be used solely to pay the principal of those	1109
notes or of the bonds anticipated.	1110

(b) Obligations for the refunding, including funding and	1111
retirement, and advance refunding with or without payment or	1112
redemption prior to maturity, of any obligations previously	1113
issued. Refunding obligations may be issued in amounts sufficient	1114
to pay or to provide for repayment of the principal amount,	1115
including principal amounts maturing prior to the redemption of	1116
the remaining prior obligations, any redemption premium, and	1117
interest accrued or to accrue to the maturity or redemption date	1118
or dates, payable on the prior obligations, and related financing	1119
costs and any expenses incurred or to be incurred in connection	1120
with that issuance and refunding. Subject to the applicable bond	1121
proceedings, the portion of the proceeds of the sale of refunding	1122
obligations issued under division (J)(1)(b) of this section to be	1123
applied to debt service on the prior obligations shall be credited	1124
to an appropriate separate account in the bond service fund and	1125
held in trust for the purpose by the issuing authority or by a	1126
corporate trustee. Obligations authorized under this division	1127
shall be considered to be issued for those purposes for which the	1128
prior obligations were issued.	1129

(2) Except as otherwise provided in sections 151.01 to	1130
151.09 or 151.40 of the Revised Code, bonds or notes authorized	1131
pursuant to division (J) of this section are subject to the	1132
provisions of those sections pertaining to obligations generally.	1133

(3) The principal amount of refunding or renewal obligations	1134
issued pursuant to division (J) of this section shall be in	1135
addition to the amount authorized by the general assembly as	1136
referred to in division (B) of the following sections: section	1137
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, or 151.40	1138
of the Revised Code.	1139

(K) Obligations are lawful investments for banks, savings	1140
and loan associations, credit union share guaranty corporations,	1141
trust companies, trustees, fiduciaries, insurance companies,	1142
including domestic for life and domestic not for life, trustees or	1143
other officers having charge of sinking and bond retirement or	1144
other special funds of the state and political subdivisions and	1145
taxing districts of this state, the sinking fund, the	1146
administrator of workers' compensation subject to the approval of	1147
the workers' compensation board, the state teachers retirement	1148
system, the public employees retirement system, the school	1149
employees retirement system, and the Ohio police and fire pension	1150
fund, notwithstanding any other provisions of the Revised Code or	1151
rules adopted pursuant to those provisions by any state agency	1152
with respect to investments by them, and are also acceptable as	1153
security for the repayment of the deposit of public moneys. The	1154
exemptions from taxation in Ohio as provided for in particular	1155
sections of the Ohio Constitution and section 5709.76 of the	1156
Revised Code apply to the obligations.	1157

(L)(1) Unless otherwise provided or provided for in any	1158
applicable bond proceedings, moneys to the credit of or in a	1159
special fund shall be disbursed on the order of the issuing	1160
authority. No such order is required for the payment, from the	1161
bond service fund or other special fund, when due of debt service	1162
or required payments under credit enhancement facilities.	1163

(2) Payments received by the state under interest rate	1164
hedges entered into as credit enhancement facilities under this	1165
chapter shall be deposited to the credit of the bond service fund	1166
for the obligations to which those credit enhancement facilities	1167
relate.	1168

(M) The full faith and credit, revenue, and taxing power of	1169
the state are and shall be pledged to the timely payment of debt	1170
service on outstanding obligations as it comes due, all in	1171
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	1172
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1173
151.07, 151.08, or 151.09 of the Revised Code. Moneys referred	1174
to in Section 5a of Article XII, Ohio Constitution, may not be	1175
pledged or used for the payment of debt service except on	1176
obligations referred to in section 151.06 of the Revised Code. Net	1177
state lottery proceeds, as provided for and referred to in section	1178
3770.06 of the Revised Code, may not be pledged or used for the	1179
payment of debt service except on obligations referred to in	1180
section 151.03 of the Revised Code. The state covenants, and that	1181
covenant shall be controlling notwithstanding any other provision	1182
of law, that the state and the applicable officers and agencies of	1183
the state, including the general assembly, shall, so long as any	1184
obligations are outstanding in accordance with their terms,	1185
maintain statutory authority for and cause to be levied, collected	1186
and applied sufficient pledged excises, taxes, and revenues of the	1187
state so that the revenues shall be sufficient in amounts to pay	1188
debt service when due, to establish and maintain any reserves and	1189
other requirements, and to pay financing costs, including costs of	1190
or relating to credit enhancement facilities, all as provided for	1191
in the bond proceedings. Those excises, taxes, and revenues are	1192
and shall be deemed to be levied and collected, in addition to the	1193
purposes otherwise provided for by law, to provide for the payment	1194
of debt service and financing costs in accordance with sections	1195
151.01 to 151.08151.09 of the Revised Code and the bond	1196
proceedings.	1197

(N) The general assembly may from time to time repeal or	1198
reduce any excise, tax, or other source of revenue pledged to the	1199
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	1200
15 of Article VIII, Ohio Constitution, and sections 151.01 to	1201
151.09 or 151.40 of the Revised Code, and may levy, collect and	1202
apply any new or increased excise, tax, or revenue to meet the	1203
pledge, to the payment of debt service on outstanding obligations,	1204
of the state's full faith and credit, revenue and taxing power, or	1205
of designated revenues and receipts, except fees, excises or taxes	1206
referred to in Section 5a of Article XII, Ohio Constitution, for	1207
other than obligations referred to in section 151.06 of the	1208
Revised Code and except net state lottery proceeds for other than	1209
obligations referred to in section 151.03 of the Revised Code.	1210
Nothing in division (N) of this section authorizes any impairment	1211
of the obligation of this state to levy and collect sufficient	1212
excises, taxes, and revenues to pay debt service on obligations	1213
outstanding in accordance with their terms.	1214

(O) Each bond service fund is a trust fund and is hereby	1215
pledged to the payment of debt service on the applicable	1216
obligations. Payment of that debt service shall be made or	1217
provided for by the issuing authority in accordance with the bond	1218
proceedings without necessity for any act of appropriation. The	1219
bond proceedings may provide for the establishment of separate	1220
accounts in the bond service fund and for the application of those	1221
accounts only to debt service on specific obligations, and for	1222
other accounts in the bond service fund within the general	1223
purposes of that fund.	1224

(P) Subject to the bond proceedings pertaining to any	1225
obligations then outstanding in accordance with their terms, the	1226
issuing authority may in the bond proceedings pledge all, or such	1227
portion as the issuing authority determines, of the moneys in the	1228
bond service fund to the payment of debt service on particular	1229
obligations, and for the establishment and maintenance of any	1230
reserves for payment of particular debt service.	1231

(Q) For obligations issued pursuant to sections 151.01 to	1232
151.09 of the Revised Code, the issuing authority shall by the	1233
fifteenth day of the July of each fiscal year, certify or cause to	1234
be certified to the office of budget and management the total	1235
amount of moneys required during the current fiscal year to meet	1236
in full all debt service on the respective obligations and any	1237
related financing costs payable from the applicable bond service	1238
fund and not from the proceeds of refunding or renewal	1239
obligations. The issuing authority shall make or cause to be made	1240
supplemental certifications to the office of budget and management	1241
for each debt service payment date and at such other times during	1242
each fiscal year as may be provided in the bond proceedings or	1243
requested by that office. Debt service, costs of credit	1244
enhancement facilities, and other financing costs shall be set	1245
forth separately in each certification. If and so long as the	1246
moneys to the credit of the bond service fund, together with any	1247
other moneys available for the purpose, are insufficient to meet	1248
in full all payments when due of the amount required as stated in	1249
the certificate or otherwise, the office of budget and management	1250
shall at the times as provided in the bond proceedings, and	1251
consistent with any particular provisions in sections 151.03 to	1252
151.09 of the Revised Code, transfer a sufficient amount to the	1253
bond service fund from the revenues derived from excises, taxes,	1254
and other revenues, including net state lottery proceeds in the	1255
case of obligations referred to in section 151.03 of the Revised	1256
Code.	1257

(R) Unless otherwise provided in any applicable bond	1258
proceedings, moneys to the credit of special funds may be invested	1259
by or on behalf of the state only in one or more of the following:	1260

(1) Notes, bondbonds, or other direct obligations of the	1261
United States or of any agency or instrumentality of the United	1262
States, or in no-front-end-load money market mutual funds	1263
consisting exclusively of those obligations, or in repurchase	1264
agreements, including those issued by any fiduciary, secured by	1265
those obligations, or in collective investment funds consisting	1266
exclusively of those obligations;	1267

(2) Obligations of this state or any political subdivision	1268
of this state;	1269

(3) Certificates of deposit of any national bank located in	1270
this state and any bank, as defined in section 1101.01 of the	1271
Revised Code, subject to inspection by the superintendent of	1272
financial institutions;	1273

(4) The treasurer of state's pooled investment program under	1274
section 135.45 of the Revised Code.	1275

The income from investments referred to in division (R) of	1276
this section shall, unless otherwise provided in sections 151.01	1277
to 151.09 or 151.40 of the Revised Code, be credited to special	1278
funds or otherwise as the issuing authority determines in the bond	1279
proceedings. Those investments may be sold or exchanged at times	1280
as the issuing authority determines, provides for, or authorizes.	1281

(S) The treasurer of state shall have responsibility for	1282
keeping records, making reports, and making payments, relating to	1283
any arbitrage rebate requirements under the applicable bond	1284
proceedings.	1285

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

1286

(1) "Costs of conservation projects" includes related direct	1287
administrative expenses and allocable portions of the direct costs	1288
of those projects of the department of agriculture, the department	1289
of natural resources, or the Ohio public works commission.	1290

(2) "Obligations" means obligations as defined in section	1291
151.01 of the Revised Code issued to pay costs of projects for	1292
conservation purposes as referred to in division (A)(1) of Section	1293
2o of Article VIII, Ohio Constitution.	1294

(B)(1) The issuing authority shall issue general obligations	1295
of the state to pay costs of conservation projects pursuant to	1296
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	1297
section 151.01 of the Revised Code, and this section. The issuing	1298
authority, upon the certification to it by the Ohio public works	1299
commission of amounts needed in and for the purposes of the clean	1300
Ohio conservation fund created by section 164.27 of the Revised	1301
Code, the clean Ohio agricultural easement fund created by	1302
section 901.21 of the Revised Code, and the clean Ohio trail fund	1303
created by section 1519.05 of the Revised Code, shall issue	1304
obligations in the amount determined by the issuing authority to	1305
be required for those purposes. The total principal amount of	1306
obligations issued under this section shall not exceed two hundred	1307
million dollars.	1308

(2) In making the certification required under division	1309
(B)(1) of this section, the Ohio public works commission shall	1310
consult with the department of agriculture and the department of	1311
natural resources. The commission shall certify amounts that	1312
correspond to the distribution of the net proceeds of obligations	1313
provided in division (C) of this section.	1314

(C) Net proceeds of obligations shall be deposited as	1315
follows:	1316

(1) Seventy-five per cent into the clean Ohio conservation	1317
fund created by section 164.27 of the Revised Code;	1318

(2) Twelve and one-half per cent into the clean Ohio	1319
agricultural easement fund created by section 901.21 of the	1320
Revised Code;	1321

(3) Twelve and one-half per cent into the clean Ohio trail	1322
fund created by section 1519.05 of the Revised Code.	1323

(D) There is hereby created in the state treasury the	1324
conservation projects bond service fund. All moneys received by	1325
the state and required by the bond proceedings, consistent with	1326
section 151.01 of the Revised Code and this section, to be	1327
deposited, transferred, or credited to the bond service fund, and	1328
all other moneys transferred or allocated to or received for the	1329
purposes of that fund, shall be deposited and credited to the bond	1330
service fund, subject to any applicable provisions of the bond	1331
proceedings, but without necessity for any act of appropriation.	1332
During the period beginning with the date of the first issuance of	1333
obligations and continuing during the time that any obligations	1334
are outstanding in accordance with their terms, so long as moneys	1335
in the bond service fund are insufficient to pay debt service when	1336
due on those obligations payable from that fund, except the	1337
principal amounts of bond anticipation notes payable from the	1338
proceeds of renewal notes or bonds anticipated, and due in the	1339
particular fiscal year, a sufficient amount of revenues of the	1340
state is committed and, without necessity for further act of	1341
appropriation, shall be paid to the bond service fund for the	1342
purpose of paying that debt service when due.	1343

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

1344

(1) "Bond proceedings" includes any trust agreements, and	1345
any amendments or supplements to them, as authorized by this	1346
section.	1347

(2) "Costs of revitalization projects" includes related	1348
direct administrative expenses and allocable portions of the	1349
direct costs of those projects of the department of development or	1350
the environmental protection agency.	1351

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

1352

(4) "Obligations" means obligations as defined in section	1353
151.01 of the Revised Code issued to pay the costs of projects for	1354
revitalization purposes as referred to in division (A)(2) of	1355
Section 2o of Article VIII, Ohio Constitution.	1356

(5) "Pledged liquor profits" means all receipts of the state	1357
representing the gross profit on the sale of spirituous liquor, as	1358
referred to in division (B)(4) of section 4301.10 of the Revised	1359
Code, after paying all costs and expenses of the division of	1360
liquor control and providing an adequate working capital reserve	1361
for the division of liquor control as provided in that division,	1362
but excluding the sum required by the second paragraph of section	1363
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	1364
to be paid into the state treasury.	1365

(6) "Pledged receipts" means, as and to the extent provided	1366
in bond proceedings:	1367

(a) Pledged liquor profits. The pledge of pledged liquor	1368
profits to obligations is subject to the priority of the pledge of	1369
those profits to obligations issued and to be issued, and	1370
guarantees made and to be made, pursuant to Chapter 166. of the	1371
Revised Code.	1372

(b) Moneys accruing to the state from the lease, sale, or	1373
other disposition or use of revitalization projects or from the	1374
repayment, including any interest, of loans or advances made from	1375
net proceeds;	1376

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

1377

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

1378

(e) Any gifts, grants, donations, or pledges, and receipts	1379
therefrom, available for the payment of debt service;	1380

(f) Additional or any other specific revenues or receipts	1381
lawfully available to be pledged, and pledged, pursuant to further	1382
authorization by the general assembly, to the payment of debt	1383
service.	1384

(B) The issuing authority shall issue obligations of the	1385
state to pay costs of revitalization projects pursuant to division	1386
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1387
151.01 of the Revised Code as applicable to this section, and this	1388
section. The issuing authority, upon the certification to it by	1389
the clean Ohio council of the amount of moneys needed in and for	1390
the purposes of the clean Ohio revitalization fund created by	1391
section 122.658 of the Revised Code, shall issue obligations in	1392
the amount determined by the issuing authority to be required for	1393
those purposes. The total principal amount of obligations issued	1394
under this section shall not exceed two hundred million dollars.	1395
The provisions and authorizations in section 151.01 of the Revised	1396
Code apply to the obligations and the bond proceedings except as	1397
otherwise provided or provided for in those obligations and bond	1398
proceedings.	1399

(C) Net proceeds of obligations shall be deposited in the	1400
clean Ohio revitalization fund created in section 122.658 of the	1401
Revised Code.	1402

(D) There is hereby created the revitalization projects bond	1403
service fund, which shall be in the custody of the treasurer of	1404
state, but shall be separate and apart from and not a part of the	1405
state treasury. All money received by the state and required by	1406
the bond proceedings, consistent with section 151.01 of the	1407
Revised Code and this section, to be deposited, transferred, or	1408
credited to the bond service fund, and all other money transferred	1409
or allocated to or received for the purposes of that fund, shall	1410
be deposited and credited to the bond service fund, subject to any	1411
applicable provisions of the bond proceedings, but without	1412
necessity for any act of appropriation. During the period	1413
beginning with the date of the first issuance of obligations and	1414
continuing during the time that any obligations are outstanding in	1415
accordance with their terms, so long as moneys in the bond service	1416
fund are insufficient to pay debt service when due on those	1417
obligations payable from that fund, except the principal amounts	1418
of bond anticipation notes payable from the proceeds of renewal	1419
notes or bonds anticipated, and due in the particular fiscal year,	1420
a sufficient amount of pledged receipts is committed and, without	1421
necessity for further act of appropriation, shall be paid to the	1422
bond service fund for the purpose of paying that debt service when	1423
due.	1424

(E) The issuing authority may pledge all, or such portion as	1425
the issuing authority determines, of the pledged receipts to the	1426
payment of the debt service charges on obligations issued under	1427
this section, and for the establishment and maintenance of any	1428
reserves, as provided in the bond proceedings, and make other	1429
provisions in the bond proceedings with respect to pledged	1430
receipts as authorized by this section, which provisions are	1431
controlling notwithstanding any other provisions of law pertaining	1432
to them.	1433

(F) The issuing authority may covenant in the bond	1434
proceedings, and such covenants shall be controlling	1435
notwithstanding any other provision of law, that the state and	1436
applicable officers and state agencies, including the general	1437
assembly, so long as any obligations issued under this section are	1438
outstanding, shall maintain statutory authority for and cause to	1439
be charged and collected wholesale or retail prices for spirituous	1440
liquor sold by the state or its agents so that the available	1441
pledged receipts are sufficient in time and amount to meet debt	1442
service payable from pledged liquor profits and for the	1443
establishment and maintenance of any reserves and other	1444
requirements provided for in the bond proceedings.	1445

(G) Obligations may be further secured, as determined by the	1446
issuing authority, by a trust agreement between the state and a	1447
corporate trustee, which may be any trust company or bank having	1448
its principal place of business within the state. Any trust	1449
agreement may contain the resolution or order authorizing the	1450
issuance of the obligations, any provisions that may be contained	1451
in any bond proceedings, and other provisions that are customary	1452
or appropriate in an agreement of that type, including, but not	1453
limited to:	1454

(1) Maintenance of each pledge, trust agreement, or other	1455
instrument comprising part of the bond proceedings until the state	1456
has fully paid or provided for the payment of debt service on the	1457
obligations secured by it;	1458

(2) In the event of default in any payments required to be	1459
made by the bond proceedings, enforcement of those payments or	1460
agreements by mandamus, the appointment of a receiver, suit in	1461
equity, action at law, or any combination of them;	1462

(3) The rights and remedies of the holders or owners of	1463
obligations and of the trustee and provisions for protecting and	1464
enforcing them, including limitations on rights of individual	1465
holders and owners.	1466

(H) The obligations shall not be general obligations of the	1467
state and the full faith and credit, revenue, and taxing power of	1468
the state shall not be pledged to the payment of debt service on	1469
them. The holders or owners of the obligations shall have no right	1470
to have any moneys obligated or pledged for the payment of debt	1471
service except as provided in this section and in the applicable	1472
bond proceedings. The rights of the holders and owners to payment	1473
of debt service are limited to all or that portion of the pledged	1474
receipts, and those special funds, pledged to the payment of debt	1475
service pursuant to the bond proceedings in accordance with this	1476
section, and each obligation shall bear on its face a statement to	1477
that effect.	1478

Sec. 175.03.  (A)(1) The Ohio housing finance agency shall	1479
consist of eleven members. Nine of the members shall be	1480
appointed by the governor with the advice and consent of the	1481
senate. The director of commerce and the director of development,	1482
or their respective designees, shall also be voting members of the	1483
agency. Of the nine appointed members, at least one shall have	1484
experience in residential housing construction; at least one shall	1485
have experience in residential housing mortgage lending, loan	1486
servicing, or brokering; at least one shall have experience in the	1487
licensed residential housing brokerage business; at least one	1488
shall have experience with the housing needs of senior citizens;	1489
at least one shall be from a background in labor representation in	1490
the construction industry; at least one shall represent the	1491
interests of nonprofit multifamily housing development	1492
organizationscorporations; at least one shall represent the	1493
interests of for-profit multifamily housing development	1494
corporationsorganizations; and two shall be public members. The	1495
governor shall receive recommendations from the Ohio housing	1496
council for appointees to represent the interests of nonprofit	1497
multifamily housing development corporations and for-profit	1498
multifamily housing development organizations. Each appointee	1499
representing multifamily housing interests currently shall be	1500
employed with an organization that is active in the area of	1501
affordable housing development or management. No more than six	1502
of the appointed members of the agency shall be of the same	1503
political party. Of the appointments made to the agency for the	1504
eighth and ninth appointed members in accordance with this	1505
amendment, one shall be for a term ending on January 31, 2005, and	1506
one shall be for a term ending on January 31, 2006. Thereafter,	1507
each appointed member shall serve for a term ending on the	1508
thirty-first day of January which is six years following the date	1509
of termination of the term which it succeeds. Each member shall	1510
hold office from the date of the member's appointment until the	1511
end of the term for which the member was appointed. Any member	1512
appointed to fill a vacancy occurring prior to the expiration of	1513
the term for which the member's predecessor was appointed shall	1514
hold office for the remainder of such term. Any appointed member	1515
shall continue in office subsequent to the expiration date of the	1516
member's term until the member's successor takes office, or until	1517
a period of sixty days has elapsed, whichever occurs first. Each	1518
appointed member may be removed from office by the governor for	1519
misfeasance, nonfeasance, malfeasance in office, or for failure to	1520
attend in person three consecutive meetings of the agency.	1521

(2) The director of development or the director's designee	1522
shall be the chairperson of the agency. The agency shall elect	1523
one of its appointed members as vice-chairperson and such other	1524
officers as it deems necessary, who need not be members of the	1525
agency. Each appointed member of the agency shall receive	1526
compensation at the rate of one hundred fifty dollars per agency	1527
meeting attended in person, not to exceed a maximum of three	1528
thousand dollars per year. All members shall be reimbursed for	1529
their actual and necessary expenses incurred in the discharge of	1530
their official duties.	1531

(3) sixSix members of the agency constitute a quorum, and	1532
the affirmative vote of six members shall be necessary for any	1533
action taken by the agency. No vacancy in membership of the	1534
agency impairs the right of a quorum to exercise all the rights	1535
and perform all the duties of the agency. Meetings of the agency	1536
may be held at any place within the state. Meetings of the	1537
agency, including notice of the place of meetings, shall comply	1538
with section 121.22 of the Revised Code.	1539

(B)(1) The appointed members of the agency are not subject	1540
to section 102.02 of the Revised Code. Each such appointed member	1541
shall file with the agency a signed written statement setting	1542
forth the general nature of sales of goods, property or services	1543
or of loans to the agency in which such member has a pecuniary	1544
interest or in which any member of the member's immediate family,	1545
as defined in section 102.01 of the Revised Code, or any	1546
corporation, partnership or enterprise of which the member is an	1547
officer, director, or partner, or of which the member or a member	1548
of the member's immediate family, as so defined, owns more than a	1549
five per cent interest, has a pecuniary interest, and of which	1550
sale, loan and interest such member has knowledge. The statement	1551
shall be supplemented from time to time to reflect changes in the	1552
general nature of any such sales or loans. No member shall	1553
participate in portions of agency meetings dealing with, or vote	1554
concerning, any such matter. The	1555

(2) The requirements of this section pertaining to disclosure	1556
and prohibition from participation and voting do not apply to	1557
agency loans to lending institutions or contracts between the	1558
agency and lending institutions for the purchase, administration,	1559
or servicing of loans notwithstanding that such lending	1560
institution has a director, officer, employee, or owner who is a	1561
member of the agency, and no such loans or contracts shall be	1562
deemed to be prohibited or otherwise regulated by reason of any	1563
other law or rule.	1564

(3) The members of the agency representing multifamily	1565
housing interests are not in violation of division (A) of section	1566
2921.42, division (D) of section 102.03, or division (E) of	1567
section 102.03 of the Revised Code in regard to a contract the	1568
agency enters into if both of the following apply:	1569

(a) The contract is entered into for a loan, grant, or	1570
participation in a program administered or funded by the agency	1571
and the contract was awarded pursuant to rules or guidelines the	1572
agency adopted.	1573

(b) The member does not participate in the discussion or vote	1574
on the contract if the contract secured a grant or loan that would	1575
directly benefit the member, a family member, or a business	1576
associate of the member.	1577

Sec. 727.01.  Each municipal corporation shall have special	1578
power to levy and collect special assessments. The legislative	1579
authority of a municipal corporation may assess upon the abutting,	1580
adjacent, and contiguous, or other specially benefited, lots or	1581
lands in the municipal corporation, any part of the cost connected	1582
with the improvement of any street, alley, dock, wharf, pier,	1583
public road, place, boulevard, parkway, or park entrance or an	1584
easement of the municipal corporation available for the purpose of	1585
the improvement to be made thereinin it by grading, draining,	1586
curbing, paving, repaving, repairing, treating the surface with	1587
substances designed to lay the dust thereonon it or preserve such	1588
surfaceit, constructing sidewalks, piers, wharves, docks,	1589
retaining walls, sewers, sewage disposal works and treatment	1590
plants and, sewage pumping stations, water treatment plants, water	1591
pumping stations, reservoirs, and water storage tanks or	1592
standpipes, together with the facilities and appurtenances	1593
necessary and proper therefor, drains, storm-water retention	1594
basins, watercourses, water mains, or laying of water pipe, or the	1595
lighting, sprinkling, sweeping, or cleaning thereof, or removing	1596
snow therefrom, any part of the cost and expense of planting,	1597
maintaining, and removing shade trees thereupon; any part of the	1598
cost of a voluntary action, as defined in section 3746.01 of the	1599
Revised Code, undertaken pursuant to Chapter 3746. of the Revised	1600
Code by a special improvement district created under Chapter 1710.	1601
of the Revised Code, including the cost of acquiring property with	1602
respect to which the voluntary action is undertaken; and in	1603
addition, any part of the cost and expense of constructing,	1604
maintaining, repairing, cleaning, and enclosing ditches,; any part	1605
of the cost and expense of operating, maintaining, and replacing	1606
heating and cooling facilities for enclosed pedestrian canopies	1607
and malls,; any part of the cost and expense of acquiring and	1608
improving parking facilities and structures for off-street parking	1609
of motor vehicles or of acquiring land and improving the sameit	1610
by clearing, grading, draining, paving, lighting, erecting,	1611
constructing, and equipping it for parking facilities and	1612
structures for off-street parking of motor vehicles, to the extent	1613
authorized by section 717.05 of the Revised Code; provided, but	1614
only if no special assessment made for the purpose of developing	1615
off-street parking facilities and structures shall beis levied	1616
against any land being used solely for off-street parking or	1617
against any land used solely for single or two-family dwellings;	1618
any part of the cost and expense of operating and maintaining the	1619
off-street parking facilities and structures,; and any part of the	1620
cost connected with changing the channel of, or narrowing,	1621
widening, dredging, deepening, or improving, any stream or	1622
watercourse, and for constructing or improving any levees or	1623
boulevards thereonon any stream or watercourse, or along or about	1624
the sameany stream or watercourse, together with any retaining	1625
wall, riprap protection, bulkhead, culverts, approaches, flood	1626
gates, waterways, or drains incidental theretoto any stream or	1627
watercourse, or for making any other improvement of any river or	1628
lake front, whether such river front or lake frontit is privately	1629
or publicly owned, which the legislative authority declares	1630
conducive to the public health, convenience, or welfare. In	1631
addition, a municipal corporation may levy a special assessment	1632
for public improvement or public services plans of a district	1633
formed under Chapter 1710. of the Revised Code, as provided in	1634
that chapter. Except as otherwise provided in Chapter 1710. of	1635
the Revised Code, special assessments may be levied by any of the	1636
following methods:	1637

(A) By a percentage of the tax value of the property	1638
assessed;	1639

(B) In proportion to the benefits whichthat may result from	1640
the improvement;	1641

(C) By the front foot of the property bounding and abutting	1642
upon the improvement.	1643

Sec. 3311.25.  (A) Notwithstanding any other provision of	1644
this chapter, two or more city, local, or exempted village school	1645
districts whose territory is primarily located within the same	1646
county may be merged as provided in this section, if the county	1647
has a population of less than one hundred thousand, as determined	1648
by the most recent federal decennial census.	1649

(B) A petition may be filed with the board of elections	1650
proposing that two or more school districts whose territory is	1651
primarily located within a county meeting the qualifications of	1652
division (A) of this section form a commission to study the	1653
proposed merger of the school districts. The petition may be	1654
presented in separate petition papers. Each petition paper shall	1655
contain, in concise language, the purpose of the petition and the	1656
names of five electors of each school district proposed to be	1657
merged to serve as commissioners on the merger study commission.	1658
The petition shall be governed by the rules of section 3501.38 of	1659
the Revised Code.	1660

A petition filed under this section shall contain signatures	1661
of electors of each school district proposed to be merged,	1662
numbering not less than ten per cent of the number of electors	1663
residing in that district who voted for the office of governor at	1664
the most recent general election for that office. The petition	1665
shall be filed with the board of elections of the county described	1666
by division (A) of this section. The board of elections of the	1667
county in which the petition is required to be filed shall	1668
ascertain the validity of all signatures on the petition and may	1669
require the assistance of boards of elections of other counties if	1670
any of the school districts proposed to be merged are located	1671
partially in a county other than the one in which the petition is	1672
required to be filed.	1673

(C)(1) If the board of elections of the county in which	1674
the petition is required to be filed determines that the petition	1675
is sufficient, the board shall submit the following question for	1676
the approval or rejection of the electors of each school district	1677
proposed to be merged at the next general election occurring at	1678
least seventy-five days after the date the petition is filed:	1679
"Shall a commission be established to study the proposed merger of	1680
any or all of the school districts in this county and, if a merger	1681
is considered desirable, to draw up a statement of conditions for	1682
that proposed merger?" The ballot shall include, for each of the	1683
school districts proposed to be merged, the names of the five	1684
electors identified in the petition, who shall constitute the	1685
commissioners on behalf of that district.	1686

(2) If any of the school districts for which merger is	1687
proposed are located partially in a county other than the one in	1688
which the petition is required to be filed, the board of elections	1689
of the county in which the petition is required to be filed shall,	1690
if the petition is found to be sufficient, certify the sufficiency	1691
of that petition and the statement of the issue to be voted on to	1692
the boards of elections of those other counties. The boards of	1693
those other counties shall submit the question of merging and the	1694
names of candidates to be elected to the commission for the	1695
approval or rejection of electors in the portions of the school	1696
districts proposed to be merged that are located within their	1697
respective counties. Upon the holding of the election, those	1698
boards shall certify the results to the board of elections of the	1699
county in which the petition is required to be filed.	1700

(D) A petition shall not be deemed insufficient for all	1701
school districts proposed to be merged if it contains the	1702
signatures of less than ten per cent of the electors who voted for	1703
the office of governor at the most recent general election for	1704
that office in a particular school district. If the petition	1705
contains a sufficient number of signatures and is otherwise	1706
determined by the board of elections to be sufficient for at least	1707
two school districts proposed to be merged, the board shall submit	1708
the question of the proposed merger for the approval or rejection	1709
of voters under division (C) of this section in each of the	1710
districts for which the petition was determined to be sufficient.	1711
The board shall not submit the question of the proposed merger for	1712
the approval or rejection of voters under division (C) of this	1713
section for any school district for which a petition contains an	1714
insufficient number of signatures or for which the board otherwise	1715
determines the petition to be insufficient.	1716

(E)(1) If the question of forming a merger study commission	1717
as provided in division (C) of this section is approved by a	1718
majority of those voting on it in at least two school districts,	1719
the commission shall be established and the five candidates from	1720
each school district in which the question was approved shall be	1721
elected to the commission to study the proposed merger and to	1722
formulate any conditions of any proposed merger if a merger is	1723
considered desirable after study by the commission. Any school	1724
district that disapproved of the question of forming a merger	1725
study commission by a majority of those voting on it shall not be	1726
included in, and its proposed candidates shall not be elected to,	1727
the commission.	1728

(2) The first meeting of the commission shall be held in the	1729
regular meeting place of the board of county commissioners of the	1730
county in which the petition is required to be filed, at nine a.m.	1731
on the tenth day after the certification of the election by the	1732
last of the respective boards of elections to make such	1733
certification, unless that day is a Saturday, Sunday, or a	1734
holiday, in which case the first meeting shall be held on the next	1735
day thereafter that is not a Saturday, Sunday, or holiday. The	1736
president of the school board of the school district with the	1737
largest population of the districts that approved the question of	1738
forming a merger study commission under division (C) of this	1739
section shall serve as temporary chairperson until permanent	1740
officers are elected. The commission shall immediately elect its	1741
own permanent officers and shall proceed to meet as often as	1742
necessary to study the proposed merger, determine whether a	1743
proposed merger is desirable, and formulate any conditions for any	1744
proposed merger. All meetings of the commission shall be subject	1745
to the requirements of section 121.22 of the Revised Code.	1746

(3) The conditions for a proposed merger may provide for the	1747
election of school board members for the new school district and	1748
any other conditions that a majority of the members of the	1749
commission from each school district find necessary. The	1750
conditions for the proposed merger also may provide that the	1751
merger, if approved, shall not become effective until the date on	1752
which any required changes in state law necessary for the school	1753
district merger to occur become effective.	1754

(4) As soon as the commission determines that a merger is	1755
not desirable or finalizes the conditions for a proposed merger,	1756
the commission shall report this fact, and the name of each school	1757
district proposed for merger in which the majority of the	1758
district's commissioners have agreed to the conditions for merger,	1759
to the board of elections of each of the counties in which the	1760
school districts proposed for merger are located.	1761

The question shall be submitted to the voters in each school	1762
district in which the majority of the district's commissioners	1763
have agreed to the conditions for merger at the next general	1764
election occurring after the commission is elected. The question	1765
shall not be submitted to the voters in any school district in	1766
which a majority of that district's commissioners have not agreed	1767
to the conditions for merger. The board of elections shall not	1768
submit the conditions for merger to the voters in any district if	1769
the conditions for merger include the merging of any district in	1770
which the majority of that district's commissioners have not	1771
agreed to the conditions for merger.	1772

The boards of elections shall submit the conditions of	1773
proposed merger for the approval or rejection of the electors in	1774
the portions of the school districts proposed to be merged within	1775
their respective counties. Upon the holding of that election, the	1776
boards of elections shall certify the results to the board of	1777
elections of the county in which the petition is required to be	1778
filed.	1779

Regardless of whether the commission succeeds in reaching	1780
agreement, the commission shall cease to exist on the	1781
seventy-fifth day prior to the next general election after the	1782
commission is elected.	1783

(F) If the conditions of merger agreed upon by the merger	1784
commission are disapproved by a majority of those voting on them	1785
in any school district proposed to be merged, the merger shall not	1786
occur, unless the conditions of merger provide for a merger to	1787
occur without the inclusion of that district and the conditions of	1788
merger are otherwise met. No district in which the conditions of	1789
merger are disapproved by a majority of those voting on them shall	1790
be included in any merger resulting from that election. If the	1791
conditions of merger are approved by a majority of those voting on	1792
them in each school district proposed to be merged, or if the	1793
conditions of merger provide for a merger to occur without the	1794
inclusion of one or more districts in which the conditions of	1795
merger are disapproved by a majority of those voting on them, the	1796
merger shall be effective on the date specified in the conditions	1797
of the merger, unless the conditions of merger specify changes	1798
required to be made in state law for the merger to occur, in which	1799
case the merger shall be effective on the date on which those	1800
changes to state law become effective.	1801

Sec. 3318.023.  Notwithstanding anything to the contrary in	1802
section 3318.02 of the Revised Code, each fiscal year, at the time	1803
that the Ohio school facilities commission conditionally approves	1804
projects of school districts under section 3318.01 to 3318.20 of	1805
the Revised Code for which it plans to provide assistance under	1806
those sections for that fiscal year, the commission also shall	1807
identify the next ten school districts from lowest to highest in	1808
order of the ranking calculated for the previous fiscal year under	1809
division (D) of section 3318.011 of the Revised Code that have not	1810
yet been conditionally approved for assistance under section	1811
3318.01 to 3318.20 of the Revised Code. Those districts shall	1812
have priority in the order of such ranking with the lowest	1813
valuation having the highest priority for future assistance under	1814
those sections over all other school districts except for	1815
districts receiving assistance under division (B)(2) of section	1816
3318.04, section 3318.37, or section 3318.38 of the Revised Code	1817
or districts that have priority under section 3318.05 of the	1818
Revised Code.	1819

Sec. 3318.03.  Before conducting an on-site evaluation of a	1820
school district under section 3318.02 of the Revised Code, at the	1821
request of the district board of education, the Ohio school	1822
facilities commission shall examine any classroom facilities needs	1823
assessment that has been conducted by the district and any master	1824
plan developed for meeting the facility needs of the district.	1825

Upon conducting the on-site evaluation under section 3318.02	1826
of the Revised Code, the Ohio school facilities commission shall	1827
make a determination of all of the following:	1828

(A) The needs of the school district for additional	1829
classroom facilities;	1830

(B) The number of classroom facilities to be included in a	1831
project, including classroom facilities authorized by a bond issue	1832
described in section 3318.033 of the Revised Code, and the basic	1833
project cost of constructing, acquiring, reconstructing, or making	1834
additions to each such facility;	1835

(C) The amount of such cost that the school district can	1836
supply from available funds, by the issuance of bonds previously	1837
authorized by the electors of the school district the proceeds of	1838
which can lawfully be used for the project, including bonds	1839
authorized by the district's electors as described in section	1840
3318.033 of the Revised Code, and by the issuance of bonds under	1841
section 3318.05 of the Revised Code;	1842

(D) The remaining amount of such cost that shall be supplied	1843
by the state;	1844

(E) If the state's portion of the basic project cost exceeds	1845
twenty-five million dollars, theThe amount of the state's portion	1846
to be encumbered in accordance with section 3318.11 of the Revised	1847
Code in the current and subsequent fiscal bienniums from funds	1848
appropriated for purposes of sections 3318.01 to 3318.20 of the	1849
Revised Code.	1850

The commission shall make a determination in favor of	1851
constructing, acquiring, reconstructing, or making additions to a	1852
classroom facility only upon evidence that the proposed project	1853
conforms to sound educational practice, that it is in keeping with	1854
the orderly process of school district reorganization and	1855
consolidation, and that the actual or projected enrollment in each	1856
classroom facility proposed to be included in the project is at	1857
least three hundred fifty pupils. Exceptions shall be authorized	1858
only in those districts where topography, sparsity of population,	1859
and other factors make larger schools impracticable.	1860

Sections 125.81 and 153.04 of the Revised Code shall not	1861
apply to classroom facilities constructed under sections 3318.01	1862
to 3318.20 of the Revised Code.	1863

Sec. 3318.04.  (A) If the Ohio school facilities commission	1864
makes a determination under section 3318.03 of the Revised Code in	1865
favor of constructing, acquiring, reconstructing, or making	1866
additions to a classroom facility, the project shall be	1867
conditionally approved. Such conditional approval shall be	1868
submitted to the controlling board for approval thereof. The	1869
controlling board shall forthwith approve or reject the	1870
commission's determination, conditional approval, the amount of	1871
the state's portion of the basic project cost, and, if the state's	1872
portion exceeds twenty-five million dollars, the amount of the	1873
state's portion to be encumbered in the current fiscal biennium.	1874
In the event of approval thereof by the controlling board, the	1875
commission shall certify such conditional approval to the school	1876
district board and shall encumber from the total funds	1877
appropriated for the purpose of sections 3318.01 to 3318.20 of the	1878
Revised Code the amount of the state's portion of the basic	1879
project cost or, if the state's portion exceeds twenty-five	1880
million dollars, the amount approved under this section to be	1881
encumbered in the current fiscal biennium.	1882

The basic project cost for a project approved under this	1883
section shall not exceed the cost that would otherwise have to be	1884
incurred if the classroom facilities to be constructed, acquired,	1885
or reconstructed, or the additions to be made to classroom	1886
facilities, under such project meet, but do not exceed, the	1887
specifications for plans and materials for classroom facilities	1888
adopted by the commission.	1889

(B)(1) No school district shall have a project conditionally	1890
approved pursuant to this section if the school district has	1891
already received any assistance for a project funded under any	1892
version of sections 3318.01 to 3318.20 of the Revised Code, and	1893
the prior project was one for which the electors of such district	1894
approved a levy within the last twenty years pursuant to any	1895
version of section 3318.06 of the Revised Code for purposes of	1896
qualifying for the funding of that project, unless the district	1897
demonstrates to the satisfaction of the commission that the	1898
district has experienced since approval of its prior project an	1899
exceptional increase in enrollment significantly above the	1900
district's design capacity under that prior project as determined	1901
by rule of the commission.	1902

(2) Notwithstanding division (B)(1) of this section, any	1903
school district that received assistance under sections 3318.01 to	1904
3318.20 of the Revised Code, as those sections existed prior to	1905
May 20, 1997, may receive additional assistance under those	1906
sections, as they exist on and after May 20, 1997, prior to the	1907
expiration of the period of time required under division (B)(1) of	1908
this section, if the percentile in which the school district is	1909
located, as determined under section 3318.011 of the Revised Code,	1910
is eligible for assistance as prescribed in section 3318.02 of the	1911
Revised Code.	1912

The commission may provide assistance under sections 3318.01	1913
to 3318.20 of the Revised Code pursuant to this division to no	1914
more than five school districts per fiscal year until all eligible	1915
school districts have received the additional assistance	1916
authorized under this division. The commission shall establish	1917
application procedures, deadlines, and priorities for funding	1918
projects under this division.	1919

The commission at its discretion may waive current design	1920
specifications it has adopted for projects under sections 3318.01	1921
to 3318.20 of the Revised Code when assessing an application for	1922
additional assistance under this division for the renovation of	1923
classroom facilities constructed or renovated under a school	1924
district's previous project. If the commission finds that a	1925
school district's existing classroom facilities are adequate to	1926
meet all of the school district's needs, the commission may	1927
determine that no additional state assistance be awarded to a	1928
school district under this division.	1929

In order for a school district to be eligible to receive any	1930
additional assistance under this division, the school district	1931
electors shall extend the school district's existing levy	1932
dedicated for maintenance of classroom facilities under Chapter	1933
3318. of the Revised Code, pursuant to section 3318.061 of the	1934
Revised Code or shall provide equivalent alternative maintenance	1935
funds as specified in division (B)(A)(2) of section 3318.06 of the	1936
Revised Code.	1937

(3) Notwithstanding division (B)(1) of this section, any	1938
school district that has received assistance under sections	1939
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	1940
receive additional assistance if the commission decides in favor	1941
of providing such assistance pursuant to section 3318.042 of the	1942
Revised Code.	1943

Sec. 3318.05.  The conditional approval of the Ohio school	1944
facilities commission for a project shall lapse and the amount	1945
reserved and encumbered for such project shall be released unless	1946
the school district board accepts such conditional approval within	1947
one hundred twenty days following the date of certification of the	1948
conditional approval to the school district board and the electors	1949
of the school district vote favorably on both of the propositions	1950
described in divisions (A) and (B) of this section within one year	1951
of the date of such certification, except that a school district	1952
described in division (C) of this section does not need to submit	1953
the proposition described in division (B) of this section. The	1954
propositions described in divisions (A) and (B) of this section	1955
shall be combined in a single proposal. If the district board or	1956
the district's electors fail to meet such requirements and the	1957
amount reserved and encumbered for the district's project is	1958
released, the district shall be given first priority for project	1959
funding as such funds become available.	1960

(A) On the question of issuing bonds of the school district	1961
board, for the school district's portion of the basic project	1962
cost, in an amount equal to the school district's portion of the	1963
basic project cost less any deduction made under section 3318.033	1964
of the Revised Code and less the amount of the proceeds of any	1965
securities authorized or to be authorized under division (J) of	1966
section 133.06 of the Revised Code and dedicated by the school	1967
district board to payment of the district's portion of the basic	1968
project cost; and	1969

(B) On the question of levying a tax the proceeds of which	1970
shall be used to pay the cost of maintaining the classroom	1971
facilities included in the project. Such tax shall be at the rate	1972
of not less than one-half mill for each dollar of valuation for a	1973
period of twenty-three years, subject to any extension approved	1974
under section 3318.061 of the Revised Code.	1975

(C) If a school district has in place a tax levied under	1976
section 5705.21 of the Revised Code for general ongoing permanent	1977
improvements of at least two mills for each dollar of valuation	1978
and the proceeds of such tax can be used for maintenance, the	1979
school district need not levy the additional tax required under	1980
division (B) of this section, provided the school district board	1981
includes in the agreement entered into under section 3318.08 of	1982
the Revised Code provisions earmarking an amount from the proceeds	1983
of that permanent improvement tax for maintenance of classroom	1984
facilities equivalent to the amount of the additional tax and for	1985
the equivalent number of years otherwise required under this	1986
section.	1987

(D) Proceeds of the tax to be used for maintenance of the	1988
classroom facilities under either division (B) or (C) of this	1989
section shall be deposited into a separate fund established by the	1990
school district for such purpose.	1991

Sec. 3318.056.  A school district may adopt a resolution	1992
proposing that any of the following questions be combined with the	1993
questions specified in divisions (A) and (B) of section 3318.05 of	1994
the Revised Code:	1995

(A) A bond issue question under section 133.18 of the	1996
Revised Code;	1997

(B) A tax levy question under section 5705.21 of the	1998
Revised Code;	1999

(C) A combined bond issue and tax levy question under	2000
section 5705.218 of the Revised Code;	2001

(D) A school district income tax question under section	2002
5748.08 of the Revised Code.	2003

Any question described in divisions (A) to (D) of this	2004
section that is combined with a question proposed under divisions	2005
(A) and (B) of section 3318.05 of the Revised Code shall be for	2006
the purpose of either paying for any permanent improvement as	2007
defined in section 133.01 of the Revised Code or generating	2008
operating revenue specifically for the facilities acquired under	2009
the school district's project under Chapter 3318. of the Revised	2010
Code or for both to the extent such purposes are permitted by the	2011
sections of law under which each is proposed.	2012

Sec. 3318.06. (A) After receipt of the conditional approval	2013
of the Ohio school facilities commission, the school district	2014
board by a majority of all of its members shall, if it desires to	2015
proceed with the project, declare all of the following by	2016
resolution:	2017

(A)(1) That by issuing bonds in an amount equal to the	2018
school district's portion of the basic project cost, including	2019
bonds previously authorized by the district's electors as	2020
described in section 3318.033 of the Revised Code, the district is	2021
unable to provide adequate classroom facilities without assistance	2022
from the state;	2023

(B)(2) Unless the school district board has resolved to	2024
apply the proceeds of a property tax or the proceeds of an income	2025
tax, or a combination of proceeds from such taxes, as authorized	2026
under section 3318.052 of the Revised Code, that to qualify for	2027
such state assistance it is necessary to do either of the	2028
following:	2029

(1)(a) Levy a tax outside the ten-mill limitation the	2030
proceeds of which shall be used to pay the cost of maintaining the	2031
classroom facilities included in the project;	2032

(2)(b) Earmark for maintenance of classroom facilities from	2033
the proceeds of an existing permanent improvement tax levied under	2034
section 5705.21 of the Revised Code, if such tax is of at least	2035
two mills for each dollar of valuation and can be used for	2036
maintenance, an amount equivalent to the amount of the additional	2037
tax otherwise required under this section and sections 3318.05 and	2038
3318.08 of the Revised Code.	2039

(C)(3) That the question of any tax levy specified in a	2040
resolution described in division (B)(1)(A)(2)(a) of this section,	2041
if required, shall be submitted to the electors of the school	2042
district at the next general or primary election, if there be a	2043
general or primary election not less than seventy-five and not	2044
more than ninety-five days after the day of the adoption of such	2045
resolution or, if not, at a special election to be held at a time	2046
specified in the resolution which shall be not less than	2047
seventy-five days after the day of the adoption of the resolution	2048
and which shall be in accordance with the requirements of section	2049
3501.01 of the Revised Code.	2050

Such resolution shall also state that the question of issuing	2051
bonds of the board shall be combined in a single proposal with the	2052
question of such tax levy. More than one election under this	2053
section may be held in any one calendar year. Such resolution	2054
shall specify both of the following:	2055

(1)(a) That the rate which it is necessary to levy shall be	2056
at the rate of not less than one-half mill for each one dollar of	2057
valuation, and that such tax shall be levied for a period of	2058
twenty-three years;	2059

(2)(b) That the proceeds of the tax shall be used to pay the	2060
cost of maintaining the classroom facilities included in the	2061
project.	2062

(B) A copy of sucha resolution adopted under division (A)	2063
of this section shall after its passage and not less than	2064
seventy-five days prior to the date set therein for the election	2065
be certified to the county board of elections.	2066

The resolution of the school district board, in addition to	2067
meeting other applicable requirements of section 133.18 of the	2068
Revised Code, shall state that the amount of bonds to be issued	2069
will be an amount equal to the school district's portion of the	2070
basic project cost, and state the maximum maturity of the bonds	2071
which, notwithstanding section 133.20 of the Revised Code, may be	2072
any number of years not exceeding twenty-threethe term calculated	2073
under section 133.20 of the Revised Code as determined by the	2074
board. In estimating the amount of bonds to be issued, the board	2075
shall take into consideration the amount of moneys then in the	2076
bond retirement fund and the amount of moneys to be collected for	2077
and disbursed from the bond retirement fund during the remainder	2078
of the year in which the resolution of necessity is adopted.	2079

If the bonds are to be issued in more than one series, the	2080
resolution may state, in addition to the information required to	2081
be stated under division (B)(3) of section 133.18 of the Revised	2082
Code, the number of series, which shall not exceed five, the	2083
principal amount of each series, and the approximate date each	2084
series will be issued, and may provide that no series, or any	2085
portion thereof, may be issued before such date. Upon such a	2086
resolution being certified to the county auditor as required by	2087
division (C) of section 133.18 of the Revised Code, the county	2088
auditor, in calculating, advising, and confirming the estimated	2089
average annual property tax levy under that division, shall also	2090
calculate, advise, and confirm by certification the estimated	2091
average property tax levy for each series of bonds to be issued.	2092

Notice of the election shall include the fact that the tax	2093
levy shall be at the rate of not less than one-half mill for each	2094
one dollar of valuation for a period of twenty-three years, and	2095
that the proceeds of the tax shall be used to pay the cost of	2096
maintaining the classroom facilities included in the project.	2097

If the bonds are to be issued in more than one series, the	2098
board of education, when filing copies of the resolution with the	2099
board of elections as required by division (D) of section 133.18	2100
of the Revised Code, may direct the board of elections to include	2101
in the notice of election the principal amount and approximate	2102
date of each series, the maximum number of years over which the	2103
principal of each series may be paid, the estimated additional	2104
average property tax levy for each series, and the first calendar	2105
year in which the tax is expected to be due for each series, in	2106
addition to the information required to be stated in the notice	2107
under division (E)(3)(a) to (e) of section 133.18 of the Revised	2108
Code.	2109

The(C)(1) Except as otherwise provided in division (C)(2)	2110
of this section, the form of the ballot to be used at such	2111
election shall be:	2112

"A majority affirmative vote is necessary for passage.

2113

Shall bonds be issued by the ............ (here insert name	2114
of school district) school district to pay the local share of	2115
school construction under the State of Ohio Classroom Facilities	2116
Assistance Program in the principal amount of ............ (here	2117
insert principal amount of the bond issue), to be repaid annually	2118
over a maximum period of ............ (here insert the maximum	2119
number of years over which the principal of the bonds may be paid)	2120
years, and an annual levy of property taxes be made outside the	2121
ten-mill limitation, estimated by the county auditor to average	2122
over the repayment period of the bond issue ............ (here	2123
insert the number of mills estimated) mills for each one dollar of	2124
tax valuation, which amounts to ............ (rate expressed in	2125
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	2126
for each one hundred dollars of tax valuation to pay the annual	2127
debt charges on the bonds and to pay debt charges on any notes	2128
issued in anticipation of the bonds?"	2129

and, unless the additional levy

2130

of taxes is not required pursuant

2131

to division (C) of section

2132

3318.05 of the Revised Code,

2133

"Shall an additional levy of taxes be made for a period of	2134
twenty-three years to benefit the ............ (here insert name	2135
of school district) school district, the proceeds of which shall	2136
be used to pay the cost of maintaining the classroom facilities	2137
included in the project at the rate of .......... (here insert the	2138
number of mills, which shall not be less than one-half mill) mills	2139
for each one dollar of valuation?	2140

2141

2144

(2) If authority is sought to issue bonds in more than one	2145
series and the board of education so elects, the form of the	2146
ballot shall be as prescribed in section 3318.062 of the Revised	2147
Code. If the board of education elects the form of the ballot	2148
prescribed in that section, it shall so state in the resolution	2149
adopted under this section.	2150

(D) If it is necessary for the school district to acquire a	2151
site for the classroom facilities to be acquired pursuant to	2152
sections 3318.01 to 3318.20 of the Revised Code, the district	2153
board may propose either to issue bonds of the board or to levy a	2154
tax to pay for the acquisition of such site, and may combine the	2155
question of doing so with the questions specified in division (C)	2156
(B) of this section. Bonds issued under this division for the	2157
purpose of acquiring a site are a general obligation of the school	2158
district and are Chapter 133. securities.	2159

The form of that portion of the ballot to include the	2160
question of either issuing bonds or levying a tax for site	2161
acquisition purposes shall be one of the following:	2162

(1) "Shall bonds be issued by the ............ (here insert	2163
name of the school district) school district to pay costs of	2164
acquiring a site for classroom facilities under the State of Ohio	2165
Classroom Facilities Assistance Program in the principal amount of	2166
.......... (here insert principal amount of the bond issue), to be	2167
repaid annually over a maximum period of .......... (here insert	2168
maximum number of years over which the principal of the bonds may	2169
be paid) years, and an annual levy of property taxes be made	2170
outside the ten-mill limitation, estimated by the county auditor	2171
to average over the repayment period of the bond issue ..........	2172
(here insert number of mills) mills for each one dollar of tax	2173
valuation, which amount to .......... (here insert rate expressed	2174
in cents or dollars and cents, such as "thirty-six cents" or	2175
"$0.36") for each one hundred dollars of valuation to pay the	2176
annual debt charges on the bonds and to pay debt charges on any	2177
notes issued in anticipation of the bonds?"	2178

(2) "Shall an additional levy of taxes outside the ten-mill	2179
limitation be made for the benefit of the .......... (here insert	2180
name of the school district) .......... school district for the	2181
purpose of acquiring a site for classroom facilities in the sum of	2182
......... (here insert annual amount the levy is to produce)	2183
estimated by the county auditor to average ........ (here insert	2184
number of mills) mills for each one hundred dollars of valuation,	2185
for a period of ......... (here insert number of years the millage	2186
is to be imposed) years?"	2187

Where it is necessary to combine the question of issuing	2188
bonds of the school district and levying a tax as described in	2189
division (C)(B) of this section with the question of issuing bonds	2190
of the school district for acquisition of a site, the question	2191
specified in that division (C) of this section to be voted on	2192
shall be "For the Bond Issues and the Tax Levy" and "Against the	2193
Bond Issues and the Tax Levy."	2194

Where it is necessary to combine the question of issuing	2195
bonds of the school district and levying a tax as described in	2196
division (C)(B) of this section with the question of levying a tax	2197
for the acquisition of a site, the question specified in that	2198
division (C) of this section to be voted on shall be "For the Bond	2199
Issue and the Tax Levies" and "Against the Bond Issue and the Tax	2200
Levies."	2201

Where the school district board chooses to combine the	2202
question in division (B) of this section with any of the	2203
additional questions described in divisions (A) to (D) of section	2204
3318.056 of the Revised Code, the question specified in division	2205
(B) of this section to be voted on shall be "For the Bond Issues	2206
and the Tax Levies" and "Against the Bond Issues and the Tax	2207
Levies."	2208

If a majority of those voting upon a proposition hereunder	2209
which includes the question of issuing bonds vote in favor	2210
thereof, and if the agreement provided for by section 3318.08 of	2211
the Revised Code has been entered into, the school district board	2212
may proceed under Chapter 133. of the Revised Code, with the	2213
issuance of bonds or bond anticipation notes in accordance with	2214
the terms of the agreement.	2215

Sec. 3318.061.  This section applies only to school districts	2216
eligible to receive additional assistance under division (B)(2) of	2217
section 3318.04 of the Revised Code and to big eight districts	2218
segmenting projects under section 3318.38 of the Revised Code.	2219

The board of education of a school district in which a tax	2220
described by division (B) of section 3318.05 and levied under	2221
section 3318.06 of the Revised Code is in effect, may adopt a	2222
resolution by vote of a majority of its members to extend the term	2223
of that tax beyond the expiration of that tax as originally	2224
approved under that section. The school district board may	2225
include in the resolution a proposal to extend the term of that	2226
tax at the rate of not less than one-half mill for each dollar of	2227
valuation for a period of twenty-three years from the year in	2228
which the school district board and the Ohio school facilities	2229
commission enter into an agreement under division (B)(2) of	2230
section 3318.04 of the Revised Code or in the following year, as	2231
specified in the resolution or, as applicable in the case of a	2232
district segmenting a project under section 3318.38 of the Revised	2233
Code, from the year in which the last segment is undertaken. Such	2234
a resolution may be adopted at any time before such an agreement	2235
is entered into and before the tax levied pursuant to section	2236
3318.06 of the Revised Code expires. If the resolution is	2237
combined with a resolution to issue bonds to pay the school	2238
district's portion of the basic project cost, it shall conform	2239
with the requirements of divisions (A), (B)(1), (2), and (C)(3) of	2240
section 3318.06 of the Revised Code, except that the resolution	2241
also shall state that the tax levy proposed in the resolution is	2242
an extension of an existing tax levied under that section. A	2243
resolution proposing an extension adopted under this section does	2244
not take effect until it is approved by a majority of electors	2245
voting in favor of the resolution at a general, primary, or	2246
special election as provided in this section.	2247

A tax levy extended under this section is subject to the same	2248
terms and limitations to which the original tax levied under	2249
section 3318.06 of the Revised Code is subject under that section,	2250
except the term of the extension shall be as specified in this	2251
section.	2252

The school district board shall certify a copy of the	2253
resolution adopted under this section to the proper county board	2254
of elections not later than seventy-five days before the date set	2255
in the resolution as the date of the election at which the	2256
question will be submitted to electors. The notice of the	2257
election shall conform with the requirements of division (C)(A)(3)	2258
of section 3318.06 of the Revised Code, except that the notice	2259
also shall state that the maintenance tax levy is an extension of	2260
an existing tax levy.	2261

The form of the ballot shall be as follows:

2262

"Shall the existing tax levied to pay the cost of maintaining	2263
classroom facilities constructed with the proceeds of the	2264
previously issued bonds at the rate of .......... (here insert the	2265
number of mills, which shall not be less than one-half mill) mills	2266
per dollar of tax valuation, be extended until ........ (here	2267
insert the year that is twenty-three years after the year in which	2268
the district and commission will enter into an agreement under	2269
division (B)(2) of section 3318.04 of the Revised Code or the	2270
following year)?	2271

2272

2275

Section 3318.07 of the Revised Code applies to ballot	2276
questions under this section.	2277

Sec. 3318.062.  (A) If authority is sought to issue bonds	2278
in more than one series to pay the school district's portion of	2279
the basic project cost under sections 3318.01 to 3318.20 of the	2280
Revised Code, the form of the ballot shall be:	2281

"Shall bonds be issued by the .......... (here insert name	2282
of school district) school district to pay the local share of	2283
school construction under the State of Ohio Classroom Facilities	2284
Assistance Program in the total principal amount of ..........	2285
(total principal amount of the bond issue), to be issued in ......	2286
(number of series) series, each series to be repaid annually over	2287
not more than ...... (maximum number of years over which the	2288
principal of each series may be paid) years, and an annual levy of	2289
property taxes be made outside the ten-mill limitation to pay the	2290
annual debt charges on the bonds and on any notes issued in	2291
anticipation of the bonds, at a rate estimated by the county	2292
auditor to average over the repayment period of each series as	2293
follows: .......... (insert the following for each series: "the	2294
.......... series, in a principal amount of .......... dollars,	2295
requiring ...... mills per dollar of tax valuation, which amounts	2296
to ...... (rate expressed in cents or dollars and cents, such as	2297
"36 cents" or "$1.41") for each one hundred dollars in tax	2298
valuation, commencing in .......... and first payable in	2299
..........)?"	2300

and, unless the additional levy

2301

of taxes is not required pursuant

2302

to division (C) of section

2303

3318.05 of the Revised Code,

2304

"Shall an additional levy of taxes be made for a period of	2306
twenty-three years to benefit the .......... (here insert name of	2307
school district) school district, the proceeds of which shall be	2308
used to pay the cost of maintaining the classroom facilities	2309
included in the project at the rate of .......... (here insert the	2310
number of mills, which shall not be less than one-half mill) mills	2311
for each one dollar of valuation?	2312

2313

2316

(B) If it is necessary for the school district to acquire a	2317
site for the classroom facilities to be acquired pursuant to	2318
sections 3318.01 to 3318.20 of the Revised Code, the district	2319
board may propose either to issue bonds of the board or to levy a	2320
tax to pay for the acquisition of such site, and may combine the	2321
question of doing so with the questions specified in division (A)	2322
of this section. Bonds issued under this division for the purpose	2323
of acquiring a site are a general obligation of the school	2324
district and are Chapter 133. securities.	2325

The form of that portion of the ballot to include the	2326
question of either issuing bonds or levying a tax for site	2327
acquisition purposes shall be one of the forms prescribed in	2328
division (D) of section 3318.06 of the Revised Code.	2329

(C) Where the school district board chooses to combine the	2330
question in division (A) of this section with any of the	2331
additional questions described in divisions (A) to (D) of section	2332
3318.056 of the Revised Code, the question specified in division	2333
(A) of this section to be voted on shall be "For the Bond Issues	2334
and the Tax Levies" and "Against the Bond Issues and the Tax	2335
Levies."	2336

(D) If a majority of those voting upon a proposition	2337
prescribed in this section which includes the question of issuing	2338
bonds vote in favor of that issuance, and if the agreement	2339
prescribed in section 3318.08 of the Revised Code has been entered	2340
into, the school district board may proceed under Chapter 133. of	2341
the Revised Code with the issuance of bonds or bond anticipation	2342
notes in accordance with the terms of the agreement.	2343

Sec. 3318.08.  If the requisite favorable vote on the	2344
election is obtained, or if the school district board has resolved	2345
to apply the proceeds of a property tax levy or the proceeds of an	2346
income tax, or a combination of proceeds from such taxes, as	2347
authorized in section 3318.052 of the Revised Code, the Ohio	2348
school facilities commission, upon certification to it of either	2349
the results of the election or the resolution under section	2350
3318.052 of the Revised Code, shall enter into a written agreement	2351
with the school district board for the construction and sale of	2352
the project, which agreement shall include, but need not be	2353
limited to, the following provisions:	2354

(A) The sale and issuance of bonds or notes in anticipation	2355
thereof, as soon as practicable after the execution of the	2356
agreement, in an amount equal to the school district's portion of	2357
the basic project cost, including any bonds previously authorized	2358
by the district's electors as described in section 3318.033 of the	2359
Revised Code and any securities authorized under division (J) of	2360
section 133.06 of the Revised Code and dedicated by the school	2361
district board to payment of the district's portion of the basic	2362
project cost of the project; provided, that if at that time the	2363
county treasurer of each county in which the school district is	2364
located has not commenced the collection of taxes on the general	2365
duplicate of real and public utility property for the year in	2366
which the controlling board approved the project, the school	2367
district board shall authorize the issuance of a first installment	2368
of bond anticipation notes in an amount specified by the	2369
agreement, which amount shall not exceed an amount necessary to	2370
raise the net bonded indebtedness of the school district as of the	2371
date of the controlling board's approval to within five thousand	2372
dollars of the required level of indebtedness for the preceding	2373
year. In the event that a first installment of bond anticipation	2374
notes is issued, the school district board shall, as soon as	2375
practicable after the county treasurer of each county in which the	2376
school district is located has commenced the collection of taxes	2377
on the general duplicate of real and public utility property for	2378
the year in which the controlling board approved the project,	2379
authorize the issuance of a second and final installment of bond	2380
anticipation notes or a first and final issue of bonds.	2381

The combined value of the first and second installment of	2382
bond anticipation notes or the value of the first and final issue	2383
of bonds shall be equal to the school district's portion of the	2384
basic project cost. The proceeds of any such bonds shall be used	2385
first to retire any bond anticipation notes. Otherwise, the	2386
proceeds of such bonds and of any bond anticipation notes, except	2387
the premium and accrued interest thereon, shall be deposited in	2388
the school district's project construction fund. In determining	2389
the amount of net bonded indebtedness for the purpose of fixing	2390
the amount of an issue of either bonds or bond anticipation notes,	2391
gross indebtedness shall be reduced by moneys in the bond	2392
retirement fund only to the extent of the moneys therein on the	2393
first day of the year preceding the year in which the controlling	2394
board approved the project. Should there be a decrease in the tax	2395
valuation of the school district so that the amount of	2396
indebtedness that can be incurred on the tax duplicates for the	2397
year in which the controlling board approved the project is less	2398
than the amount of the first installment of bond anticipation	2399
notes, there shall be paid from the school district's project	2400
construction fund to the school district's bond retirement fund to	2401
be applied against such notes an amount sufficient to cause the	2402
net bonded indebtedness of the school district, as of the first	2403
day of the year following the year in which the controlling board	2404
approved the project, to be within five thousand dollars of the	2405
required level of indebtedness for the year in which the	2406
controlling board approved the project. The maximum amount of	2407
indebtedness to be incurred by any school district board as its	2408
share of the cost of the project is either an amount that will	2409
cause its net bonded indebtedness, as of the first day of the year	2410
following the year in which the controlling board approved the	2411
project, to be within five thousand dollars of the required level	2412
of indebtedness, or an amount equal to the required percentage of	2413
the basic project costs, whichever is greater. All bonds and bond	2414
anticipation notes shall be issued in accordance with Chapter 133.	2415
of the Revised Code, and notes may be renewed as provided in	2416
section 133.22 of the Revised Code.	2417

(B) The transfer of such funds of the school district board	2418
available for the project, together with the proceeds of the sale	2419
of the bonds or notes, except premium, accrued interest, and	2420
interest included in the amount of the issue, to the school	2421
district's project construction fund;	2422

(C) If section 3318.052 of the Revised Code applies, the	2423
earmarking of the proceeds of a tax levied under section 5705.21	2424
of the Revised Code for general ongoing permanent or under	2425
section 5705.218 of the Revised Code for the purpose of permanent	2426
improvements, or the proceeds of a school district income tax	2427
levied under Chapter 5748. of the Revised Code, or the proceeds	2428
from a combination of those two taxes, in an amount to pay all or	2429
part of the service charges on bonds issued to pay the school	2430
district portion of the project and an amount equivalent to all or	2431
part of the tax required under division (B) of section 3318.05 of	2432
the Revised Code.	2433

(C)(D) If section 3318.052 of the Revised Code does not	2434
apply, either of the following:	2435

(1) The levy of the tax authorized at the election for the	2436
payment of maintenance costs, as specified in division (B) of	2437
section 3318.05 of the Revised Code;	2438

(2) If the school district electors have approved a	2439
continuing tax of at least two mills for each dollar of valuation	2440
for general ongoing permanent improvements under section 5705.21	2441
of the Revised Code and that tax can be used for maintenance, the	2442
earmarking of an amount of the proceeds from such tax for	2443
maintenance of classroom facilities as specified in division (B)	2444
of section 3318.05 of the Revised Code.	2445

(D)(E) Dedication of any local donated contribution as	2446
provided for under section 3318.084 of the Revised Code, including	2447
a schedule for depositing such moneys applied as an offset of the	2448
district's obligation to levy the tax described in division (B) of	2449
section 3318.05 of the Revised Code as required under division	2450
(D)(2) of section 3318.084 of the Revised Code.	2451

(F) Ownership of or interest in the project during the	2452
period of construction, which shall be divided between the	2453
commission and the school district board in proportion to their	2454
respective contributions to the school district's project	2455
construction fund;	2456

(E)(G) Maintenance of the state's interest in the project	2457
until any obligations issued for the project under section 3318.26	2458
of the Revised Code are no longer outstanding;	2459

(F)(H) The insurance of the project by the school district	2460
from the time there is an insurable interest therein and so long	2461
as the state retains any ownership or interest in the project	2462
pursuant to division (D)(F) of this section, in such amounts and	2463
against such risks as the commission shall require; provided, that	2464
the cost of any required insurance until the project is completed	2465
shall be a part of the basic project cost;	2466

(G)(I) The certification by the director of budget and	2467
management that funds are available and have been set aside to	2468
meet the state's share of the basic project cost as approved by	2469
the controlling board pursuant to section 3318.04 of the Revised	2470
Code;	2471

(H)(J) Authorization of the school district board to	2472
advertise for and receive construction bids for the project, for	2473
and on behalf of the commission, and to award contracts in the	2474
name of the state subject to approval by the commission;	2475

(I)(K) Provisions for the disbursement of moneys from the	2476
school district's project account upon issuance by the commission	2477
or the commission's designated representative of vouchers for work	2478
done to be certified to the commission by the treasurer of the	2479
school district board;	2480

(J)(L) Disposal of any balance left in the school district's	2481
project construction fund upon completion of the project;	2482

(K)(M) Limitations upon use of the project or any part of it	2483
so long as any obligations issued to finance the project under	2484
section 3318.26 of the Revised Code are outstanding;	2485

(L)(N) Provision for vesting the state's interest in the	2486
project to the school district board when the obligations issued	2487
to finance the project under section 3318.26 of the Revised Code	2488
are outstanding;	2489

(M)(O) Provision for deposit of an executed copy of the	2490
agreement in the office of the commission;	2491

(N)(P) Provision for termination of the contract and release	2492
of the funds encumbered at the time of the conditional approval,	2493
if the proceeds of the sale of the bonds of the school district	2494
board are not paid into the school district's project construction	2495
fund and if bids for the construction of the project have not been	2496
taken within such period after the execution of the agreement as	2497
may be fixed by the commission;	2498

(O)(Q) Provision for the school district to maintain the	2499
project in accordance with a plan approved by the commission;	2500

(P) Provision(R)(1) For all school districts except those	2501
undertaking a project under section 3318.38 of the Revised Code,	2502
provision that all state funds reserved and encumbered to pay	2503
the state share of the cost of the project pursuant to section	2504
3318.03 of the Revised Code be spent on the construction or	2505
acquisition of the project prior to the expenditure of any funds	2506
provided by the school district to pay for its share of the	2507
project cost, unless the school district certifies to the	2508
commission that expenditure by the school district is necessary to	2509
maintain the tax-exempt status of notes or bonds issued by the	2510
school district to pay for its share of the project cost or to	2511
comply with applicable temporary investment periods or spending	2512
exceptions to rebate as provided for under federal law in regard	2513
to those notes or bonds, in which casecases, the school district	2514
may commit to spend, or spend, a portion of the funds it provides;	2515

(2) For school districts undertaking a project under section	2516
3318.38 of the Revised Code, provision that the state funds	2517
reserved and encumbered and the funds provided by the school	2518
district to pay the basic project cost of any segment of the	2519
project, or of the entire project if it is not divided into	2520
segments, be spent on the construction and acquisition of the	2521
project simultaneously in proportion to the state's and the school	2522
district's respective shares of that basic project cost as	2523
determined under section 3318.032 of the Revised Code.	2524

(Q)(S) A provision stipulating that the commission may	2525
prohibit the district from proceeding with any project if the	2526
commission determines that the site is not suitable for	2527
construction purposes. The commission may perform soil tests in	2528
its determination of whether a site is appropriate for	2529
construction purposes.	2530

(R)(T) A provision stipulating that, unless otherwise	2531
authorized by the commission, any contingency reserve portion of	2532
the construction budget prescribed by the commission shall be used	2533
only to pay costs resulting from unforeseen job conditions, to	2534
comply with rulings regarding building and other codes, to pay	2535
costs related to design clarifications or corrections to contract	2536
documents, and to pay the costs of settlements or judgments	2537
related to the project as provided under section 3318.086 of the	2538
Revised Code.	2539

Sec. 3318.084.  (A) Notwithstanding anything to the contrary	2540
in Chapter 3318. of the Revised Code, a school district board may	2541
apply any local donated contribution toward either or both of the	2542
following:	2543

(1) The district's portion of the basic project cost of a	2544
project under sections 3318.01 to 3318.20 of the Revised Code to	2545
reduce the amount of bonds the district otherwise must issue in	2546
order to receive state assistance under those sections;	2547

(2) An offset of all or part of a district's obligation to	2548
levy the tax described in division (B) of section 3318.05 of the	2549
Revised Code, which shall be applied only in the manner prescribed	2550
in division (B) of this section.	2551

(B) No school district board shall apply any local donated	2552
contribution under division (A)(2) of this section unless the Ohio	2553
school facilities commission first approves that application.	2554

Upon the request of the school district board to apply local	2555
donated contribution under division (A)(2) of this section, the	2556
commission in consultation with the department of taxation shall	2557
determine the amount of total revenue that likely would be	2558
generated by one-half mill of the tax described in division (B) of	2559
section 3318.05 of the Revised Code over the entire	2560
twenty-three-year period required under that section and shall	2561
deduct from that amount any amount of local donated contribution	2562
that the board has committed to apply under division (A)(2) of	2563
this section. The commission then shall determine in consultation	2564
with the department of taxation the rate of tax over twenty-three	2565
years necessary to generate the amount of a one-half mill tax not	2566
offset by the local donated contribution. Notwithstanding	2567
anything to the contrary in section 3318.06, 3318.061, or 3318.361	2568
of the Revised Code, the rate determined by the commission shall	2569
be the rate for which the district board shall seek elector	2570
approval under those sections to meet its obligation under	2571
division (B) of section 3318.05 of the Revised Code. In the case	2572
of a complete offset of the district's obligation under division	2573
(B) of section 3318.05 of the Revised Code, the district shall not	2574
be required to levy the tax otherwise required under that section.	2575
At the end of the twenty-three-year period of the tax required	2576
under division (B) of section 3318.05 of the Revised Code, whether	2577
or not the tax is actually levied, the commission in consultation	2578
of the department of taxation shall recalculate the amount that	2579
would have been generated by the tax if it had been levied at	2580
one-half mill. If the total amount actually generated over that	2581
period from both the tax that was actually levied and any local	2582
donated contribution applied under division (A)(2) of this section	2583
is less than the amount that would have been raised by a one-half	2584
mill tax, the district shall pay any difference. If the total	2585
amount actually raised in such manner is greater than the amount	2586
that would have been raised by a one-half mill tax the difference	2587
shall be zero and no payments shall be made by either the district	2588
or the commission.	2589

(C) As used in this section, "local donated contribution"	2590
means eitherany of the following:	2591

(1) Any moneys irrevocably donated or granted to a school	2592
district board by a source other than the state which the board	2593
has the authority to apply to the school district's project under	2594
sections 3318.01 to 3318.20 of the Revised Code and which the	2595
board has pledged for that purpose by resolution adopted by a	2596
majority of its members;	2597

(2) Any irrevocable letter of credit issued on behalf of a	2598
school district or any cash a school district has on hand,	2599
including any year-end operating fund balances, that can be spent	2600
for classroom facilities, either of which the school district	2601
board has encumbered for payment of the school district's share of	2602
its project under sections 3318.01 to 3318.20 of the Revised Code	2603
and either of which has been approved by the commission in	2604
consultation with the department of education;	2605

(3) Any moneys spent by a source other than the school	2606
district or the state for construction or renovation of specific	2607
classroom facilities that have been approved by the commission as	2608
part of the basic project cost of the district's project. The	2609
school district, the commission, and the entity providing the	2610
local donated contribution under division (C) (3) of this section	2611
shall enter into an agreement indentifying the classroom	2612
facilities to be acquired by the expenditures made by that entity.	2613
The agreement shall include, but not be limited to, stipulations	2614
that require an audit by the commission of such expenditures made	2615
on behalf of the district and that specify the maximum amount of	2616
credit to be allowed for those expenditures. Upon completion of	2617
the construction or renovation, the commission shall determine the	2618
actual amount that the commission will credit, at the request of	2619
the district board, toward the district's portion of the basic	2620
project cost, any project cost overruns, or the basic project cost	2621
of future segments if the project has been divided into segments	2622
under section 3318.38 of the Revised Code. The actual amount of	2623
the credit shall not exceed the lesser of the amount specified in	2624
the agreement or the actual cost of the construction or	2625
renovation.	2626

(D) No state moneys shall be released for a project to which	2627
this section applies until any:	2628

(1) Any local donated contribution authorized under division	2629
(A)(1) of this section is first deposited into the school	2630
district's project construction fund, if applied under division	2631
(A)(1) of this section, or into the district's capital and	2632
maintenance fund if applied under division (A)(2) of this section.	2633

(2) The school district board and the commission have	2634
included a stipulation in their agreement entered into under	2635
section 3318.08 of the Revised Code under which the board will	2636
deposit into a fund approved by the commission according to a	2637
schedule that does not extend beyond the anticipated completion	2638
date of the project the total amount of any local donated	2639
contribution authorized under division (A)(2) of this section and	2640
dedicated by the board for that purpose.	2641

However, if any local donated contribution as described in	2642
division (C) (3) of this section has been approved under this	2643
section, the state moneys may be released even if the entity	2644
providing that local donated contribution has not spent the moneys	2645
so dedicated as long as the agreement required under that section	2646
has been executed.	2647

Sec. 3318.11.  For any project for which the state's portion	2649
of the basic project cost exceeds twenty-five million dollars	2650
undertaken with financial assistance from the state under this	2651
chapter, the amount of state appropriations to be encumbered for	2652
the project in each fiscal biennium shall be determined by the	2653
Ohio school facilities commission based on the project's estimated	2654
construction schedule for that biennium. In each fiscal biennium	2655
subsequent to the first biennium in which state appropriations are	2656
encumbered for the project, the project has priority for state	2657
funds over projects for which initial state funding is sought.	2658

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

2659

(1) "Ohio school facilities commission," "classroom	2660
facilities," "school district," "school district board," "net	2661
bonded indebtedness," "required percentage of the basic project	2662
costs," "basic project cost," "valuation," and "percentile" have	2663
the same meanings as in section 3318.01 of the Revised Code.	2664

(2) "Required level of indebtedness" means five per cent of	2665
the school district's valuation for the year preceding the year in	2666
which the commission and school district enter into an agreement	2667
under division (B) of this section, plus [two one-hundredths of	2668
one per cent multiplied by (the percentile in which the district	2669
ranks in the fiscal year the commission and the school district	2670
enter into such agreement minus one)].	2671

(3) "Local resources" means any moneys generated in any	2672
manner permitted for a school district board to raise the school	2673
district portion of a project undertaken with assistance under	2674
sections 3318.01 to 3318.20 of the Revised Code.	2675

(B)(1) There is hereby established the school building	2676
assistance expedited local partnership program. Under the	2677
program, the Ohio school facilities commission may enter into an	2678
agreement with the school district board of any school district	2679
under which the school district board may proceed with the new	2680
construction or major repairs of a part of the school district's	2681
classroom facilities needs, as determined under sections 3318.01	2682
to 3318.20 of the Revised Code, through the expenditure of local	2683
resources prior to the school district's eligibility for state	2684
assistance under sections 3318.01 to 3318.20 of the Revised Code	2685
and may apply that expenditure toward meeting the school	2686
district's portion of the basic project cost of the total of the	2687
school district's classroom facilities needs, as determined under	2688
sections 3318.01 to 3318.20 of the Revised Code and as	2689
recalculated under division (E) of this section, that are eligible	2690
for state assistance under sections 3318.01 to 3318.20 of the	2691
Revised Code when the school district becomes eligible for such	2692
state assistance. Any school district that is reasonably expected	2693
to receive assistance under sections 3318.01 to 3318.20 of the	2694
Revised Code within two fiscal years from the date the school	2695
district adopts its resolution under division (B) of this section	2696
shall not be eligible to participate in the program.	2697

(2) To participate in the program, a school district board	2698
shall first adopt a resolution certifying to the commission the	2699
board's intent to participate in the program.	2700

The resolution shall specify the approximate date that the	2701
board intends to seek elector approval of any bond or tax measures	2702
or to apply other local resources to use to pay the cost of	2703
classroom facilities to be constructed under this section. The	2704
resolution may specify the application of local resources or	2705
elector-approved bond or tax measures after the resolution is	2706
adopted by the board, and in such case the board may proceed with	2707
a discrete portion of its project under this section as soon as	2708
the commission and the controlling board have approved the basic	2709
project cost of the district's classroom facilities needs as	2710
specified in division (D) of this section. The board shall submit	2711
its resolution to the commission not later than ten days after the	2712
date the resolution is adopted by the board.	2713

The commission shall not consider any resolution that is	2714
submitted pursuant to division (B)(2) of this section, as amended	2715
by this amendment, sooner than September 14, 2000.	2716

(3) Any project under this section shall comply with section	2717
3318.03 of the Revised Code and with any specifications for plans	2718
and materials for classroom facilities adopted by the commission	2719
under section 3318.04 of the Revised Code.	2720

(4) If a school district that enters into an agreement under	2721
this section has not begun a project applying local resources as	2722
provided for under that agreement at the time the district is	2723
notified by the commission that it is eligible to receive state	2724
assistance under sections 3318.01 to 3318.20 of the Revised Code,	2725
all assessment and agreement documents entered into under this	2726
section are void.	2727

(5) Only construction of or repairs to classroom facilities	2728
that have been approved by the commission and have been therefore	2729
included as part of a district's basic project cost qualify for	2730
application of local resources under this section.	2731

(C) Based on the results of the on-site visits and	2732
assessment conducted under division (B)(2) of this section, the	2733
commission shall determine the basic project cost of the school	2734
district's classroom facilities needs. The commission shall	2735
determine the school district's portion of such basic project	2736
cost, which shall be the greater of:	2737

(1) The required percentage of the basic project costs,	2738
determined based on the school district's percentile ranking in	2739
the fiscal year the commission and the school district enter into	2740
the agreement under division (B) of this section;	2741

(2) An amount necessary to raise the school district's net	2742
bonded indebtedness, as of the fiscal year the commission and the	2743
school district enter into the agreement under division (B) of	2744
this section, to within five thousand dollars of the required	2745
level of indebtedness.	2746

(D)(1) When the commission determines the basic project cost	2747
of the classroom facilities needs of a school district and the	2748
school district's portion of that basic project cost under	2749
division (C) of this section, the project shall be conditionally	2750
approved. Such conditional approval shall be submitted to the	2751
controlling board for approval thereof. The controlling board	2752
shall forthwith approve or reject the commission's determination,	2753
conditional approval, and the amount of the state's portion of the	2754
basic project cost; however, no state funds shall be encumbered	2755
under this section. Upon approval by the controlling board, the	2756
school district board may identify a discrete part of its	2757
classroom facilities needs, which shall include only new	2758
construction of or additions or major repairs to a particular	2759
building, to address with local resources. Upon identifying a	2760
part of the school district's basic project cost to address with	2761
local resources, the school district board may allocate any	2762
available school district moneys to pay the cost of that	2763
identified part, including the proceeds of an issuance of bonds if	2764
approved by the electors of the school district.	2765

All local resources utilized under this division shall first	2766
be deposited in the project construction account required under	2767
section 3318.08 of the Revised Code.	2768

(2) Unless the school district board exercises its option	2769
under division (D)(3) of this section, for a school district to	2770
qualify for participation in the program authorized under this	2771
section, eitherone of the following conditions shall be	2772
satisfied:	2773

(a) The electors of the school district by a majority vote	2774
shall approve the levy of taxes outside the ten-mill limitation	2775
for a period of twenty-three years at the rate of not less than	2776
one-half mill for each dollar of valuation to be used to pay the	2777
cost of maintaining the classroom facilities included in the basic	2778
project cost as determined by the commission. The form of the	2779
ballot to be used to submit the question whether to approve the	2780
tax required under this division to the electors of the school	2781
district shall be the form for an additional levy of taxes	2782
prescribed in section 3318.361 of the Revised Code, which may be	2783
combined in a single ballot question with the questions prescribed	2784
under section 5705.218 of the Revised Code.	2785

(b) As authorized under division (C) of section 3318.05 of	2786
the Revised Code, the school district board shall earmark from the	2787
proceeds of a permanent improvement tax levied under section	2788
5705.21 of the Revised Code, an amount equivalent to the	2789
additional tax otherwise required under division (D)(2)(a) of this	2790
section for the maintenance of the classroom facilities included	2791
in the basic project cost as determined by the commission.	2792

(c) The school district board shall apply the proceeds of a	2793
tax to leverage bonds as authorized under section 3318.052 of the	2794
Revised Code or dedicate a local donated contribution in the	2795
manner described in division (B) of section 3318.084 of the	2796
Revised Code in an amount equivalent to the additional tax	2797
otherwise required under division (D)(2)(a) of this section for	2798
the maintenance of the classroom facilities included in the basic	2799
project cost as determined by the commission.	2800

(3) A school district board may opt to delay levying the	2801
additional tax required under division (D)(2)(a) of this section	2802
or earmarking of the proceeds of a permanent improvement tax	2803
alternatively required under division (D)(2)(b) of this section	2804
until such time as the school district becomes eligible for state	2805
assistance under sections 3318.01 to 3318.20 of the Revised Code.	2806
In order to exercise its option under this division, the board	2807
shall certify to the commission a resolution indicating the	2808
board's intent to do so prior to entering into an agreement under	2809
division (B) of this section.	2810

(4) If pursuant to division (D)(3) of this section a	2811
district board opts to delay levying an additional tax until the	2812
district becomes eligible for state assistance, it shall submit	2813
the question of levying that tax to the district electors as	2814
follows:	2815

(a) In accordance with section 3318.06 of the Revised Code	2816
if it will also be necessary pursuant to division (E) of this	2817
section to submit a proposal for approval of a bond issue;	2818

(b) In accordance with section 3318.361 of the Revised Code	2819
if it is not necessary to also submit a proposal for approval of a	2820
bond issue pursuant to division (E) of this section.	2821

(5) No state assistance under sections 3318.01 to 3318.20 of	2822
the Revised Code shall be released until a school district board	2823
that adopts and certifies a resolution under this division either	2824
has levied the additional tax or has earmarked the proceeds of a	2825
tax as specified in division (D) of this section.	2826

Any amount required for maintenance under division (D)(2) of	2827
this section shall be deposited into a separate fund as specified	2828
in division (B) of section 3318.05 of the Revised Code.	2829

(E)(1) If the school district becomes eligible for state	2830
assistance under sections 3318.01 to 3318.20 of the Revised Code	2831
based on its percentile ranking as determined under division (B)	2832
of this section, the commission shall conduct a new assessment of	2833
the school district's classroom facilities needs and shall	2834
recalculate the basic project cost based on this new assessment.	2835
The basic project cost recalculated under this division shall	2836
include the amount of expenditures made by the school district	2837
board under division (D)(1) of this section. The commission shall	2838
then recalculate the school district's portion of the new basic	2839
project cost, which shall be the percentage of the original basic	2840
project cost assigned to the school district as its portion under	2841
division (C) of this section. The commission shall deduct the	2842
expenditure of school district moneys made under division (D)(1)	2843
of this section from the school district's portion of the basic	2844
project cost as recalculated under this division. If the amount	2845
of school district resources applied by the school district board	2846
to the school district's portion of the basic project cost under	2847
this section is less than the total amount of such portion as	2848
recalculated under this division, the school district board by a	2849
majority vote of all of its members shall, if it desires to seek	2850
state assistance under sections 3318.01 to 3318.20 of the Revised	2851
Code, adopt a resolution as specified in section 3318.06 of the	2852
Revised Code to submit to the electors of the school district the	2853
question of approval of a bond issue in order to pay any	2854
additional amount of school district portion required for state	2855
assistance. Any tax levy approved under division (D) of this	2856
section satisfies the requirements to levy the additional tax	2857
under section 3318.06 of the Revised Code.	2858

(2) If the amount of school district resources applied by	2859
the school district board to the school district's portion of the	2860
basic project cost under this section is more than the total	2861
amount of such portion as recalculated under this division, within	2862
one year after the school district's portion is recalculated under	2863
division (E)(1) of this section the commission may grant to the	2864
school district the difference between the two calculated	2865
portions, but at no time shall the commission expend any state	2866
funds on a project in an amount greater than the state's portion	2867
of the basic project cost as recalculated under this division.	2868

Any reimbursement under this division shall be only for local	2869
resources the school district has applied toward construction cost	2870
expenditures for the classroom facilities approved by the	2871
commission, which shall not include any financing costs associated	2872
with that construction.	2873

The school district board shall use any moneys reimbursed to	2874
the district under this division to pay off any debt service the	2875
district owes for classroom facilities constructed under its	2876
project under this section before such moneys are applied to any	2877
other purpose.	2878

Sec. 3318.362.  This section applies only to a school	2879
district that participates in the school building assistance	2880
expedited local partnership program under section 3318.36 of the	2881
Revised Code.	2882

Notwithstanding the twenty-three year maximum maturity for	2883
bonds proposed to be issued by a school district board for a	2884
classroom facilities project pursuant to division (C) of section	2885
3318.06 of the Revised Code, aA school district board that enters	2886
into an agreement with the Ohio school facilities commission under	2887
division (B) of section 3318.36 of the Revised Code may propose	2888
for issuance any bonds necessary for its participation in the	2889
program under section 3318.36 of the Revised Code for a term	2890
longer than twenty-three years but not to exceedany number of	2891
years not exceeding the term calculated pursuant to section 133.20	2892
of the Revised Code. Any moneys received from the state under	2893
division (E)(2) of section 3318.36 of the Revised Code shall be	2894
applied, as agreed in writing by the school district board and the	2895
commission, to pay debt service on outstanding bonds or bond	2896
anticipation notes issued by the school district board for its	2897
participation in the expedited local partnership program,	2898
including by placing those moneys in an applicable escrow fund	2899
under division (D) of section 133.34 of the Revised Code.	2900

Sec. 3318.363. (A) This section applies beginning in fiscal	2901
year 2003 and only to a school district participating in the	2902
school building assistance expedited local partnership program	2903
under section 3318.36 of the Revised Code.	2904

(B) If there is a decrease in the tax valuation of a school	2905
district to which this section applies by ten per cent or greater	2906
from one tax year to the next due to a decrease in the assessment	2907
rate of the taxable property of an electric company that owns	2908
property in the district, as provided for in section 5727.111 of	2909
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	2910
General Assembly, the Ohio school facilities commission shall	2911
calculate or recalculate the state and school district portions of	2912
the basic project cost of the school district's project by	2913
determining the percentile rank in which the district would be	2914
located if such ranking were made using the current year adjusted	2915
valuation per pupil, as calculated and reported to the commission	2916
by the department of education under division (A) of section	2917
3318.011 of the Revised Code,adjusted valuation per pupil	2918
calculated under division (C) of this section rather than the	2919
three-year average adjusted valuation per pupil, calculated under	2920
division (B) of that section 3318.011 of the Revised Code. For	2921
such district, the required percentage of the basic project cost	2922
used to determine the state and school district shares of that	2923
cost under division (C) of section 3318.36 of the Revised Code	2924
shall be based on the percentile rank as calculated under this	2925
section rather than as otherwise provided in division (C)(1) of	2926
section 3318.36 of the Revised Code. If the commission has	2927
determined the state and school district portion of the basic	2928
project cost of such a district's project under section 3318.36 of	2929
the Revised Code prior to that decrease in tax valuation, the	2930
commission shall adjust the state and school district shares of	2931
the basic project cost of such project in accordance with this	2932
section.	2933

(C)(1) As used in divisions (C) and (D) of this section,	2934
"total taxable value," "formula ADM," and "income factor" have the	2935
same meanings as in section 3317.02 of the Revised Code.	2936

(2) The adjusted valuation per pupil for a school district	2937
to which this section applies shall be calculated using the	2938
following formula:	2939

(The district's total taxable value for the tax year	2940
preceding the calendar year in which the current fiscal year	2941
begins / the district's formula ADM for the previous fiscal year)	2942
- [$30,000 x (1 - the district's income factor)].	2943

(D) At the request of the Ohio school facilities commission,	2944
the department of education shall report a district's total	2945
taxable value for the tax year preceding the calendar year in	2946
which the current fiscal year begins for any district to which	2947
this section applies as that information has been certified to the	2948
department by the tax commissioner pursuant to section 3317.021 of	2949
the Revised Code.	2950

Sec. 3318.38.  (A) As used in this section, "big-eight	2951
school district" has the same meaning as in section 3314.02 of the	2952
Revised Code.	2953

(B) There is hereby established the accelerated urban school	2954
building assistance program. Under the program, notwithstanding	2955
section 3318.02 of the Revised Code, any big-eight school district	2956
that has not been approved to receive assistance under sections	2957
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	2958
beginning on that date apply for approval of and be approved for	2959
such assistance. Except as otherwise provided in this section,	2960
any project approved and undertaken pursuant to this section shall	2961
comply with all provisions of sections 3318.01 to 3318.20 of the	2962
Revised Code.	2963

The Ohio school facilities commission shall provide	2964
assistance to any big-eight school district eligible for	2965
assistance under this section in the following manner:	2966

(1) Notwithstanding section 3318.02 of the Revised Code:

2967

(a) Not later than June 30, 2002, the commission shall	2968
conduct an on-site visit and shall assess the classroom facilities	2969
needs of each big-eight school district eligible for assistance	2970
under this section;	2971

(b) Beginning July 1, 2002, any big-eight school district	2972
eligible for assistance under this section may apply to the	2973
commission for conditional approval of its project as determined	2974
by the assessment conducted under division (B)(1)(a) of this	2975
section. The commission may conditionally approve that project	2976
and submit it to the controlling board for approval pursuant to	2977
section 3318.04 of the Revised Code.	2978

(2) If the controlling board approves the project of a	2979
big-eight school district eligible for assistance under this	2980
section, the commission and the school district shall enter into	2981
an agreement as prescribed in section 3318.08 of the Revised Code.	2982
Any agreement executed pursuant to this division shall include any	2983
applicable segmentation provisions as approved by the commission	2984
under division (B)(3) of this section.	2985

(3) Notwithstanding any provision to the contrary in	2986
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	2987
big-eight school district eligible for assistance under this	2988
section may with the approval of the commission opt to divide the	2989
project as approved under division (B)(1)(b) of this section into	2990
discrete segments to be completed sequentially. Any project	2991
divided into segments shall comply with all other provisions of	2992
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	2993
as otherwise specified in this division.	2994

If a project is divided into segments under this division:

2995

(a) The school district need raise only the amount equal to	2996
its proportionate share, as determined under section 3318.032 of	2997
the Revised Code, of each segment at any one time and may seek	2998
voter approval of each segment separately;	2999

(b) The state's proportionate share, as determined under	3000
section 3318.032 of the Revised Code, of only the segment which	3001
has been approved by the school district electors or for which the	3002
district has applied a local donated contribution under section	3003
3318.084 of the Revised Code shall be encumbered at any one time	3004
in accordance with section 3318.11 of the Revised Code.	3005
Encumbrance of additional amounts to cover the state's	3006
proportionate share of later segments shall be approved separately	3007
as they are approved by the school district electors or as the	3008
district applies a local donated contribution to the segments	3009
under section 3318.084 of the Revised Code. If the state's share	3010
of any one segment exceeds twenty-five million dollars,	3011
encumbrance of that share is subject to the provisions of section	3012
3318.11 of the Revised Code.	3013

(c) If it is necessary to levy the additional tax for	3014
maintenance under division (B) of section 3318.05 of the Revised	3015
Code with respect to any segment of the project, the district may	3016
utilize the provisions of section 3318.061 of the Revised Code to	3017
ensure that the maintenance tax extends for twenty-three years	3018
after the last segment of the project is undertaken.	3019

(4) For any project under this section, the state funds	3020
reserved and encumbered and the funds provided by the school	3021
district to pay the basic project cost of any segment of the	3022
project, or of the entire project if it is not divided into	3023
segments, shall be spent on the construction and acquisition of	3024
the project simultaneously in proportion to the state's and the	3025
school district's respective shares of that basic project cost as	3026
determined under section 3318.032 of the Revised Code.	3027

Sec. 3333.17.  The Ohio board of regents may enter into	3028
contracts with the appropriate agency in a contiguous state	3029
whereby the agency provides for charging Ohio residents enrolled	3030
in state-assisted post-secondary educational institutions in the	3031
contiguous state, tuition and fees at rates no higher than the	3032
rates charged to students who are residents of that state, and	3033
whereby the Ohio board of regents, as part of such contracts, may	3034
provide that rates for tuition and fees charged to residents of	3035
the contiguous state who are enrolled in state-assisted	3036
post-secondary educational institutions in Ohio shall not exceed	3037
those charged Ohio residents.	3038

State-assisted post-secondary educational institutions in	3039
Ohio may enter into contracts with appropriate state-assisted	3040
post-secondary educational institutions in a contiguous state	3041
whereby the state-assisted post-secondary educational institution	3042
provides for charging Ohio residents enrolled in the institution	3043
in the contiguous state, tuition and fees at rates no higher than	3044
the rates charged to students who are residents of that state, and	3045
whereby the Ohio state-assisted post-secondary institution, as	3046
part of such contracts, may provide that rates for tuition and	3047
fees charged to residents of the contiguous state who are enrolled	3048
in the state-assisted post-secondary educational institutions in	3049
Ohio shall not exceed those charged Ohio residents.	3050

The contracts entered into by the board of regents or a	3051
state-assisted post-secondary educational institution may limit	3052
the type of academic program offered at the reciprocal rates.	3053
Residents of contiguous states enrolled in for credit courses	3054
taught at the main campus and identified off-campus sites at	3055
state-assisted post-secondary educational institutions in Ohio	3056
under such contracts shall be included in calculating the number	3057
of full-time equivalent students for state subsidy purposes. The	3058
board of regents and each state-assisted post-secondary	3059
educational institution shall periodically assess the costs and	3060
benefits of each such contract and the extent to which parity is	3061
achieved between Ohio and the contiguous state with respect to	3062
students benefiting from the contract. All Ohio state-assisted	3063
post-secondary educational institutions participating in these	3064
contracts shall report enrollments and other information annually	3065
to the Ohio board of regents. No contract shall be entered into	3066
under this section without the approval of the controlling board	3067
Ohio board of regents. The Ohio board of regents shall report the	3068
status of these contracts to the controlling board annually.	3069

Sec. 3345.05. (A) All registration fees, nonresident tuition	3070
fees, academic fees for the support of off-campus instruction,	3071
laboratory and course fees when so assessed and collected, student	3072
health fees for the support of a student health service, all other	3073
fees, deposits, charges, receipts, and income from all or part of	3074
the students, all subsidy or other payments from state	3075
appropriations, and all other fees, deposits, charges, receipts,	3076
and income received by each state-supported university and	3077
college, the Ohio state university hospitals and their ancillary	3078
facilities, the Ohio agricultural research and development center,	3079
and the Ohio state university cooperative extension service shall	3080
be held and administered by the respective boards of trustees of	3081
the state-supported universities and colleges; provided, that such	3082
fees, deposits, charges, receipts, and income, to the extent	3083
required by resolutions, trust agreements, indentures, leases, and	3084
agreements adopted, made, or entered into under Chapter 154. or	3085
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	3086
held, administered, transferred, and applied in accordance	3087
therewith.	3088

(B) The Ohio board of regents shall require annual reporting	3089
by the Ohio agricultural research and development center and by	3090
each university and college receiving state aid in such form and	3091
detail as determined by the board in consultation with such	3092
center, universities and colleges, and the director of budget and	3093
management.	3094

(C) Notwithstanding any provision of the Revised Code to the	3095
contrary, the title to investments made by the board of trustees	3096
of a state-supported university or college with funds derived from	3097
revenues described in division (A) of this section shall not be	3098
vested in the state but shall be held in trust by the board. Such	3099
investments shall be made pursuant to an investment policy adopted	3100
by the board in public session that requires all fiduciaries to	3101
discharge their duties with the care, skill, prudence, and	3102
diligence under the circumstances then prevailing that a prudent	3103
person acting in like capacity and familiar with such matters	3104
would use in the conduct of an enterprise of a like character and	3105
with like aims. The policy also shall require at least the	3106
following:	3107

(1) A stipulation that investment be made only in publicly	3108
traded securities averaging at least twenty-five per cent of the	3109
average amount of the investment portfolio over the course of the	3110
previous fiscal year invested in securities of the United States	3111
government or of its agencies or instrumentalities, the treasurer	3112
of state's pooled investment program, obligations of this state or	3113
any political subdivision of this state, certificates of deposit	3114
of any national bank located in this state, written repurchase	3115
agreements with any eligible Ohio financial institution that is a	3116
member of the federal reserve system or federal home loan bank,	3117
money market funds, or bankers acceptances maturing in two hundred	3118
seventy days or less which are eligible for purchase by the	3119
federal reserve system, as a reserve;	3120

(2) The establishment of an investment committee.

3121

(D) The investment committee established under division	3122
(C)(2) of this section shall meet at least quarterly. The	3123
committee shall review and recommend revisions to the board's	3124
investment policy and shall advise the board on its investments	3125
made under division (C) of this section in an effort to assist it	3126
in meeting its obligations as a fiduciary as described in division	3127
(C) of this section. The committee shall be authorized to retain	3128
the services of an investment advisor who meets both of the	3129
following qualifications:	3130

(1) The advisor is either:

3131

(a) Licensed by the division of securities under section	3132
1707.141 of the Revised Code;	3133

(b) Registered with the securities and exchange commission.

3134

(2) The advisor either:

3135

(a) Has experience in the management of investments of	3136
public funds, especially in the investment of state-government	3137
investment portfolios;	3138

(b) Is an eligible institution referenced in section 135.03	3139
of the Revised Code.	3140

Sec. 3702.5213. Notwithstanding sections 3702.51 to 3702.68	3141
of the Revised Code, the southern Ohio veterans home in Brown	3142
county is not required to obtain a certificate of need for the	3143
addition of up to one hundred sixty-eight additional nursing home	3144
beds to be licensed under Chapter 3721. of the Revised Code if the	3145
additional beds are placed in service prior to December 31, 2004.	3146

Sec. 5705.19.  This section does not apply to school	3147
districts or county school financing districts.	3148

The taxing authority of any subdivision at any time and in	3149
any year, by vote of two-thirds of all the members of the taxing	3150
authority, may declare by resolution and certify the resolution to	3151
the board of elections not less than seventy-five days before the	3152
election upon which it will be voted that the amount of taxes that	3153
may be raised within the ten-mill limitation will be insufficient	3154
to provide for the necessary requirements of the subdivision and	3155
that it is necessary to levy a tax in excess of that limitation	3156
for any of the following purposes:	3157

(A) For current expenses of the subdivision, except that the	3158
total levy for current expenses of a detention facility district	3159
or district organized under section 2151.65 of the Revised Code	3160
shall not exceed two mills and that the total levy for current	3161
expenses of a combined district organized under sections 2152.41	3162
and 2151.65 of the Revised Code shall not exceed four mills;	3163

(B) For the payment of debt charges on certain described	3164
bonds, notes, or certificates of indebtedness of the subdivision	3165
issued subsequent to January 1, 1925;	3166

(C) For the debt charges on all bonds, notes, and	3167
certificates of indebtedness issued and authorized to be issued	3168
prior to January 1, 1925;	3169

(D) For a public library of, or supported by, the	3170
subdivision under whatever law organized or authorized to be	3171
supported;	3172

(E) For a municipal university, not to exceed two mills over	3173
the limitation of one mill prescribed in section 3349.13 of the	3174
Revised Code;	3175

(F) For the construction or acquisition of any specific	3176
permanent improvement or class of improvements that the taxing	3177
authority of the subdivision may include in a single bond issue;	3178

(G) For the general construction, reconstruction,	3179
resurfacing, and repair of streets, roads, and bridges in	3180
municipal corporations, counties, or townships;	3181

(H) For recreational purposes;

3182

(I) For the purpose of providing and maintaining fire	3183
apparatus, appliances, buildings, or sites therefor, or sources of	3184
water supply and materials therefor, or the establishment and	3185
maintenance of lines of fire alarm telegraph, or the payment of	3186
permanent, part-time, or volunteer firefighters or firefighting	3187
companies to operate the same, including the payment of the	3188
firefighter employers' contribution required under section 742.34	3189
of the Revised Code, or the purchase of ambulance equipment, or	3190
the provision of ambulance, paramedic, or other emergency medical	3191
services operated by a fire department or firefighting company;	3192

(J) For the purpose of providing and maintaining motor	3193
vehicles, communications, and other equipment used directly in the	3194
operation of a police department, or the payment of salaries of	3195
permanent police personnel, including the payment of the police	3196
officer employers' contribution required under section 742.33 of	3197
the Revised Code, or the payment of the costs incurred by	3198
townships as a result of contracts made with other political	3199
subdivisions in order to obtain police protection, or the	3200
provision of ambulance or emergency medical services operated by a	3201
police department;	3202

(K) For the maintenance and operation of a county home or	3203
detention facility;	3204

(L) For community mental retardation and developmental	3205
disabilities programs and services pursuant to Chapter 5126. of	3206
the Revised Code, except that the procedure for such levies shall	3207
be as provided in section 5705.222 of the Revised Code;	3208

(M) For regional planning;

3209

(N) For a county's share of the cost of maintaining and	3210
operating schools, district detention facilities, forestry camps,	3211
or other facilities, or any combination thereof, established under	3212
section 2152.41 or 2151.65 of the Revised Code or both of those	3213
sections;	3214

(O) For providing for flood defense, providing and	3215
maintaining a flood wall or pumps, and other purposes to prevent	3216
floods;	3217

(P) For maintaining and operating sewage disposal plants and	3218
facilities;	3219

(Q) For the purpose of purchasing, acquiring, constructing,	3220
enlarging, improving, equipping, repairing, maintaining, or	3221
operating, or any combination of the foregoing, a county transit	3222
system pursuant to sections 306.01 to 306.13 of the Revised Code,	3223
or of making any payment to a board of county commissioners	3224
operating a transit system or a county transit board pursuant to	3225
section 306.06 of the Revised Code;	3226

(R) For the subdivision's share of the cost of acquiring or	3227
constructing any schools, forestry camps, detention facilities,	3228
or other facilities, or any combination thereof, under section	3229
2152.41 or 2151.65 of the Revised Code or both of those sections;	3230

(S) For the prevention, control, and abatement of air	3231
pollution;	3232

(T) For maintaining and operating cemeteries;

3233

(U) For providing ambulance service, emergency medical	3234
service, or both;	3235

(V) For providing for the collection and disposal of garbage	3236
or refuse, including yard waste;	3237

(W) For the payment of the police officer employers'	3238
contribution or the firefighter employers' contribution required	3239
under sections 742.33 and 742.34 of the Revised Code;	3240

(X) For the construction and maintenance of a drainage	3241
improvement pursuant to section 6131.52 of the Revised Code;	3242

(Y) For providing or maintaining senior citizens services or	3243
facilities as authorized by section 307.694, 307.85, 505.70, or	3244
505.706 or division (EE) of section 717.01 of the Revised Code;	3245

(Z) For the provision and maintenance of zoological park	3246
services and facilities as authorized under section 307.76 of the	3247
Revised Code;	3248

(AA) For the maintenance and operation of a free public	3249
museum of art, science, or history;	3250

(BB) For the establishment and operation of a 9-1-1 system,	3251
as defined in section 4931.40 of the Revised Code;	3252

(CC) For the purpose of acquiring, rehabilitating, or	3253
developing rail property or rail service. As used in this	3254
division, "rail property" and "rail service" have the same	3255
meanings as in section 4981.01 of the Revised Code. This division	3256
applies only to a county, township, or municipal corporation.	3257

(DD) For the purpose of acquiring property for,	3258
constructing, operating, and maintaining community centers as	3259
provided for in section 755.16 of the Revised Code;	3260

(EE) For the creation and operation of an office or joint	3261
office of economic development, for any economic development	3262
purpose of the office, and to otherwise provide for the	3263
establishment and operation of a program of economic development	3264
pursuant to sections 307.07 and 307.64 of the Revised Code;	3265

(FF) For the purpose of acquiring, establishing,	3266
constructing, improving, equipping, maintaining, or operating, or	3267
any combination of the foregoing, a township airport, landing	3268
field, or other air navigation facility pursuant to section 505.15	3269
of the Revised Code;	3270

(GG) For the payment of costs incurred by a township as a	3271
result of a contract made with a county pursuant to section	3272
505.263 of the Revised Code in order to pay all or any part of the	3273
cost of constructing, maintaining, repairing, or operating a water	3274
supply improvement;	3275

(HH) For a board of township trustees to acquire, other than	3276
by appropriation, an ownership interest in land, water, or	3277
wetlands, or to restore or maintain land, water, or wetlands in	3278
which the board has an ownership interest, not for purposes of	3279
recreation, but for the purposes of protecting and preserving the	3280
natural, scenic, open, or wooded condition of the land, water, or	3281
wetlands against modification or encroachment resulting from	3282
occupation, development, or other use, which may be styled as	3283
protecting or preserving "greenspace" in the resolution, notice of	3284
election, or ballot form;	3285

(II) For the support by a county of a crime victim	3286
assistance program that is provided and maintained by a county	3287
agency or a private, nonprofit corporation or association under	3288
section 307.62 of the Revised Code;	3289

(JJ) For any or all of the purposes set forth in divisions	3290
(I) and (J) of this section. This division applies only to a	3291
township.	3292

(KK) For a countywide public safety communications system	3293
under section 307.63 of the Revised Code. This division applies	3294
only to counties.	3295

(LL) For the support by a county of criminal justice	3296
services under section 307.45 of the Revised Code;	3297

(MM) For the purpose of maintaining and operating a jail or	3298
other detention facility as defined in section 2921.01 of the	3299
Revised Code;	3300

(NN) For purchasing, maintaining, or improving, or any	3301
combination of the foregoing, real estate on which to hold	3302
agricultural fairs. This division applies only to a county.	3303

(OO) For constructing, rehabilitating, repairing, or	3304
maintaining sidewalks, walkways, trails, bicycle pathways, or	3305
similar improvements, or acquiring ownership interests in land	3306
necessary for the foregoing improvements, by a board of township	3307
trustees;	3308

(PP) For both of the purposes set forth in divisions (G) and	3309
(OO) of this section. This division applies only to a township.	3310

(QQ) For both of the purposes set forth in divisions (H) and	3311
(HH) of this section. This division applies only to a township.	3312

(RR) For the legislative authority of a municipal	3313
corporation, board of county commissioners of a county, or board	3314
of township trustees of a township to acquire agricultural	3315
easements, as defined in section 5301.67 of the Revised Code, and	3316
to supervise and enforce the easements.	3317

(SS) For both of the purposes set forth in divisions (BB)	3318
and (KK) of this section. This division applies only to a county.	3319

The resolution shall be confined to the purpose or purposes	3320
described in one division of this section, to which the revenue	3321
derived therefrom shall be applied. The existence in any other	3322
division of this section of authority to levy a tax for any part	3323
or all of the same purpose or purposes does not preclude the use	3324
of such revenues for any part of the purpose or purposes of the	3325
division under which the resolution is adopted.	3326

The resolution shall specify the amount of the increase in	3327
rate that it is necessary to levy, the purpose of that increase in	3328
rate, and the number of years during which the increase in rate	3329
shall be in effect, which may or may not include a levy upon the	3330
duplicate of the current year. The number of years may be any	3331
number not exceeding five, except as follows:	3332

(1) When the additional rate is for the payment of debt	3333
charges, the increased rate shall be for the life of the	3334
indebtedness.	3335

(2) When the additional rate is for any of the following,	3336
the increased rate shall be for a continuing period of time:	3337

(a) For the current expenses for a detention facility	3338
district, a district organized under section 2151.65 of the	3339
Revised Code, or a combined district organized under sections	3340
2152.41 and 2151.65 of the Revised Code;	3341

(b) For providing a county's share of the cost of	3342
maintaining and operating schools, district detention facilities,	3343
forestry camps, or other facilities, or any combination thereof,	3344
established under section 2152.41 or 2151.65 of the Revised Code	3345
or under both of those sections.	3346

(3) When the additional rate is for any of the following,	3347
the increased rate may be for a continuing period of time:	3348

(a) For the purposes set forth in division (I), (J), (U), or	3349
(KK) of this section;	3350

(b) For the maintenance and operation of a joint recreation	3351
district;	3352

(c) A levy imposed by a township for the purposes set forth	3353
in division (G) of this section.	3354

(4) When the increase is for the purpose or purposes set	3355
forth in division (D) or, (G), (CC), or (PP) of this section or	3356
for both of the purposes set forth in divisions (G) and (OO) of	3357
this section, the tax levy may be for any specified number of	3358
years or for a continuing period of time, as set forth in the	3359
resolution.	3360

(5) When the additional rate is for the purpose described in	3361
division (Z) of this section, the increased rate shall be for any	3362
number of years not exceeding ten.	3363

A levy for one of the purposes set forth in division (G),	3364
(I), (J), or (U) of this section, and a levy imposed by a township	3365
for the purposes set forth in division (G) of this section, may be	3366
reduced pursuant to section 5705.261 or 5705.31 of the Revised	3367
Code. A levy for one of the purposes set forth in division (G),	3368
(I), (J), or (U) of this section, and a levy imposed by a township	3369
for the purposes set forth in division (G) of this section, may	3370
also be terminated or permanently reduced by the taxing authority	3371
if it adopts a resolution stating that the continuance of the levy	3372
is unnecessary and the levy shall be terminated or that the	3373
millage is excessive and the levy shall be decreased by a	3374
designated amount.	3375

A resolution of a detention facility district, a district	3376
organized under section 2151.65 of the Revised Code, or a combined	3377
district organized under both sections 2152.41 and 2151.65 of the	3378
Revised Code may include both current expenses and other purposes,	3379
provided that the resolution shall apportion the annual rate of	3380
levy between the current expenses and the other purpose or	3381
purposes. The apportionment need not be the same for each year of	3382
the levy, but the respective portions of the rate actually levied	3383
each year for the current expenses and the other purpose or	3384
purposes shall be limited by the apportionment.	3385

Whenever a board of county commissioners, acting either as	3386
the taxing authority of its county or as the taxing authority of a	3387
sewer district or subdistrict created under Chapter 6117. of the	3388
Revised Code, by resolution declares it necessary to levy a tax in	3389
excess of the ten-mill limitation for the purpose of constructing,	3390
improving, or extending sewage disposal plants or sewage systems,	3391
the tax may be in effect for any number of years not exceeding	3392
twenty, and the proceeds of the tax, notwithstanding the general	3393
provisions of this section, may be used to pay debt charges on any	3394
obligations issued and outstanding on behalf of the subdivision	3395
for the purposes enumerated in this paragraph, provided that any	3396
such obligations have been specifically described in the	3397
resolution.	3398

The resolution shall go into immediate effect upon its	3399
passage, and no publication of the resolution is necessary other	3400
than that provided for in the notice of election.	3401

When the electors of a subdivision have approved a tax levy	3402
under this section, the taxing authority of the subdivision may	3403
anticipate a fraction of the proceeds of the levy and issue	3404
anticipation notes in accordance with section 5705.191 or 5705.193	3405
of the Revised Code.	3406

Sec. 5705.218.  (A) The board of education of a city, local,	3407
or exempted village school district, at any time by a vote of	3408
two-thirds of all its members, may declare by resolution that it	3409
may be necessary for the school district to issue general	3410
obligation bonds for permanent improvements. The resolution shall	3411
state all of the following:	3412

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

3413

(2) The date of the special election at which the question	3414
shall be submitted to the electors;	3415

(3) The amount, approximate date, estimated rate of	3416
interest, and maximum number of years over which the principal of	3417
the bonds may be paid;	3418

(4) The necessity of levying a tax outside the ten-mill	3419
limitation to pay debt charges on the bonds and any anticipatory	3420
securities.	3421

On adoption of the resolution, the board shall certify a copy	3422
of it to the county auditor. The county auditor promptly shall	3423
estimate and certify to the board the average annual property tax	3424
rate required throughout the stated maturity of the bonds to pay	3425
debt charges on the bonds, in the same manner as under division	3426
(C) of section 133.18 of the Revised Code.	3427

(B) After receiving the county auditor's certification under	3428
division (A) of this section, the board of education of the city,	3429
local, or exempted village school district, by a vote of	3430
two-thirds of all its members, may declare by resolution that the	3431
amount of taxes that can be raised within the ten-mill limitation	3432
will be insufficient to provide an adequate amount for the present	3433
and future requirements of the school district; that it is	3434
necessary to issue general obligation bonds of the school district	3435
for permanent improvements and to levy an additional tax in excess	3436
of the ten-mill limitation to pay debt charges on the bonds and	3437
any anticipatory securities; that it is necessary for a specified	3438
number of years or for a continuing period of time to levy	3439
additional taxes in excess of the ten-mill limitation to provide	3440
funds for the acquisition, construction, enlargement, renovation,	3441
and financing of permanent improvements or to pay for current	3442
operating expenses, or both; and that the question of the bonds	3443
and taxes shall be submitted to the electors of the school	3444
district at a special election, which shall not be earlier than	3445
seventy-five days after certification of the resolution to the	3446
board of elections, and the date of which shall be consistent with	3447
section 3501.01 of the Revised Code. The resolution shall specify	3448
all of the following:	3449

(1) The county auditor's estimate of the average annual	3450
property tax rate required throughout the stated maturity of the	3451
bonds to pay debt charges on the bonds;	3452

(2) The proposed rate of the tax, if any, for current	3453
operating expenses, the first year the tax will be levied, and the	3454
number of years it will be levied, or that it will be levied for a	3455
continuing period of time;	3456

(3) The proposed rate of the tax, if any, for permanent	3457
improvements, the first year the tax will be levied, and the	3458
number of years it will be levied, or that it will be levied for a	3459
continuing period of time.	3460

The resolution shall apportion the annual rate of the tax	3461
between current operating expenses and permanent improvements, if	3462
both taxes are proposed. The apportionment may but need not be	3463
the same for each year of the tax, but the respective portions of	3464
the rate actually levied each year for current operating expenses	3465
and permanent improvements shall be limited by the apportionment.	3466
The resolution shall go into immediate effect upon its passage,	3467
and no publication of it is necessary other than that provided in	3468
the notice of election. The board of education shall certify a	3469
copy of the resolution, along with copies of the auditor's	3470
estimate and its resolution under division (A) of this section, to	3471
the board of elections immediately after its adoption.	3472

(C) The board of elections shall make the arrangements for	3473
the submission of the question to the electors of the school	3474
district, and the election shall be conducted, canvassed, and	3475
certified in the same manner as regular elections in the district	3476
for the election of county officers. The resolution shall be put	3477
before the electors as one ballot question, with a favorable vote	3478
indicating approval of the bond issue, the levy to pay debt	3479
charges on the bonds and any anticipatory securities, the current	3480
operating expenses levy, and the permanent improvements levy, if	3481
either or both levies are proposed. The board of elections shall	3482
publish notice of the election in one or more newspapers of	3483
general circulation in the school district once a week for four	3484
consecutive weeks. The notice of election shall state all of the	3485
following:	3486

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

3487

(2) The permanent improvements for which the bonds are to be	3488
issued;	3489

(3) The maximum number of years over which the principal of	3490
the bonds may be paid;	3491

(4) The estimated additional average annual property tax	3492
rate to pay the debt charges on the bonds, as certified by the	3493
county auditor;	3494

(5) The proposed rate of the additional tax, if any, for	3495
current operating expenses;	3496

(6) The number of years the current operating expenses tax	3497
will be in effect, or that it will be in effect for a continuing	3498
period of time;	3499

(7) The proposed rate of the additional tax, if any, for	3500
permanent improvements;	3501

(8) The number of years the permanent improvements tax will	3502
be in effect, or that it will be in effect for a continuing period	3503
of time;	3504

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

3505

(D) The form of the ballot for an election under this	3506
section is as follows:	3507

"Shall the .......... school district be authorized to do the	3508
following:	3509

(1) Issue bonds for the purpose of .......... in the	3510
principal amount of $......, to be repaid annually over a maximum	3511
period of ...... years, and levy a property tax outside the	3512
ten-mill limitation, estimated by the county auditor to average	3513
over the bond repayment period ...... mills for each one dollar of	3514
tax valuation, which amounts to ...... (rate expressed in cents or	3515
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	3516
tax valuation, to pay the annual debt charges on the bonds, and to	3517
pay debt charges on any notes issued in anticipation of those	3518
bonds?"	3519

If either a levy for permanent improvements or a levy for	3520
current operating expenses is proposed, or both are proposed, the	3521
ballot also shall contain the following language, as appropriate:	3522

"(2) Levy an additional property tax to provide funds for	3523
the acquisition, construction, enlargement, renovation, and	3524
financing of permanent improvements at a rate not exceeding	3525
....... mills for each one dollar of tax valuation, which amounts	3526
to ....... (rate expressed in cents or dollars and cents) for each	3527
$100 of tax valuation, for ...... (number of years of the levy, or	3528
a continuing period of time)?	3529

(3) Levy an additional property tax to pay current operating	3530
expenses at a rate not exceeding ....... mills for each one dollar	3531
of tax valuation, which amounts to ....... (rate expressed in	3532
cents or dollars and cents) for each $100 of tax valuation, for	3533
....... (number of years of the levy, or a continuing period of	3534
time)?	3535

3536

3539

(E) The board of elections promptly shall certify the	3540
results of the election to the tax commissioner and the county	3541
auditor of the county in which the school district is located. If	3542
a majority of the electors voting on the question vote for it, the	3543
board of education may proceed with issuance of the bonds and with	3544
the levy and collection of the property tax or taxes at the	3545
additional rate or any lesser rate in excess of the ten-mill	3546
limitation. Any securities issued by the board of education under	3547
this section are Chapter 133. securities, as that term is defined	3548
in section 133.01 of the Revised Code.	3549

(F)(1) After the approval of a tax for current operating	3550
expenses under this section and prior to the time the first	3551
collection and distribution from the levy can be made, the board	3552
of education may anticipate a fraction of the proceeds of such	3553
levy and issue anticipation notes in a principal amount not	3554
exceeding fifty per cent of the total estimated proceeds of the	3555
tax to be collected during the first year of the levy.	3556

(2) After the approval of a tax under this section for	3557
permanent improvements having a specific purpose, the board of	3558
education may anticipate a fraction of the proceeds of such tax	3559
and issue anticipation notes in a principal amount not exceeding	3560
fifty per cent of the total estimated proceeds of the tax	3561
remaining to be collected in each year over a period of five years	3562
after issuance of the notes.	3563

(3) After the approval of a tax for general, on-going	3564
permanent improvements under this section, the board of education	3565
may anticipate a fraction of the proceeds of such tax and issue	3566
anticipation notes in a principal amount not exceeding fifty per	3567
cent of the total estimated proceeds of the tax to be collected in	3568
each year over a specified period of years, not exceeding ten,	3569
after issuance of the notes.	3570

Anticipation notes under this section shall be issued as	3571
provided in section 133.24 of the Revised Code. Notes issued	3572
under division (F)(1) or (2) of this section shall have principal	3573
payments during each year after the year of their issuance over a	3574
period not to exceed five years, and may have a principal payment	3575
in the year of their issuance. Notes issued under division (F)(3)	3576
of this section shall have principal payments during each year	3577
after the year of their issuance over a period not to exceed ten	3578
years, and may have a principal payment in the year of their	3579
issuance.	3580

(G) A tax for current operating expenses or for permanent	3581
improvements levied under this section for a specified number of	3582
years may be renewed or replaced in the same manner as a tax for	3583
current operating expenses or for permanent improvements levied	3584
under section 5705.21 of the Revised Code. A tax for current	3585
operating expenses or for permanent improvements levied under this	3586
section for a continuing period of time may be decreased in	3587
accordance with section 5705.261 of the Revised Code.	3588

(H) The submission of a question to the electors under this	3589
section is subject to the limitation on the number of elections	3590
that can be held in a year under section 5705.214 of the Revised	3591
Code.	3592

(I) A school district board of education proposing a ballot	3593
measure under this section to generate local resources for a	3594
project under the school building assistance expedited local	3595
partnership program under section 3318.36 of the Revised Code may	3596
combine the questions under division (D) of this section with a	3597
question for the levy of a property tax to generate moneys for	3598
maintenance of the classroom facilities acquired under that	3599
project as prescribed in section 3318.361 of the Revised Code.	3600

Sec. 5709.081.  (A) Real and tangible personal property	3601
owned by a political subdivision that is a public recreational	3602
facility for athletic events shall be exempt from taxation if all	3603
of the following apply:	3604

(1) The property is controlled and managed by a political	3605
subdivision or a county-related corporation or by a similar	3606
corporation under the direct control of a political subdivision	3607
and whose members and trustees are chosen or appointed by the	3608
subdivision;	3609

(2) All revenues and receipts derived by the subdivision or	3610
corporation that controls and manages the property, after	3611
deducting amounts needed to pay necessary expenses for the	3612
operation and management of the property, accrue to the political	3613
subdivision owning the property;	3614

(3) The property is not occupied and used for more than	3615
seven days in any calendar month by any private entity for profit	3616
or for more than a total of fifteen days in any calendar month by	3617
all such private entities for profit;	3618

(4) The property is under the direction and control of the	3619
political subdivision or managing corporation whenever it is being	3620
used by a private entity for profit;	3621

(5) The primary user or users of the property, if such a	3622
primary user exists, are controlled and managed by the political	3623
subdivision or corporation that controls and manages the property.	3624

(B) Tangible personal property, and all buildings,	3625
structures, improvements, and fixtures of any kind on the land,	3626
that are constructed or, in the case of personal property,	3627
acquired after March 2, 1992, and are part of or used in a public	3628
recreational facility used by a major league professional athletic	3629
team or a class A to class AAA minor league affiliate of a major	3630
league baseball team for a significant portion of its home	3631
schedule, and land acquired by a political subdivision in 1999 for	3632
such purposes, are declared to be public property used for a	3633
public purpose and are exempt from taxation, if all of the	3634
following apply:	3635

(1) Such property is owned by one or more political	3636
subdivisions or by a corporation controlled by such subdivisions;	3637

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

3638

(a) Constructed or, in the case of personal property,	3639
acquired pursuant to an agreement with a municipal corporation to	3640
implement a development, redevelopment, or renewal plan for an	3641
area declared by the municipal corporation to be a slum or	3642
blighted area, as those terms are defined in section 725.01 of the	3643
Revised Code;	3644

(b) Financed in whole or in part with public obligations as	3645
defined in section 5709.76 of the Revised Code or otherwise paid	3646
for in whole or in part by one or more political subdivisions;	3647

(c) An improvement or addition to property defined in	3648
division (B)(2)(a) or (b) of this section.	3649

(3) Such property is controlled and managed by oneeither of	3650
the following:	3651

(a) One or more of the political subdivisions or the	3652
corporation that owns it, or controlled and managed by a;	3653

(b) A designee, tenant, or agent of such political	3654
subdivision or subdivisions or corporation pursuant to a	3655
management, lease, or similar written agreement.	3656

(4) The primary user or users of such property, if a primary	3657
user or primary users exist, either:	3658

(a) Are controlled and managed by one or more of the	3659
political subdivisions or the corporation that owns the property;	3660
or	3661

(b) Operate under leases, licenses, management agreements, or	3662
similar arrangements with, and providing for the payment of rents,	3663
revenues, or other remuneration to, one or more of the political	3664
subdivisions or the corporation that owns the property.	3665

(5) Any residual cash accrues to the political subdivision	3666
or subdivisions that own the property or that control the	3667
corporation that owns the property, and is used for the public	3668
purposes of the subdivision or subdivisions. As used in division	3669
(B)(5) of this section, "residual cash" means any revenue and	3670
receipts derived from the property by the political subdivision or	3671
subdivisions or corporation that owns the property and that are	3672
available for unencumbered use by the political subdivision or	3673
subdivisions or corporation, after deducting amounts needed to	3674
make necessary expenditures, pay debt service, and provide for	3675
working capital related to the ownership, management, operation,	3676
and use of the property, including payments of taxes on the	3677
taxable part of the public recreational facility, contractually	3678
obligated payments or deposits into reserves or otherwise, and	3679
service payments under section 307.699 of the Revised Code.	3680

(C) The exemption provided in division (B) of this section	3681
also applies to both of the following:	3682

(1) The property during its construction or, in the case of	3683
tangible personal property, acquisition during the construction	3684
period, if the owner meets the condition of division (B)(1) of	3685
this section and has agreements that provide for the satisfaction	3686
of all other conditions of division (B) of this section upon the	3687
completion of the construction;	3688

(2) Any improvement or addition made after March 2, 1992, to	3689
a public recreational facility that was constructed before March	3690
2, 1992, as long as all other conditions in division (B) of this	3691
section are met.	3692

(D) A corporation that owns property exempt from taxation	3693
under division (B) of this section is a public body for the	3694
purposes of section 121.22 of the Revised Code. The corporation's	3695
records are public records for the purposes of section 149.43 of	3696
the Revised Code, except records related to matters set forth in	3697
division (G) of section 121.22 of the Revised Code and records	3698
related to negotiations that are not yet completed for financing,	3699
leases, or other agreements.	3700

(E) The exemption under division (B) of this section applies	3701
to property that is owned by the political subdivision or	3702
subdivisions or the corporation that owns the public recreational	3703
facility. Tangible personal property owned by users, managers, or	3704
lessees of the facility is taxable when used in the public	3705
recreational facility.	3706

(F) Nothing in this section or in any other section of the	3707
Revised Code prohibits or otherwise precludes an agreement between	3708
a political subdivision, or a corporation controlled by a	3709
political subdivision, that owns or operates a public recreational	3710
facility that is exempted from taxation under division (A) or (B)	3711
of this section and the board of education of a school district or	3712
the legislative authority of a municipal corporation, or both, in	3713
which all or a part of that facility is located, providing for	3714
payments to the school district or municipal corporation, or both,	3715
in lieu of taxes that otherwise would be charged against real and	3716
tangible personal property exempted from taxation under this	3717
section, for a period of time and under such terms and conditions	3718
as the legislative authority of the political subdivision and the	3719
board of education or municipal legislative authority, or both,	3720
may agree, which agreements are hereby specifically authorized.	3721

Sec. 5709.82.  (A) As used in this section:

3722

(1) "New employee" means both of the following:

3723

(a) Persons employed in the construction of real property	3724
exempted from taxation under the chapters or sections of the	3725
Revised Code enumerated in division (B) of this section;	3726

(b) Persons not described by division (A)(1)(a) of this	3727
section who are first employed at the site of such property and	3728
who within the two previous years have not been subject, prior to	3729
being employed at that site, to income taxation by the municipal	3730
corporation within whose territory the site is located on income	3731
derived from employment for the person's current employer. "New	3732
employee" does not include any person who replaces a person who is	3733
not a new employee under division (A)(1) of this section.	3734

(2) "Infrastructure costs" means costs incurred by a	3735
municipal corporation in a calendar year to acquire, construct,	3736
reconstruct, improve, plan, or equip real or tangible personal	3737
property that directly benefits or will directly benefit the	3738
exempted property. If the municipal corporation finances the	3739
acquisition, construction, reconstruction, improvement, planning,	3740
or equipping of real or tangible personal property that directly	3741
benefits the exempted property by issuing debt, "infrastructure	3742
costs" means the annual debt charges incurred by the municipal	3743
corporation from the issuance of such debt. Real or tangible	3744
personal property directly benefits exempted property only if the	3745
exempted property places or will place direct, additional demand	3746
on the real or tangible personal property for which such costs	3747
were or will be incurred.	3748

(B) Except as otherwise provided under division (C) of this	3749
section, the legislative authority of any political subdivision	3750
that has acted under the authority of Chapter 725. or 1728.,	3751
sections 3735.65 to 3735.70, or section 5709.40, 5709.41, 5709.62,	3752
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the	3753
Revised Code to grant an exemption from taxation for real or	3754
tangible personal property may negotiate with the board of	3755
education of each city, local, or exempted village, or joint	3756
vocational school district within the territory of which the	3757
exempted property is located, and enter into an agreement whereby	3758
the school district is compensated for tax revenue that the school	3759
district would have received had the property not been exempted	3760
from taxation.	3761

(C) This division does not apply to the following:

3762

(1) The legislative authority of a municipal corporation	3763
that has acted under the authority of division (H) of section	3764
715.70 or section 715.81 of the Revised Code to consent to the	3765
granting of an exemption from taxation for real or tangible	3766
personal property in a joint economic development district.	3767

(2) The legislative authority of a municipal corporation	3768
that has specified in an ordinance adopted under section 5709.40	3769
or 5709.41 of the Revised Code that payments in lieu of taxes	3770
provided for under section 5709.42 of the Revised Code shall be	3771
paid to the city, local, or exempted village school district in	3772
which the improvements are located in the amount of taxes that	3773
would have been payable to the school district if the improvements	3774
had not been exempted from taxation, as directed in the ordinance.	3775

If the legislative authority of any municipal corporation has	3776
acted under the authority of Chapter 725. or 1728. or section	3777
3735.671, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, or	3778
5709.88, or a housing officer under section 3735.67 of the Revised	3779
Code, to grant or consent to the granting of an exemption from	3780
taxation for real or tangible personal property on or after July	3781
1, 1994, the municipal corporation imposes a tax on incomes, and	3782
the payroll of new employees resulting from the exercise of that	3783
authority equals or exceeds one million dollars in any tax year	3784
for which such property is exempted, the legislative authority and	3785
the board of education of each city, local, or exempted village	3786
school district within the territory of which the exempted	3787
property is located shall attempt to negotiate an agreement	3788
providing for compensation to the school district for all or a	3789
portion of the tax revenue the school district would have received	3790
had the property not been exempted from taxation. The agreement	3791
may include as a party the owner of the property exempted or to be	3792
exempted from taxation and may include provisions obligating the	3793
owner to compensate the school district by paying cash or	3794
providing property or services by gift, loan, or otherwise. Such	3795
an obligation is enforceable by the board of education of the	3796
school district pursuant to the terms of the agreement.	3797

If the legislative authority and board of education fail to	3798
negotiate an agreement that is mutually acceptable within six	3799
months of formal approval by the legislative authority of the	3800
instrument granting the exemption, the legislative authority shall	3801
compensate the school district in the amount and manner prescribed	3802
by division (D) of this section.	3803

(D) Annually, the legislative authority of a municipal	3804
corporation subject to this division shall pay to the city, local,	3805
or exempted village school district within the territory of which	3806
the exempted property is located an amount equal to fifty per cent	3807
of the difference between the amount of taxes levied and collected	3808
by the municipal corporation on the incomes of new employees in	3809
the calendar year ending on the day the payment is required to be	3810
made, and the amount of any infrastructure costs incurred in that	3811
calendar year. For purposes of such computation, the amount of	3812
infrastructure costs shall not exceed thirty-five per cent of the	3813
amount of those taxes unless the board of education of the school	3814
district, by resolution adopted by a majority of the board,	3815
approves an amount in excess of that percentage. If the amount of	3816
those taxes or infrastructure costs must be estimated at the time	3817
the payment is made, payments in subsequent years shall be	3818
adjusted to compensate for any departure of those estimates from	3819
the actual amount of those taxes.	3820

A municipal corporation required to make a payment under this	3821
section shall make the payment from its general fund or a special	3822
fund established for the purpose. The payment is payable on the	3823
thirty-first day of December of the tax year for or in which the	3824
exemption from taxation commences and on that day for each	3825
subsequent tax year property is exempted and the legislative	3826
authority and board fail to negotiate an acceptable agreement	3827
under division (C) of this section.	3828

Sec. 5739.01.  As used in this chapter:

3829

(A) "Person" includes individuals, receivers, assignees,	3830
trustees in bankruptcy, estates, firms, partnerships,	3831
associations, joint-stock companies, joint ventures, clubs,	3832
societies, corporations, the state and its political subdivisions,	3833
and combinations of individuals of any form.	3834

(B) "Sale" and "selling" include all of the following	3835
transactions for a consideration in any manner, whether absolutely	3836
or conditionally, whether for a price or rental, in money or by	3837
exchange, and by any means whatsoever:	3838

(1) All transactions by which title or possession, or both,	3839
of tangible personal property, is or is to be transferred, or a	3840
license to use or consume tangible personal property is or is to	3841
be granted;	3842

(2) All transactions by which lodging by a hotel is or is to	3843
be furnished to transient guests;	3844

(3) All transactions by which:

3845

(a) An item of tangible personal property is or is to be	3846
repaired, except property, the purchase of which would be exempt	3847
from the tax imposed by section 5739.02 of the Revised Code;	3848

(b) An item of tangible personal property is or is to be	3849
installed, except property, the purchase of which would be exempt	3850
from the tax imposed by section 5739.02 of the Revised Code or	3851
property that is or is to be incorporated into and will become a	3852
part of a production, transmission, transportation, or	3853
distribution system for the delivery of a public utility service;	3854

(c) The service of washing, cleaning, waxing, polishing, or	3855
painting a motor vehicle is or is to be furnished;	3856

(d) Industrial laundry cleaning services are or are to be	3857
provided;	3858

(e) Automatic data processing, computer services, or	3859
electronic information services are or are to be provided for use	3860
in business when the true object of the transaction is the receipt	3861
by the consumer of automatic data processing, computer services,	3862
or electronic information services rather than the receipt of	3863
personal or professional services to which automatic data	3864
processing, computer services, or electronic information services	3865
are incidental or supplemental. Notwithstanding any other	3866
provision of this chapter, such transactions that occur between	3867
members of an affiliated group are not sales. An affiliated group	3868
means two or more persons related in such a way that one person	3869
owns or controls the business operation of another member of the	3870
group. In the case of corporations with stock, one corporation	3871
owns or controls another if it owns more than fifty per cent of	3872
the other corporation's common stock with voting rights.	3873

(f) Telecommunications service is provided that originates	3874
or terminates in this state and is charged in the records of the	3875
telecommunications service vendor to the consumer's telephone	3876
number or account in this state, or that both originates and	3877
terminates in this state; but does not include transactions by	3878
which telecommunications service is paid for by using a prepaid	3879
authorization number or prepaid telephone calling card, or by	3880
which local telecommunications service is obtained from a	3881
coin-operated telephone and paid for by using coin;	3882

(g) Landscaping and lawn care service is or is to be	3883
provided;	3884

(h) Private investigation and security service is or is to	3885
be provided;	3886

(i) Information services or tangible personal property is	3887
provided or ordered by means of a nine hundred telephone call;	3888

(j) Building maintenance and janitorial service is or is to	3889
be provided;	3890

(k) Employment service is or is to be provided;

3891

(l) Employment placement service is or is to be provided;

3892

(m) Exterminating service is or is to be provided;

3893

(n) Physical fitness facility service is or is to be	3894
provided;	3895

(o) Recreation and sports club service is or is to be	3896
provided.	3897

(4) All transactions by which printed, imprinted,	3898
overprinted, lithographic, multilithic, blueprinted, photostatic,	3899
or other productions or reproductions of written or graphic matter	3900
are or are to be furnished or transferred;	3901

(5) The production or fabrication of tangible personal	3902
property for a consideration for consumers who furnish either	3903
directly or indirectly the materials used in the production of	3904
fabrication work; and include the furnishing, preparing, or	3905
serving for a consideration of any tangible personal property	3906
consumed on the premises of the person furnishing, preparing, or	3907
serving such tangible personal property. Except as provided in	3908
section 5739.03 of the Revised Code, a construction contract	3909
pursuant to which tangible personal property is or is to be	3910
incorporated into a structure or improvement on and becoming a	3911
part of real property is not a sale of such tangible personal	3912
property. The construction contractor is the consumer of such	3913
tangible personal property, provided that the sale and	3914
installation of carpeting, the sale and installation of	3915
agricultural land tile, the sale and erection or installation of	3916
portable grain bins, or the provision of landscaping and lawn care	3917
service and the transfer of property as part of such service is	3918
never a construction contract. The transfer of copyrighted motion	3919
picture films for exhibition purposes is not a sale, except such	3920
films as are used solely for advertising purposes. Other than as	3921
provided in this section, "sale" and "selling" do not include	3922
transfers of interest in leased property where the original lessee	3923
and the terms of the original lease agreement remain unchanged, or	3924
professional, insurance, or personal service transactions that	3925
involve the transfer of tangible personal property as an	3926
inconsequential element, for which no separate charges are made.	3927

As used in division (B)(5) of this section:

3928

(a) "Agricultural land tile" means fired clay or concrete	3929
tile, or flexible or rigid perforated plastic pipe or tubing,	3930
incorporated or to be incorporated into a subsurface drainage	3931
system appurtenant to land used or to be used directly in	3932
production by farming, agriculture, horticulture, or floriculture.	3933
The term does not include such materials when they are or are to	3934
be incorporated into a drainage system appurtenant to a building	3935
or structure even if the building or structure is used or to be	3936
used in such production.	3937

(b) "Portable grain bin" means a structure that is used or	3938
to be used by a person engaged in farming or agriculture to	3939
shelter the person's grain and that is designed to be disassembled	3940
without significant damage to its component parts.	3941

(6) All transactions in which all of the shares of stock of	3942
a closely held corporation are transferred, if the corporation is	3943
not engaging in business and its entire assets consist of boats,	3944
planes, motor vehicles, or other tangible personal property	3945
operated primarily for the use and enjoyment of the shareholders;	3946

(7) All transactions in which a warranty, maintenance or	3947
service contract, or similar agreement by which the vendor of the	3948
warranty, contract, or agreement agrees to repair or maintain the	3949
tangible personal property of the consumer is or is to be	3950
provided;	3951

(8) All transactions by which a prepaid authorization number	3952
or a prepaid telephone calling card is or is to be transferred.	3953

(C) "Vendor" means the person providing the service or by	3954
whom the transfer effected or license given by a sale is or is to	3955
be made or given and, for sales described in division (B)(3)(i) of	3956
this section, the telecommunications service vendor that provides	3957
the nine hundred telephone service; if two or more persons are	3958
engaged in business at the same place of business under a single	3959
trade name in which all collections on account of sales by each	3960
are made, such persons shall constitute a single vendor.	3961

Physicians, dentists, hospitals, and veterinarians who are	3962
engaged in selling tangible personal property as received from	3963
others, such as eyeglasses, mouthwashes, dentifrices, or similar	3964
articles, are vendors. Veterinarians who are engaged in	3965
transferring to others for a consideration drugs, the dispensing	3966
of which does not require an order of a licensed veterinarian or	3967
physician under federal law, are vendors.	3968

(D)(1) "Consumer" means the person for whom the service is	3969
provided, to whom the transfer effected or license given by a sale	3970
is or is to be made or given, to whom the service described in	3971
division (B)(3)(f) or (i) of this section is charged, or to whom	3972
the admission is granted.	3973

(2) Physicians, dentists, hospitals, and blood banks	3974
operated by nonprofit institutions and persons licensed to	3975
practice veterinary medicine, surgery, and dentistry are consumers	3976
of all tangible personal property and services purchased by them	3977
in connection with the practice of medicine, dentistry, the	3978
rendition of hospital or blood bank service, or the practice of	3979
veterinary medicine, surgery, and dentistry. In addition to being	3980
consumers of drugs administered by them or by their assistants	3981
according to their direction, veterinarians also are consumers of	3982
drugs that under federal law may be dispensed only by or upon the	3983
order of a licensed veterinarian or physician, when transferred by	3984
them to others for a consideration to provide treatment to animals	3985
as directed by the veterinarian.	3986

(3) A person who performs a facility management, or similar	3987
service contract for a contractee is a consumer of all tangible	3988
personal property and services purchased for use in connection	3989
with the performance of such contract, regardless of whether title	3990
to any such property vests in the contractee. The purchase of	3991
such property and services is not subject to the exception for	3992
resale under division (E)(1) of this section.	3993

(4)(a) In the case of a person who purchases printed matter	3994
for the purpose of distributing it or having it distributed to the	3995
public or to a designated segment of the public, free of charge,	3996
that person is the consumer of that printed matter, and the	3997
purchase of that printed matter for that purpose is a sale.	3998

(b) In the case of a person who produces, rather than	3999
purchases, printed matter for the purpose of distributing it or	4000
having it distributed to the public or to a designated segment of	4001
the public, free of charge, that person is the consumer of all	4002
tangible personal property and services purchased for use or	4003
consumption in the production of that printed matter. That person	4004
is not entitled to claim exception under division (E)(8) of this	4005
section for any material incorporated into the printed matter or	4006
any equipment, supplies, or services primarily used to produce the	4007
printed matter.	4008

(c) The distribution of printed matter to the public or to a	4009
designated segment of the public, free of charge, is not a sale to	4010
the members of the public to whom the printed matter is	4011
distributed or to any persons who purchase space in the printed	4012
matter for advertising or other purposes.	4013

(5) A person who makes sales of any of the services listed	4014
in division (B)(3) of this section is the consumer of any tangible	4015
personal property used in performing the service. The purchase of	4016
that property is not subject to the resale exception under	4017
division (E)(1) of this section.	4018

(E) "Retail sale" and "sales at retail" include all sales	4019
except those in which the purpose of the consumer is:	4020

(1) To resell the thing transferred or benefit of the	4021
service provided, by a person engaging in business, in the form in	4022
which the same is, or is to be, received by the person;	4023

(2) To incorporate the thing transferred as a material or a	4024
part, into tangible personal property to be produced for sale by	4025
manufacturing, assembling, processing, or refining, or to use or	4026
consume the thing transferred directly in producing a product for	4027
sale by mining, including without limitation the extraction from	4028
the earth of all substances that are classed geologically as	4029
minerals, production of crude oil and natural gas, farming,	4030
agriculture, horticulture, or floriculture, and persons engaged in	4031
rendering farming, agricultural, horticultural, or floricultural	4032
services, and services in the exploration for, and production of,	4033
crude oil and natural gas, for others are deemed engaged directly	4034
in farming, agriculture, horticulture, and floriculture, or	4035
exploration for, and production of, crude oil and natural gas;	4036
directly in the rendition of a public utility service, except that	4037
the sales tax levied by section 5739.02 of the Revised Code shall	4038
be collected upon all meals, drinks, and food for human	4039
consumption sold upon Pullman and railroad coaches. This	4040
paragraph does not exempt or except from "retail sale" or "sales	4041
at retail" the sale of tangible personal property that is to be	4042
incorporated into a structure or improvement to real property.	4043

(3) To hold the thing transferred as security for the	4044
performance of an obligation of the vendor;	4045

(4) To use or consume the thing transferred in the process	4046
of reclamation as required by Chapters 1513. and 1514. of the	4047
Revised Code;	4048

(5) To resell, hold, use, or consume the thing transferred	4049
as evidence of a contract of insurance;	4050

(6) To use or consume the thing directly in commercial	4051
fishing;	4052

(7) To incorporate the thing transferred as a material or a	4053
part into, or to use or consume the thing transferred directly in	4054
the production of, magazines distributed as controlled circulation	4055
publications;	4056

(8) To use or consume the thing transferred in the	4057
production and preparation in suitable condition for market and	4058
sale of printed, imprinted, overprinted, lithographic,	4059
multilithic, blueprinted, photostatic, or other productions or	4060
reproductions of written or graphic matter;	4061

(9) To use the thing transferred, as described in section	4062
5739.011 of the Revised Code, primarily in a manufacturing	4063
operation to produce tangible personal property for sale;	4064

(10) To use the benefit of a warranty, maintenance or	4065
service contract, or similar agreement, as defined in division	4066
(B)(7) of this section, to repair or maintain tangible personal	4067
property, if all of the property that is the subject of the	4068
warranty, contract, or agreement would be exempt on its purchase	4069
from the tax imposed by section 5739.02 of the Revised Code;	4070

(11) To use the thing transferred as qualified research and	4071
development equipment;	4072

(12) To use or consume the thing transferred primarily in	4073
storing, transporting, mailing, or otherwise handling purchased	4074
sales inventory in a warehouse, distribution center, or similar	4075
facility when the inventory is primarily distributed outside this	4076
state to retail stores of the person who owns or controls the	4077
warehouse, distribution center, or similar facility, to retail	4078
stores of an affiliated group of which that person is a member, or	4079
by means of direct marketing. Division (E)(12) of this section	4080
does not apply to motor vehicles registered for operation on the	4081
public highways. As used in division (E)(12) of this section,	4082
"affiliated group" has the same meaning as in division (B)(3)(e)	4083
of this section and "direct marketing" has the same meaning as in	4084
division (B)(37) of section 5739.02 of the Revised Code.	4085

(13) To use or consume the thing transferred to fulfill a	4086
contractual obligation incurred by a warrantor pursuant to a	4087
warranty provided as a part of the price of the tangible personal	4088
property sold or by a vendor of a warranty, maintenance or service	4089
contract, or similar agreement the provision of which is defined	4090
as a sale under division (B)(7) of this section;	4091

(14) To use or consume the thing transferred in the	4092
production of a newspaper for distribution to the public;	4093

(15) To use tangible personal property to perform a service	4094
listed in division (B)(3) of this section, if the property is or	4095
is to be permanently transferred to the consumer of the service as	4096
an integral part of the performance of the service.	4097

As used in division (E) of this section, "thing" includes all	4098
transactions included in divisions (B)(3)(a), (b), and (e) of this	4099
section.	4100

Sales conducted through a coin-operated device that activates	4101
vacuum equipment or equipment that dispenses water, whether or not	4102
in combination with soap or other cleaning agents or wax, to the	4103
consumer for the consumer's use on the premises in washing,	4104
cleaning, or waxing a motor vehicle, provided no other personal	4105
property or personal service is provided as part of the	4106
transaction, are not retail sales or sales at retail.	4107

(F) "Business" includes any activity engaged in by any	4108
person with the object of gain, benefit, or advantage, either	4109
direct or indirect. "Business" does not include the activity of a	4110
person in managing and investing the person's own funds.	4111

(G) "Engaging in business" means commencing, conducting, or	4112
continuing in business, and liquidating a business when the	4113
liquidator thereof holds itself out to the public as conducting	4114
such business. Making a casual sale is not engaging in business.	4115

(H)(1) "Price," except as provided in divisions (H)(2) and	4116
(3) of this section, means the aggregate value in money of	4117
anything paid or delivered, or promised to be paid or delivered,	4118
in the complete performance of a retail sale, without any	4119
deduction on account of the cost of the property sold, cost of	4120
materials used, labor or service cost, interest, discount paid or	4121
allowed after the sale is consummated, or any other expense. If	4122
the retail sale consists of the rental or lease of tangible	4123
personal property, "price" means the aggregate value in money of	4124
anything paid or delivered, or promised to be paid or delivered,	4125
in the complete performance of the rental or lease, without any	4126
deduction for tax, interest, labor or service charge, damage	4127
liability waiver, termination or damage charge, discount paid or	4128
allowed after the lease is consummated, or any other expense.	4129
Except as provided in division (H)(4) of this section, the sales	4130
tax shall be calculated and collected by the lessor on each	4131
payment made by the lessee. Price does not include the	4132
consideration received as a deposit refundable to the consumer	4133
upon return of a beverage container, the consideration received as	4134
a deposit on a carton or case that is used for such returnable	4135
containers, or the consideration received as a refundable security	4136
deposit for the use of tangible personal property to the extent	4137
that it actually is refunded, if the consideration for such	4138
refundable deposit is separately stated from the consideration	4139
received or to be received for the tangible personal property	4140
transferred in the retail sale. Such separation must appear in	4141
the sales agreement or on the initial invoice or initial billing	4142
rendered by the vendor to the consumer. Price is the amount	4143
received inclusive of the tax, provided the vendor establishes to	4144
the satisfaction of the tax commissioner that the tax was added to	4145
the price. When the price includes both a charge for tangible	4146
personal property and a charge for providing a service and the	4147
sale of the property and the charge for the service are separately	4148
taxable, or have a separately determinable tax status, the price	4149
shall be separately stated for each such charge so the tax can be	4150
correctly computed and charged.	4151

The tax collected by the vendor from the consumer under this	4152
chapter is not part of the price, but is a tax collection for the	4153
benefit of the state and of counties levying an additional sales	4154
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	4155
and of transit authorities levying an additional sales tax	4156
pursuant to section 5739.023 of the Revised Code. Except for the	4157
discount authorized in section 5739.12 of the Revised Code, no	4158
person other than the state or such a county or transit authority	4159
shall derive any benefit from the collection or payment of such	4160
tax.	4161

(2) In the case of a sale of any new motor vehicle by a new	4162
motor vehicle dealer, as defined in section 4517.01 of the Revised	4163
Code, in which another motor vehicle is accepted by the dealer as	4164
part of the consideration received, "price" has the same meaning	4165
as in division (H)(1) of this section, reduced by the credit	4166
afforded the consumer by the dealer for the motor vehicle received	4167
in trade.	4168

(3) In the case of a sale of any watercraft or outboard	4169
motor by a watercraft dealer licensed in accordance with section	4170
1547.543 of the Revised Code, in which another watercraft,	4171
watercraft and trailer, or outboard motor is accepted by the	4172
dealer as part of the consideration received, "price" has the same	4173
meaning as in division (H)(1) of this section, reduced by the	4174
credit afforded the consumer by the dealer for the watercraft,	4175
watercraft and trailer, or outboard motor received in trade.	4176

(4) In the case of the lease of any motor vehicle designed	4177
by the manufacturer to carry a loadhaving a gross vehicle weight	4178
of not more than one tonthirteen thousand five hundred pounds,	4179
watercraft, outboard motor, or aircraft, or the lease of any	4180
tangible personal property, other than motor vehicles designed by	4181
the manufacturer to carry a loadhaving a gross vehicle weight of	4182
more than one tonthirteen thousand five hundred pounds, to be	4183
used by the lessee primarily for business purposes, the sales tax	4184
shall be collected by the vendor at the time the lease is	4185
consummated and shall be calculated by the vendor on the basis of	4186
the total amount to be paid by the lessee under the lease	4187
agreement. If the total amount of the consideration for the lease	4188
includes amounts that are not calculated at the time the lease is	4189
executed, the tax shall be calculated and collected by the vendor	4190
at the time such amounts are billed to the lessee. In the case of	4191
an open-end lease, the sales tax shall be calculated by the vendor	4192
on the basis of the total amount to be paid during the initial	4193
fixed term of the lease, and then for each subsequent renewal	4194
period as it comes due.	4195

As used in divisions (H)(3) and (4) of this section, "motor	4196
vehicle" has the same meaning as in section 4501.01 of the Revised	4197
Code, "gross vehicle weight" means the unladen weight of a vehicle	4198
fully equipped plus the maximum weight of the load to be carried	4199
on the vehicle, and "watercraft" includes an outdrive unit	4200
attached to the watercraft.	4201

(I) "Receipts" means the total amount of the prices of the	4202
sales of vendors, provided that cash discounts allowed and taken	4203
on sales at the time they are consummated are not included, minus	4204
any amount deducted as a bad debt pursuant to section 5739.121 of	4205
the Revised Code. "Receipts" does not include the sale price of	4206
property returned or services rejected by consumers when the full	4207
sale price and tax are refunded either in cash or by credit.	4208

(J) "Place of business" means any location at which a person	4209
engages in business.	4210

(K) "Premises" includes any real property or portion thereof	4211
upon which any person engages in selling tangible personal	4212
property at retail or making retail sales and also includes any	4213
real property or portion thereof designated for, or devoted to,	4214
use in conjunction with the business engaged in by such person.	4215

(L) "Casual sale" means a sale of an item of tangible	4216
personal property that was obtained by the person making the	4217
sale, through purchase or otherwise, for the person's own use in	4218
this state and was previously subject to any state's taxing	4219
jurisdiction on its sale or use, and includes such items acquired	4220
for the seller's use that are sold by an auctioneer employed	4221
directly by the person for such purpose, provided the location of	4222
such sales is not the auctioneer's permanent place of business. As	4223
used in this division, "permanent place of business" includes any	4224
location where such auctioneer has conducted more than two	4225
auctions during the year.	4226

(M) "Hotel" means every establishment kept, used,	4227
maintained, advertised, or held out to the public to be a place	4228
where sleeping accommodations are offered to guests, in which five	4229
or more rooms are used for the accommodation of such guests,	4230
whether the rooms are in one or several structures.	4231

(N) "Transient guests" means persons occupying a room or	4232
rooms for sleeping accommodations for less than thirty consecutive	4233
days.	4234

(O) "Making retail sales" means the effecting of	4235
transactions wherein one party is obligated to pay the price and	4236
the other party is obligated to provide a service or to transfer	4237
title to or possession of the item sold. "Making retail sales"	4238
does not include the preliminary acts of promoting or soliciting	4239
the retail sales, other than the distribution of printed matter	4240
which displays or describes and prices the item offered for sale,	4241
nor does it include delivery of a predetermined quantity of	4242
tangible personal property or transportation of property or	4243
personnel to or from a place where a service is performed,	4244
regardless of whether the vendor is a delivery vendor.	4245

(P) "Used directly in the rendition of a public utility	4246
service" means that property which is to be incorporated into and	4247
will become a part of the consumer's production, transmission,	4248
transportation, or distribution system and that retains its	4249
classification as tangible personal property after such	4250
incorporation; fuel or power used in the production, transmission,	4251
transportation, or distribution system; and tangible personal	4252
property used in the repair and maintenance of the production,	4253
transmission, transportation, or distribution system, including	4254
only such motor vehicles as are specially designed and equipped	4255
for such use. Tangible personal property and services used	4256
primarily in providing highway transportation for hire are not	4257
used in providing a public utility service as defined in this	4258
division.	4259

(Q) "Refining" means removing or separating a desirable	4260
product from raw or contaminated materials by distillation or	4261
physical, mechanical, or chemical processes.	4262

(R) "Assembly" and "assembling" mean attaching or fitting	4263
together parts to form a product, but do not include packaging a	4264
product.	4265

(S) "Manufacturing operation" means a process in which	4266
materials are changed, converted, or transformed into a different	4267
state or form from which they previously existed and includes	4268
refining materials, assembling parts, and preparing raw materials	4269
and parts by mixing, measuring, blending, or otherwise committing	4270
such materials or parts to the manufacturing process.	4271
"Manufacturing operation" does not include packaging.	4272

(T) "Fiscal officer" means, with respect to a regional	4273
transit authority, the secretary-treasurer thereof, and with	4274
respect to a county that is a transit authority, the fiscal	4275
officer of the county transit board if one is appointed pursuant	4276
to section 306.03 of the Revised Code or the county auditor if the	4277
board of county commissioners operates the county transit system.	4278

(U) "Transit authority" means a regional transit authority	4279
created pursuant to section 306.31 of the Revised Code or a county	4280
in which a county transit system is created pursuant to section	4281
306.01 of the Revised Code. For the purposes of this chapter, a	4282
transit authority must extend to at least the entire area of a	4283
single county. A transit authority that includes territory in	4284
more than one county must include all the area of the most	4285
populous county that is a part of such transit authority. County	4286
population shall be measured by the most recent census taken by	4287
the United States census bureau.	4288

(V) "Legislative authority" means, with respect to a	4289
regional transit authority, the board of trustees thereof, and	4290
with respect to a county that is a transit authority, the board	4291
of county commissioners.	4292

(W) "Territory of the transit authority" means all of the	4293
area included within the territorial boundaries of a transit	4294
authority as they from time to time exist. Such territorial	4295
boundaries must at all times include all the area of a single	4296
county or all the area of the most populous county that is a part	4297
of such transit authority. County population shall be measured by	4298
the most recent census taken by the United States census bureau.	4299

(X) "Providing a service" means providing or furnishing	4300
anything described in division (B)(3) of this section for	4301
consideration.	4302

(Y)(1)(a) "Automatic data processing" means processing of	4303
others' data, including keypunching or similar data entry services	4304
together with verification thereof, or providing access to	4305
computer equipment for the purpose of processing data.	4306

(b) "Computer services" means providing services consisting	4307
of specifying computer hardware configurations and evaluating	4308
technical processing characteristics, computer programming, and	4309
training of computer programmers and operators, provided in	4310
conjunction with and to support the sale, lease, or operation of	4311
taxable computer equipment or systems.	4312

(c) "Electronic information services" means providing access	4313
to computer equipment by means of telecommunications equipment for	4314
the purpose of either of the following:	4315

(i) Examining or acquiring data stored in or accessible to	4316
the computer equipment;	4317

(ii) Placing data into the computer equipment to be	4318
retrieved by designated recipients with access to the computer	4319
equipment.	4320

(d) "Automatic data processing, computer services, or	4321
electronic information services" shall not include personal or	4322
professional services.	4323

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	4324
section, "personal and professional services" means all services	4325
other than automatic data processing, computer services, or	4326
electronic information services, including but not limited to:	4327

(a) Accounting and legal services such as advice on tax	4328
matters, asset management, budgetary matters, quality control,	4329
information security, and auditing and any other situation where	4330
the service provider receives data or information and studies,	4331
alters, analyzes, interprets, or adjusts such material;	4332

(b) Analyzing business policies and procedures;

4333

(c) Identifying management information needs;

4334

(d) Feasibility studies, including economic and technical	4335
analysis of existing or potential computer hardware or software	4336
needs and alternatives;	4337

(e) Designing policies, procedures, and custom software for	4338
collecting business information, and determining how data should	4339
be summarized, sequenced, formatted, processed, controlled, and	4340
reported so that it will be meaningful to management;	4341

(f) Developing policies and procedures that document how	4342
business events and transactions are to be authorized, executed,	4343
and controlled;	4344

(g) Testing of business procedures;

4345

(h) Training personnel in business procedure applications;

4346

(i) Providing credit information to users of such	4347
information by a consumer reporting agency, as defined in the	4348
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	4349
1681a(f), or as hereafter amended, including but not limited to	4350
gathering, organizing, analyzing, recording, and furnishing such	4351
information by any oral, written, graphic, or electronic medium;	4352

(j) Providing debt collection services by any oral, written,	4353
graphic, or electronic means.	4354

The services listed in divisions (Y)(2)(a) to (j) of this	4355
section are not automatic data processing or computer services.	4356

(Z) "Highway transportation for hire" means the	4357
transportation of personal property belonging to others for	4358
consideration by any of the following:	4359

(1) The holder of a permit or certificate issued by this	4360
state or the United States authorizing the holder to engage in	4361
transportation of personal property belonging to others for	4362
consideration over or on highways, roadways, streets, or any	4363
similar public thoroughfare;	4364

(2) A person who engages in the transportation of personal	4365
property belonging to others for consideration over or on	4366
highways, roadways, streets, or any similar public thoroughfare	4367
but who could not have engaged in such transportation on December	4368
11, 1985, unless the person was the holder of a permit or	4369
certificate of the types described in division (Z)(1) of this	4370
section;	4371

(3) A person who leases a motor vehicle to and operates it	4372
for a person described by division (Z)(1) or (2) of this section.	4373

(AA) "Telecommunications service" means the transmission of	4374
any interactive, two-way electromagnetic communications, including	4375
voice, image, data, and information, through the use of any medium	4376
such as wires, cables, microwaves, cellular radio, radio waves,	4377
light waves, or any combination of those or similar media.	4378
"Telecommunications service" includes message toll service even	4379
though the vendor provides the message toll service by means of	4380
wide area transmission type service or private communications	4381
service purchased from another telecommunications service	4382
provider, but does not include any of the following:	4383

(1) Sales of incoming or outgoing wide area transmission	4384
service or wide area transmission type service, including eight	4385
hundred or eight-hundred-type service, to the person contracting	4386
for the receipt of that service;	4387

(2) Sales of private communications service to the person	4388
contracting for the receipt of that service that entitles the	4389
purchaser to exclusive or priority use of a communications channel	4390
or group of channels between exchanges;	4391

(3) Sales of telecommunications service by companies subject	4392
to the excise tax imposed by Chapter 5727. of the Revised Code;	4393

(4) Sales of telecommunications service to a provider of	4394
telecommunications service, including access services, for use in	4395
providing telecommunications service;	4396

(5) Value-added nonvoice services in which computer	4397
processing applications are used to act on the form, content,	4398
code, or protocol of the information to be transmitted;	4399

(6) Transmission of interactive video programming by a cable	4400
television system as defined in section 505.90 of the Revised	4401
Code.	4402

(BB) "Industrial laundry cleaning services" means removing	4403
soil or dirt from or supplying towels, linens, or articles of	4404
clothing that belong to others and are used in a trade or	4405
business.	4406

(CC) "Magazines distributed as controlled circulation	4407
publications" means magazines containing at least twenty-four	4408
pages, at least twenty-five per cent editorial content, issued at	4409
regular intervals four or more times a year, and circulated	4410
without charge to the recipient, provided that such magazines are	4411
not owned or controlled by individuals or business concerns which	4412
conduct such publications as an auxiliary to, and essentially for	4413
the advancement of the main business or calling of, those who own	4414
or control them.	4415

(DD) "Landscaping and lawn care service" means the services	4416
of planting, seeding, sodding, removing, cutting, trimming,	4417
pruning, mulching, aerating, applying chemicals, watering,	4418
fertilizing, and providing similar services to establish, promote,	4419
or control the growth of trees, shrubs, flowers, grass, ground	4420
cover, and other flora, or otherwise maintaining a lawn or	4421
landscape grown or maintained by the owner for ornamentation or	4422
other nonagricultural purpose. However, "landscaping and lawn	4423
care service" does not include the providing of such services by a	4424
person who has less than five thousand dollars in sales of such	4425
services during the calendar year.	4426

(EE) "Private investigation and security service" means the	4427
performance of any activity for which the provider of such service	4428
is required to be licensed pursuant to Chapter 4749. of the	4429
Revised Code, or would be required to be so licensed in performing	4430
such services in this state, and also includes the services of	4431
conducting polygraph examinations and of monitoring or overseeing	4432
the activities on or in, or the condition of, the consumer's home,	4433
business, or other facility by means of electronic or similar	4434
monitoring devices. "Private investigation and security service"	4435
does not include special duty services provided by off-duty police	4436
officers, deputy sheriffs, and other peace officers regularly	4437
employed by the state or a political subdivision.	4438

(FF) "Information services" means providing conversation,	4439
giving consultation or advice, playing or making a voice or other	4440
recording, making or keeping a record of the number of callers,	4441
and any other service provided to a consumer by means of a nine	4442
hundred telephone call, except when the nine hundred telephone	4443
call is the means by which the consumer makes a contribution to a	4444
recognized charity.	4445

(GG) "Research and development" means designing, creating,	4446
or formulating new or enhanced products, equipment, or	4447
manufacturing processes, and conducting scientific or	4448
technological inquiry and experimentation in the physical sciences	4449
with the goal of increasing scientific knowledge which may reveal	4450
the bases for new or enhanced products, equipment, or	4451
manufacturing processes.	4452

(HH) "Qualified research and development equipment" means	4453
capitalized tangible personal property, and leased personal	4454
property that would be capitalized if purchased, used by a person	4455
primarily to perform research and development. Tangible personal	4456
property primarily used in testing, as defined in division (A)(4)	4457
of section 5739.011 of the Revised Code, or used for recording or	4458
storing test results, is not qualified research and development	4459
equipment unless such property is primarily used by the consumer	4460
in testing the product, equipment, or manufacturing process being	4461
created, designed, or formulated by the consumer in the research	4462
and development activity or in recording or storing such test	4463
results.	4464

(II) "Building maintenance and janitorial service" means	4465
cleaning the interior or exterior of a building and any tangible	4466
personal property located therein or thereon, including any	4467
services incidental to such cleaning for which no separate charge	4468
is made. However, "building maintenance and janitorial service"	4469
does not include the providing of such service by a person who has	4470
less than five thousand dollars in sales of such service during	4471
the calendar year.	4472

(JJ) "Employment service" means providing or supplying	4473
personnel, on a temporary or long-term basis, to perform work or	4474
labor under the supervision or control of another, when the	4475
personnel so supplied receive their wages, salary, or other	4476
compensation from the provider of the service. "Employment	4477
service" does not include:	4478

(1) Acting as a contractor or subcontractor, where the	4479
personnel performing the work are not under the direct control of	4480
the purchaser.	4481

(2) Medical and health care services.

4482

(3) Supplying personnel to a purchaser pursuant to a	4483
contract of at least one year between the service provider and the	4484
purchaser that specifies that each employee covered under the	4485
contract is assigned to the purchaser on a permanent basis.	4486

(4) Transactions between members of an affiliated group, as	4487
defined in division (B)(3)(e) of this section.	4488

(KK) "Employment placement service" means locating or	4489
finding employment for a person or finding or locating an employee	4490
to fill an available position.	4491

(LL) "Exterminating service" means eradicating or attempting	4492
to eradicate vermin infestations from a building or structure, or	4493
the area surrounding a building or structure, and includes	4494
activities to inspect, detect, or prevent vermin infestation of a	4495
building or structure.	4496

(MM) "Physical fitness facility service" means all	4497
transactions by which a membership is granted, maintained, or	4498
renewed, including initiation fees, membership dues, renewal fees,	4499
monthly minimum fees, and other similar fees and dues, by a	4500
physical fitness facility such as an athletic club, health spa, or	4501
gymnasium, which entitles the member to use the facility for	4502
physical exercise.	4503

(NN) "Recreation and sports club service" means all	4504
transactions by which a membership is granted, maintained, or	4505
renewed, including initiation fees, membership dues, renewal fees,	4506
monthly minimum fees, and other similar fees and dues, by a	4507
recreation and sports club, which entitles the member to use the	4508
facilities of the organization. "Recreation and sports club"	4509
means an organization that has ownership of, or controls or leases	4510
on a continuing, long-term basis, the facilities used by its	4511
members and includes an aviation club, gun or shooting club, yacht	4512
club, card club, swimming club, tennis club, golf club, country	4513
club, riding club, amateur sports club, or similar organization.	4514

(OO) "Livestock" means farm animals commonly raised for food	4515
or food production, and includes but is not limited to cattle,	4516
sheep, goats, swine, and poultry. "Livestock" does not include	4517
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	4518
animals for use in laboratories or for exhibition, or other	4519
animals not commonly raised for food or food production.	4520

(PP) "Livestock structure" means a building or structure	4521
used exclusively for the housing, raising, feeding, or sheltering	4522
of livestock, and includes feed storage or handling structures and	4523
structures for livestock waste handling.	4524

(QQ) "Horticulture" means the growing, cultivation, and	4525
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	4526
and nursery stock. As used in this division, "nursery stock" has	4527
the same meaning as in section 927.51 of the Revised Code.	4528

(RR) "Horticulture structure" means a building or structure	4529
used exclusively for the commercial growing, raising, or	4530
overwintering of horticultural products, and includes the area	4531
used for stocking, storing, and packing horticultural products	4532
when done in conjunction with the production of those products.	4533

(SS) "Newspaper" means an unbound publication bearing a	4534
title or name that is regularly published, at least as frequently	4535
as biweekly, and distributed from a fixed place of business to the	4536
public in a specific geographic area, and that contains a	4537
substantial amount of news matter of international, national, or	4538
local events of interest to the general public.	4539

(TT) "Professional racing team" means a person that employs	4540
at least twenty full-time employees for the purpose of conducting	4541
a motor vehicle racing business for profit. The person must	4542
conduct the business with the purpose of racing one or more motor	4543
racing vehicles in at least ten competitive professional racing	4544
events each year that comprise all or part of a motor racing	4545
series sanctioned by one or more motor racing sanctioning	4546
organizations. A "motor racing vehicle" means a vehicle for which	4547
the chassis, engine, and parts are designed exclusively for motor	4548
racing, and does not include a stock or production model vehicle	4549
that may be modified for use in racing. For the purposes of this	4550
division:	4551

(1) A "competitive professional racing event" is a motor	4552
vehicle racing event sanctioned by one or more motor racing	4553
sanctioning organizations, at which aggregate cash prizes in	4554
excess of eight hundred thousand dollars are awarded to the	4555
competitors.	4556

(2) "Full-time employee" means an individual who is employed	4557
for consideration for thirty-five or more hours a week, or who	4558
renders any other standard of service generally accepted by custom	4559
or specified by contract as full-time employment.	4560

(UU)(1) "Prepaid authorization number" means a numeric or	4561
alphanumeric combination that represents a prepaid account that	4562
can be used by the account holder solely to obtain	4563
telecommunications service, and includes any renewals or increases	4564
in the prepaid account.	4565

(2) "Prepaid telephone calling card" means a tangible item	4566
that contains a prepaid authorization number that can be used	4567
solely to obtain telecommunications service, and includes any	4568
renewals or increases in the prepaid account.	4569

(VV) "Lease" means any transfer for a consideration of the	4570
possession of and right to use, but not title to, tangible	4571
personal property for a fixed period of time greater than	4572
twenty-eightthirty days or for an open-ended period of time with	4573
a minimum fixed period of more than twenty-eightthirty days.	4574

Sec. 5741.01.  As used in this chapter:

4575

(A) "Person" includes individuals, receivers, assignees,	4576
trustees in bankruptcy, estates, firms, partnerships,	4577
associations, joint-stock companies, joint ventures, clubs,	4578
societies, corporations, business trusts, governments, and	4579
combinations of individuals of any form.	4580

(B) "Storage" means and includes any keeping or retention in	4581
this state for use or other consumption in this state.	4582

(C) "Use" means and includes the exercise of any right or	4583
power incidental to the ownership of the thing used. A thing is	4584
also "used" in this state if its consumer gives or otherwise	4585
distributes it, without charge, to recipients in this state.	4586

(D) "Purchase" means acquired or received for a	4587
consideration, whether such acquisition or receipt was effected by	4588
a transfer of title, or of possession, or of both, or a license to	4589
use or consume; whether such transfer was absolute or conditional,	4590
and by whatever means the transfer was effected; and whether the	4591
consideration was money, credit, barter, or exchange. Purchase	4592
includes production, even though the article produced was used,	4593
stored, or consumed by the producer. The transfer of copyrighted	4594
motion picture films for exhibition purposes is not a purchase,	4595
except such films as are used solely for advertising purposes.	4596

(E) "Seller" means the person from whom a purchase is made,	4597
and includes every person engaged in this state or elsewhere in	4598
the business of selling tangible personal property or providing a	4599
service for storage, use, or other consumption or benefit in this	4600
state; and when, in the opinion of the tax commissioner, it is	4601
necessary for the efficient administration of this chapter, to	4602
regard any salesman, representative, peddler, or canvasser as the	4603
agent of a dealer, distributor, supervisor, or employer under whom	4604
the person operates, or from whom the person obtains tangible	4605
personal property, sold by the person for storage, use, or other	4606
consumption in this state, irrespective of whether or not the	4607
person is making such sales on the person's own behalf, or on	4608
behalf of such dealer, distributor, supervisor, or employer, the	4609
commissioner may regard the person as such agent, and may regard	4610
such dealer, distributor, supervisor, or employer as the seller.	4611
"Seller" does not include any person to the extent the person	4612
provides a communications medium, such as, but not limited to,	4613
newspapers, magazines, radio, television, or cable television, by	4614
means of which sellers solicit purchases of their goods or	4615
services.	4616

(F) "Consumer" means any person who has purchased tangible	4617
personal property or has been provided a service for storage, use,	4618
or other consumption or benefit in this state. "Consumer" does not	4619
include a person who receives, without charge, tangible personal	4620
property or a service.	4621

A person who performs a facility management or similar	4622
service contract for a contractee is a consumer of all tangible	4623
personal property and services purchased for use in connection	4624
with the performance of such contract, regardless of whether title	4625
to any such property vests in the contractee. The purchase of	4626
such property and services is not subject to the exception for	4627
resale under division (E)(1) of section 5739.01 of the Revised	4628
Code.	4629

(G)(1) "Price," except in the case of watercraft, outboard	4630
motors, or new motor vehicles, means the aggregate value in money	4631
of anything paid or delivered, or promised to be paid or	4632
delivered, by a consumer to a seller in the complete performance	4633
of the transaction by which tangible personal property has been	4634
purchased or a service has been provided for storage, use, or	4635
other consumption or benefit in this state, without any deduction	4636
or exclusion on account of the cost of the property sold, cost of	4637
materials used, labor or service cost, interest, discount paid or	4638
allowed after the sale is consummated, or any other expense. If	4639
the transaction consists of the rental or lease of tangible	4640
personal property, "price" means the aggregate value in money of	4641
anything paid or delivered, or promised to be paid or delivered by	4642
the lessee to the lessor, in the complete performance of the	4643
rental or lease, without any deduction or exclusion of tax,	4644
interest, labor or service charge, damage liability waiver,	4645
termination or damage charge, discount paid or allowed after the	4646
lease is consummated, or any other expense. Except as provided in	4647
division (G)(6) of this section, the tax shall be calculated and	4648
collected by the lessor on each payment made by the lessee. If a	4649
consumer produces the tangible personal property used by the	4650
consumer, the price is the produced cost of such tangible personal	4651
property. The tax collected by the seller from the consumer under	4652
such sections is not a part of the price, but is a tax collection	4653
for the benefit of the state, and of counties levying an	4654
additional use tax pursuant to section 5741.021 or 5741.023 of the	4655
Revised Code and of transit authorities levying an additional use	4656
tax pursuant to section 5741.022 of the Revised Code and, except	4657
for the discount authorized under section 5741.12 of the Revised	4658
Code, no person other than the state or such a county or transit	4659
authority shall derive any benefit from the collection or payment	4660
of such tax.	4661

(2) In the case of watercraft, outboard motors, or new motor	4662
vehicles, "price" has the same meaning as in division (H) of	4663
section 5739.01 of the Revised Code.	4664

(3) In the case of a nonresident business consumer that	4665
purchases and uses tangible personal property outside this state	4666
and subsequently temporarily stores, uses, or otherwise consumes	4667
such tangible personal property in the conduct of business in this	4668
state, the consumer or the tax commissioner may determine the	4669
price based on the value of the temporary storage, use, or other	4670
consumption, in lieu of determining the price pursuant to division	4671
(G)(1) of this section. A price determination made by the	4672
consumer is subject to review and redetermination by the	4673
commissioner.	4674

(4) In the case of tangible personal property held in this	4675
state as inventory for sale or lease, and that is temporarily	4676
stored, used, or otherwise consumed in a taxable manner, the price	4677
is the value of the temporary use. A price determination made by	4678
the consumer is subject to review and redetermination by the	4679
commissioner.	4680

(5) In the case of tangible personal property originally	4681
purchased and used by the consumer outside this state, and that	4682
becomes permanently stored, used, or otherwise consumed in this	4683
state more than six months after its acquisition by the consumer,	4684
the consumer or the tax commissioner may determine the price based	4685
on the current value of such tangible personal property, in lieu	4686
of determining the price pursuant to division (G)(1) of this	4687
section. A price determination made by the consumer is subject to	4688
review and redetermination by the commissioner.	4689

(6) In the case of the purchase or lease of any motor vehicle	4690
designed by the manufacturer to carry a loadhaving a gross	4691
vehicle wieght of not more than one tonthirteen thousand five	4692
hundred pounds, watercraft, outboard motor, or aircraft, or the	4693
lease of any tangible personal property, other than motor vehicles	4694
designed by the manufacturer to carry a loadhaving a gross	4695
vehicle weight of more than one tonthirteen thousand five hundred	4696
pounds, to be used by the lessee primarily for business purposes,	4697
the tax shall be collected by the vendor at the time the lease is	4698
consummated and calculated by the vendor on the basis of the total	4699
amount to be paid by the lessee under the lease agreement. If the	4700
total amount of the consideration for the lease includes amounts	4701
that are not calculated at the time the lease is executed, the tax	4702
shall be calculated and collected by the vendor at the time such	4703
amounts are billed to the lessee. In the case of an open-end	4704
lease, the tax shall be calculated by the vendor on the basis of	4705
the total amount to be paid during the initial fixed term of the	4706
lease, and then for each subsequent renewal period as it comes	4707
due. As used in division (G)(6) of this section only, "motor	4708
vehicle" has the same meaning as in section 4501.01 of the Revised	4709
Code, and "gross vehicle weight" means the unladen weight of a	4710
vehicle fully equipped plus the maximum weight of the load to be	4711
carried on the vehicle.	4712

(H) "Nexus with this state" means that the seller engages in	4713
continuous and widespread solicitation of purchases from residents	4714
of this state or otherwise purposefully directs its business	4715
activities at residents of this state.	4716

(I) "Substantial nexus with this state" means that the seller	4717
has sufficient contact with this state, in accordance with Section	4718
8 of Article I of the Constitution of the United States, to allow	4719
the state to require the seller to collect and remit use tax on	4720
sales of tangible personal property or services made to consumers	4721
in this state. "Substantial nexus with this state" exists when the	4722
seller does any of the following:	4723

(1) Maintains a place of business within this state, whether	4724
operated by employees or agents of the seller, by a member of an	4725
affiliated group, as described in division (B)(3)(e) of section	4726
5739.01 of the Revised Code, of which the seller is a member, or	4727
by a franchisee using a trade name of the seller;	4728

(2) Regularly has employees, agents, representatives,	4729
solicitors, installers, repairmen, salesmen, or other individuals	4730
in this state for the purpose of conducting the business of the	4731
seller;	4732

(3) Uses a person in this state for the purpose of receiving	4733
or processing orders of the seller's goods or services;	4734

(4) Makes regular deliveries of tangible personal property	4735
into this state by means other than common carrier;	4736

(5) Has membership in an affiliated group, as described in	4737
division (B)(3)(e) of section 5739.01 of the Revised Code, at	4738
least one other member of which has substantial nexus with this	4739
state;	4740

(6) Owns tangible personal property that is rented or leased	4741
to a consumer in this state, or offers tangible personal property,	4742
on approval, to consumers in this state;	4743

(7) Is registered with the secretary of state to do business	4744
in this state or is registered or licensed by any state agency,	4745
board, or commission to transact business in this state or to make	4746
sales to persons in this state;	4747

(8) Has any other contact with this state that would allow	4748
this state to require the seller to collect and remit use tax	4749
under Section 8 of Article I of the Constitution of the United	4750
States.	4751

(J) "Fiscal officer" means, with respect to a regional	4752
transit authority, the secretary-treasurer thereof, and with	4753
respect to a county which is a transit authority, the fiscal	4754
officer of the county transit board appointed pursuant to section	4755
306.03 of the Revised Code or, if the board of county	4756
commissioners operates the county transit system, the county	4757
auditor.	4758

(K) "Territory of the transit authority" means all of the	4759
area included within the territorial boundaries of a transit	4760
authority as they from time to time exist. Such territorial	4761
boundaries must at all times include all the area of a single	4762
county or all the area of the most populous county which is a part	4763
of such transit authority. County population shall be measured by	4764
the most recent census taken by the United States census bureau.	4765

(L) "Transit authority" means a regional transit authority	4766
created pursuant to section 306.31 of the Revised Code or a county	4767
in which a county transit system is created pursuant to section	4768
306.01 of the Revised Code. For the purposes of this chapter, a	4769
transit authority must extend to at least the entire area of a	4770
single county. A transit authority which includes territory in	4771
more than one county must include all the area of the most	4772
populous county which is a part of such transit authority. County	4773
population shall be measured by the most recent census taken by	4774
the United States census bureau.	4775

(M) "Providing a service" has the same meaning as in division	4776
(X) of section 5739.01 of the Revised Code.	4777

(N) "Other consumption" includes receiving the benefits of a	4778
service.	4779

(O) "Lease" means any transfer for a consideration of the	4780
possession of and right to use, but not title to, tangible	4781
personal property for a fixed period of time greater than	4782
twenty-eightthirty days or for an open-ended period of time with	4783
a minimum fixed period of more than twenty-eightthirty days.	4784

Section 2. That existing sections 105.41, 133.06, 135.18,	4785
135.181, 151.01, 151.09, 151.40, 175.03, 727.01, 3318.03, 3318.04,	4786
3318.05, 3318.06, 3318.061, 3318.08, 3318.084, 3318.11, 3318.36,	4787
3318.362, 3318.363, 3318.38, 3333.17, 3345.05, 5705.19, 5705.218,	4788
5709.081, 5709.82, 5739.01, and 5741.01 of the Revised Code are	4789
hereby repealed.	4790

Section 3.  All items set forth in Sections 3.01 to 3.04 of	4791
this act are hereby appropriated out of any moneys in the General	4792
Revenue Fund (GRF) that are not otherwise appropriated.	4793

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

4794

Reappropriations

RURAL AREAS HISTORICAL PROJECTS

4801

From the foregoing appropriation item CAP-785, Rural Areas	4802
Historical Projects, $50,000 shall be for the Osnaburg Historical	4803
Society-Werner Inn renovations; and $10,000 for the Historic	4804
Hopewell Church.	4805

RURAL AREAS COMMUNITY IMPROVEMENTS

4806

From the foregoing appropriation item CAP-786, Rural Areas	4807
Community Improvements, grants shall be made for the following	4808
projects: $20,000 for the Smith Field Memorial Foundation;	4809
$100,000 for the Gallia County Industrial Park; $75,000 for the	4810
People Working Cooperatively Facility Improvements; $200,000 for	4811
the Champaign YMCA; $50,000 for the Clermont County Courthouse;	4812
$50,000 for the Clermont County Visitor Information Center;	4813
$75,000 for the Bellepoint Bridge Reconstruction; $150,000 for the	4814
Fairport Community Center; $100,000 for the Mentor Fire & Police	4815
Headquarters Relocation; $65,000 for the Perry Township Industrial	4816
Park Land Acquisition; $20,000 for the Red Mill Creek Water	4817
Retention Basin; $25,000 for the Lawrence County Water Projects;	4818
$350,000 for the Cave Lake Center for Community Leadership;	4819
$300,000 for County Jail Improvements - Sandusky County; $50,000	4820
for the Southern Ohio Port Authority; $45,000 for the Bradner	4821
Historic Building; $22,500 for the Clermont County Animal Shelter;	4822
$225,000 for the Sherwood-Davidson House - Licking County; and	4823
$225,000 for the Jerome Buckingham House - Licking County; and	4824
$50,000 for the Utica Historical Society.	4825

THE AMOUNT REAPPROPRIATED FOR RURAL AREAS COMMUNITY	4826
IMPROVEMENTS	4827

The amount reappropriated for the foregoing appropriation	4828
item CAP-786, Rural Areas Community Improvements, is $100,080 plus	4829
the unencumbered and unallotted balance as of June 30, 2002, in	4830
appropriation item CAP-786, Rural Areas Community Improvements.	4831

URBAN AREAS COMMUNITY IMPROVEMENTS

4832

From the foregoing appropriation item CAP-817, Urban Areas	4833
Community Improvements, grants shall be made for the following	4834
projects: $100,000 for the Maumee Youth Center; $25,000 for the	4835
Columbus Civic Arena Development Planning; $50,000 for the Brown	4836
Senior Center Renovations; $100,000 for the Hanna Fountain	4837
Renovations - Cleveland; $100,000 for Project AHEAD Facility	4838
Improvements; $75,000 for the J Frank-Troy Senior Citizens Center;	4839
$50,000 for the African American Museum in Cleveland; $200,000 for	4840
the North Royalton Recreation Center; $1,900,000 for the Columbus	4841
Downtown Initiatives Plan; $150,000 for Clintonville Improvements;	4842
$35,000 for the Grove City YMCA; $15,000 for the Victorian Village	4843
Society; $50,000 for the Beech Acres Family Center; $25,000 for	4844
the Health Education Center; $500,000 for the Convention Center	4845
Expansion Center; $1,000,000 for the Lincoln Heights Health Center	4846
Improvements; $100,000 for the Canton Jewish Women's Center;	4847
$450,000 for the Gateway Social Services Building; $85,000 for the	4848
Akron Jewish Community Center Renovations; $50,000 for the Loew	4849
Field Improvements; $20,000 for the Harvard Community Services	4850
Center Renovation & Expansion; $20,000 for the Collinwood	4851
Community Service Center Repair & Renovation; and $80,000 for	4852
Bowman Park - City of Toledo.	4853

THE AMOUNT APPROPRIATED FOR URBAN AREAS COMMUNITY	4854
IMPROVEMENTS	4855

The amount reappropriated for the foregoing appropriation	4856
item CAP-817, Urban Areas Community Improvements, is the	4857
unencumbered and unallotted balance as of June 30, 2002, in	4858
appropriation item CAP-817, Urban Areas Community Improvements,	4859
less $332,000.	4860

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

4861

COOPER STADIUM RELOCATION FEASIBILITY STUDY

4865

Notwithstanding division (F) of section 3383.07 of the	4866
Revised Code, all or a portion of the foregoing appropriation item	4867
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	4868
expended for the cost of preparing a financial and development	4869
plan or feasibility study, renovation, and purchasing engineering	4870
and architectural services, designs, plans, specifications,	4871
surveys, and estimates of costs for Cooper Stadium. Any amount	4872
expended for that purpose from the appropriation shall count	4873
toward the maximum 15 per cent of the construction cost of the	4874
sports facility to be paid from state funds.	4875

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

4876

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

4880

Section 3.05.  No expenditures shall be made from any of the	4895
items appropriated from the General Revenue Fund in Sections 3.01	4896
to 3.04 of this act until the funds are released by the	4897
Controlling Board.	4898

Section 4.  All items set forth in this section are hereby	4899
appropriated out of any moneys in the state treasury to the credit	4900
of the Wildlife Fund (Fund 015) that are not otherwise	4901
appropriated.	4902

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4903

LAND ACQUISITION

4925

The amount reappropriated for the foregoing appropriation	4926
item CAP-012, Land Acquisition, is the unencumbered and	4927
unallotted balance as of June 30, 2002, in appropriation item	4928
CAP-012, Land Acquisition, less $158,125.	4929

ACCESS DEVELOPMENT

4930

The amount reappropriated for the foregoing appropriation	4931
item CAP-387, Access Development, is the unencumbered and	4932
unallotted balance as of June 30, 2002, in appropriation item	4933
CAP-387, Access Development, plus $1,519,533.	4934

UPGRADE UNDERGROUND FUEL TANKS

4935

The amount reappropriated for the foregoing appropriation	4936
item CAP-702, Upgrade Underground Fuel Tanks, is the unencumbered	4937
and unallotted balance as of June 30, 2002, in appropriation item	4938
CAP-702, Upgrade Underground Fuel Tanks, less $112,271.	4939

CAP ABANDONED WATER WELLS

4940

The amount reappropriated for the foregoing appropriation	4941
item CAP-703, Cap Abandoned Water Wells, is the unencumbered and	4942
unallotted balance as of June 30, 2002, in appropriation item	4943
CAP-703, Cap Abandoned Water Wells, less $14,057.	4944

WILDLIFE AREA BUILDING DEVELOPMENT/RENOVATIONS

4945

The amount reappropriated for the foregoing appropriation	4946
item CAP-852, Wildlife Area Building Development/Renovations, is	4947
the unencumbered and unallotted balance as of June 30, 2002, in	4948
appropriation item CAP-852, Wildlife Area Building	4949
Development/Renovations, less $1,505,949.	4950

DAM REHABILITATION

4951

The amount reappropriated for the foregoing appropriation	4952
item CAP-881, Dam Rehabilitation, is the unencumbered and	4953
unallotted balance as of June 30, 2002, in appropriation item	4954
CAP-881, Dam Rehabilitation, less $1,829,541.	4955

BOUNDARY PROTECTION

4956

The amount reappropriated for the foregoing appropriation	4957
item CAP-995, Boundary Protection, is $50,000.	4958

Section 5.  The items set forth in this section are hereby	4959
appropriated out of any moneys in the state treasury to the credit	4960
of the Public School Building Fund (Fund 021) that are not	4961
otherwise appropriated.	4962

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

4963

DISABILITY ACCESS PROJECTS

4971

The amount reappropriated for appropriation item CAP-777,	4972
Disability Access Projects, shall be used to fund capital projects	4973
pursuant to this section that make buildings more accessible to	4974
students with disabilities.	4975

(A) As used in this section:

4976

(1) "Percentile" means the percentile in which a school	4977
district is ranked according to the fiscal year 1998 ranking of	4978
school districts with regard to income and property wealth under	4979
division (B) of section 3318.011 of the Revised Code.	4980

(2) "School district" means a city, local, or exempted	4981
village school district, but excludes a school district that is	4982
one of the state's twenty-one urban school districts as defined in	4983
division (O) of section 3317.02 of the Revised Code as that	4984
section existed prior to July 1, 1998.	4985

(3) "Valuation per pupil" means a district's total taxable	4986
value as defined in section 3317.02 of the Revised Code divided by	4987
the district's ADM as defined in division (A) of section 3317.02	4988
of the Revised Code as that section existed prior to July 1, 1998.	4989

(B) The School Facilities Commission shall adopt rules for	4990
awarding grants to school districts with a valuation per pupil	4991
less than $200,000, to be used for construction, reconstruction,	4992
or renovation projects in classroom facilities, the purpose of	4993
which is to improve access to such facilities by physically	4994
handicapped persons. The rules shall include application	4995
procedures. No school district shall be awarded a grant under	4996
this section in excess of $100,000. In addition, any school	4997
district shall be required to pay a percentage of the cost of the	4998
project for which the grant is being awarded equal to the	4999
percentile in which the district is so ranked.	5000

Section 5.01. BIG EIGHT SCHOOL DISTRICTS

5001

(A) The amounts reappropriated for appropriation item	5002
CAP-781, Big Eight Renovation Program, shall be used by the School	5003
Facilities Commission to provide funds to the big eight school	5004
districts as defined in section 3314.02 of the Revised Code to be	5005
used for major renovations and repairs of school facilities. Big	5006
eight school districts that levy at least 2.5 voted mills for	5007
permanent improvements shall also be eligible to expend funding	5008
from this program for additions to existing facilities. However,	5009
any big eight school district that does so shall receive no	5010
financial assistance from the School Facilities Commission for the	5011
purpose of replacing that facility for a period of at least twenty	5012
years. These appropriations shall be allocated to the big eight	5013
school districts on a per-pupil basis, based on fiscal year 1999	5014
average daily membership as defined in section 3317.03 of the	5015
Revised Code. School districts that receive conditional approval	5016
by the Controlling Board, pursuant to section 3318.04 of the	5017
Revised Code, to participate in the Accelerated Urban School	5018
Building Program shall no longer be eligible to receive funding	5019
from the Big Eight Renovation Program, except for appropriations	5020
already encumbered at the time the conditional approval is	5021
granted. To be eligible to receive appropriations from the Big	5022
Eight Renovation Program, each school district shall:	5023

(1) Provide a 100 per cent match from funds that are	5024
approved by the School Facilities Commission. Except for, after	5025
the effective date of this section, eligible districts in the	5026
first through fiftieth percentile, as determined under section	5027
3318.011 of the Revised Code, shall provide a match to their	5028
remaining balances in the Big Eight Renovation Program as of the	5029
effective date of this section such that the local match is equal	5030
to the district's percentage share contribution as determined	5031
under the fiscal year 2002 three-year average adjusted valuation	5032
per pupil list pursuant to section 3318.011 of the Revised Code.	5033

(2) Develop and submit a capital renovations plan for the	5034
use of the state and local funds, subject to approval by the	5035
School Facilities Commission.	5036

(B) The Executive Director of the School Facilities	5037
Commission may from time to time request the Director of Budget	5038
and Management to transfer any unencumbered and unallotted	5039
balances in appropriation item CAP-781, Big Eight Renovation	5040
Program, to appropriation item CAP-622, Public School Buildings.	5041
Any amounts transferred are hereby appropriated.	5042

Section 6. The items set forth in this section are hereby	5043
appropriated out of any moneys in the state treasury to the credit	5044
of the Highway Safety Fund (Fund 036) that are not otherwise	5045
appropriated.	5046

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5047

Section 7.  All items set forth in this section are hereby	5060
appropriated out of any moneys in the state treasury to the credit	5061
of the Waterways Safety Fund (Fund 086) that are not otherwise	5062
appropriated.	5063

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5064

Section 8.  All items set forth in this section are hereby	5073
appropriated out of any moneys in the state treasury to the credit	5074
of the Underground Parking Garage Operating Fund (Fund 208) that	5075
are not otherwise appropriated.	5076

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5077

Section 9.  All items set forth in this section are hereby	5086
appropriated out of any moneys in the state treasury to the credit	5087
of the Nursing Home - Federal Fund (Fund 319) that are not	5088
otherwise appropriated.	5089

Reappropriations

OVH OHIO VETERANS' HOME

5090

Section 10.  All items set forth in this section are hereby	5095
appropriated out of any moneys in the state treasury to the credit	5096
of the Capital Donations Fund (Fund 5A1) that are not otherwise	5097
appropriated.	5098

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5099

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

5102

The Executive Director of the Arts and Sports Facilities	5103
Commission shall certify to the Director of Budget and Management	5104
the amount of cash receipts and related investment income,	5105
irrevocable letters of credit from a bank, or certification of the	5106
availability of funds that have been received from a county or a	5107
city for deposit to the Capital Donations Fund and are related to	5108
an anticipated project. These amounts are hereby appropriated to	5109
appropriation item CAP-702, Capital Donations. Prior to certifying	5110
these amounts to the Director, the Executive Director shall make a	5111
written agreement with the participating entity on the necessary	5112
cash flows required for the anticipated construction or equipment	5113
acquisition project.	5114

Section 11.  The items set forth in this section are hereby	5115
appropriated out of any moneys in the state treasury to the credit	5116
of the Veterans' Home Improvement Fund (Fund 604) that are not	5117
otherwise appropriated.	5118

Reappropriations

OVH OHIO VETERANS' HOME

5119

Section 12. All items set forth in this section are hereby	5129
appropriated out of any moneys in the state treasury to the credit	5130
of the Education Facilities Trust Fund (Fund N87) that are not	5131
otherwise appropriated.	5132

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

5133

Section 13. All items set forth in this section are hereby	5139
appropriated out of any moneys in the state treasury to the credit	5140
of the Clean Ohio Revitalization Fund (Fund 003) and derived from	5141
the proceeds of obligations heretofore authorized to pay the costs	5142
of the following categories of capital improvements:	5143

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

5144

Section 14. All items set forth in this section are hereby	5150
appropriated out of any moneys in the state treasury to the credit	5151
of the Sports Facilities Building Fund (Fund 024) and derived from	5152
the proceeds of obligations heretofore authorized to pay the costs	5153
of the following capital improvements:	5154

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5155

Section 15.  All items set forth in this section are hereby	5160
appropriated out of any moneys in the state treasury to the credit	5161
of the Highway Safety Building Fund (Fund 025) and derived from	5162
the proceeds and obligations heretofore authorized to pay the	5163
costs of the following capital improvements:	5164

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5165

PUBLIC SAFETY OFFICE BUILDING

5174

The amount reappropriated for the foregoing appropriation	5175
item CAP-047, Public Safety Office Building, shall be the	5176
unencumbered and unallotted balance as of June 30, 2000, in	5177
appropriation item CAP-047, Public Safety Office Building, minus	5178
$897,691.	5179

INVESTIGATIVE UNIT MARCS EQUIPMENT

5180

The amount reappropriated for the foregoing appropriation	5181
item CAP-076, Investigative Unit MARCS Equipment, shall be	5182
$897,691.	5183

Section 16.  All items set forth in Sections 16.01 to 16.15	5184
are hereby appropriated out of any moneys in the state treasury to	5185
the credit of the Administrative Building Fund (Fund 026) and	5186
derived from the proceeds of obligations heretofore authorized to	5187
pay the costs of capital facilities, as defined in section 152.09	5188
of the Revised Code, for the following capital improvements:	5189

Reappropriations

Section 16.01.  ADJ ADJUTANT GENERAL

5190

NEW ARMORY CONSTRUCTION

5209

The foregoing appropriation item CAP-059, Construct Bowling	5210
Green Armory, shall be used to fund the state's share of the cost	5211
of building a basic armory in the Bowling Green area, including	5212
the cost of site acquisition, site preparation, and planning and	5213
design. Appropriations shall not be released for this item	5214
without a certification by the Adjutant General to the Director of	5215
Budget and Management that sufficient moneys have been allocated	5216
for the federal share of the cost of construction.	5217

Reappropriations

Section 16.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5218

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

5240

The foregoing appropriation item CAP-809, Hazardous Substance	5241
Abatement, shall be used to fund the removal of asbestos, PCB,	5242
radon gas, and other contamination hazards from state facilities.	5243

Prior to the release of funds for asbestos abatement, the	5244
Department of Administrative Services shall review proposals from	5245
state agencies to use these funds for asbestos abatement projects	5246
based on criteria developed by the Department of Administrative	5247
Services. Upon a determination by the Department of	5248
Administrative Services that the requesting agency cannot fund the	5249
asbestos abatement project or other toxic materials removal	5250
through existing capital and operating appropriations, the	5251
department may request the release of funds for such projects by	5252
the Controlling Board. State agencies intending to fund asbestos	5253
abatement or other toxic materials removal through existing	5254
capital and operating appropriations shall notify the Director of	5255
Administrative Services of the nature and scope prior to	5256
commencing the project.	5257

Only agencies that have received appropriations for capital	5258
projects from the Administrative Building Fund (Fund 026) are	5259
eligible to receive funding from this item. Public school	5260
districts are not eligible.	5261

OFFICE SERVICES BUILDING RENOVATION

5262

The amount reappropriated for the foregoing appropriation	5263
item CAP-826, Office Services Building Renovation, is the sum of	5264
the unencumbered and unallotted balances as of June 30, 2002, in	5265
Fund 026 appropriation items CAP-812, Old School for the Blind	5266
Renovation; CAP-814, Old School for the Blind Planning; CAP-824,	5267
State Real Estate Inventory System; CAP-826, Office Services	5268
Building Renovation; CAP-858, Lausche Building Improvements	5269
Planning; and CAP-861, Facilities Master Plan State Schools for	5270
the Blind and Deaf.	5271

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

5272

The foregoing appropriation item CAP-822, Americans with	5273
Disabilities Act, shall be used to renovate state-owned facilities	5274
to provide access for physically disabled persons in accordance	5275
with Title II of the Americans with Disabilities Act.	5276

Prior to the release of funds for renovation, state agencies	5277
shall perform self-evaluations of state-owned facilities	5278
identifying barriers to access to service. State agencies shall	5279
prioritize access barriers and develop a transition plan for the	5280
removal of these barriers. The Department of Administrative	5281
Services shall review proposals from state agencies to use these	5282
funds for Americans with Disabilities Act renovations.	5283

Only agencies that have received appropriations for capital	5284
projects from Administrative Building Fund (Fund 026) are eligible	5285
to receive funding from this item. Public school districts are	5286
not eligible.	5287

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

5288

There is hereby continued a Multi-Agency Radio Communications	5289
System (MARCS) Steering Committee consisting of the designees of	5290
the Directors of Administrative Services, Public Safety, Natural	5291
Resources, Transportation, Rehabilitation and Correction, and	5292
Budget and Management. The Director of Administrative Services or	5293
the director's designee shall chair the committee. The committee	5294
shall provide assistance to the Director of Administrative	5295
Services for effective and efficient implementation of the MARCS	5296
system as well as develop policies for the ongoing management of	5297
the system. Upon dates prescribed by the Directors of	5298
Administrative Services and Budget and Management, the MARCS	5299
Steering Committee shall report to the directors on the progress	5300
of MARCS implementation and the development of policies related to	5301
the system.	5302

The foregoing appropriation item CAP-827, Statewide	5303
Communications System, shall be used to purchase or construct the	5304
components of MARCS that are not specific to any one agency. The	5305
equipment may include, but is not limited to, multi-agency	5306
equipment at the Emergency Operations Center/Joint Dispatch	5307
Facility, computer and telecommunication equipment used for the	5308
functioning and integration of the system, communications towers,	5309
tower sites, tower equipment, and linkages among towers and	5310
between towers and the State of Ohio Network for Integrated	5311
Communication (SONIC) system. The Director of Administrative	5312
Services shall, with the concurrence of the MARCS Steering	5313
Committee, determine the specific use of funds.	5314

Spending from this appropriation item shall not be subject to	5315
Chapters 123. and 153. of the Revised Code.	5316

ENERGY CONSERVATION PROJECTS

5317

The foregoing appropriation item CAP-835, Energy Conservation	5318
Projects, shall be used to perform energy conservation	5319
renovations, including the United States Environmental Protection	5320
Agency's Energy Star Program, in state-owned facilities. Prior to	5321
the release of funds for renovation, state agencies shall have	5322
performed a comprehensive energy audit for each project. The	5323
Department of Administrative Services shall review and approve	5324
proposals from state agencies to use these funds for energy	5325
conservation. Public school districts and state-supported and	5326
state-assisted institutions of higher education are not eligible	5327
for funding from this item.	5328

MAJOR COMPUTER PURCHASES

5329

The amount reappropriated for the foregoing appropriation	5330
item CAP-837, Major Computer Purchases, is $2,660,065 plus the sum	5331
of the unencumbered and unallotted balances as of June 30, 2002,	5332
in Fund 026 appropriation item CAP-837, Major Computer Purchases.	5333

STRUCTURED CABLING

5334

The amount reappropriated for the foregoing appropriation	5335
item CAP-860, Structured Cabling, is the sum of the unencumbered	5336
and unallotted balances as of June 30, 2002, in Fund 026	5337
appropriation item CAP-860, Structured Cabling, less $2,660,065.	5338

Reappropriations

Section 16.03.  AGE DEPARTMENT OF AGING

5339

Reappropriations

Section 16.04.  AGR DEPARTMENT OF AGRICULTURE

5343

Reappropriations

Section 16.05.  AGO ATTORNEY GENERAL

5353

Reappropriations

Section 16.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5359

STATEHOUSE SECURITY IMPROVEMENTS

5363

Of the foregoing appropriation item CAP-011, Statehouse	5364
Security Improvements, $1,050,000 shall be used in conjunction	5365
with funds from appropriation item CAP-009, Garage Fire	5366
Suppression, in the Underground Parking Garage Operating Fund	5367
(Fund 208), for the installation of a new fire suppression system	5368
in the Statehouse garage. Notwithstanding any section of the	5369
Revised Code, any transfer or disbursement of moneys from	5370
appropriation items CAP-009, Garage Fire Suppression, and CAP-011,	5371
Statehouse Security Improvements, shall be subject to Controlling	5372
Board approval.	5373

Reappropriations

Section 16.07.  COM DEPARTMENT OF COMMERCE

5374

Reappropriations

Section 16.08.  EXP EXPOSITIONS COMMISSION

5380

Reappropriations

Section 16.09.  JSC JUDICIARY/SUPREME COURT

5397

EXEMPT FROM PER CENT FOR ARTS PROGRAM

5400

The foregoing appropriation item CAP-001, Ohio Courts	5401
Building Renovations, is exempt from section 3379.10 of the	5402
Revised Code, the Per Cent for Arts Program.	5403

Reappropriations

Section 16.10. LIB STATE LIBRARY

5404

Reappropriations

Section 16.11.  DNR DEPARTMENT OF NATURAL RESOURCES

5408

Reappropriations

Section 16.12.  DHS DEPARTMENT OF PUBLIC SAFETY

5418

CONSTRUCT EMA/EOC AND OFFICE BUILDING

5424

The amount reappropriated for the foregoing appropriation	5425
item CAP-053, Construct EMA/EOC and Office Building, is $6,605.	5426

Reappropriations

Section 16.13.  OSB SCHOOL FOR THE BLIND

5427

Reappropriations

Section 16.14. OSD SCHOOL FOR THE DEAF

5439

ROOF RENOVATIONS

5444

The amount reappropriated for the foregoing appropriation	5445
item CAP-767, Roof Renovations, is the sum of the unencumbered and	5446
unallotted balances as of June 30, 2002, in appropriation items	5447
CAP-766, Construct Security Building at Entrance; CAP-767, Roof	5448
Renovations; and CAP-768, Dorm Furniture Replacement.	5449

Reappropriations

Section 16.15.  OVH OHIO VETERANS' HOME

5450

Section 17.  All items set forth in this section are hereby	5455
appropriated out of any moneys in the state treasury to the credit	5456
of the Adult Correctional Building Fund (Fund 027) and derived	5457
from the proceeds of obligations heretofore authorized to pay	5458
costs of capital facilities, as defined in section 152.09 of the	5459
Revised Code, for the Department of Rehabilitation and Correction.	5460

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

5461

STATEWIDE AND CENTRAL OFFICE PROJECTS

5462

BELMONT CORRECTIONAL INSTITUTION

5498

CHILLICOTHE CORRECTIONAL INSTITUTION

5502

CORRECTIONAL RECEPTION CENTER

5518

CORRECTIONS TRAINING ACADEMY

5521

DAYTON CORRECTIONAL INSTITUTION

5527

GRAFTON CORRECTIONAL INSTITUTION

5531

HOCKING CORRECTIONAL INSTITUTION

5534

LEBANON CORRECTIONAL INSTITUTION

5540

LIMA CORRECTIONAL INSTITUTION

5549

LONDON CORRECTIONAL INSTITUTION

5562

MADISON CORRECTIONAL INSTITUTION

5570

MANSFIELD CORRECTIONAL INSTITUTION

5577

MARION CORRECTIONAL INSTITUTION

5582

NORTHEAST PRE-RELEASE CENTER

5593

OAKWOOD CORRECTIONAL FACILITY

5596

OHIO REFORMATORY FOR WOMEN

5601

PICKAWAY CORRECTIONAL INSTITUTION

5619

RICHLAND CORRECTIONAL INSTITUTION

5633

ROSS CORRECTIONAL INSTITUTION

5637

SOUTHEASTERN CORRECTIONAL INSTITUTION

5641

SOUTHERN OHIO CORRECTIONAL FACILITY

5653

TRUMBULL CORRECTIONAL INSTITUTION

5661

WARREN CORRECTIONAL INSTITUTION

5665

Section 17.01. LOCAL JAILS

5672

From the foregoing appropriation item, CAP-002, Local Jails,	5673
the Department of Rehabilitation and Correction shall designate	5674
the projects involving the construction and renovation of county,	5675
multicounty, municipal-county, and multicounty-municipal jail	5676
facilities and workhouses, including correctional centers	5677
authorized under sections 153.61 and 307.93 of the Revised Code,	5678
for which the Ohio Building Authority is authorized to issue	5679
obligations. Notwithstanding any provisions to the contrary in	5680
Chapter 152. or 153. of the Revised Code, the Department of	5681
Rehabilitation and Correction may coordinate, review, and monitor	5682
the drawdown and use of funds for the renovation or construction	5683
of projects for which designated funds are provided.	5684

The funding authorized under this section shall not be	5685
applied to any such facilities that are not designated by the	5686
Department of Rehabilitation and Correction. The amount of	5687
funding authorized under this section that may be applied to a	5688
project designated for initial funding after July 1,	5689
2000,involving the construction or renovation of a county,	5690
multicounty, municipal-county, and multicounty-municipal jail	5691
facilities and workhouses, including correctional centers	5692
authorized under sections 153.61 and 307.93 of the Revised Code,	5693
shall not exceed $35,000 per bed of the total allowable cost of	5694
the project in the case of construction of county and	5695
municipal-county jail facilities, workhouses, and correctional	5696
centers, or multicounty or multicounty-municipal jail facilities,	5697
workhouses, and correctional centers and shall not exceed 30 per	5698
cent of the total allowable cost of the project in the case of	5699
renovation of county, multicounty, municipal-county, and	5700
multicounty-municipal jail facilities, workhouses, and	5701
correctional centers. If a political subdivision is in the	5702
planning phase of constructing a multicounty or	5703
multicounty-municipal jail facility, workhouse, or correctional	5704
center on or before the effective date of this section, the	5705
Department of Rehabilitation and Correction shall fund that	5706
facility at $42,000 per bed. Multicounty or multicounty-municipal	5707
jail facility construction projects initiated after the effective	5708
date of this section may be considered for, but are not entitled	5709
to be awarded, funding at $42,000 per bed. The higher per bed	5710
award is at the discretion of the Department of Rehabilitation and	5711
Correction and is contingent upon available funds, the impact of	5712
the project, and inclusion of at least three counties in the	5713
project.	5714

The cost-per-bed funding authorized under this section that	5715
may be applied to a construction project shall not exceed the	5716
actual cost-per-bed of the project. The 30 per cent funding	5717
authorized under this section that may be applied to a renovation	5718
project shall not exceed $35,000 per bed of the total allowable	5719
cost of the project.	5720

The funding authorized under this section shall not be	5721
applied to any project involving the construction of a county,	5722
multicounty, municipal-county, or multicounty-municipal jail	5723
facility or workhouse, including a correctional center established	5724
under sections 153.61 and 307.93 of the Revised Code, unless the	5725
facility, workhouse, or correctional center will be built in	5726
compliance with "The Minimum Standards for Jails in Ohio" and the	5727
plans have been approved under section 5120.10 of the Revised	5728
Code. In addition, the funding authorized under this section	5729
shall not be applied to any project involving the renovation of a	5730
county, multicounty, municipal-county, or multicounty-municipal	5731
jail facility or workhouse, including a correctional center	5732
established under sections 153.61 and 307.93 of the Revised	5733
Code, unless the renovation is for the purpose of bringing the	5734
facility, workhouse, or correctional center into compliance with	5735
"The Minimum Standards for Jails in Ohio" and the plans have been	5736
approved under section 5120.10 of the Revised Code.	5737

Section 17.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

5738

The Department of Rehabilitation and Correction may designate	5739
to the Ohio Building Authority the sites of, and, notwithstanding	5740
any provisions to the contrary in Chapter 152. or 153. of the	5741
Revised Code, may review the renovation or construction of the	5742
single county and district community-based correctional facilities	5743
funded by the foregoing appropriation item CAP-003,	5744
Community-Based Correctional Facilities.	5745

POWERHOUSE/UTILITY IMPROVEMENTS

5746

The amount reappropriated for the foregoing appropriation	5747
item CAP-008, Powerhouse/Utility Improvements, is the unencumbered	5748
and unallotted balance as of June 30, 2002, in appropriation item	5749
CAP-008, Powerhouse/Utility Improvements, plus $544,622.	5750

Section 17.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

5751

The foregoing appropriation item CAP-041, Community	5752
Residential Program, may be used by the Department of	5753
Rehabilitation and Correction, under sections 5120.103, 5120.104,	5754
and 5120.105 of the Revised Code, to provide for the construction	5755
or renovation of halfway house facilities for offenders eligible	5756
for community supervision by the Department of Rehabilitation and	5757
Correction.	5758

GENERAL BUILDING RENOVATIONS

5759

The amount reappropriated for the foregoing appropriation	5760
item CAP-111, General Building Renovations, is the unencumbered	5761
and unallotted balance as of June 30, 2002, in appropriation item	5762
CAP-111, General Building Renovations, plus $1,666,065.	5763

Section 18.  All items set forth in this section are hereby	5764
appropriated out of any moneys in the state treasury to the credit	5765
of the Juvenile Correctional Building Fund (Fund 028) and derived	5766
from the proceeds of obligations heretofore authorized to pay	5767
costs of capital facilities, as defined in section 152.09 of the	5768
Revised Code, for the Department of Youth Services.	5769

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

5770

Section 18.01.  COMMUNITY REHABILITATION CENTERS

5787

From the foregoing appropriation item CAP-812, Community	5788
Rehabilitation Centers, the Department of Youth Services shall	5789
designate the projects involving the construction and renovation	5790
of single county and multicounty community corrections facilities	5791
for which the Ohio Building Authority is authorized to issue	5792
obligations.	5793

The Department of Youth Services is authorized to review and	5794
approve the renovation and construction of projects for which	5795
funds are provided. The proceeds of any obligations authorized	5796
under this section shall not be applied to any such facilities	5797
that are not designated and approved by the Department of Youth	5798
Services.	5799

The Department of Youth Services shall adopt guidelines to	5800
accept and review applications and designate projects. The	5801
guidelines shall require the county or counties to justify the	5802
need for the facility and to comply with timelines for the	5803
submission of documentation pertaining to the site, program, and	5804
construction.	5805

For purposes of this section, "community corrections	5806
facilities" has the same meaning as in section 5139.36 of the	5807
Revised Code.	5808

Section 18.02. LOCAL JUVENILE DETENTION CENTERS

5809

From the foregoing appropriation item CAP-829, Local Juvenile	5810
Detention Centers, the Department of Youth Services shall	5811
designate the projects involving the construction and renovation	5812
of county and multicounty juvenile detention centers for which the	5813
Ohio Building Authority is authorized to issue obligations.	5814

The Department of Youth Services is authorized to review and	5815
approve the renovation and construction of projects for which	5816
funds are provided. The proceeds of any obligations authorized	5817
under this section shall not be applied to any such facilities	5818
that are not designated by the Department of Youth Services.	5819

The Department of Youth Services shall comply with the	5820
guidelines set forth in this section, accept and review	5821
applications, designate projects, and determine the amount of	5822
state match funding to be applied to each project. The department	5823
shall, with the advice of the county or counties participating in	5824
a project, determine the funded design capacity of the detention	5825
centers that are designated to receive funding. Notwithstanding	5826
any provisions to the contrary contained in Chapter 152. or 153.	5827
of the Revised Code, the Department of Youth Services may	5828
coordinate, review, and monitor the drawdown and use of funds for	5829
the renovation and construction of projects for which designated	5830
funds are provided.	5831

(A) The Department of Youth Services shall develop a	5832
weighted numerical formula to determine the amount, if any, of	5833
state match that may be provided to a single or multicounty	5834
detention center project. The formula shall include the factors	5835
specified below in division (A)(1) of this section and may include	5836
the factors specified below in division (A)(2) of this section.	5837
The weight assigned to the factors specified in division (A)(1) of	5838
this section shall be not less than twice the weight assigned to	5839
factors specified in division (A)(2) of this section.	5840

(1)(a) The number of detention center beds needed in the	5841
county or group of counties, as estimated by the Department of	5842
Youth Services, is significantly more than the number of beds	5843
currently available;	5844

(b) Any existing detention center in the county or group of	5845
counties does not meet health, safety, or security standards for	5846
detention centers as established by the Department of Youth	5847
Services;	5848

(c) The Department of Youth Services projects that the	5849
county or group of counties have a need for a sufficient number of	5850
detention beds to make the project economically viable.	5851

(2)(a) The percentage of children in the county or group of	5852
counties living below the poverty level is above the state	5853
average;	5854

(b) The per capita income in the county or group of counties	5855
is below the state average.	5856

(B) The formula developed by the Department of Youth	5857
Services shall yield a percentage of state match ranging from 0 to	5858
60 per cent based on the above factors. Notwithstanding the	5859
foregoing provisions, if a single county or multicounty system	5860
currently has no detention center beds, or if the projected need	5861
for detention center beds as estimated by the Department of Youth	5862
Services is greater than 120 per cent of current detention center	5863
bed capacity, then the percentage of state match shall be 60 per	5864
cent. To determine the dollar amount of the state match for new	5865
construction projects, the percentage of state match is multiplied	5866
by $105,000 per bed for detention centers with a designated	5867
capacity of 99 beds or less, and by $130,000 per bed for detention	5868
centers with a design capacity of 100 beds or more. To determine	5869
the dollar amount of the state match for renovation projects the	5870
percentage match shall be multiplied by the actual cost of the	5871
renovation, provided that the cost of the renovation does not	5872
exceed $80,000 per bed. The funding authorized under this section	5873
that may be applied to a construction or renovation project shall	5874
not exceed the actual cost of the project.	5875

The funding authorized under this section shall not be	5876
applied to any project unless the detention center will be built	5877
in compliance with health, safety, and security standards for	5878
detention centers as established by the Department of Youth	5879
Services. In addition, the funding authorized under this section	5880
shall not be applied to the renovation of a detention center	5881
unless the renovation is for the purpose of increasing the number	5882
of beds in the center, or to meet health, safety, or security	5883
standards for detention centers as established by the Department	5884
of Youth Services.	5885

Section 19. All items set forth in this section are hereby	5886
appropriated out of any moneys in the state treasury to the credit	5887
of the Transportation Building Fund (Fund 029) and derived from	5888
the proceeds of obligations heretofore authorized to pay costs of	5889
the following capital improvements:	5890

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

5891

Section 20. All items set forth in this section are hereby	5896
appropriated out of any moneys in the state treasury to the credit	5897
of the Arts Facilities Building Fund (Fund 030) and derived from	5898
the proceeds of obligations heretofore authorized to pay costs of	5899
the following capital improvements:	5900

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5901

CENTER OF SCIENCE AND INDUSTRY - TOLEDO

5956

The amount reappropriated for the foregoing item CAP-003,	5957
Center of Science and Industry - Toledo, is $6,559 plus the	5958
unencumbered and unallotted balances as of June 30, 2002, in	5959
appropriation item CAP-003, Center of Science and Industry -	5960
Toledo.	5961

VALENTINE THEATRE

5962

The amount reappropriated for the foregoing appropriation	5963
item CAP-004, Valentine Theatre, is $31,828 plus the unencumbered	5964
and unallotted balances as of June 30, 2002, in appropriation item	5965
CAP-004, Valentine Theatre.	5966

CENTER OF SCIENCE AND INDUSTRY - COLUMBUS

5967

The amount reappropriated for the foregoing appropriation	5968
item CAP-005, Center of Science and Industry - Columbus, is	5969
$190,334 plus the unencumbered and unallotted balances as of June	5970
30, 2002, in appropriation item CAP-005, Center of Science and	5971
Industry - Columbus.	5972

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	5973
CONTRACTS	5974

Notwithstanding division (A) of section 3383.07 of the	5975
Revised Code, the Ohio Arts and Sports Facilities Commission, with	5976
respect to the foregoing appropriation item CAP-005, Center of	5977
Science and Industry - Columbus may administer all or part of	5978
capital facilities project contracts involving exhibit fabrication	5979
and installation as determined by the Department of Administrative	5980
Services, the Center of Science and Industry - Columbus, and the	5981
Ohio Arts and Sports Facilities Commission in review of the	5982
project plans. The Ohio Arts and Sports Facilities Commission	5983
shall enter into a contract with the Center of Science and	5984
Industry - Columbus to administer the exhibit fabrication and	5985
installation contracts and such contracts are not subject to	5986
Chapter 123. or 153. of the Revised Code.	5987

SANDUSKY STATE THEATRE IMPROVEMENTS

5988

The amount reappropriated for the foregoing appropriation	5989
item CAP-010, Sandusky State Theatre Improvements, is $2,633 plus	5990
the unencumbered and unallotted balances as of June 30, 2002, in	5991
appropriation item CAP-010, Sandusky State Theatre Improvements.	5992

STAMBAUGH HALL IMPROVEMENTS

5993

The amount reappropriated for the foregoing appropriation	5994
item CAP-013, Stambaugh Hall Improvements, is $1,477 plus the	5995
unencumbered and unallotted balances as of June 30, 2002, in	5996
appropriation item CAP-013, Stambaugh Hall Improvements.	5997

OHIO AGRICULTURAL AND INDUSTRIAL HERITAGE CENTER

5998

The amount reappropriated for the foregoing appropriation	5999
item CAP-056, Ohio Agricultural and Industrial Heritage Center, is	6000
$1,787 plus the unencumbered and unallotted balances as of June	6001
30, 2002, in appropriation item CAP-056, Ohio Agricultural and	6002
Industrial Heritage Center.	6003

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

6004

The amount reappropriated for appropriation item CAP-044,	6005
National Underground Railroad Freedom Center, is the sum of the	6006
unencumbered and unallotted balance as of June 30, 2002, in	6007
appropriation item CAP-044, National Underground Railroad Freedom	6008
Center, and CAP-029, Cincinnati Riverfront Development.	6009

Section 21.  All items set forth in this section are hereby	6010
appropriated out of any moneys in the state treasury to the credit	6011
of the Ohio Parks and Natural Resources Fund (Fund 031) and	6012
derived from the proceeds of obligations heretofore authorized to	6013
pay costs of capital facilities, as defined in sections 151.01 and	6014
151.05 of the Revised Code, for natural resource-related purposes.	6015

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6016

STATEWIDE AND LOCAL PROJECTS

6017

DIVISION OF CIVILIAN CONSERVATION

6045

DIVISION OF FORESTRY

6051

DIVISION OF GEOLOGIC SURVEY

6060

DIVISION OF MINERAL RESOURCES MANAGEMENT

6063

DIVISION OF NATURAL AREAS AND PRESERVES

6066

DIVISION OF WILDLIFE

6075

DIVISION OF PARKS AND RECREATION

6078

DIVISION OF SOIL AND WATER CONSERVATION

6107

DIVISION OF WATER

6111

Section 21.01. LAND ACQUISITION

6124

Of the foregoing appropriation item CAP-012, Land	6125
Acquisition, $300,000 shall be used by the City of Mentor to	6126
purchase property for the Mentor Marsh.	6127

CHIPPEWA MARINA

6128

Of the foregoing appropriation item CAP-331, Park Boating	6129
Facilities, $200,000 shall be used for the Chippewa Marina	6130
Rehabilitation at Indian Lake State Park in Logan County for dock	6131
replacement, additional docks, and seawall repairs.	6132

MIAMI AND ERIE CANAL IMPROVEMENTS

6133

Of the foregoing appropriation item CAP-705, Rehabilitate	6134
Canals, Hydraulic Works, and Support Facilities, at least	6135
$1,250,000 shall be used for Miami and Erie Canal improvements.	6136

REHABILITATE CANALS, HYDRAULIC WORKS, AND SUPPORT FACILITIES

6137

Of the foregoing reappropriation item CAP-705, Rehabilitate	6138
Canals, Hydraulic Works, and Support Facilities, $150,000 shall be	6139
used for Miami-Erie Canal Improvements in Allen County and	6140
$1,000,000 shall be used for the Ohio Canal Lock 3 Revitalization.	6141

OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT AND	6142
RENOVATION	6143

Of the foregoing reappropriation item CAP-841, Operations and	6144
Maintenance Facility Renovation and Development, $8,000 shall be	6145
used for Perry State Forest Fencing in Perry County, and $10,000	6146
shall be used for Harrison State Forest Improvements.	6147

LOCAL PARKS PROJECTS - STATEWIDE

6148

The amount reappropriated for the foregoing appropriation	6149
item CAP-748, Local Parks Projects - Statewide, is $1,311,625	6150
plus the unencumbered and unallotted balance as of June 30, 2002,	6151
in item CAP-748, Local Parks Projects - Statewide. The $1,311,625	6152
represents amounts that were previously appropriated, allocated to	6153
counties pursuant to division (D) of section 1557.06 of the	6154
Revised Code, and encumbered for local project grants. The	6155
encumberances for these local projects in the various counties	6156
shall be canceled by the Director of Natural Resources or the	6157
Director of Budget and Management. The Director of Natural	6158
Resources shall allocate the $1,311,625 to the same counties the	6159
moneys were originally allocated to, in the amount of the canceled	6160
encumbrances.	6161

COMMUNITY RECREATION PROJECTS

6162

Of the foregoing appropriation item CAP-788, Community	6163
Recreation Projects, grants shall be made for the following	6164
projects: $10,000 for Goodale Park Improvements, $20,000 for	6165
Grove City Park Improvements, $100,000 for Chagrin Falls Park,	6166
$10,000 for Holmes County Park District, $60,000 for the Leighty	6167
Lake Restoration Project, $300,000 for Firestone Park	6168
Improvements, $50,000 for Dover City Parks, $50,000 for New	6169
Philadelphia City Park, and $82,000 for Hamilton Township Park at	6170
Foster.	6171

DAM REHABILITATION

6172

Of the foregoing appropriation item CAP-881, Dam	6173
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	6174
Muskingum River Locks and Dams.	6175

Section 21.02.  For the projects appropriated in Section 21	6176
of this act, the Ohio Department of Natural Resources shall	6177
periodically prepare and submit to the Director of Budget and	6178
Management the estimated design, planning, and engineering costs	6179
of capital-related work to be done by the Department of Natural	6180
Resources for each project. Based on the estimates, the Director	6181
of Budget and Management may release appropriations from the	6182
foregoing appropriation item CAP-753, Project Planning, to pay for	6183
design, planning, and engineering costs incurred by the Department	6184
of Natural Resources for such projects. Upon release of the	6185
appropriations by the Director of Budget and Management, the	6186
Department of Natural Resources shall pay for these expenses from	6187
Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 using an	6188
intrastate voucher.	6189

Section 22.  All items set forth in this section are hereby	6190
appropriated out of any moneys in the state treasury to the credit	6191
of the School Building Program Assistance Fund (Fund 032) and	6192
derived from the proceeds of obligations heretofore authorized to	6193
pay the cost to the state of constructing classroom facilities	6194
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	6195

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

6196

Section 22.01. BIG EIGHT SCHOOL DISTRICTS

6204

(A) The amount reappropriated for the foregoing appropriation	6205
item CAP-775, Big Eight Capital Improvement Program, shall be used	6206
by the School Facilities Commission to provide funding to the big	6207
eight school districts, as defined in section 3314.02 of the	6208
Revised Code, to be used for major renovations and repairs of	6209
school facilities. Big eight school districts that levy at least	6210
2.5 voted mills for permanent improvements also are eligible to	6211
expend funding from this program for additions to existing	6212
facilities. However, any big eight school district that does so	6213
shall receive no financial assistance from the School Facilities	6214
Commission for the purpose of replacing that facility for a period	6215
of at least twenty years. These appropriations shall be allocated	6216
to the big eight school districts on a per-pupil basis, based on	6217
fiscal year 1997 average daily membership as defined in section	6218
3317.03 of the Revised Code. School districts that receive	6219
conditional approval by the Controlling Board, pursuant to section	6220
3318.04 of the Revised Code, to participate in the Accelerated	6221
Urban School Building Program are no longer eligible to receive	6222
funding from the Big Eight Capital Improvement Program, except for	6223
appropriations already encumbered at the time the conditional	6224
approval is granted. To be eligible to receive appropriations from	6225
the Big Eight Capital Improvement Program, each school district	6226
shall:	6227

(1) Provide a 100 per cent match from funds that are approved	6228
by the School Facilities Commission. Except for, after the	6229
effective date of this section, eligible districts in the first	6230
through fiftieth percentile, as determined under section 3318.011	6231
of the Revised Code, shall provide a match to their remaining	6232
balances in the Big Eight Renovation Program as of the effective	6233
date of this section such that the local match is equal to the	6234
district's percentage share contribution as determined under the	6235
fiscal year 2002 three-year average adjusted valuation per pupil	6236
list pursuant to section 3318.011 of the Revised Code.	6237

(2) Develop and submit a capital renovations plan for the use	6238
of the state and local funds subject to approval by the School	6239
Facilities Commission.	6240

(B) The Executive Director of the School Facilities	6241
Commission may from time to time request the Director of Budget	6242
and Management to transfer any unencumbered and unallotted	6243
balances in appropriation item CAP-775, Big Eight Capital	6244
Improvement Program, to appropriation item CAP-770, School	6245
Building Program Assistance. Any amounts transferred are hereby	6246
appropriated.	6247

Section 23.  All items set forth in Sections 23.01 to 23.03	6248
of this act are hereby appropriated out of any moneys in the state	6249
treasury to the credit of the Mental Health Facilities Improvement	6250
Fund (Fund 033) and derived from the proceeds of obligations	6251
heretofore authorized to pay costs of capital facilities, as	6252
defined in section 154.01 of the Revised Code, for mental hygiene	6253
and retardation.	6254

Reappropriations

Section 23.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	6255
SERVICES	6256

Reappropriations

Section 23.02.  DMH DEPARTMENT OF MENTAL HEALTH

6262

STATEWIDE AND CENTRAL OFFICE PROJECTS

6263

HAZARDOUS MATERIALS ABATEMENT

6273

The amount reappropriated for appropriation item CAP-092,	6274
Hazardous Materials Abatement, is the sum of the unencumbered and	6275
unallotted balances as of June 30, 2002, in appropriation items	6276
CAP-973, Abatement of Hazardous Airborne Materials, and CAP-092,	6277
Hazardous Materials Abatement.	6278

LIFE SAFETY AND CRITICAL PLANT RENOVATIONS

6279

The amount reappropriated for appropriation item CAP-976,	6280
Life Safety/Critical Plant Renovations, is the sum of the	6281
unencumbered and unallotted balances as of June 30, 2002, in	6282
appropriation items CAP-954, Fire Suppression Improvements -	6283
Dayton; CAP-979, Life Safety/Critical Plant Renovation; CAP-983,	6284
Life Safety/Critical Plant Renovation; and CAP-976, Life	6285
Safety/Critical Plant Renovation.	6286

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

6287

The amount reappropriated for appropriation item CAP-977,	6288
Patient Care/Environment Improvements, is the sum of the	6289
unencumbered and unallotted balances as of June 30, 2002, in	6290
appropriation items CAP-303, Center School Replacement; CAP-701,	6291
Energy Conservation Projects; CAP-790, Main Building Addition -	6292
Phase 1 - Toledo; CAP-822, New Facility Development - Athens;	6293
CAP-949, Building/Residential Unit Rehabilitation - CMHC; CAP-950,	6294
Residential Unit Reconfiguration - Columbus; CAP-953	6295
Building/Residential Unit Reconfiguration - North Campus; CAP-956,	6296
Building/Residential Unit Reconfiguration - Dayton; CAP-958,	6297
Building/Residential Unit Reconfiguration - MPC; CAP-963, Building	6298
Reconfiguration/Consolidation - Toledo; CAP-980, Patient	6299
Environment Improvements/Consolidation; CAP-984, Patient	6300
Environment Improvements/Consolidation; and CAP-977, Patient	6301
Care/Environment Improvements.	6302

INFRASTRUCTURE RENOVATIONS

6303

The amount reappropriated for appropriation item CAP-978,	6304
Infrastructure Renovations, is the sum of the unencumbered and	6305
unallotted balances as of June 30, 2002, in appropriation items	6306
CAP-825, Dietary Facility Development; CAP-930, Boiler/HVAC	6307
Renovation - Phase 2; CAP-833, Dietary Renovation - North Campus;	6308
CAP-943, Dietary Delivery System; CAP-947, Telephone System	6309
Renovation; CAP-951, Utility Consolidation/Site Improvements -	6310
Columbus; CAP-982, Infrastructure Renovations; CAP-985,	6311
Infrastructure Renovations; CAP-987, Telecommunication	6312
Renovations; and CAP-978, Infrastructure Renovations.	6313

CAMPUS CONSOLIDATION

6314

The amount reappropriated for appropriation item CAP-986,	6315
Campus Consolidation, is the sum of the unencumbered and	6316
unallotted balances as of June 30, 2002, in appropriation items	6317
CAP-906, Campus Consolidation Planning; and CAP-986, Campus	6318
Consolidation.	6319

Reappropriations

Section 23.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND

6320

DEVELOPMENTAL DISABILITIES

6321

STATEWIDE PROJECTS

6322

COMMUNITY ASSISTANCE PROJECTS

6333

The foregoing appropriation item CAP-480, Community	6334
Assistance Projects, may be used to provide community assistance	6335
funds for the construction or renovation of facilities for day	6336
programs or residential programs that provide services to persons	6337
eligible for services from the Department of Mental Retardation	6338
and Developmental Disabilities or county boards of mental	6339
retardation and developmental disabilities. Any funds provided to	6340
nonprofit agencies for the construction or renovation of	6341
facilities for persons eligible for services from the Department	6342
of Mental Retardation and Developmental Disabilities and county	6343
boards of mental retardation and developmental disabilities are	6344
subject to the prevailing wage provisions in section 176.05 of the	6345
Revised Code.	6346

STATEWIDE DEVELOPMENTAL CENTERS

6347

The amount reappropriated for the foregoing appropriation	6348
item CAP-955, Statewide Developmental Centers, is the sum of the	6349
unencumbered and unallotted balances as of June 30, 2002, in	6350
appropriation items CAP-014, Electrical System Renovations;	6351
CAP-479, Community Residential Projects; CAP-712,	6352
Administration/Education/Workshop; CAP-849, Exterior Renovations;	6353
CAP-854, Renovate Residential Buildings; CAP-888, New	6354
Dietary/Support Service Building - CDC; CAP-890, Roof Renovations	6355
- GDC; CAP-897, ADA Compliance Improvements - TDC; CAP-916,	6356
Electrical System Renovation; CAP-918, Renovation of Water	6357
Wells/Tower; CAP-921, Window Replacements; CAP-929, Program	6358
Building Renovation; CAP-930, Garza Building Renovation; CAP-939,	6359
Tunnel and Site Improvements; CAP-942, Fire Alarm/Sprinkler System	6360
Improvements; and CAP-980, Pool Chemical Feed System.	6361

APPLE CREEK DEVELOPMENTAL CENTER

6362

CAMBRIDGE DEVELOPMENTAL CENTER

6370

COLUMBUS DEVELOPMENTAL CENTER

6377

GALLIPOLIS DEVELOPMENTAL CENTER

6383

MONTGOMERY DEVELOPMENTAL CENTER

6391

MOUNT VERNON DEVELOPMENTAL CENTER

6397

NORTHWEST OHIO DEVELOPMENTAL CENTER

6407

SOUTHWEST OHIO DEVELOPMENTAL CENTER

6414

SPRINGVIEW DEVELOPMENTAL CENTER

6419

TIFFIN DEVELOPMENTAL CENTER

6425

WARRENSVILLE DEVELOPMENTAL CENTER

6433

YOUNGSTOWN DEVELOPMENTAL CENTER

6443

Section 23.04.  The foregoing capital improvements for which	6454
appropriations are made in Sections 23.01 to 23.03 of this act are	6455
determined to be capital improvements and capital facilities for	6456
mental hygiene and retardation, and are designated as the capital	6457
facilities to which proceeds of obligations in the Mental Health	6458
Facilities Improvement Fund, created by section 154.20 of the	6459
Revised Code, are to be applied. The foregoing appropriations for	6460
the Department of Alcohol and Drug Addiction Services, CAP-002,	6461
Community Assistance Projects; Department of Mental Health,	6462
CAP-479, Community Assistance Projects; and Department of Mental	6463
Retardation and Developmental Disabilities, CAP-480, Community	6464
Assistance Projects, may be used on facilities constructed or to	6465
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	6466
5126. of the Revised Code or the authority granted by section	6467
154.20 of the Revised Code and the rules adopted pursuant to those	6468
chapters and that section and shall be distributed by the	6469
Department of Alcohol and Drug Addiction Services, the Department	6470
of Mental Health, and the Department of Mental Retardation and	6471
Developmental Disabilities, subject to Controlling Board approval.	6472

Section 23.05.  (A) No capital improvement appropriations	6473
made in Sections 23.01 to 23.03 of this act shall be released for	6474
planning or for improvement, renovation, or construction or	6475
acquisition of capital facilities if a governmental agency, as	6476
defined in section 154.01 of the Revised Code, does not own the	6477
real property that constitutes the capital facilities or on which	6478
the capital facilities are or will be located. This restriction	6479
does not apply in any of the following circumstances:	6480

(1) The governmental agency has a long-term (at least	6481
fifteen years) lease of, or other interest (such as an easement)	6482
in, the real property.	6483

(2) In the case of an appropriation for capital facilities	6484
that, because of their unique nature or location, will be owned or	6485
be part of facilities owned by a separate nonprofit organization	6486
and made available to the governmental agency for its use or	6487
operated by the nonprofit organization under contract with the	6488
governmental agency, the nonprofit organization either owns or has	6489
a long-term (at least fifteen years) lease of the real property or	6490
other capital facility to be improved, renovated, constructed, or	6491
acquired and has entered into a joint or cooperative use	6492
agreement, approved by the Department of Mental Health, Department	6493
of Mental Retardation and Developmental Disabilities, or	6494
Department of Alcohol and Drug Addiction Services, whichever is	6495
applicable, with the governmental agency for that agency's use of	6496
and right to use the capital facilities to be financed and, if	6497
applicable, improved, the value of such use or right to use being,	6498
as determined by the parties, reasonably related to the amount of	6499
the appropriation.	6500

(B) In the case of capital facilities referred to in	6501
division (A)(2) of this section, the joint or cooperative use	6502
agreement shall include, as a minimum, provisions that:	6503

(1) Specify the extent and nature of that joint or	6504
cooperative use, extending for no fewer than fifteen years, with	6505
the value of such use or right to use to be, as determined by the	6506
parties and approved by the applicable department, reasonably	6507
related to the amount of the appropriation;	6508

(2) Provide for pro rata reimbursement to the state should	6509
the arrangement for joint or cooperative use by a governmental	6510
agency be terminated;	6511

(3) Provide that procedures to be followed during the	6512
capital improvement process will comply with appropriate	6513
applicable state statutes and rules, including provisions of this	6514
act.	6515

Section 24.  All items set forth in Sections 24.01 to 24.56	6516
of this act are hereby appropriated out of any moneys in the	6517
state treasury to the credit of the Higher Education Improvement	6518
Fund (Fund 034) and derived from the proceeds of obligations	6519
heretofore authorized to pay the costs of capital facilities, as	6520
defined in sections 151.01 and 151.04 of the Revised Code, for	6521
state-supported and state-assisted institutions of higher	6522
education.	6523

Reappropriations

Section 24.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	6524
NETWORK COMMISSION	6525

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

6530

The foregoing appropriation item CAP-001, Educational	6531
Television and Radio Equipment, shall be used to provide	6532
broadcasting, transmission, and production equipment to Ohio	6533
public radio and television stations, radio reading services, and	6534
the Ohio Educational Telecommunications Network Commission.	6535

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

6536

The foregoing appropriation item CAP-002, Educational	6537
Broadcasting Fiber Optic Network, shall be used to link the Ohio	6538
public radio and television stations, radio reading services, and	6539
the Ohio Educational Broadcasting Network for the reception and	6540
transmission of digital communications through fiber optic cable	6541
or other technology.	6542

Reappropriations

Section 24.02.  BOR BOARD OF REGENTS

6543

Section 24.03. SUPERCOMPUTER CENTER EXPANSION

6556

The amount reappropriated for the foregoing appropriation	6557
item CAP-030, Supercomputer Center Expansion, is the unencumbered	6558
and unallotted balance as of June 30, 2002, in appropriation item	6559
CAP-030, Supercomputer Center Expansion, minus $508,599.	6560

Section 24.04. RESEARCH FACILITY ACTION INVESTMENT FUNDS

6561

The amount reappropriated for the foregoing appropriation	6562
item CAP-032, Research Facility Action and Investment Funds, is	6563
the sum of the unencumbered and unallotted balance as of June 30,	6564
2002, in appropriation item CAP-032, Research Facility Action and	6565
Investment Funds, plus the unencumbered and unallotted balance as	6566
of June 30, 2002, in Youngstown State University's appropriation	6567
item CAP-118, X-Ray Defractometer.	6568

Section 24.05.  RESEARCH FACILITY ACTION AND INVESTMENT	6569
FUNDS	6570

The foregoing appropriation item CAP-032, Research Facility	6571
Action and Investment Funds, shall be used for a program of grants	6572
to be administered by the Board of Regents to provide timely	6573
availability of capital facilities for research programs and	6574
research-oriented instructional programs at or involving	6575
state-supported and state-assisted institutions of higher	6576
education.	6577

The Board of Regents shall adopt rules under Chapter 119. of	6578
the Revised Code relative to the application for and approval of	6579
projects funded from appropriation item CAP-032, Research Facility	6580
Action and Investment Funds. The rules shall be reviewed and	6581
approved by the Legislative Committee on Education Oversight. The	6582
Board of Regents shall inform the President of the Senate and the	6583
Speaker of the House of Representatives of each project	6584
application for funding received. Each project receiving a	6585
commitment for funding by the Board of Regents under the rules	6586
shall be reported to the President of the Senate and the Speaker	6587
of the House of Representatives.	6588

Section 24.06. REPAYMENT OF RESEARCH FACILITY ACTION AND	6589
INVESTMENT FUND MONEYS	6590

Notwithstanding any provision of law to the contrary, all	6591
repayments of Research Facility Action and Investment Fund loans	6592
shall be made to the Bond Service Account in the Higher Education	6593
Bond Service Trust Fund.	6594

Institutions of higher education shall make timely repayments	6595
of Research Facility Action and Investment Fund loans, according	6596
to the schedule established by the Board of Regents. In the case	6597
of late payments, the Board of Regents may deduct from an	6598
institution's periodic subsidy distribution an amount equal to the	6599
amount of the overdue payment for that institution, transfer such	6600
amount to the Bond Service Trust Fund, and credit the appropriate	6601
institution for the repayment.	6602

Section 24.07. CHILD CARE FACILITIES - MATCHING GRANTS

6603

The foregoing appropriation item CAP-033, Child Care	6604
Facilities - Matching Grants, shall be used by the Board of	6605
Regents to make grants to state-supported or state-assisted	6606
institutions of higher education for projects to expand,	6607
construct, renovate space, or equip child care centers. All	6608
grants shall be awarded on a 50 per cent match basis. In making	6609
grant awards, the Board of Regents shall give priority to:	6610

(A) Projects located at state-supported or state-assisted	6611
institutions without child care facilities;	6612

(B) Projects for which the principal clients are children of	6613
students enrolled at the institution; and	6614

(C) Projects where the facility will be used as a	6615
classroom/training lab for child care/preschool certification	6616
programs.	6617

Section 24.08. TECHNOLOGY INITIATIVES

6618

In order to determine a method of awarding grants from the	6619
foregoing appropriation item CAP-060, Technology Initiatives, the	6620
Board of Regents shall form a consultation group including, but	6621
not limited to, representatives of state-supported and	6622
state-affiliated colleges and universities, the Office of Budget	6623
and Management, the Legislative Service Commission, and the	6624
Legislative Office of Education Oversight.	6625

Section 24.09. EMINENT SCHOLARS CAPITAL GRANTS

6626

The foregoing appropriation item CAP-064, Eminent Scholars	6627
Capital Grants, shall be used by the Board of Regents to make	6628
grants to state colleges and universities and nonprofit	6629
institutions of higher education holding certificates of	6630
authorization issued under section 1713.02 of the Revised Code	6631
that receive endowment grants from appropriation item 235-451,	6632
Eminent Scholars. The capital grants shall be used to acquire,	6633
renovate, rehabilitate, or construct facilities and purchase	6634
equipment to be used by an eminent scholar in the conduct of	6635
research and shall require a 50 per cent match from recipient	6636
campuses.	6637

The Board of Regents shall convene an Eminent Scholars	6638
Advisory Panel that shall make recommendations for the	6639
administration of the Eminent Scholars Program, including the	6640
award of capital grants. The panel's recommendations for capital	6641
grants from appropriation item CAP-064, Eminent Scholars Capital	6642
Grants, shall require the approval of the Board of Regents.	6643

Section 24.10. BIOMEDICAL TECHNOLOGY CENTER

6644

The foregoing appropriation item CAP-065, Biomedical	6645
Technology Center, shall be used by the Center for Applied	6646
Biomedical Technologies for site development and the design,	6647
construction, and equipment costs of a new biomedical technology	6648
resources facility. Prior to release of the funds, a proposal for	6649
the construction of the facility and the use of state funds shall	6650
be approved by the Biomedical Technology Center Oversight	6651
Committee, which is hereby created and consists of the Governor's	6652
Science and Technology Advisor, the president of the Edison Bio	6653
Technology Center, and the Governor's regional economic	6654
development representative for northeastern Ohio. The committee	6655
shall determine the extent to which Section 24.54 of this act or	6656
appropriate alternative procedures apply to the project. Upon	6657
notification of the committee's approval, the Chancellor of the	6658
Board of Regents shall request the Director of Budget and	6659
Management or the Controlling Board to release the appropriations.	6660
The Biomedical Technology Center Oversight Committee ceases to	6661
exist upon the release of all appropriations from this item. This	6662
appropriation shall not be used to match any grants made by the	6663
Biomedical Research and Technology Transfer Commission.	6664

Section 24.11. REIMBURSEMENT FOR PROJECT COSTS

6665

Appropriations made in Sections 24.02 to 24.56 of this act	6666
for purposes of the costs of capital facilities for the interim	6667
financing of which the particular institution has previously	6668
issued its own obligations anticipating the possibility of future	6669
state appropriations to pay all or a portion of such costs, as	6670
contemplated in division (B) of section 3345.12 of the Revised	6671
Code, shall be paid directly to the institution or the paying	6672
agent for those outstanding obligations in the full principal	6673
amount of those obligations then to be paid from the anticipated	6674
appropriation, and shall be timely applied to the retirement of a	6675
like principal amount of the institution's obligations.	6676

Appropriations made in Sections 24.02 to 24.56 of this act	6677
for purposes of the costs of capital facilities, all or a portion	6678
of which costs the particular institution has paid from the	6679
institution's moneys that were temporarily available and which	6680
payments were reasonably expected to be reimbursed from the	6681
proceeds of obligations issued by the state, shall be directly	6682
paid to the institution in the full amounts of those payments and	6683
shall be timely applied to the reimbursement of those temporarily	6684
available moneys.	6685

Reappropriations

Section 24.12.  UAK UNIVERSITY OF AKRON

6686

Reappropriations

Section 24.13.  BGU BOWLING GREEN STATE UNIVERSITY

6706

BASIC RENOVATIONS

6728

The amount reappropriated for the foregoing appropriation	6729
item CAP-009, Basic Renovations, shall be the sum of the	6730
unencumbered and unallotted balances as of June 30, 2002, in	6731
appropriation items CAP-009, Basic Renovations; CAP-054,	6732
University Hall Rehabilitation; CAP-055, Fine Arts Addition;	6733
CAP-056, Modify Continuing Education Offices; CAP-057, Roof	6734
Renovations; CAP-061, Bursar/Biology Labs/Library/Sewer; CAP-063,	6735
Eppler Rehabilitation; CAP-081, Large Lecture Hall Renovations;	6736
CAP-083, Central Heating Plant Replacement; CAP-084, Physical	6737
Sciences Chiller; CAP-086, Health Center - 2nd Floor Renovations;	6738
CAP-096, Campus-wide Paving - Phase II; CAP-097, Education	6739
Building HVAC Upgrades; CAP-098, Sciences Complex Cooling Tower;	6740
CAP-099, Technology Building Chiller; and CAP-107, Campus Lighting	6741
Project - Phase II, plus $2,070.	6742

BASIC RENOVATIONS - FIRELANDS

6743

The amount reappropriated for the foregoing appropriation	6744
item CAP-060, Basic Renovations - Firelands, is the sum of the	6745
unencumbered and unallotted balances as of June 30, 2002, in	6746
appropriation items CAP-060, Basic Renovations - Firelands;	6747
CAP-067, Energy Conservation Project - Firelands; and CAP-089, ADA	6748
Modifications - Firelands.	6749

Reappropriations

Section 24.14.  CSU CENTRAL STATE UNIVERSITY

6750

Reappropriations

Section 24.15.  UCN UNIVERSITY OF CINCINNATI

6773

NEW CLASSROOM/LAB BUILDING - CLERMONT

6834

The amount reappropriated for the foregoing appropriation	6835
item CAP-127, New Classroom/Lab Building - Clermont, is $21,215.	6836

SCIENCE/ALLIED HEALTH BUILDING - WALTERS

6837

The amount reappropriated for the foregoing appropriation	6838
item CAP-128, Science/Allied Health Building - Walters, is	6839
$77,947, plus the unencumbered and unallotted balance as of June	6840
30, 2002, in appropriation item CAP-128, Science/Allied Health	6841
Building - Walters.	6842

Reappropriations

Section 24.16.  CLS CLEVELAND STATE UNIVERSITY

6843

CLASSROOM UPGRADE

6874

The amount reappropriated for the foregoing appropriation	6875
item CAP-109, Classroom Upgrade, is $5,192 plus the unencumbered	6876
and unallotted balance as of June 30, 2002, in appropriation item	6877
CAP-109, Classroom Upgrade.	6878

LANDSCAPING/SIDEWALKS/STAIRS

6879

The amount reappropriated for the foregoing appropriation	6880
item CAP-117, Landscaping/Sidewalks/Stairs, is $12,621 plus the	6881
unencumbered and unallotted balance as of June 30, 2002, in	6882
appropriation item CAP-117, Landscaping/Sidewalks/Stairs.	6883

Reappropriations

Section 24.17.  KSU KENT STATE UNIVERSITY

6884

Reappropriations

Section 24.18.  MUN MIAMI UNIVERSITY

6953

BASIC RENOVATIONS

7000

The amount reappropriated for the foregoing appropriation	7001
item CAP-018, Basic Renovations, is the sum of the unencumbered	7002
and unallotted balances as of June 30, 2002, in appropriation	7003
items CAP-018, Basic Renovations, and CAP-084, Central Steam Plant	7004
Addition.	7005

BASIC RENOVATIONS - HAMILTON

7006

The amount reappropriated for the foregoing appropriation	7007
item CAP-066, Basic Renovations - Hamilton, is $22,712 plus the	7008
unencumbered and unallotted balance as of June 30, 2002, in	7009
appropriation item CAP-066, Basic Renovations - Hamilton.	7010

LAND RESTORATION - HAMILTON

7011

The amount reappropriated for the foregoing appropriation	7012
item CAP-064, Land Restoration - Hamilton, is the unencumbered and	7013
unallotted balance as of June 30, 2002, in appropriation item	7014
CAP-064, Land Restoration - Hamilton, minus $22,712.	7015

HOYT HALL REHABILITATION

7016

The amount reappropriated for the foregoing appropriation	7017
item CAP-088, Hoyt Hall Rehabilitation, is $3,693 plus the	7018
unencumbered and unallotted balance as of June 30, 2002, in	7019
appropriation item CAP-088, Hoyt Hall Rehabilitation.	7020

HIGH VOLTAGE ELECTRIC

7021

The amount reappropriated for the foregoing appropriation	7022
item CAP-089, High Voltage Electric, is $1,155 plus the	7023
unencumbered and unallotted balance as of June 30, 2002, in	7024
appropriation item CAP-089, High Voltage Electric.	7025

ROUDEBUSH HALL REHABILITATION

7026

The amount reappropriated for the foregoing appropriation	7027
item CAP-111, Roudebush Hall Rehabilitation, is $161,556 plus the	7028
unencumbered and unallotted balance as of June 20, 2002, in	7029
appropriation item CAP-111, Roudebush Hall Rehabilitation.	7030

CHILLED WATER LOOP - HAMILTON

7031

The amount reappropriated for the foregoing appropriation	7032
item CAP-112, Chilled Water Loop Phase I - Hamilton, is $507,029	7033
plus the unencumbered and unallotted balance as of June 30, 2002,	7034
in appropriation item CAP-112, Chilled Water Loop - Hamilton.	7035

CHILLED WATER LOOP - MIDDLETOWN

7036

The amount reappropriated for the foregoing appropriation	7037
item CAP-114, Chilled Water Loop Phase I - Middletown, is the	7038
unencumbered and unallotted balance as of June 30, 2002, in	7039
appropriation item CAP-114, Chilled Water Loop - Middletown, minus	7040
$501,381.	7041

Reappropriations

Section 24.19. OSU OHIO STATE UNIVERSITY

7042

BASIC RENOVATIONS

7237

The amount reappropriated for the foregoing appropriation	7238
item CAP-074, Basic Renovations, is $370,480 plus the unencumbered	7239
and unallotted balance as of June 30, 2002, in appropriation item	7240
CAP-074, Basic Renovations.	7241

EVANS LAB ADDITION

7242

The amount reappropriated for the foregoing appropriation	7243
item CAP-216, Evans Lab Addition, is $14,195 plus the unencumbered	7244
and unallotted balance as of June 30, 2002, in appropriation item	7245
CAP-216, Evans Lab Addition.	7246

HORTICULTURE/ENTOMOLOGY GREENHOUSE - OARDC

7247

The amount reappropriated for the foregoing appropriation	7248
item CAP-271, Horticulture/Entomology Greenhouse - OARDC, is	7249
$1,860 plus the unencumbered and unalloted balance as of June 30,	7250
2002, in appropriation item CAP-271, Horticulture/Entomology	7251
Greenhouse - OARDC.	7252

CENTER FOR AUTOMOTIVE RESEARCH

7253

The amount reappropriated for the foregoing appropriation	7254
item CAP-334, Center for Automotive Research, is $2,340 plus the	7255
unencumbered and unallotted balance as of June 30, 2002, in	7256
appropriation item CAP-334, Center or Automotive Research.	7257

MAINTENANCE, RECEIVING, AND STORAGE FACILITY - MARION

7258

The amount reappropriated for the foregoing appropriation	7259
item CAP-361, Maintenance, Receiving, and Storage Facility -	7260
Marion, is $9,951 plus the unencumbered and unalloted balance as	7261
of June 30, 2002, in appropriation item CAP-361, Maintenance,	7262
Receiving, Storage - Marion.	7263

CAMPUS GROUNDS LIGHTS

7264

The amount reappropriated for the foregoing appropriation	7265
item CAP-411, Campus Grounds-Lights Phase 4, is $280 plus the	7266
unencumbered and unallotted balance as of June 30, 2002, in	7267
appropriation item CAP-411, Campus Grounds Lights.	7268

OCARNET

7269

The amount reappropriated for the foregoing appropriation	7270
item CAP-421, OCARNET, is $4,104 plus the unencumbered and	7271
unallotted balance as of June 30, 2002, in appropriation item	7272
CAP-421, OCARNET.	7273

BIOPROCESSING RESEARCH

7274

The amount reappropriated for the foregoing appropriation	7275
item CAP-422, Bioprocessing Research, is $13,677 plus the	7276
unencumbered and unallotted balance as of June 30, 2002, in	7277
appropriation item CAP-422, Bioprocessing Research.	7278

CAPITAL EQUIPMENT - OARDC

7279

The amount reappropriated for the foregoing appropriation	7280
item CAP-428, Capital Equipment - OARDC, is $2,725 plus the	7281
unencumbered and unalloted balance as of June 30, 2002, in	7282
appropriation item CAP-428, Capital Equipment - OARDC.	7283

CAMPUS GROUNDS EXTERIOR LIGHTING

7284

The amount reappropriated for the foregoing appropriation	7285
item CAP-450, Campus Grounds Exterior Lighting, Phase 5, is $1,700	7286
plus the unencumbered and unallotted balance as of June 30, 2002,	7287
in appropriation item CAP-450, Campus Grounds Exterior Lighting.	7288

FONTANA LAB - CHILLER REPLACEMENT

7289

The amount reappropriated for the foregoing appropriation	7290
item CAP-504, Fontana Lab - Chiller Replacement, is $5,981 plus	7291
the unencumbered and unallotted balance as of June 30, 2002, in	7292
appropriation item CAP-504, Fontana Lab - Chiller Replacement.	7293

SUPERCOMPUTER CENTER EXPANSION

7294

The amount reappropriated for the foregoing appropriation	7295
item CAP-590, Supercomputer Center Expansion, is $508,599 plus the	7296
unencumbered and unalloted balance as of June 30, 2002, in	7297
appropriation item CAP-590, Supercomputer Center Expansion.	7298

Reappropriations

7299

Section 24.20. OHU OHIO UNIVERSITY

7300

BASIC RENOVATIONS

7350

The amount reappropriated for the foregoing appropriation	7351
item CAP-020, Basic Renovations, is $22,905 plus the unencumbered	7352
and unallotted balance as of June 30, 2002, in appropriation item	7353
CAP-020, Basic Renovations.	7354

MEMORIAL AUDITORIUM REHABILITATION

7355

The amount reappropriated for the foregoing appropriation	7356
item CAP-086, Memorial Auditorium Rehabilitation, is $3,977 plus	7357
the unencumbered and unallotted balance as of June 30, 2002, in	7358
appropriation item CAP-086, Memorial Auditorium Rehabilitation.	7359

BASIC RENOVATIONS - LANCASTER

7360

The amount reappropriated for the foregoing appropriation	7361
item CAP-098, Basic Renovations - Lancaster, is $280 plus the	7362
unencumbered and unallotted balance as of June 30, 2002, in	7363
appropriation item CAP-098, Basic Renovations - Lancaster.	7364

BASIC RENOVATIONS - ZANESVILLE

7365

The amount reappropriated for the foregoing appropriation	7366
item CAP-099, Basic Renovations - Zanesville, is $1,013 plus the	7367
unencumbered and unallotted balance as of June 30, 2002, in	7368
appropriation item CAP-099, Basic Renovations - Zanesville.	7369

RIDGES AUDITORIUM REHABILITATION

7370

The amount reappropriated for the foregoing appropriation	7371
item CAP-120, Ridges Auditorium Rehabilitation, is $474 plus the	7372
unencumbered and unallotted balance as of June 30, 2002, in	7373
appropriation item CAP-120, Ridges Auditorium Rehabilitation.	7374

GYMNASIUM DEVELOPMENT - EASTERN

7375

The amount reappropriated for the foregoing appropriation	7376
item CAP-136, Gymnasium Development - Eastern, is $1,267 plus the	7377
unencumbered and unallotted balance as of June 30, 2002, in	7378
appropriation item CAP-136, Gymnasium Development - Eastern.	7379

HEALTH PROFESSIONS LABS - PHASE I

7380

The amount reappropriated for the foregoing appropriation	7381
item CAP-142, Health Professions Labs Phase I, is $22,115 plus the	7382
unencumbered and unallotted balance as of June 30, 2002, in	7383
appropriation item CAP-142, Health Professions Labs.	7384

BRASEE HALL REHABILITATION - LANCASTER

7385

The amount reappropriated for the foregoing appropriation	7386
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is $1,000	7387
plus the unencumbered and unallotted balance as of June 30, 2002,	7388
in appropriation item CAP-155, Brasee Hall Rehabilitation -	7389
Lancaster.	7390

CENTRAL CLASSROOM BUILDING

7391

The amount reappropriated for the foregoing appropriation	7392
item CAP-183, Central Classroom Building, is $7,414 plus the	7393
unencumbered and unallotted balance as of June 30, 2002, in	7394
appropriation item CAP-183, Central Classroom Building.	7395

UTILITIES TO SCRIPPS HALL

7396

The amount reappropriated for the foregoing appropriation	7397
item CAP-184, Utilities to Scripps Hall, is $211 plus the	7398
unencumbered and unallotted balance as of June 30, 2002, in	7399
appropriation item CAP-184, Utilities to Scripps Hall.	7400

ELLIS HALL PARTIAL RENOVATION

7401

The amount reappropriated for the foregoing appropriation	7402
item CAP-186, Ellis Hall Partial Renovation, is $17,181 plus the	7403
unencumbered and unallotted balance as of June 30, 2002, in	7404
appropriation item CAP-186, Ellis Hall Partial Renovation.	7405

Reappropriations

Section 24.21. SSC SHAWNEE STATE UNIVERSITY

7406

Reappropriations

Section 24.22. UTO UNIVERSITY OF TOLEDO

7425

Reappropriations

Section 24.23. WSU WRIGHT STATE UNIVERSITY

7452

BASIC RENOVATIONS

7474

The amount reappropriated for the foregoing appropriation	7475
item CAP-015, Basic Renovations, is $33,910 plus the unencumbered	7476
and unallotted balance as of June 30, 2002, in appropriation item	7477
CAP-015, Basic Renovations.	7478

LIBRARY ACCESS CONSOLIDATION SYSTEM

7479

The amount reappropriated for the foregoing appropriation	7480
item CAP-080, Library Access Consolidation System, is $2,911 plus	7481
the unencumbered and unallotted balance as of June 30, 2002, in	7482
appropriation item CAP-080, Library Access Consolidation System.	7483

Reappropriations

Section 24.24. YSU YOUNGSTOWN STATE UNIVERSITY

7484

BLISS HALL REHABILITATING

7505

The amount reappropriated for the foregoing appropriation	7506
item CAP-040, Bliss Hall Rehabilitation - Final Phase, is the sum	7507
of the unencumbered and unallotted balances as of June 30, 2002,	7508
in appropriation items CAP-040, Bliss Hall Rehabilitation, and	7509
CAP-115, Fedor Hall Rehabilitation.	7510

CAMPUS DEVELOPMENT

7511

The amount reappropriated for the foregoing appropriation	7512
item CAP-113, Campus Development, is the sum of the unencumbered	7513
and unallotted balances as of June 30, 2002, in appropriation	7514
items CAP-113, Campus Development, and CAP-027, Property	7515
Acquisitions/Street Closures.	7516

Reappropriations

Section 24.25. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	7517
MEDICINE	7518

Reappropriations

Section 24.26. MCO MEDICAL COLLEGE OF OHIO

7530

Reappropriations

Section 24.27. CWR UNIVERSITY HOSPITALS, CASE WESTERN RESERVE	7542
UNIVERSITY	7543

Reappropriations

Section 24.28. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	7560
COLLEGE	7561

Reappropriations

Section 24.29. CLT CLARK STATE COMMUNITY COLLEGE

7575

Reappropriations

Section 24.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

7581

Reappropriations

Section 24.31. CCC CUYAHOGA COMMUNITY COLLEGE

7591

BASIC RENOVATIONS

7605

The amont reappropriated for the foregoing appropriation item	7606
CAP-031, Basic Renovations, is the sum of the unencumbered and	7607
unallotted balances as of June 30, 2002, in appropriation items	7608
CAP-031, Basic Renovations; CAP-028, Adult Technical Education	7609
Facility; CAP-049, Exterior Building Renovations - Metro/East;	7610
CAP-052, S & T Asbestos Abatement - Metro; CAP-054, Ceiling	7611
Renovation/Damper Replacement - West; CAP-059, Electric	7612
Switchgear/Transformer - Metro; CAP-065, Exterior Lighting/Site	7613
Improvement - Eastern; CAP-067, Plant Ops/Vehicle Maint/Storage -	7614
Phase I; and CAP-072, Exterior Lighting Enhancements.	7615

Reappropriations

Section 24.32. ESC EDISON STATE COMMUNITY COLLEGE

7616

Reappropriations

Section 24.33. JTC JEFFERSON COMMUNITY COLLEGE

7625

Reappropriations

Section 24.34. LCC LAKELAND COMMUNITY COLLEGE

7636

Reappropriations

Section 24.35. LOR LORAIN COMMUNITY COLLEGE

7645

Reappropriations

Section 24.36. NTC NORTHWEST STATE COMMUNITY COLLEGE

7649

Reappropriations

Section 24.37. OTC OWENS COMMUNITY COLLEGE

7657

Reappropriations

Section 24.38. RGC RIO GRANDE COMMUNITY COLLEGE

7664

Reappropriations

Section 24.39. SCC SINCLAIR COMMUNITY COLLEGE

7671

Reappropriations

Section 24.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

7679

Reappropriations

Section 24.41. TTC TERRA STATE COMMUNITY COLLEGE

7685

Reappropriations

Section 24.42. WTC WASHINGTON STATE COMMUNITY COLLEGE

7690

Reappropriations

Section 24.43. BTC BELMONT TECHNICAL COLLEGE

7697

Reappropriations

Section 24.44. COT CENTRAL OHIO TECHNICAL COLLEGE

7703

Reappropriations

Section 24.45. HTC HOCKING TECHNICAL COLLEGE

7707

Reappropriations

Section 24.46. LTC LIMA TECHNICAL COLLEGE

7715

Reappropriations

Section 24.47. MAT MUSKINGUM AREA TECHNICAL COLLEGE

7724

BASIC RENOVATIONS

7728

The amount reappropriated for the foregoing appropriation	7729
item CAP-007, Basic Renovations, is $4,780 plus the unencumbered	7730
and unallotted balance as of June 30, 2002, in appropriation item	7731
CAP-007, Basic Renovations.	7732

Reappropriations

Section 24.48. MTC MARION TECHNICAL COLLEGE

7733

Reappropriations

Section 24.49. NCC NORTH CENTRAL TECHNICAL COLLEGE

7737

FALLERIUS CENTER REHABILITATION

7745

The amount reappropriated for the foregoing appropriation	7746
item CAP-018, Fallerius Center Rehabilitation, is $95,000 plus the	7747
unencumbered and unallotted balance as of June 30, 2002, in	7748
appropriation item CAP-018, Fallerius Center Rehabilitation.	7749

Reappropriations

Section 24.50. STC STARK TECHNICAL COLLEGE

7750

Section 24.51. The foregoing capital improvements for which	7760
appropriations are made from the Higher Education Improvement Fund	7761
(Fund 034) are determined to be capital improvements and capital	7762
facilities for state-supported or state-assisted institutions of	7763
higher education and are designated as the capital facilities to	7764
which proceeds of obligations in the Higher Education Improvement	7765
Fund, created by section 154.21 of the Revised Code, are to be	7766
applied.	7767

Section 24.52. For all of the foregoing appropriation items	7768
from the Higher Education Improvement Fund (Fund 034) that require	7769
local funds to be contributed by any state-supported or	7770
state-assisted institution of higher education, the Board of	7771
Regents shall not recommend that any funds be released until the	7772
recipient institution demonstrates to the Board of Regents and the	7773
Office of Budget and Management that the local funds contribution	7774
requirement has been secured or satisfied. The local funds shall	7775
be in addition to the foregoing appropriations.	7776

Section 24.53. None of the foregoing capital improvements	7777
appropriations for state-supported or state-assisted institutions	7778
of higher education shall be expended until the particular	7779
appropriation has been recommended for release by the Board of	7780
Regents and released by the Director of Budget and Management or	7781
the Controlling Board. Either the institution concerned, or the	7782
Board of Regents with the concurrence of the institution	7783
concerned, may initiate the request to the Director of Budget and	7784
Management or the Controlling Board for the release of the	7785
particular appropriations.	7786

Section 24.54. (A) No capital improvement appropriations made	7787
in Sections 24.02 to 24.56 of this act shall be released for	7788
planning or for improvement, renovation, construction, or	7789
acquisition of capital facilities if the institution of higher	7790
education or the state does not own the real property on which the	7791
capital facilities are or will be located. This restriction does	7792
not apply in any of the following circumstances:	7793

(1) The institution has a long-term (at least fifteen years)	7794
lease of, or other interest (such as an easement) in, the real	7795
property.	7796

(2) The Board of Regents certifies to the Controlling Board	7797
that undue delay will occur if planning does not proceed while the	7798
property or property interest acquisition process continues. In	7799
this case, funds may be released upon approval of the Controlling	7800
Board to pay for planning through the development of schematic	7801
drawings only.	7802

(3) In the case of an appropriation for capital facilities	7803
that, because of their unique nature or location, will be owned or	7804
will be part of facilities owned by a separate nonprofit	7805
organization or public body and will be made available to the	7806
institution of higher education for its use, the nonprofit	7807
organization or public body either owns or has a long-term (at	7808
least fifteen years) lease of the real property or other capital	7809
facility to be improved, renovated, constructed, or acquired and	7810
has entered into a joint or cooperative use agreement, approved by	7811
the Board of Regents, with the institution of higher education	7812
that meets the requirements of division (C) of this section.	7813

(B) Any foregoing appropriations which require cooperation	7814
between a technical college and a branch campus of a university	7815
may be released by the Controlling Board upon recommendation by	7816
the Board of Regents that the facilities proposed by the	7817
institutions are:	7818

(1) The result of a joint planning effort by the university	7819
and the technical college, satisfactory to the Board of Regents;	7820

(2) Facilities that will meet the needs of the region in	7821
terms of technical and general education, taking into	7822
consideration the totality of facilities which will be available	7823
after the completion of these projects;	7824

(3) Planned to permit maximum joint use by the university and	7825
technical college of the totality of facilities which will be	7826
available upon their completion;	7827

(4) To be located on or adjacent to the branch campus of the	7828
university.	7829

(C) The Board of Regents shall adopt rules regarding the	7830
release of moneys from all the foregoing appropriations for	7831
capital facilities for all state-supported or state-assisted	7832
institutions of higher education. In the case of capital	7833
facilities referred to in division (A)(3) of this section, the	7834
joint or cooperative use agreements shall include, as a minimum,	7835
provisions that:	7836

(1) Specify the extent and nature of that joint or	7837
cooperative use, extending for not fewer than fifteen years, with	7838
the value of such use or right to use to be, as determined by the	7839
parties and approved by the Board of Regents, reasonably related	7840
to the amount of the appropriations;	7841

(2) Provide for pro rata reimbursement to the state should	7842
the arrangement for joint or cooperative use be terminated;	7843

(3) Provide that procedures to be followed during the capital	7844
improvement process will comply with appropriate applicable state	7845
laws and rules, including provisions of this act;	7846

(4) Provide for payment or reimbursement to the institution	7847
of its administrative costs incurred as a result of the facilities	7848
project, not to exceed 1.5 per cent of the appropriated amount.	7849

(D) Upon the recommendation of the Board of Regents, the	7850
Controlling Board may approve the transfer of appropriations for	7851
projects requiring cooperation between institutions from one	7852
institution to another institution, with the approval of both	7853
institutions.	7854

(E) Notwithstanding section 127.14 of the Revised Code, the	7855
Controlling Board, upon the recommendation of the Board of	7856
Regents, may transfer amounts appropriated to the Board of Regents	7857
to accounts of state-supported or state-assisted institutions	7858
created for that same purpose.	7859

Section 24.55. The requirements of Chapters 123. and 153. of	7860
the Revised Code, with respect to the powers and duties of the	7861
Director of Administrative Services in the procedure for and award	7862
of contracts for capital improvement projects, and the	7863
requirements of section 127.16 of the Revised Code, with respect	7864
to the Controlling Board, do not apply to projects of community	7865
college districts and technical college districts.	7866

Section 24.56. Those institutions locally administering	7867
capital improvement projects pursuant to section 3345.50 of the	7868
Revised Code may:	7869

(A) Establish charges for recovering costs directly related	7870
to project administration as defined by the Director of	7871
Administrative Services. The Department of Administrative	7872
Services shall review and approve these administrative charges	7873
when such charges are in excess of 1.5 per cent of the total	7874
construction budget.	7875

(B) Seek reimbursement from state capital appropriations to	7876
the institution for the in-house design services performed by the	7877
institution for such capital projects. Acceptable charges shall	7878
be limited to design document preparation work that is done by the	7879
institution. These reimbursable design costs shall be shown as	7880
"A/E fees" within the project's budget that is submitted to the	7881
Controlling Board or the Director of Budget and Management as part	7882
of a request for release of funds. The reimbursement for in-house	7883
design may not exceed seven per cent of the estimated construction	7884
cost.	7885

Section 25.  All items set forth in this section are hereby	7886
appropriated out of any moneys in the state treasury to the credit	7887
of the Parks and Recreation Improvement Fund (Fund 035) and	7888
derived from the proceeds of obligations heretofore authorized to	7889
pay costs of capital facilities, as defined in section 154.01 of	7890
the Revised Code, for parks and recreation.	7891

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7892

LOCAL PARKS PROJECTS

7931

The following projects shall be funded from the foregoing	7932
reappropriation item CAP-748, Local Parks Projects: $500,000 for	7933
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	7934
Park Improvements; $12,500 for Big Prairie/Lakeville Park	7935
Improvements; $25,000 for Holmes County Park Improvements; $25,000	7936
for Stockport Village Park Improvements; $50,000 for Silver Park	7937
Improvements, $6,500 for Crossroads Park Improvements; $38,000 for	7938
Wauseon Park Land Acquisition; $150,000 for Black Swamp Land	7939
Acquisition; $75,000 for the Walbridge Parks Improvements; and	7940
$100,000 by the West Creek Preservation Committee for a West Creek	7941
Watershed Project.	7942

SCIOTO RIVERFRONT IMPROVEMENTS

7943

Of the foregoing reappropriation item CAP-787, Scioto	7944
Riverfront Improvements, $7,750,000 shall be used for Spring and	7945
Long Park.	7946

STATEWIDE TRAILS PROGRAM

7947

Of the foregoing reappropriation item CAP-876, Statewide	7948
Trails Program, $50,000 shall be used for the Lake to River	7949
Greenway Bike Path in Trumbull County.	7950

FEDERAL REIMBURSEMENT

7951

All reimbursements received from the federal government for	7952
any expenditures made pursuant to this section shall be deposited	7953
in the state treasury to the credit of the Parks and Recreation	7954
Improvement Fund.	7955

Section 25.01. The foregoing capital improvements for which	7956
appropriations are made from the Parks and Recreation Improvement	7957
Fund (Fund 035) are determined to be capital improvements and	7958
capital facilities for parks and recreation and are designated as	7959
the capital facilities to which proceeds of obligations in the	7960
Parks and Recreation Improvement Fund, created by section 154.22	7961
of the Revised Code, are to be applied.	7962

Section 25.02. (A) No capital improvement appropriations made	7963
in Section 25 of this act shall be released for planning or for	7964
improvement, renovation, construction, or acquisition of capital	7965
facilities if a governmental agency, as defined in section 154.01	7966
of the Revised Code, does not own the real property that	7967
constitutes the capital facilities or on which the capital	7968
facilities are or will be located. This restriction does not apply	7969
in any of the following circumstances:	7970

(1) The governmental agency has a long-term (at least fifteen	7971
years) lease of, or other interest (such as an easement) in, the	7972
real property.	7973

(2) In the case of an appropriation for capital facilities	7974
for parks and recreation that, because of their unique nature or	7975
location, will be owned or be part of facilities owned by a	7976
separate nonprofit organization and made available to the	7977
governmental agency for its use or operated by the nonprofit	7978
organization under contract with the governmental agency, the	7979
nonprofit organization either owns or has a long-term (at least	7980
fifteen years) lease of the real property or other capital	7981
facility to be improved, renovated, constructed, or acquired and	7982
has entered into a joint or cooperative use agreement, approved by	7983
the Department of Natural Resources, with the governmental agency	7984
for that agency's use of and right to use the capital facilities	7985
to be financed and, if applicable, improved, the value of such use	7986
or right to use being, as determined by the parties, reasonably	7987
related to the amount of the appropriation.	7988

(B) In the case of capital facilities referred to in division	7989
(A)(2) of this section, the joint or cooperative use agreement	7990
shall include, as a minimum, provisions that:	7991

(1) Specify the extent and nature of that joint or	7992
cooperative use, extending for not fewer than fifteen years, with	7993
the value of such use or right to use to be, as determined by the	7994
parties and approved by the applicable department, reasonably	7995
related to the amount of the appropriation;	7996

(2) Provide for pro rata reimbursement to the state should	7997
the arrangement for joint or cooperative use by a governmental	7998
agency be terminated; and	7999

(3) Provide that procedures to be followed during the capital	8000
improvement process will comply with appropriate applicable state	8001
laws and rules, including provisions of this act.	8002

Section 26. All items set forth in this section are hereby	8003
appropriated out of any moneys in the state treasury to the credit	8004
of the State Capital Improvements Fund (Fund 038) and derived from	8005
the proceeds of obligations heretofore authorized to pay costs of	8006
capital facilities, as defined in sections 151.01 and 151.08 of	8007
the Revised Code, for local infrastructure purposes.	8008

Reappropriations

PWC PUBLIC WORKS COMMISSION

8009

Ohio Small Government Capital Improvement Commission

8010

The appropriations in this section shall be used in	8036
accordance with sections 164.01 to 164.12 of the Revised Code. All	8037
expenditures made from these appropriations shall be approved by	8038
the Director of the Public Works Commission. The Director of the	8039
Public Works Commission shall not allocate funds in amounts	8040
greater than those amounts appropriated by the General Assembly.	8041

Section 27.  All items set forth in this section are hereby	8042
appropriated out of any moneys in the state treasury to the credit	8043
of the State Capital Improvements Revolving Loan Fund (Fund 040)	8044
and derived from repayments of loans made to local subdivisions	8045
for capital improvements, investment earnings on moneys in the	8046
fund, and moneys obtained from federal or private grants or from	8047
other sources for the purpose of making loans for the purpose of	8048
financing or assisting in the financing of the cost of capital	8049
improvement projects of local subdivisions.	8050

Reappropriations

PWC PUBLIC WORKS COMMISSION

8051

The appropriations in this section shall be used in	8077
accordance with sections 164.01 to 164.12 of the Revised Code. All	8078
expenditures made from these appropriations shall be approved by	8079
the Director of the Public Works Commission. The Director of the	8080
Public Works Commission shall not allocate funds in amounts	8081
greater than those amounts appropriated by the General Assembly.	8082

Section 28.  All items set forth in this section are hereby	8083
appropriated out of any moneys in the state treasury to the credit	8084
of the Clean Ohio Conservation Fund (Fund 056) and derived from	8085
the proceeds of obligations heretofore authorized to pay the costs	8086
of capital facilities or projects, as defined in sections 151.01	8087
and 151.09 of the Revised Code, for conservation purposes:	8088

Reappropriations

PWC PUBLIC WORKS COMMISSION

8089

Section 29. All items set forth in this section are hereby	8094
appropriated out of any moneys in the state treasury to the credit	8095
of the Clean Ohio Agricultural Easement Fund (Fund 057) and	8096
derived from the proceeds of obligations heretofore authorized to	8097
pay the costs of capital facilities or projects, as defined in	8098
sections 151.01 and 151.09 of the Revised Code, for conservation	8099
purposes:	8100

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

8101

AGRICULTURAL EASEMENT PURCHASE

8105

The foregoing appropriation item CAP-047, Clean Ohio	8106
Agricultural Easement Fund, shall be used in accordance with	8107
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	8108
Code.	8109

Section 30. All items set forth in this section are hereby	8110
appropriated out of any moneys in the state treasury to the credit	8111
of the Clean Ohio Trail Fund (Fund 061) and derived from the	8112
proceeds of obligations heretofore authorized to pay the costs of	8113
capital facilities or projects, as defined in sections 151.01 and	8114
151.09 of the Revised Code, for conservation purposes:	8115

DNR DEPARTMENT OF NATURAL RESOURCES	8116

Reappropriations

Section 31. All items set forth in this section are hereby	8121
appropriated out of any moneys in the state treasury to the credit	8122
of the Administrative Building Fund (Fund 026) and derived from	8123
the proceeds of obligations heretofore authorized to pay the costs	8124
of capital facilities, as defined in section 152.09 of the Revised	8125
Code, for the following capital improvements:	8126

Appropriations

OVH VETERANS' HOME	8127

Section 32. All items set forth in this section are hereby	8131
appropriated out of any moneys in the state treasury to the credit	8132
of the State Capital Improvements Fund (Fund 038) and derived from	8133
the proceeds of obligations heretofore and herein authorized to	8134
pay costs of capital facilities as defined in sections 151.01 and	8135
151.08 of the Revised Code for local infrastructure purposes.	8136

Appropriations

PWC PUBLIC WORKS COMMISSION

8137

The foregoing appropriation item CAP-150, Local Public	8141
Infrastructure, shall be used in accordance with sections 164.01	8142
to 164.12 of the Revised Code. The Director of the Public Works	8143
Commission may certify to the Director of Budget and Management	8144
that a need exists to appropriate investment earnings to be used	8145
in accordance with sections 164.01 to 164.12 of the Revised Code.	8146
If the Director of Budget and Management determines pursuant to	8147
division (D) of section 164.08 and section 164.12 of the Revised	8148
Code that investment earnings are available to support additional	8149
appropriations, such amounts are hereby appropriated.	8150

Section 33.  The Treasurer of State is hereby authorized	8151
pursuant to section 164.09 of the Revised Code to issue and sell,	8152
in accordance with Section 2m of Article VIII, Ohio Constitution,	8153
and sections 164.01 to 164.12 of the Revised Code, original	8154
obligations of the State of Ohio, in an aggregate principal amount	8155
not to exceed $240,000,000, in addition to the original	8156
obligations heretofore authorized by prior acts of the General	8157
Assembly. These authorized obligations shall be issued and sold	8158
from time to time and in amounts necessary to ensure sufficient	8159
moneys to the credit of the State Capital Improvements Fund (Fund	8160
038) to pay costs charged to that fund, as estimated by the	8161
Director of Budget and Management.	8162

Section 34.  All items set forth in this section are hereby	8163
appropriated out of any moneys in the state treasury to the credit	8164
of the State Capital Improvements Revolving Loan Fund (Fund 040).	8165
Revenues to the State Capital Improvements Revolving Loan Fund	8166
shall consist of all repayments of loans made to local	8167
subdivisions for capital improvements, investment earnings on	8168
moneys in the fund, and moneys obtained from federal or private	8169
grants or from other sources for the purpose of making loans for	8170
the purpose of financing or assisting in the financing of the cost	8171
of capital improvement projects of local subdivisions.	8172

PWC PUBLIC WORKS COMMISSION

8173

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	8178
shall be used in accordance with sections 164.01 to 164.12 of the	8179
Revised Code.	8180

Section 35. CERTIFICATION OF AVAILABILITY OF MONEYS

8181

No moneys that require release shall be expended from any	8182
appropriation contained in this act without certification of the	8183
Director of Budget and Management that there are sufficient moneys	8184
in the state treasury in the fund from which the appropriation is	8185
made. Such certification made by the Office of Budget and	8186
Management shall be based on estimates of revenue, receipts, and	8187
expenses. Nothing herein shall be construed as a limitation on	8188
the authority of the Director of Budget and Management as granted	8189
in section 126.07 of the Revised Code.	8190

Section 36.  The appropriations made in this act, excluding	8191
those made to the State Capital Improvement Fund (Fund 038) and	8192
the State Capital Improvements Revolving Loan Fund (Fund 040) for	8193
buildings or structures, including remodeling and renovations, are	8194
limited to:	8195

(A) Acquisition of real property or interest in real	8196
property;	8197

(B) Buildings and structures, which includes construction,	8198
demolition, complete heating, lighting, and lighting fixtures, and	8199
all necessary utilities, ventilating, plumbing, sprinkling, and	8200
sewer systems, when such systems are authorized or necessary;	8201

(C) Architectural, engineering, and professional services	8202
expenses directly related to the projects;	8203

(D) Machinery that is a part of structures at the time of	8204
initial acquisition or construction;	8205

(E) Acquisition, development, and deployment of new computer	8206
systems, including the redevelopment or integration of existing	8207
and new computer systems, but excluding regular or ongoing	8208
maintenance or support agreements;	8209

(F) Equipment that meets all the following criteria:

8210

(1) The equipment is essential in bringing the facility up	8211
to its intended use.	8212

(2) The unit cost of the equipment, and not the individual	8213
parts of a unit, is about $100 or more.	8214

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

8215

(4) The equipment is necessary for the functioning of a	8216
particular facility.	8217

(5) The equipment will be used primarily in the rooms or	8218
areas covered in the project.	8219

No equipment shall be paid for from these appropriations that	8220
is not an integral part of or directly related to the basic	8221
purpose or function of a project for which moneys are	8222
appropriated.	8223

Section 37.  Any request for release of capital	8224
appropriations by the Director of Budget and Management or the	8225
Controlling Board of capital appropriations for projects, the	8226
contracts for which are awarded by the Department of	8227
Administrative Services, shall contain a contingency reserve, the	8228
amount of which shall be determined by the Department of	8229
Administrative Services, for payment of unanticipated project	8230
expenses. Any amount deducted from the encumbrance for a	8231
contractor's contract as an assessment for liquidated damages	8232
shall be added to the encumbrance for the contingency reserve.	8233
Contingency reserve funds shall be used to pay costs resulting	8234
from unanticipated job conditions, to comply with rulings	8235
regarding building and other codes, to pay costs related to errors	8236
or omissions in contract documents, to pay costs associated with	8237
changes in the scope of work, and to pay the cost of settlements	8238
and judgments related to the project.	8239

Upon completion of a project, should any funds remain, such	8240
remaining funds may, upon approval of the Controlling Board, be	8241
released for the use of the institution to which the appropriation	8242
was made for another capital facilities project or projects.	8243

Section 38. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	8244
PROJECTS	8245

Notwithstanding sections 123.01 and 123.15 of the Revised	8246
Code, the Director of Administrative Services may authorize the	8247
Departments of Mental Health, Mental Retardation and Developmental	8248
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	8249
Jobs and Family Services, Rehabilitation and Correction, Youth	8250
Services, Public Safety, and Transportation, the Ohio Veterans'	8251
Home, and the Rehabilitation Services Commission to administer any	8252
capital facilities projects when the estimated cost, including	8253
design fees, construction, equipment, and contingency amounts, is	8254
less than $1,500,000. Requests for authorization to administer	8255
capital facilities projects shall be made in writing to the	8256
Director of Administrative Services by the respective state agency	8257
within sixty days after the effective date of the act in which the	8258
General Assembly initially makes an appropriation for the project.	8259

The director of a state agency authorized by the Director of	8260
Administrative Services to administer capital facilities projects	8261
pursuant to this section shall comply with the procedures and	8262
guidelines established in Chapter 153. of the Revised Code. Upon	8263
the release of funds for such projects by the Controlling Board or	8264
the Director of Budget and Management, the agency may administer	8265
the capital project without the supervision, control, or approval	8266
of the Director of Administrative Services.	8267

Section 39. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	8268
THE STATE	8269

Except as otherwise provided in this section, an	8270
appropriation contained in this act or any other act may be used	8271
for the purpose of satisfying judgments, settlements, or	8272
administrative awards ordered or approved by the Court of Claims	8273
or by any other court of competent jurisdiction in connection with	8274
civil actions against the state. This authorization shall not	8275
apply to appropriations to be applied to or used for payment of	8276
guarantees by or on behalf of the state or for payments under	8277
lease agreements relating to or debt service on bonds, notes, or	8278
other obligations of the state. Notwithstanding any other section	8279
of law to the contrary, this authorization includes appropriations	8280
from funds into which proceeds or direct obligations of the state	8281
are deposited only to the extent that the judgment, settlement, or	8282
administrative award is for or represents capital costs for which	8283
the appropriation may otherwise be used and is consistent with the	8284
purpose for which any related bonds were issued. Nothing contained	8285
in this section is intended to subject the state to suit in any	8286
forum in which it is not otherwise subject to suit, or is it	8287
intended to waive or compromise any defense or right available to	8288
the state in any suit against it.	8289

Section 40. Notwithstanding section 126.14 of the Revised	8290
Code, appropriations for appropriation items CAP-002, Local Jails,	8291
and CAP-003, Community-Based Correctional Facilities, appropriated	8292
from the Adult Correctional Building Fund (Fund 027) to the	8293
Department of Rehabilitation and Correction shall be released upon	8294
the written approval of the Director of Budget and Management. The	8295
appropriations from the Public School Building Fund (Fund 021),	8296
the Education Facilities Trust Fund (Fund N87), and the School	8297
Building Program Assistance Fund (Fund 032) to the School	8298
Facilities Commission, from the Transportation Building Fund	8299
(Fund 029) to the Department of Transportation, from the Clean	8300
Ohio Conservation Fund (Fund 056) to the Public Works Commission,	8301
and appropriations from the State Capital Improvement Fund (Fund	8302
038) and the State Capital Improvements Revolving Loan Fund (Fund	8303
040) to the Public Works Commission shall be released upon	8304
presentation of a request to release the funds, by the agency to	8305
which the appropriation has been made, to the Director of Budget	8306
and Management.	8307

Section 41.  Except as provided in section 4115.04 of the	8308
Revised Code, no moneys appropriated or reappropriated by the	8309
124th General Assembly shall be used for the construction of	8310
public improvements, as defined in section 4115.03 of the Revised	8311
Code, unless the mechanics, laborers, or workers engaged therein	8312
are paid the prevailing rate of wages as prescribed in section	8313
4115.04 of the Revised Code. Nothing in this section shall affect	8314
the wages and salaries established for state employees under the	8315
provisions of Chapter 124. of the Revised Code, or collective	8316
bargaining agreements entered into by the state pursuant to	8317
Chapter 4117. of the Revised Code, while engaged on force account	8318
work, nor shall this section interfere with the use of inmate and	8319
patient labor by the state.	8320

Section 42. CAPITAL FACILITIES LEASES

8321

Capital facilities for which appropriations are made from the	8322
Administrative Building Fund (Fund 026), the Adult Correctional	8323
Building Fund (Fund 027), the Juvenile Correctional Building Fund	8324
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	8325
be leased by the Ohio Building Authority to the Department of	8326
Youth Services, the Arts and Sports Facilities Commission, the	8327
Department of Administrative Services, and the Department of	8328
Rehabilitation and Correction, and other agreements may be made by	8329
the Ohio Building Authority and the departments with respect to	8330
the use or purchase of such capital facilities, or subject to the	8331
approval of the director of the department or the commission, the	8332
Ohio Building Authority may lease such capital facilities to, and	8333
make other agreements with respect to the use or purchase thereof	8334
with, any governmental agency or nonprofit corporation having	8335
authority under law to own, lease, or operate such capital	8336
facilities. The director of the department or the commission may	8337
sublease such capital facilities to, and make other agreements	8338
with respect to the use or purchase thereof with, any such	8339
governmental agency or nonprofit corporation, which may include	8340
provisions for transmittal of receipts of that agency or nonprofit	8341
corporation of any charges for the use of such facilities, all	8342
upon such terms and conditions as the parties may agree upon and	8343
any other provision of law affecting the leasing, acquisition, or	8344
disposition of capital facilities by such parties.	8345

Section 43.  The Director of Budget and Management shall	8346
authorize both of the following:	8347

(A) The initial release of moneys for projects from the	8348
funds into which proceeds of direct obligations of the state are	8349
deposited.	8350

(B) The expenditure or encumbrance of moneys from funds into	8351
which proceeds of direct obligations are deposited, only after	8352
determining to the director's satisfaction that either of the	8353
following apply:	8354

(1) The application of such moneys to the particular project	8355
will not negatively affect any exemption or exclusion from federal	8356
income tax of the interest or interest equivalent on obligations,	8357
issued to provide moneys to the particular fund.	8358

(2) Moneys for the project will come from the proceeds of	8359
obligations, the interest on which is not so excluded or exempt	8360
and which have been authorized as "taxable obligations" by the	8361
issuing authority.	8362

The director shall report any nonrelease of moneys pursuant	8363
to this section to the Governor, the presiding officer of each	8364
house of the General Assembly, and the agency for the use of which	8365
the project is intended.	8366

Section 44. SCHOOL FACILITIES ENCUMBRANCES AND	8367
REAPPROPRIATION	8368

At the request of the Executive Director of the Ohio School	8369
Facilities Commission, the Director of Budget and Management may	8370
cancel encumbrances for school district projects from a previous	8371
biennium if the district has not raised its local share of project	8372
costs within one year of receiving Controlling Board approval in	8373
accordance with section 3318.05 of the Revised Code. The Executive	8374
Director of the Ohio School Facilities Commission shall certify	8375
the amounts of these canceled encumbrances to the Director of	8376
Budget and Management on a quarterly basis. The amounts of the	8377
canceled encumbrances are hereby appropriated.	8378

Section 45. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	8379
OF CAPITAL APPROPRIATIONS	8380

(A) An unexpended balance of a capital appropriation or	8381
reappropriation that a state agency has lawfully encumbered prior	8382
to the close of a capital biennium is hereby reappropriated for	8383
the following capital biennium from the fund from which it was	8384
originally appropriated or was reappropriated and shall be used	8385
only for the purpose of discharging the encumbrance in the	8386
following capital biennium. For those encumbered appropriations or	8387
reappropriations, any Controlling Board approval previously	8388
granted and referenced by the encumbering document remains in	8389
effect until the encumbrance is discharged in the following	8390
capital biennium or until the encumbrance expires at the end of	8391
the following capital biennium.	8392

(B) At the end of the reappropriation period provided for by	8393
division (A) of this section, an unexpended balance of a capital	8394
appropriation or reappropriation that remains encumbered at the	8395
end of that period is hereby reappropriated for the next capital	8396
biennium from the fund from which it was originally appropriated	8397
or was reappropriated and shall be used only for the purpose of	8398
discharging the encumbrance in the next capital biennium. For	8399
those encumbered appropriations or reappropriations, any	8400
Controlling Board approval previously granted and referenced by	8401
the encumbering document remains in effect until the encumbrance	8402
is discharged in the next capital biennium or until the	8403
encumbrance expires at the end of the next capital biennium.	8404

(C) At the end of the reappropriation period provided for by	8405
division (B) of this section, a reappropriation made pursuant to	8406
division (B) of this section shall lapse, and the encumbrance	8407
shall expire.	8408

(D) If an encumbrance expired pursuant to division (C) of	8409
this section, the Director of Budget and Management may	8410
re-establish the encumbrance as provided in this division. If a	8411
reappropriation for a project is made by the General Assembly for	8412
the biennium immediately following the biennium in which an	8413
encumbrance for that project expired, the Director of Budget and	8414
Management may re-establish the encumbrance in an amount not to	8415
exceed the amount of the expired encumbrance, in the name of the	8416
contractor named in the expired encumbrance, and for the same	8417
purpose specified in the expired encumbrance. The encumbrance	8418
shall be charged against the reappropriation for the project. The	8419
amount re-encumbered shall be used only for the purpose of	8420
discharging the encumbrance in the capital biennium for which the	8421
reappropriation was made. For those re-encumbered	8422
reappropriations, any Controlling Board approval previously	8423
granted and referenced by the expired encumbering document remains	8424
in effect until the encumbrance is discharged or expires at the	8425
end of the capital biennium for which the reappropriation was	8426
made. If any portion of the amount re-encumbered by the Director	8427
of Budget and Management under this division is not expended prior	8428
to the close of the capital biennium for which the reappropriation	8429
was made, that amount is hereby reappropriated for the following	8430
capital biennium as provided for in division (A) of this section	8431
and subject to the provisions of division (A) of this section.	8432

Section 46.  Capital reappropriations in this act that have	8433
been released by the Controlling Board or the Director of Budget	8434
and Management between June 30, 2000, and July 1, 2002, do not	8435
require further approval or release prior to being encumbered.	8436
Funds reappropriated in excess of such prior releases shall be	8437
released in accordance with applicable provisions of this act.	8438

Section 47.  Unless otherwise specified, the reappropriations	8439
made in this act represent the unencumbered and unallotted	8440
balances of prior years' capital improvements appropriations	8441
estimated to be available on June 30, 2002. The actual balances	8442
on June 30, 2002, for the appropriation items in this act are	8443
hereby reappropriated. Additionally, there is hereby	8444
reappropriated the unencumbered and unallotted balances on June	8445
30, 2002, of any appropriation items either reappropriated in	8446
Sub. S.B. 245 of the 123rd General Assembly or appropriated in	8447
Sub. H.B. 640 of the 123rd General Assembly, or created by the	8448
Controlling Board pursuant to section 127.15 of the Revised Code	8449
from appropriation items in Sub. S.B. 245 and Am. Sub. H.B. 640,	8450
both of the 123rd General Assembly, and this act, if the Director	8451
of Budget and Management determines that such balances are needed	8452
to complete the projects for which they were reappropriated or	8453
appropriated. The appropriation items and amounts that are	8454
reappropriated by this act shall be reported to the Controlling	8455
Board within 30 days after the effective date of this section.	8456

Section 48.  No appropriation for a health care facility	8457
authorized under this act may be released until the requirements	8458
of sections 3702.51 to 3702.68 of the Revised Code have been met.	8459

Section 49.  All proceeds received by the state as a result	8460
of litigation, judgments, settlements, or claims, filed by or on	8461
behalf of any state agency as defined by section 1.60 of the	8462
Revised Code or state-supported or state-assisted institution of	8463
higher education, for damages or costs resulting from the use,	8464
removal, or hazard abatement of asbestos materials shall be	8465
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	8466
All funds deposited into the Asbestos Abatement Distribution Fund	8467
are hereby appropriated to the Attorney General. To the extent	8468
practicable, the proceeds placed in the Asbestos Abatement	8469
Distribution Fund shall be divided among the state agencies and	8470
state-supported or state-assisted institutions of higher education	8471
in accordance with the general provisions of the litigation	8472
regarding the percentage of recovery. Distribution of the	8473
proceeds to each state agency or state-supported or state-assisted	8474
institution of higher education shall be made in accordance with	8475
the Asbestos Abatement Distribution Plan to be developed by the	8476
Attorney General, the Division of Public Works within the	8477
Department of Administrative Services, and the Office of Budget	8478
and Management.	8479

In those circumstances where asbestos litigation proceeds are	8480
for reimbursement of expenditures made with funds outside the	8481
state treasury or damages to buildings not constructed with state	8482
appropriations, direct payments shall be made to the affected	8483
institutions of higher education. Any proceeds received for	8484
reimbursement of expenditures made with funds within the state	8485
treasury or damages to buildings occupied by state agencies shall	8486
be distributed to the affected agencies with an intrastate	8487
transfer voucher to the funds identified in the Asbestos Abatement	8488
Distribution Plan.	8489

Such proceeds shall be used for additional asbestos abatement	8490
or encapsulation projects, or for other capital improvements,	8491
except that proceeds distributed to the General Revenue Fund and	8492
other funds that are not bond improvement funds may be used for	8493
any purpose. The Controlling Board may, for bond improvement	8494
funds, create appropriation items or increase appropriation	8495
authority in existing appropriation items equaling the amount of	8496
such proceeds. Such amounts approved by the Controlling Board are	8497
hereby appropriated. Such proceeds deposited in bond improvement	8498
funds shall not be expended until released by the Controlling	8499
Board, which shall require certification by the Director of Budget	8500
and Management that such proceeds are sufficient and available to	8501
fund the additional anticipated expenditures.	8502

Section 50.  The capital improvements for which	8503
appropriations are made in this act from Sports Facilities	8504
Building Fund, (Fund 024), the Highway Safety Building Fund (Fund	8505
025), the Administrative Building Fund (Fund 026), the Adult	8506
Correctional Building Fund (Fund 027), the Juvenile Correctional	8507
Building Fund (Fund 028), the Transportation Building Fund (Fund	8508
029), and the Arts Facilities Building Fund (Fund 030) are	8509
determined to be capital improvements and capital facilities for	8510
housing state agencies and branches of state government and are	8511
designated as capital facilities to which proceeds of obligations	8512
issued under Chapter 152. of the Revised Code are to be applied.	8513

Section 51.  Upon the request of the agency to which a	8514
capital project appropriation item is appropriated, the Director	8515
of Budget and Management may transfer open encumbrance amounts	8516
between separate encumbrances for the project appropriation item	8517
to the extent that any reductions in encumbrances are agreed to by	8518
the contracting vendor and the agency.	8519

Section 52.  Any proceeds received by the State of Ohio as	8520
the result of litigation or a settlement agreement related to any	8521
liability for the planning, design, engineering, construction, or	8522
constructed management of such facilities operated by the	8523
Department of Administrative Services shall be deposited into the	8524
Administrative Building Fund (Fund 026).	8525

Section 53.  The balance in the Vocational School Building	8526
Assistance Fund (Fund 020), and all receipts and interest accruing	8527
to the fund from any source during the period of this act, are	8528
hereby appropriated to the Department of Education. The	8529
appropriation shall be used pursuant to section 3317.21 of the	8530
Revised Code.	8531

Section 54. Sections 3 to 53 of this act shall remain in full	8532
force and effect commencing on July 1, 2002, and terminating on	8533
June 30, 2004, for the purpose of drawing money from the state	8534
treasury in payment of liabilities lawfully incurred hereunder,	8535
and on June 30, 2004, and not before, the moneys hereby	8536
appropriated shall lapse into the funds from which they are	8537
severally appropriated. If, under Ohio Constitution, Article II,	8538
Section 1c, Sections 3 to 53 of this act do not take effect until	8539
after July 1, 2002, Sections 3 to 53 of this act shall be and	8540
remain in full force and effect commencing on that later effective	8541
date.	8542

Section 55.  NOTARY COMMISSION TRANSFER

8543

Upon the effective date of this section or as soon thereafter	8544
as possible, the Director of Budget and Management shall transfer	8545
$150,000 in cash from Fund 412, the Notary Commission Fund, to	8546
Fund 414, the Citizen Education Fund.	8547

Section 56. Pursuant to the agreement made between the	8548
Department of Development and the Dayton-Montgomery County Port	8549
Authority, approved by the Controlling Board on June 19, 2000, the	8550
Director of Development shall permit the approved $5,000,000 from	8551
appropriation item 195-412, Business Development Grants, to be	8552
used to increase the debt capacity of the Dayton-Montgomery County	8553
Port Authority and to fund regional economic development	8554
priorities approved by the Dayton-Montgomery County Port Authority	8555
Board. This change in the agreement is not subject to Controlling	8556
Board approval.	8557

Section 57. EMERGENCY SCHOOL BUILDING REPAIR PROGRAM

8558

The Executive Director of the Ohio School Facilities	8559
Commission shall certify to the Director of Budget and Management	8560
the amount to be transferred from the unencumbered and unallotted	8561
balance in appropriation item CAP-783, Emergency School Building	8562
Assistance, to appropriation item CAP-622, Public School	8563
Buildings. The amount transferred from appropriation item CAP-783,	8564
Emergency School Building Assistance, to appropriation item	8565
CAP-622, Public School Buildings, shall be used to fund classroom	8566
facilities improvements in accordance with Chapter 3318. of the	8567
Revised Code.	8568

The Executive Director of the Ohio School Facilities	8569
Commission shall certify to the Director of Budget and Management	8570
the amount to be transferred from the unencumbered and unallotted	8571
balance in appropriation item CAP-776, Emergency School Building	8572
Repair Program, to appropriation item CAP-770, School Building	8573
Program Assistance. The amount transferred from appropriation item	8574
CAP-776, Emergency School Building Repair Program, to	8575
appropriation item CAP-770, School Building Program Assistance,	8576
shall be used to fund classroom facilities improvements in	8577
accordance with Chapter 3318. of the Revised Code.	8578

Section 58. (A) As used in this section, "design-build	8579
construction method" means a construction method that has both of	8580
the following characteristics:	8581

(1) An architecture firm and a contractor form a single	8582
entity that files a bid to construct a project and that, if	8583
awarded the contract to construct the project, agrees to a project	8584
price and completion date.	8585

(2) The entity described in division (A)(1) of this section	8586
assumes all of the financial risk if the project is delayed or	8587
exceeds the project price, and receives bonuses if the cost it	8588
incurs is less than the project price and it meets the	8589
construction target dates.	8590

(B) The Board of County Commissioners of Ashtabula County	8591
may construct, as a pilot project and by using the design-build	8592
construction method, a lodge and conference center at Geneva State	8593
Park on land leased from the Department of Natural Resources. In	8594
carrying out this pilot project, the Board and the Department are	8595
exempt from complying with any otherwise applicable provisions of	8596
Chapter 153. and sections 307.86 to 307.92 of the Revised Code.	8597

Section 59. A previously effective rule or version of a rule,	8598
not effective on the effective date of this section, that, while	8599
previously effective, incorporated a text by reference, is	8600
ratified insofar as the incorporation by reference might raise a	8601
question with regard to the rule's or version's validity as	8602
applied to facts occurring while the rule or version previously	8603
was effective.	8604

This section is a remedial law as that term is used in	8605
section 1.11 of the Revised Code.	8606

Section 60. Section 5709.081 of the Revised Code, as amended	8607
by this act, is remedial in nature and applies to the tax years at	8608
issue in any application for exemption from taxation pending	8609
before the Tax Commissioner, the Board of Tax Appeals, any Court	8610
of Appeals, or the Supreme Court on the effective date of this act	8611
and to the property that is the subject of any such application.	8612

Section 61. That Sections 4.03 and 5.04 of Sub. H.B. 73 of	8613
the 124th General Assembly be amended to read as follows:	8614

"       Sec. 4.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	8615
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, AVIATION,	8616
AND ADMINISTRATION	8617

The Director of Budget and Management may approve requests	8618
from the Department of Transportation for transfer of	8619
appropriations for highway planning and research (appropriation	8620
items 771-411 and 771-412), highway construction (appropriation	8621
items 772-421, 772-422, and 772-424), highway maintenance	8622
(appropriation item 773-431), aviation (appropriation item	8623
777-475), and highway administration (appropriation item 779-491).	8624
Transfers of appropriations may be made upon the written request	8625
of the Director of Transportation and with the approval of the	8626
Director of Budget and Management. Such transfers shall be	8627
reported to the Controlling Board at the next regularly scheduled	8628
meeting of the board.	8629

This transfer authority is intended to provide for emergency	8630
situations and flexibility to meet unforeseen conditions that	8631
could arise during the budget period. It also is intended to	8632
allow the department to optimize the use of available resources	8633
and adjust to circumstances affecting the obligation and	8634
expenditure of federal funds.	8635

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	8636
TRANSIT	8637

The Director of Budget and Management may approve requests	8638
from the Department of Transportation for the transfer of	8639
appropriations between appropriation items 772-422, Highway	8640
Construction - Federal, and 775-452, Public Transportation -	8641
Federal, based upon transit capital projects meeting Federal	8642
Highway Administration and Federal Transit Administration funding	8643
guidelines. Transfers between these appropriation items may be	8644
made upon the written request of the Director of Transportation	8645
and with the approval of the Director of Budget and Management.	8646
Such transfers shall be reported to the Controlling Board at its	8647
next regularly scheduled meeting.	8648

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

8649

The Director of Budget and Management may approve requests	8650
from the Department of Transportation for transfer of	8651
appropriations and cash of the Infrastructure Bank funds created	8652
in section 5531.09 of the Revised Code, including transfers	8653
between fiscal years 2002 and 2003. Such transfers shall be	8654
reported to the Controlling Board at its next regularly scheduled	8655
meeting. However, the director may not make transfers out of debt	8656
service and lease payment appropriation items unless the director	8657
determines that the appropriated amounts exceed the actual and	8658
projected debt, rental, or lease payments.	8659

The Director of Budget and Management may approve requests	8660
from the Department of Transportation for transfer of	8661
appropriations and cash from the Highway Operating Fund (Fund 002)	8662
to the Infrastructure Bank funds created in section 5531.09 of the	8663
Revised Code. The Director of Budget and Management may transfer	8664
from the Infrastructure Bank funds to the Highway Operating Fund	8665
up to the amounts originally transferred to the Infrastructure	8666
Bank funds under this section. Such transfers shall be reported	8667
to the Controlling Board at its next regularly scheduled meeting.	8668
However, theThe director may not make transfers between modes and	8669
transfers between different funding sources with the exception of	8670
transfers that may be needed to make required payments on state	8671
Infrastructure Bank obligations.	8672

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

8673

In the event that receipts or unexpended balances credited to	8674
the Highway Operating Fund exceed the estimates upon which the	8675
appropriations have been made in this actSub. H.B. 73 of the	8676
124th General Assembly, upon the request of the Director of	8677
Transportation, the Controlling Board may increase appropriation	8678
authority in the manner prescribed in section 131.35 of the	8679
Revised Code.	8680

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

8681

In the event that receipts or unexpended balances credited to	8682
the Highway Operating Fund or apportionments or allocations made	8683
available from the federal and local government exceed the	8684
estimates upon which the appropriations have been made in this act	8685
Sub. H.B. 73 of the 124th General Assembly, upon the request of	8686
the Director of Transportation, the Controlling Board may increase	8687
appropriation authority in the manner prescribed in section 131.35	8688
of the Revised Code.	8689

REAPPROPRIATIONS

8690

All appropriations of the Highway Operating Fund (Fund 002),	8691
the Highway Capital Improvement Fund (Fund 042), and the	8692
Infrastructure Bank funds created in section 5531.09 of the	8693
Revised Code remaining unencumbered on June 30, 2001, and the	8694
unexpended balance of prior years' appropriations that	8695
subsequently become unencumbered after June 30, 2001, subject to	8696
the availability of revenue as determined by the Director of	8697
Transportation, are hereby reappropriated for the same purpose in	8698
fiscal year 2002 upon the request of the Director of	8699
Transportation and with the approval of the Director of Budget and	8700
Management. Such reappropriations shall be reported to the	8701
Controlling Board.	8702

All appropriations of the Highway Operating Fund (Fund 002),	8703
the Highway Capital Improvement Fund (Fund 042), and the	8704
Infrastructure Bank funds created in section 5531.09 of the	8705
Revised Code remaining unencumbered as of June 30, 2002, and the	8706
unexpended balance of prior years' appropriations that	8707
subsequently become unencumbered after June 30, 2002, subject to	8708
the availability of revenue as determined by the Director of	8709
Transportation, are hereby reappropriated for use during fiscal	8710
year 2003 for the same purpose, upon the request of the Director	8711
of Transportation and with the approval of the Director of Budget	8712
and Management. The department shall report all such	8713
reappropriations to the Controlling Board.	8714

Sec. 5.04.  INVESTIGATIVE UNIT

8715

State Highway Safety Fund Group

8716

Liquor Control Fund Group

8721

State Special Revenue Fund Group

8725

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	8731
EQUIPMENT	8732

The Director of Public Safety, using intrastate transfer	8733
vouchers, shall make cash transfers to the State Highway Safety	8734
Fund (Fund 036) from other funds to reimburse the State Highway	8735
Safety Fund for its share of lease rental payments to the Ohio	8736
Building Authority that are associated with appropriation item	8737
CAP-076, Investigative Unit MARCS Equipment."	8738

Section 62. That existing Sections 4.03 and 5.04 of Sub. H.B.	8739
73 of the 124th General Assembly are hereby repealed.	8740

Section 63. That Sections 13, 13.01, 13.05, 13.12, and 69 of	8741
Am. Sub. H.B. 94 of the 124th General Assembly be amended to read	8742
as follows:	8743

"       Sec. 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

8744

General Revenue Fund

8745

General Services Fund Group

8769

Intragovernmental Service Fund Group

8794

Agency Fund Group

8799

Holding Account Redistribution Fund Group

8803

Sec. 13.01.  AGENCY AUDIT EXPENSES

8810

Of the foregoing appropriation item 100-405, Agency Audit	8811
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	8812
fiscal year 2003 shall be used to subsidize the operations of the	8813
Central Service Agency. The Department of Administrative Services	8814
shall transfer cash from appropriation item 100-405, Agency Audit	8815
Expenses, to the Central Service Agency Fund (Fund 115) using an	8816
intrastate transfer voucher.	8817

Of the foregoing appropriation item 100-405, Agency Audit	8818
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	8819
year 2003 shall be used for the Department of Administrative	8820
Services' GRF appropriation item-related auditing expenses. The	8821
remainder of the appropriation shall be used for auditing expenses	8822
designated in division (A)(1) of section 117.13 of the Revised	8823
Code for those state agencies audited on a biennial basis.	8824

VETERANS' RECORDS CONVERSION

8825

The unencumbered balance of appropriation item 100-410,	8826
Veterans' Records Conversion, at the end of fiscal year 2002 shall	8827
be transferred to fiscal year 2003 for use under the same	8828
appropriation item.	8829

Sec. 13.05.  CENTRAL SERVICE AGENCY FUND

8830

In order to complete the migration of the licensing	8831
applications of the professional licensing boards to a local area	8832
network, the Director of Budget and Management may, at the request	8833
of the Director of Administrative Services, cancel related	8834
encumbrances in the Central Service Agency Fund (Fund 115) and	8835
reestablish these encumbrances in fiscal year 2002 for the same	8836
purpose and to the same vendor. The Director of Budget and	8837
Management shall reduce the appropriation balance in fiscal year	8838
2001 by the amount of encumbrances canceled in Fund 115. As	8839
determined by the Director of Budget and Management, the amount	8840
necessary to reestablish such encumbrances or parts of	8841
encumbrances in fiscal year 2002 in the Central Service Agency	8842
Fund (Fund 115) is appropriated.	8843

The Director of Budget and Management may transfer up to	8844
$399,000$671,219 in fiscal year 2002 and up to $354,000$562,249	8845
in fiscal year 2003 from the Occupational Licensing and Regulatory	8846
Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The	8847
Director of Budget and Management may transfer up to $34,000	8848
$61,781 in fiscal year 2002 and up to $30,000$51,751 in fiscal	8849
year 2003 from the State Medical Board Operating Fund (Fund 5C6)	8850
to the Central Service Agency Fund (Fund 115). The Director of	8851
Budget and Management may transfer up to $18,000 in fiscal year	8852
2002 and up to $16,000 in fiscal year 2003 from the Pharmacy Board	8853
Operating Fund (Fund 5N2) to the Central Service Agency Fund (Fund	8854
115). The appropriation item 100-632, Central Service Agency,	8855
shall be used to purchase the necessary equipment, products, and	8856
services to install and maintain a local area networkweb-based	8857
application for the professional licensing boards, and to support	8858
their licensing applications. The amount of the cash transfer is	8859
appropriated to appropriation item 100-632, Central Service	8860
Agency.	8861

Sec. 13.12. INVESTMENT RECOVERY FUND

8862

Notwithstanding division (B) of section 125.14 of the Revised	8863
Code, cash balances in the Investment Recovery Fund may be used to	8864
support the operating expenses of the Federal Surplus Operating	8865
Program created in sections 125.84 to 125.90 of the Revised Code.	8866

Notwithstanding division (B) of section 125.14 of the Revised	8867
Code, cash balances in the Investment Recovery Fund may be used to	8868
support the operating expenses of the State Property Inventory and	8869
Fixed Assets Management System Program.	8870

Of the foregoing appropriation item 100-602, Investment	8871
Recovery, up to $2,045,302 in fiscal year 2002 and up to	8872
$1,959,192 in fiscal year 2003 shall be used to pay the operating	8873
expenses of the State Surplus Property Program, the Surplus	8874
Federal Property Program, and the State Property Inventory and	8875
Fixed Assets Management System Program pursuant to Chapter 125. of	8876
the Revised Code and this section. If additional appropriations	8877
are necessary for the operations of these programs, the Director	8878
of Administrative Services shall seek increased appropriations	8879
from the Controlling Board under section 131.35 of the Revised	8880
Code.	8881

Of the foregoing appropriation item 100-602, Investment	8882
Recovery, $2,045,302$2,159,433 in fiscal year 2002 and $1,959,192	8883
$2,219,992 in fiscal year 2003 shall be used to transfer proceeds	8884
from the sale of surplus property from the Investment Recovery	8885
Fund to non-General Revenue Funds pursuant to division (A)(2) of	8886
section 125.14 of the Revised Code. If it is determined by the	8887
Director of Administrative Services that additional appropriations	8888
are necessary for the transfer of such sale proceeds, the Director	8889
of Administrative Services may request the Director of Budget and	8890
Management to increase the amounts. Such amounts are	8891
appropriated.	8892

Notwithstanding division (B) of section 125.14 of the Revised	8893
Code, the Director of Budget and Management, at the request of the	8894
Director of Administrative Services, shall transfer up to	8895
$2,500,000 of the amounts held for transfer to the General Revenue	8896
Fund from the Investment Recovery Fund (Fund 427) to the General	8897
Services Fund (Fund 117) during the biennium beginning July 1,	8898
2001, and ending June 30, 2003. The cash transferred to the	8899
General Services Fund shall be used to pay the operating expenses	8900
of the Competitive Sealed Proposal Program.	8901

Sec. 69. LSC LEGISLATIVE SERVICE COMMISSION

8902

General Revenue Fund

8903

General Services Fund Group

8912

OPERATING EXPENSES

8918

On or before August 1, 2001, the Director of Budget and	8919
Management shall determine and certify to the Director of the	8920
Legislative Service Commission the total amount of unexpended,	8921
unobligated appropriations made to the Commission for fiscal year	8922
2001 in appropriation items 035-321 and 035-403. Additional	8923
appropriation authority equal to the amount certified by the	8924
Director of Budget and Management to the Director of the	8925
Legislative Service Commission, not to exceed $500,000, is hereby	8926
appropriated to appropriation item 035-321 Operating Expenses, for	8927
fiscal year 2002.	8928

ATMS REPLACEMENT PROJECT

8929

Of the foregoing appropriation item 035-406, ATMS Replacement	8930
Project, any amounts not used for the ATMS project may be used to	8931
pay the operating expenses of the Legislative Service Commission.	8932

LEGISLATIVE TASK FORCE ON REDISTRICTING

8933

On or before August 1, 2001, the Director of Budget and	8934
Management shall determine and certify to the Director of the	8935
Legislative Service Commission the total amount of unexpended,	8936
unobligated appropriations made to the Commission for fiscal year	8937
2001 in appropriation item 035-407, Legislative Task Force on	8938
Redistricting. Additional appropriation authority equal to theThe	8939
amount certified by the Director of Budget and Management to the	8940
Director of the Legislative Service Commission is hereby	8941
appropriated to appropriation item 035-407, Legislative Task Force	8942
on Redistricting, for fiscal year 2002.	8943

On or before August 1, 2002, the Director of Budget and	8944
Management shall determine and certify to the Director of the	8945
Legislative Service Commission the total amount of unexpended,	8946
unobligated appropriations made to the Commission for fiscal year	8947
2002 in appropriation item 035-407, Legislative Task Force on	8948
Redistricting. The amount certified by the Director of Budget and	8949
Management to the Director of the Legislative Service Commission	8950
is hereby appropriated to appropriation item 035-407, Legislative	8951
Task Force on Redistricting, for fiscal year 2003.	8952

NATIONAL ASSOCIATIONS

8953

Of the foregoing appropriation item 035-409, National	8954
Associations, $10,000 in each fiscal year shall be used for the	8955
State and Local Legal Center.	8956

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

8957

The foregoing appropriation item 035-404, Legislative Office	8958
of Education Oversight, shall be used to support the legislative	8959
oversight activities of the Legislative Committee on Education	8960
Oversight established in section 3301.68 of the Revised Code."	8961

Section 64. That existing Sections 13, 13.01, 13.05, 13.12,	8962
and 69 of Am. Sub. H.B. 94 of the 124th General Assembly are	8963
hereby repealed.	8964

Section 65. That Section 32 of Am. Sub. H.B. 94 of the 124th	8965
General Assembly, as amended by Sub. H.B. 386 of the 124th General	8966
Assembly, be amended to read as follows:	8967

"       Sec. 32.  COM DEPARTMENT OF COMMERCE

8968

General Revenue Fund

8969

General Services Fund Group

8973

Federal Special Revenue Fund Group

8978

State Special Revenue Fund Group

8984

Liquor Control Fund Group

9008

GRANTS-VOLUNTEER FIRE DEPARTMENTS

9016

The foregoing appropriation item 800-402, Grants-Volunteer	9017
Fire Departments, shall be used to make annual grants to volunteer	9018
fire departments of up to $10,000, or up to $25,000 if the	9019
volunteer fire department provides service for an area affected by	9020
a natural disaster. The grant program shall be administered by	9021
the Fire Marshal under the Department of Commerce. The Fire	9022
Marshal shall adopt rules necessary for the administration and	9023
operation of the grant program.	9024

Notwithstanding section 3737.17 of the Revised Code, upon the	9025
request of the Director of Commerce, the Director of Budget and	9026
Management shall transfer $200,000 cash in fiscal year 2002 and	9027
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	9028
(Fund 546) to the General Revenue Fund.	9029

Of the foregoing appropriation item 800-402, Grants-Volunteer	9030
Fire Departments, $200,000 in fiscal year 2002 shall be granted to	9031
the Monday Creek Fire Department.	9032

LABOR AND WORKER SAFETY

9033

The Department of Commerce may designate a portion of	9034
appropriation item 800-410, Labor and Worker Safety, to be used to	9035
match federal funding for the OSHA on-site consultation program.	9036

SMALL GOVERNMENT FIRE DEPARTMENTS

9037

Upon the request of the Director of Commerce, the Director of	9038
Budget and Management shall transfer $250,000 cash in each fiscal	9039
year from the State Fire Marshal Fund (Fund 546) within the State	9040
Special Revenue Fund Group to the Small Government Fire	9041
Departments Fund (Fund 5F1) within the General Services Fund	9042
Group.	9043

Notwithstanding section 3737.17 of the Revised Code, the	9044
foregoing appropriation item 800-635, Small Government Fire	9045
Departments, may be used to provide loans to private fire	9046
departments.	9047

PENALTY ENFORCEMENT

9048

The foregoing appropriation item 800-621, Penalty	9049
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	9050
of the Revised Code.	9051

On July 1, 2001, or as soon thereafter as possible, the	9052
Director of Budget and Management shall transfer the cash balance	9053
in the Penalty Enforcement Fund that was in the custody of the	9054
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	9055
created in the state treasury by section 4115.10 of the Revised	9056
Code. The fund shall be used for deposit of moneys received from	9057
penalties paid under section 4115.10 of the Revised Code.	9058

UNCLAIMED FUNDS PAYMENTS

9059

The foregoing appropriation item 800-625, Unclaimed	9060
Funds-Claims, shall be used to pay claims pursuant to section	9061
169.08 of the Revised Code. If it is determined that additional	9062
amounts are necessary, the amounts are appropriated.	9063

PREDATORY LENDING ENFORCEMENT

9064

Of the foregoing appropriation item 800-607, Consumer	9065
Finance, up to $125,000 in fiscal year 2002 and up to $250,000 in	9066
fiscal year 2003 shall be used for the enforcement of sections	9067
1349.25 to 1349.36 of the Revised Code.	9068

OFFICE OF CONSUMER AFFAIRS

9069

Of the foregoing appropriation item 800-607, Consumer	9070
Finance, up to $400,000 in fiscal year 2002 and up to $400,000 in	9071
fiscal year 2003 shall be used by the Department of Commerce for	9072
the operation of the Office of Consumer Affairs created in section	9073
1349.37 of the Revised Code, including outreach efforts to provide	9074
education regarding predatory lending, borrowing, and related	9075
financial topics through seminars, local government grants, public	9076
service announcements, and brochures. On or before August 1,	9077
2002, the Director of Budget and Management shall determine and	9078
certify to the Director of Commerce the total amount of	9079
unexpended, unobligated appropriations made to the Department for	9080
fiscal year 2002 for the purposes stated above. The amount so	9081
determined and certified by the Director of Budget and Management	9082
is hereby appropriated to appropriation item 800-607, Consumer	9083
Finance, in addition to any other amounts appropriated for fiscal	9084
year 2003, and is hereby earmarked for the purposes stated above.	9085

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

9086

The Director of Commerce may, upon concurrence by the	9087
Director of Budget and Management, submit to the Controlling Board	9088
for approval a request for increased appropriation authority for	9089
appropriation item 800-601, Merchandising.	9090

CASH BALANCE TRANSFER

9091

On July 1, 2001, or as soon thereafter as possible, the	9092
Director of Budget and Management shall transfer the cash balance	9093
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	9094
Fund (Fund 043) created in section 4301.12 of the Revised Code.	9095
Upon the completion of the transfer, the Salvage and Exchange	9096
Fund, which was created by the Controlling Board during the	9097
1973-1975 biennium, is abolished. The director shall cancel any	9098
existing encumbrances against appropriation item 800-634, Salvage	9099
and Exchange, and reestablish them against appropriation item	9100
800-627, Liquor Control Operating.	9101

DEVELOPMENT ASSISTANCE DEBT SERVICE

9102

The foregoing appropriation item 800-633, Development	9103
Assistance Debt Service, shall be used to meet all payments at the	9104
times they are required to be made during the period from July 1,	9105
2001, to June 30, 2003, for bond service charges on obligations	9106
issued under section 166.08 of the Revised Code, but limited to	9107
the aggregate amount of $32,275,900. If it is determined that	9108
additional appropriations are necessary for this purpose, such	9109
amounts are hereby appropriated, provided that the appropriation	9110
does not exceed $25,000,000 in any fiscal year, except as may be	9111
needed for payments on obligations issued to meet guarantees. The	9112
General Assembly acknowledges that an appropriation for this	9113
purpose is not required, but is made in this form and in this act	9114
Am. Sub. H.B. 94 of the 124th General Assembly for record purposes	9115
only.	9116

REVITALIZATION DEBT SERVICE

9117

The foregoing appropriation item 800-636, Revitalization Debt	9118
Service, shall be used to pay debt service and related financing	9119
costs during the period from July 1, 2001, to June 30, 2003, on	9120
obligations to be issued for revitalization purposes under Section	9121
2o of Article VIII, Ohio Constitution, and implementing	9122
legislation. If it is determined that additional appropriations	9123
are necessary for this purpose, such amounts are hereby	9124
appropriated. The General Assembly acknowledges: (A) the priority	9125
of the pledge of a portion of receipts from that source to	9126
obligations issued and to be issued and guarantees made and to be	9127
made under Chapter 166. of the Revised Code; and (B) that this	9128
appropriation is subject to further consideration pursuant to	9129
implementing legislationan appropriation for this purpose is not	9130
required, but is made in this form and in this act for record	9131
purposes only.	9132

ADMINISTRATIVE ASSESSMENTS

9133

Notwithstanding any other provision of law to the contrary,	9134
Fund 163, Administration, shall receive assessments from all	9135
operating funds of the department in accordance with procedures	9136
prescribed by the Director of Commerce and approved by the	9137
Director of Budget and Management."	9138

Section 66. That existing Section 32 of Am. Sub. H.B. 94 of	9139
the 124th General Assembly, as amended by Sub. H.B. 386 of the	9140
124th General Assembly, is hereby repealed.	9141

Section 67. That Section 45 of Am. Sub. H.B. 94 of the 124th	9142
General Assembly, as amended by Am. Sub. H.B. 405 of the 124th	9143
General Assembly, be amended to read as follows:	9144

"       Sec. 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	9145
COMMISSION	9146

General Revenue Fund

9147

General Services Fund Group

9157

STATEHOUSE NEWS BUREAU

9164

The foregoing appropriation item 374-401, Statehouse News	9165
Bureau, shall be used solely to support the operations of the Ohio	9166
Statehouse News Bureau.	9167

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

9168

The foregoing appropriation item 374-402, Ohio Government	9169
Telecommunications Studio, shall be used solely to support the	9170
operations of the Ohio Government Telecommunications Studio.	9171

OHIO SONET

9172

The foregoing appropriation item 374-403, Ohio SONET, shall	9173
be used by the Ohio Educational Telecommunications Network	9174
Commission to pay monthly operating expenses and maintenance of	9175
the television and radio transmission infrastructure.	9176

TELECOMMUNICATIONS OPERATING SUBSIDY

9177

The foregoing appropriation item 374-404, Telecommunications	9178
Operating Subsidy, shall be distributed by the Ohio Educational	9179
Telecommunications Network Commission to Ohio's qualified public	9180
educational television stations, radio reading services, and	9181
educational radio stations to support their operations. The funds	9182
shall be distributed pursuant to an allocation developed by the	9183
Ohio Educational Telecommunications Network Commission.	9184

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

9185

Beginning on January 1, 2002, General Service Fund 4T2,	9186
Government Television/Telecommunications Operating, currently	9187
under the direction of the Capital Square Review and Advisory	9188
Board, shall be transferred to the Ohio Educational	9189
Telecommunications Network Commission. The Director of Budget and	9190
Management shall transfer, by January 15, 2002, all remaining	9191
balances in General Services Fund 4T2, Government	9192
Television/Telecommunications Operating, in the Capital Square	9193
Review and Advisory Board to General Services Fund 4T2, Government	9194
Television/Telecommunications Operating, in the Ohio Educational	9195
Telecommunications Network Commission. General Services Fund 4T2,	9196
Government Television/Telecommunications Operating, is hereby	9197
created in the Ohio Educational Telecommunications Network	9198
Commission."	9199

Section 68. That existing Section 45 of Am. Sub. H.B. 94 of	9200
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	9201
124th General Assembly, is hereby repealed.	9202

Section 69. That Section 56.01 of Am. Sub. H.B. 94 of the	9203
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	9204
124th General Assembly, be amended to read as follows:	9205

"       Sec. 56.01. HEMOPHILIA SERVICES

9206

Of the foregoing appropriation item 440-406, Hemophilia	9207
Services, $205,000 in each fiscal year shall be used to implement	9208
the Hemophilia Insurance Pilot Project.	9209

Of the foregoing appropriation item 440-406, Hemophilia	9210
Services, up to $245,000 in each fiscal year shall be used by the	9211
Department of Health to provide grants to the nine hemophilia	9212
treatment centers to provide prevention services for persons with	9213
hemophilia and their family members affected by AIDS and other	9214
bloodborne pathogens.	9215

CANCER REGISTRY SYSTEM

9216

Of the foregoing appropriation item 440-412, Cancer Incidence	9217
Surveillance System, $50,000 in each fiscal year shall be provided	9218
to the Northern Ohio Cancer Resource Center.	9219

The remaining moneys in appropriation item 440-412, Cancer	9220
Incidence Surveillance System, shall be used to maintain and	9221
operate the Ohio Cancer Incidence Surveillance System pursuant to	9222
sections 3701.261 to 3701.263 of the Revised Code.	9223

No later than March 1, 2002, the Ohio Cancer Incidence	9224
Surveillance Advisory Board shall report to the General Assembly	9225
on the effectiveness of the cancer incidence surveillance system	9226
and the partnership between the Department of Health and the	9227
Arthur G. James Cancer Hospital and Richard J. Solove Research	9228
Institute of The Ohio State University.	9229

CHILD AND FAMILY HEALTH SERVICES

9230

Of the foregoing appropriation item 440-416, Child and Family	9231
Health Services, $1,700,000 in each fiscal year shall be used for	9232
family planning services. None of the funds received through	9233
these family planning grants shall be used to provide abortion	9234
services. None of the funds received through these family	9235
planning grants shall be used for counseling for or referrals for	9236
abortion, except in the case of a medical emergency. These funds	9237
shall be distributed on the basis of the relative need in the	9238
community served by the Director of Health to family planning	9239
programs, which shall include family planning programs funded	9240
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	9241
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	9242
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	9243
as well as to other family planning programs that the Department	9244
of Health also determines will provide services that are	9245
physically and financially separate from abortion-providing and	9246
abortion-promoting activities, and that do not include counseling	9247
for or referrals for abortion, other than in the case of medical	9248
emergency, with state moneys, but that otherwise substantially	9249
comply with the quality standards for such programs under Title V	9250
and Title X.	9251

The Director of Health, by rule, shall provide reasonable	9252
methods by which a grantee wishing to be eligible for federal	9253
funding may comply with these requirements for state funding	9254
without losing its eligibility for federal funding, while ensuring	9255
that a family planning program receiving a family planning grant	9256
must be organized so that it is physically and financially	9257
separate from the provision of abortion services and from	9258
activities promoting abortion as a method of family planning.	9259

Of the foregoing appropriation item 440-416, Child and Family	9260
Health Services, $150,000 in each fiscal year shall be used to	9261
provide malpractice insurance for physicians and other health	9262
professionals providing prenatal services in programs funded by	9263
the Department of Health.	9264

Of the foregoing appropriation item 440-416, Child and Family	9265
Health Services, $279,000 shall be used in each fiscal year for	9266
the OPTIONS dental care access program.	9267

Of the foregoing appropriation item 440-416, Child and Family	9268
Health Services, $600,000 in each fiscal year shall be used by	9269
local child and family health services clinics to provide services	9270
to uninsured low-income persons.	9271

Of the foregoing appropriation item 440-416, Child and Family	9272
Health Services, $900,000 in each fiscal year shall be used by	9273
federally qualified health centers and federally designated	9274
look-alikes to provide services to uninsured low-income persons.	9275

Of the foregoing appropriation item 440-416, Child and Family	9276
Health Services, $50,000 in each fiscal year shall be used for the	9277
Tree of Knowledge Learning Center in Cleveland Heights.	9278

Of the foregoing appropriation item 440-416, Child and Family	9279
Health Services, $25,000 in fiscal year 2002 shall be provided to	9280
the Suicide Prevention Program of Clermont County.	9281

Of the foregoing appropriation item 440-416, Child and Family	9282
Health Services, $50,000 in fiscal year 2002 shall be provided to	9283
the Discover Health Project.	9284

Of the foregoing appropriation item 440-416, Child and Family	9285
Health Services, $75,000 in fiscal year 2002 shall be provided to	9286
the Mayerson Center.	9287

Of the foregoing appropriation item 440-416, Child and Family	9288
Health Services, $50,000 in fiscal year 2002 shall be provided to	9289
the Central Clinic at the University of Cincinnati.	9290

IMMUNIZATIONS

9291

Of the foregoing appropriation item 440-418, Immunizations,	9292
$125,000 per fiscal year shall be used to provide vaccinations for	9293
Hepatitis B to all qualified underinsured students in the seventh	9294
grade who have not been previously immunized.	9295

Of the foregoing appropriation item 440-418, Immunizations,	9296
up to $25,000 in each fiscal year shall be used to provide	9297
vaccinations for pneumococcal disease for children between the	9298
ages of two and five.	9299

SEXUAL ASSAULT PREVENTION AND INTERVENTION

9300

The foregoing appropriation item 440-419, Sexual Assault	9301
Prevention and Intervention, shall be used for the following	9302
purposes:	9303

(A) Funding of new services in counties with no services for	9304
sexual assault;	9305

(B) Expansion of services provided in currently funded	9306
projects so that comprehensive crisis intervention and prevention	9307
services are offered;	9308

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	9309
projects;	9310

(D) Statewide expansion of local outreach and public	9311
awareness efforts.	9312

HIV/AIDS PREVENTION/TREATMENT

9313

Of the foregoing appropriation item 440-444, AIDS Prevention	9314
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	9315
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	9316
in acquiring HIV-related medications.	9317

The HIV Drug Assistance Program is pursuant to section	9318
3701.241 of the Revised Code and Title XXVI of the "Public Health	9319
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	9320
The Department of Health may adopt rules pursuant to Chapter 119.	9321
of the Revised Code as necessary for the administration of the	9322
program.	9323

INFECTIOUS DISEASE PREVENTION

9324

Notwithstanding section 339.77 of the Revised Code, $60,000	9325
of the foregoing appropriation item 440-446, Infectious Disease	9326
Prevention, shall be used by the Director of Health to reimburse	9327
Boards of County Commissioners for the cost of detaining indigent	9328
persons with tuberculosis. Any portion of the $60,000 allocated	9329
for detainment not used for that purpose shall be used to make	9330
payments to counties pursuant to section 339.77 of the Revised	9331
Code.	9332

Of the foregoing appropriation item 440-446, Infectious	9333
Disease Prevention, $200,000$335,000 in each fiscal year shall be	9334
used for the purchase of drugs for sexually transmitted diseases.	9335

HELP ME GROW

9336

The foregoing appropriation item 440-459, Help Me Grow, shall	9337
be used by the Department of Health to distribute subsidies to	9338
counties to implement section 3701.61 of the Revised Codethe Help	9339
Me Grow program. Appropriation item 440-459 may be used in	9340
conjunction with Temporary Assistance for Needy Families from the	9341
Department of Job and Family Services, Even Start from the	9342
Department of Education, and in conjunction with other early	9343
childhood funds and services to promote the optimal development of	9344
young children. Local contacts shall be developed between local	9345
departments of job and family services and family and children	9346
first councils for the administration of TANF funding for the Help	9347
Me Grow Program. The Department of Health shall enter into an	9348
interagency agreement with the Department of Education to	9349
coordinate the planning, design, and grant selection process for	9350
any new Even Start grants and to ensure that all new and existing	9351
programs within Help Me growGrow are school linked.	9352

POISON CONTROL NETWORK

9353

The foregoing appropriation item 440-504, Poison Control	9354
Network, shall be used in each fiscal year by the Department of	9355
Health for grants to the consolidated Ohio Poison Control Center	9356
to provide poison control services to Ohio citizens.	9357

TANF FAMILY PLANNING

9358

The Director of Budget and Management shall transfer by	9359
intrastate transfer voucher, no later than the fifteenth day of	9360
July of each fiscal year, cash from the General Revenue Fund,	9361
appropriation item 600-410, TANF State, to General Services Fund	9362
5C1 in the Department of Health, in an amount of $250,000 in each	9363
fiscal year for the purpose of family planning services for	9364
children or their families whose income is at or below 200 per	9365
cent of the official poverty guideline.	9366

As used in this section, "poverty guideline" means the	9367
official poverty guideline as revised annually by the United	9368
States Secretary of Health and Human Services in accordance with	9369
section 673 of the "Community Services Block Grant Act," 95 Stat.	9370
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	9371
to the size of the family of the person whose income is being	9372
determined.	9373

MATERNAL CHILD HEALTH BLOCK GRANT

9374

Of the foregoing appropriation item 440-601, Maternal Child	9375
Health Block Grant (Fund 320), $2,091,299 shall be used in each	9376
fiscal year for the purposes of abstinence-only education. The	9377
Director of Health shall develop guidelines for the establishment	9378
of abstinence programs for teenagers with the purpose of	9379
decreasing unplanned pregnancies and abortion. Such guidelines	9380
shall be pursuant to Title V of the "Social Security Act," 42	9381
U.S.C.A. 510, and shall include, but are not limited to,	9382
advertising campaigns and direct training in schools and other	9383
locations.	9384

A portion of the foregoing appropriation item 440-601,	9385
Maternal Child Health Block Grant (Fund 320), may be used to	9386
ensure that current information on sudden infant death syndrome is	9387
available for distribution by local health districts.	9388

TITLE XX TRANSFER

9389

Of the foregoing appropriation item 440-611, Title XX	9390
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	9391
funds are available based on deposits made pursuant to Section	9392
63.09 of this actAm. Sub. H.B. 94 of the 124th General Assembly,	9393
shall be used for the purposes of abstinence-only education. The	9394
Director of Health shall develop guidelines for the establishment	9395
of abstinence programs for teenagers with the purpose of	9396
decreasing unplanned pregnancies and abortion. The guidelines	9397
shall be developed pursuant to Title V of the "Social Security	9398
Act," 42 U.S.C. 510, and shall include, but are not to be limited	9399
to, advertising campaigns and direct training in schools and other	9400
locations.	9401

GENETICS SERVICES

9402

The foregoing appropriation item 440-608, Genetics Services	9403
(Fund 4D6), shall be used by the Department of Health to	9404
administer programs authorized by sections 3701.501 and 3701.502	9405
of the Revised Code. None of these funds shall be used to counsel	9406
or refer for abortion, except in the case of a medical emergency.	9407

SICKLE CELL FUND

9408

The foregoing appropriation item 440-610, Sickle Cell Disease	9409
Control (Fund 4F9), shall be used by the Department of Health to	9410
administer programs authorized by section 3701.131 of the Revised	9411
Code. The source of the funds is as specified in section 3701.23	9412
of the Revised Code.	9413

SAFETY AND QUALITY OF CARE STANDARDS

9414

The Department of Health may use Fund 471, Certificate of	9415
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	9416
the Revised Code in each fiscal year.	9417

MEDICALLY HANDICAPPED CHILDREN AUDIT

9418

The Medically Handicapped Children Audit Fund (Fund 477)	9419
shall receive revenue from audits of hospitals and recoveries from	9420
third-party payors. Moneys may be expended for payment of audit	9421
settlements and for costs directly related to obtaining recoveries	9422
from third-party payors and for encouraging Medically Handicapped	9423
Children's Program recipients to apply for third-party benefits.	9424
Moneys also may be expended for payments for diagnostic and	9425
treatment services on behalf of medically handicapped children, as	9426
defined in division (A) of section 3701.022 of the Revised Code,	9427
and Ohio residents who are twenty-one or more years of age and who	9428
are suffering from cystic fibrosis. Moneys may also be expended	9429
for administrative expenses incurred in operating the Medically	9430
Handicapped Children's Program.	9431

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	9432
PERMIT FUND	9433

The Director of Budget and Management, pursuant to a plan	9434
submitted by the Department of Health, or as otherwise determined	9435
by the Director of Budget and Management, shall set a schedule to	9436
transfer cash from the Liquor Control Fund (Fund 043) to the	9437
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	9438
needs of the Alcohol Testing and Permit program.	9439

The Director of Budget and Management shall transfer to the	9440
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	9441
Fund (Fund 043) established in section 4301.12 of the Revised Code	9442
such amounts at such times as determined by the transfer schedule.	9443

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

9444

The foregoing appropriation item 440-607, Medically	9445
Handicapped Children - County Assessments (Fund 666), shall be	9446
used to make payments pursuant to division (E) of section 3701.023	9447
of the Revised Code."	9448

Section 70. That existing Section 56.01 of Am. Sub. H.B. 94	9449
of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of	9450
the 124th General Assembly, is hereby repealed.	9451

Section 71. That Section 63.09 of Am. Sub. H.B. 94 of the	9452
124th General Assembly, as most recently amended by Am. Sub. H.B.	9453
405 of the 124th General Assembly, be amended to read as follows:	9454

"       Sec. 63.09. TANF

9455

TANF COUNTY INCENTIVES

9456

Of the foregoing appropriation item 600-689, TANF Block	9457
Grant, the Department of Job and Family Services may provide	9458
financial incentives to those county departments of job and family	9459
services that have exceeded performance standards adopted by the	9460
state department, and where the board of county commissioners has	9461
entered into a written agreement with the state department under	9462
section 5101.21 of the Revised Code governing the administration	9463
of the county department. Any financial incentive funds provided	9464
pursuant to this division shall be used by the county department	9465
for additional or enhanced services for families eligible for	9466
assistance under Chapter 5107. or benefits and services under	9467
Chapter 5108. of the Revised Code or, on request by the county and	9468
approval by the Department of Job and Family Services, be	9469
transferred to the Child Care and Development Fund or the Social	9470
Services Block Grant. The county departments of job and family	9471
services may retain and expend such funds without regard to the	9472
state or county fiscal year in which the financial incentives were	9473
earned or paid. Each county department of job and family services	9474
shall file an annual report with the Department of Job and Family	9475
Services providing detailed information on the expenditure of	9476
these financial incentives and an evaluation of the effectiveness	9477
of the county department's use of these funds in achieving	9478
self-sufficiency for families eligible for assistance under	9479
Chapter 5107. or benefits and services under Chapter 5108. of the	9480
Revised Code.	9481

TANF YOUTH DIVERSION PROGRAMS

9482

Of the foregoing appropriation item 600-689, TANF Block	9483
Grant, $19,500,000 in each fiscal year shall be allocated by the	9484
Department of Job and Family Services to the counties according to	9485
the allocation formula established in division (D) of section	9486
5101.14 of the Revised Code. Of the funds allocated to each	9487
county, up to half may be used for contract services for unruly	9488
and misdemeanant diversionary programs.	9489

The remaining funds not allocated for use in juvenile	9490
diversion activities may be used by the county for other contract	9491
child welfare services. In counties with separate departments of	9492
job and family services and public children services agencies, the	9493
county department of job and family services shall serve as a pass	9494
through to the public children services agencies for these funds.	9495
Separate public children services agencies receiving such funds	9496
shall comply with all TANF requirements, including reporting	9497
requirements and timelines, as specified in state and federal	9498
laws, federal regulations, state rules, and the Title IV-A state	9499
plan, and are responsible for payment of any adverse audit	9500
finding, final disallowance of federal financial participation, or	9501
other sanction or penalty issued by the federal government or	9502
other entity concerning these funds.	9503

Of the foregoing $19,500,000 set aside, any funds remaining	9504
unspent on June 30, 2002, shall be carried forward and added to	9505
the earmark for fiscal year 2003, and allocated to the counties	9506
according to the allocation formula established in division (D) of	9507
section 5101.14 of the Revised Code.	9508

KINSHIP NAVIGATORS

9509

Of the foregoing appropriation item 600-689, TANF Block	9510
Grant, up to $3 million in each fiscal year shall be allocated by	9511
the Department of Job and Family Services to county departments of	9512
job and family services for the purpose of making allocations to	9513
local public children services agencies to provide services in the	9514
Kinship Navigation program. The allocation to county departments	9515
of job and family services shall be based on the number of Ohio	9516
works first cases in the county, and the number of children	9517
seventeen years of age or younger in the county. The Department of	9518
Job and Family Services shall develop an appropriate method of	9519
reallocating these funds in each fiscal year among the county	9520
departments of job and family services, if they would otherwise be	9521
unspent.	9522

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

9523

From the foregoing appropriation item 600-689, TANF Block	9524
Grant, up to $1,000,000 in each fiscal year shall be used to	9525
support capacity-building efforts among faith-based and non-profit	9526
organizations, for the purpose of providing allowable services to	9527
TANF-eligible individuals. Organizations receiving these funds	9528
shall comply with all TANF requirements, and shall agree with the	9529
Department of Job and Family Services on reporting requirements to	9530
be incorporated into the grant agreement.	9531

TANF EDUCATION

9532

There is hereby established the Title IV-A Education Program	9533
to be administered by the Department of Education in accordance	9534
with an interagency agreement entered into with the Department of	9535
Job and Family Services under division (A)(2) of section 5101.801	9536
of the Revised Code. The program shall provide benefits and	9537
services to TANF eligible individuals with incomes at or below 200	9538
per cent of the federal poverty guidelines under a Title IV-A	9539
program pursuant to the requirements of section 5101.801 of the	9540
Revised Code. Upon approval by the Department of Job and Family	9541
Services, the Department of Education shall adopt policies and	9542
procedures establishing program requirements for eligibility,	9543
services, fiscal accountability, and other criteria necessary to	9544
comply with the provisions of Title IV-A of the "Social Security	9545
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	9546

The Department of Job and Family Services shall reimburse the	9547
General Revenue Fund through intrastate transfer vouchers for	9548
allowable Title IV-A Head Start expenditures reported by the	9549
Department of Education in fiscal year 2002during the fiscal year	9550
2002-2003 biennium by amounts up to $76,156,175an amount not to	9551
exceed $175,000,000 from Fund 3V6, TANF Block Grant, and in fiscal	9552
year 2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	9553
Department of Job and Family Services shall reimburse the General	9554
Revenue Fund through intrastate transfer vouchers for allowable	9555
Title IV-A student intervention services expenditures in fiscal	9556
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	9557

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	9558
ADULT LITERACY AND CHILD READING PROGRAMS	9559

There is hereby established the Title IV-A Adult Literacy and	9560
Child Reading Program to be administered by the county departments	9561
of job and family services in accordance with division (B)(1) of	9562
section 5101.801 of the Revised Code. The program shall provide	9563
benefits and services to TANF-eligible individuals with incomes at	9564
or below 200 per cent of the federal poverty guidelines under a	9565
Title IV-A program pursuant to the requirements of section	9566
5101.801 of the Revised Code. The county departments of job and	9567
family services shall ensure program requirements for eligibility,	9568
services, fiscal accountability, and other criteria necessary to	9569
comply with the provisions of Title IV-A of the "Social Security	9570
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	9571
that benefits and services are allowable uses of federal Title	9572
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	9573
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	9574
benefits and services shall be benefits and services that 45	9575
C.F.R. 260.31(b) excludes from the definition of "assistance."	9576
From the foregoing appropriation item 600-689, TANF Block Grant,	9577
up to $5,000,000 in each fiscal year shall be used to support	9578
local adult literacy and child reading programs.	9579

TALBERT HOUSE

9580

In each fiscal year, the Director of Job and Family Services	9581
shall provide $100,500 from appropriation item 600-689, TANF Block	9582
Grant, to the Hamilton County Department of Job and Family	9583
Services to contract with the Talbert House for the purpose of	9584
providing allowable services to TANF-eligible individuals with	9585
incomes at or below 200 per cent of the federal poverty	9586
guidelines. The contract between the Hamilton County Department	9587
of Job and Family Services and the Talbert House shall establish	9588
conditions for the reimbursement of allowable Title IV-A	9589
expenditures for services that are allowable uses of federal Title	9590
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	9591
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	9592
benefits and services shall be benefits and services that 45	9593
C.F.R. 260.31(b) excludes from the definition of "assistance." The	9594
contract shall also require Talbert House to comply with	9595
requirements of Title IV-A of the "Social Security Act," 110 Stat.	9596
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	9597
individuals, reporting requirements, allowable benefits and	9598
services, use of funds, and audit requirements, as specified in	9599
state and federal laws, federal regulations, state rules, federal	9600
Office of Management and Budget circulars, and the Title IV-A	9601
state plan.	9602

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

9603

In each fiscal year, the Director of Job and Family Services	9604
shall provide $1,000,000 from appropriation item 600-689, TANF	9605
Block Grant, to the Montgomery County Department of Job and Family	9606
Services to be used to support the Out-of-School Youth Project in	9607
Montgomery County for the purpose of providing allowable services	9608
to TANF-eligible individuals. The Montgomery County Department of	9609
Job and Family Services and the Sinclair Community College shall	9610
comply with all TANF requirements, including reporting	9611
requirements and timelines, as specified in state and federal	9612
laws, federal regulations, state rules, and the Title IV-A state	9613
plan.	9614

APPALACHIAN TECHNOLOGY AND WORKFORCE DEVELOPMENT

9615

From the foregoing appropriation item 600-689, TANF Block	9616
Grant, the Director of Job and Family Services shall provide up to	9617
$15,000,000 to be awarded to the county departments of job and	9618
family services in the twenty-nine Appalachian counties. Each	9619
county shall be eligible to apply for an initial grant, or grants,	9620
the cumulative amount of which shall not exceed $500,000 per	9621
county. These funds shall be used by the county departments of job	9622
and family services in coordination with the Governor's Office of	9623
Appalachia, the Governor's Regional Economic Office, and local	9624
development districts. These funds shall be used for the	9625
following eligible activities: workforce development and	9626
supportive services; microenterprise development and other	9627
entrepreneurship activities; technology expansion, technical	9628
assistance, and training; youth job training; and improving	9629
existing technology centers, job creation and retention,	9630
purchasing technology, and technology upgrades. The funds may be	9631
used to leverage other state and local funds for eligible	9632
activities.	9633

As a condition on the use of these funds, each county	9634
department of job and family services shall have a committee that	9635
shall submit a plan for the intended use of these funds to the	9636
Governor's Office of Appalachia. The plan shall be reviewed by the	9637
Governor's Office of Appalachia, which may approve or disapprove	9638
the plan in whole or in part. The Governor's Office of Appalachia	9639
shall forward each final, approved plan to the Department of Job	9640
and Family Services. The plan must be developed and submitted by a	9641
county committee that includes, at a minimum, a county	9642
commissioner; a mayor of a municipality in the county; an economic	9643
development official from the county, local political subdivision,	9644
or development district; a representative of a chamber of commerce	9645
or a port authority in the county; a local or regional community	9646
action representative; and a representative from the county	9647
department of job and family services.	9648

The Governor's Office of Appalachia shall develop guidelines	9649
for the submission and approval of plans, guidelines for quarterly	9650
monitoring and reporting on program activities after funds are	9651
awarded, and any other guidelines necessary for the administration	9652
of the program. The Department of Job and Family Services shall	9653
provide technical assistance and advice to the Governor's Office	9654
of Appalachia to facilitate the administration of the funds. The	9655
Governor's Office of Appalachia shall develop guidelines for the	9656
reallocation of unawarded funds.	9657

Also as a condition on the use of these funds, each county	9658
shall acknowledge that these funds are a one-time allocation, not	9659
intended to fund services beyond June 30, 2003.	9660

In fiscal year 2002, the TANF allocation to each of the	9661
Appalachian counties shall not be less than the TANF allocation	9662
amount for fiscal year 2001, as allocated according to the	9663
methodology set forth in paragraph (I) of rule 5101-6-03 of the	9664
Administrative Code.	9665

The use of these funds shall comply with all TANF	9666
requirements, including reporting requirements and timelines, as	9667
specified in state and federal laws, federal regulations, state	9668
rules, and the Title IV-A state plan.	9669

CENTER FOR FAMILY AND CHILDREN

9670

Of the foregoing appropriation item 600-689, TANF Block	9671
Grant, $150,000 in fiscal year 2002 shall be provided to the	9672
Center for Family and Children.	9673

TANF FAMILY PLANNING

9674

The Director of Budget and Management shall transfer by	9675
intrastate voucher, no later than the fifteenth day of July of	9676
each fiscal year, cash from the General Revenue Fund,	9677
appropriation item 600-410, TANF State, to General Services Fund	9678
5C1 in the Department of Health, in an amount of $250,000 in each	9679
fiscal year for the purpose of family planning services for	9680
children or their families whose income is at or below 200 per	9681
cent of the official poverty guideline.	9682

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

9683

From the foregoing appropriation items 600-410, TANF State;	9684
600-658, Child Support Collections; or 600-689, TANF Block Grant,	9685
or a combination of these appropriation items, no less than	9686
$369,040,735 in each fiscal year shall be allocated to county	9687
departments of job and family services as follows:	9688

Upon the request of the Department of Job and Family	9698
Services, the Director of Budget and Management may seek	9699
Controlling Board approval to increase appropriations in	9700
appropriation item 600-689, TANF Block Grant, provided sufficient	9701
Federal TANF Block Grant funds exist to do so, without any	9702
corresponding decrease in other appropriation items. The	9703
Department of Job and Family Services shall provide the Office of	9704
Budget and Management and the Controlling Board with documentation	9705
to support the need for the increased appropriation.	9706

All transfers of moneys from or charges against TANF Federal	9707
Block Grant awards for use in the Social Services Block Grant or	9708
the Child Care and Development Block Grant from either unobligated	9709
prior year appropriation authority in appropriation item 400-411,	9710
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	9711
from fiscal year 2002 and fiscal year 2003 appropriation authority	9712
in item 600-689, TANF Block Grant, shall be done ten days after	9713
the Department of Job and Family Services gives written notice to	9714
the Office of Budget and Management. The Department of Job and	9715
Family Services shall first provide the Office of Budget and	9716
Management with documentation to support the need for such	9717
transfers or charges for use in the Social Services Block Grant or	9718
in the Child Care and Development Block Grant.	9719

The Department of Job and Family Services shall in each	9720
fiscal year of the biennium transfer the maximum amount of funds	9721
from the federal TANF Block Grant to the federal Social Services	9722
Block Grant as permitted under federal law. Not later than July	9723
15, 2001, the Department of Job and Family Services shall draw	9724
$60,000,000 in receipts from TANF funds that were transferred into	9725
the Social Services Block Grant into State Special Revenue Fund	9726
5Q8, in the Office of Budget and Management. Not later than June	9727
1, 2002, the Director of Budget and Management shall determine the	9728
amount of funds in State Special Revenue Fund 5Q8 that is needed	9729
for the purpose of balancing the General Revenue Fund, and may	9730
transfer that amount to the General Revenue Fund. Not later than	9731
June 1, 2003, the Director of Budget and Management shall	9732
determine the amount of funds in State Special Revenue Fund 5Q8	9733
that is needed for the purpose of balancing the General Revenue	9734
Fund, and may transfer that amount to the General Revenue Fund.	9735
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	9736
2003, shall be transferred not later than June 20, 2003, to Fund	9737
3V6, TANF Block Grant, in the Department of Job and Family	9738
Services.	9739

Before the thirtieth day of September of each fiscal year,	9740
the Department of Job and Family Services shall file claims with	9741
the United States Department of Health and Human Services for	9742
reimbursement for all allowable expenditures for services provided	9743
by the Department of Job and Family Services, or other agencies	9744
that may qualify for Social Services Block Grant funding pursuant	9745
to Title XX of the Social Security Act. The Department of Job and	9746
Family Services shall deposit, into Fund 5E6, State Option Food	9747
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	9748
million, into Fund 3W5, Health Care Services, $500,000, into Fund	9749
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	9750
Connection, $50,000 and deposit in fiscal year 2002, into Fund	9751
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	9752
in the Department of Natural Resources, $7,885,349, and into Fund	9753
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	9754
Grant funds credited to the Social Services Block Grant. In fiscal	9755
year 2003, if, pursuant to federal law, the state is allowed to	9756
transfer up to 10 per cent of the TANF block grant and no less	9757
than $72,796,826 for the purposes of reimbursing allowable	9758
expenditures for services provided by the Department of Job and	9759
Family Services, or other agencies that may qualify for Social	9760
Services Block Grant funding pursuant to Title XX of the Social	9761
Security Act, then the Department of Job and Family Services shall	9762
deposit $6 million into Fund 5E6, State Option Food Stamps, $7.5	9763
million into Fund 5P4 TANF Child Welfare, $897,052 into Fund 3W2,	9764
Title XX Vocational Rehabilitation, and $500,000 into Fund 3W5,	9765
Health Care Services. To the extent that the amount allowed to be	9766
transferred is less than the $72,796,826, then the amounts	9767
deposited into the above funds shall be reduced proportionally. On	9768
verification of the receipt of the above revenue, the funds	9769
provided by these transfers shall be used as follows:	9770

WELLNESS

9806

The foregoing appropriation item 600-690, Wellness, shall be	9807
used by county departments of job and family services for teen	9808
pregnancy prevention programming. Local contracts shall be	9809
developed between county departments of job and family services	9810
and local family and children first councils for the	9811
administration of TANF funding for this program."	9812

Section 72. That existing Section 63.09 of Am. Sub. H.B. 94	9813
of the 124th General Assembly, as most recently amended by Am.	9814
Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.	9815

Section 73. That Section 30 of Am. Sub. H.B. 405 of the 124th	9816
General Assembly be amended to read as follows:	9817

"       Sec. 30. TRANSFERS FROMTO THE BUDGET STABILIZATION FUND

9818

Within ten working days after the end of fiscal year 2003,	9819
the Director of Budget and Management shall determine the General	9820
Revenue Fund tax revenues for fiscal year 2003. If the director	9821
finds that the tax revenues are greater than $17,037,900,000	9822
$17,263,500,000, the director shall transfer the amount that is in	9823
excess of $17,037,900,000$17,263,500,000 from the General Revenue	9824
Fund to the Budget Stabilization Fund."	9825

Section 74. That existing Section 30 of Am. Sub. H.B. 405 of	9826
the 124th General Assembly is hereby repealed.	9827

Section 75. Except as otherwise specifically provided in this	9828
act, the codified and uncodified sections of law amended or	9829
enacted by this act, and the items of law of which the codified	9830
and uncodified sections of law amended or enacted by this act are	9831
composed, are subject to the referendum. Therefore, under Ohio	9832
Constitution, Article II, Section 1c and section 1.471 of the	9833
Revised Code, the codified and uncodified sections of law amended	9834
or enacted by this act, and the items of law of which the codified	9835
and uncodified sections amended or enacted by this act are	9836
composed, take effect on the ninety-first day after this act is	9837
filed with the Secretary of State. If, however, a referendum	9838
petition is filed against any such codified or uncodified section	9839
of law as amended or enacted by this act, or against any item of	9840
law of which any such codified or uncodified section of law as	9841
amended or enacted by this act is composed, the codified or	9842
uncodified section of law as amended or enacted, or item of law,	9843
unless rejected at the referendum, takes effect at the earliest	9844
time permitted by law.	9845

Section 76. The amendments by this act to Sections 13, 13.01,	9846
13.05, 13.12, 32, 45, 56.01, 63.09, and 69 of Am. Sub. H.B. 94 of	9847
the 124th General Assembly are not subject to the referendum.	9848
Therefore, under Ohio Constitution, Article II, Section 1d and	9849
section 1.471 of the Revised Code, the amendments go into	9850
immediate effect when this act becomes law.	9851

Section 77. The amendment by this act to Section 30 of Am.	9852
Sub. H.B. 405 of the 124th General Assembly is not subject to the	9853
referendum. Therefore, under Ohio Constitution, Article II,	9854
Section 1d and section 1.471 of the Revised Code, the amendment	9855
goes into immediate effect when this act becomes law.	9856

Section 78. Section 55 of this act is not subject to the	9857
referendum. Therefore, under Ohio Constitution, Article II,	9858
Section 1d and section 1.471 of the Revised Code, the section goes	9859
into immediate effect when this act becomes law.	9860

Section 79. If any item of law that constitutes the whole or	9861
part of a codified or uncodified section of law contained in this	9862
act, or if any application of any item of law that constitutes the	9863
whole or part of a codified or uncodified section of law contained	9864
in this act, is held invalid, the invalidity does not affect other	9865
items of law or applications of items of law that can be given	9866
effect without the invalid item of law or application. To this	9867
end, the items of law of which the codified and uncodified	9868
sections of law contained in this act are composed, and their	9869
applications, are independent and severable.	9870